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PZC Packet 080712HEART of the VALLEY 1 1 21 I. Call to Order (5:00pm) II. Roll Call Town of Avon Planning & Zoning Commission Regular Meeting Agenda for August 7, 2012 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street - All Times are Estimates - III. Additions & Amendments to the Agenda IV. Major Design and Development Plan — CONTINUED (5:05pm) Property Location: Lot 46, Block 1, Benchmark at Beaver Creek / 420 Nottingham Road Applicant: Mark Donaldson, VMD Architects / Owner. Chambertin Townhomes HOA Description: A reconstruction of the 4-plex townhome structure that was destroyed by fire in May of 2012. The reconstruction is subject to the Development Code as well as the Non - Conforming Uses and Structure section of the Development Code. This application was continued from the July 17, 2012 PZC meeting. V. Preliminary PUD Application — PUBLIC HEARING (5:30pm) Property Location: Lot 1, Brookside Park, Eaglewood Subdivision / 37347 Highway 6 & 24 Applicant: Rick Pylman, Pylman & Associates / Owner: Riverview Park Associates Description: Application requesting a modification to the permitted uses for the Brookside Park PUD, Lot 1, to allow up to twenty-four (24) residential dwelling units in place of existing office uses. VI. Final PUD Application — PUBLIC HEAERING (6:00pm) Property Location: Mixed -Use Development known as The Village (at Avon) Applicant/Owner: Harvey Robertson / Traer Creek, LLC Description: The Applicant is proposing a Final PUD Application, following the approval of a Preliminary PUD application at the July 10, 2012 Town Council Meeting. The Application proposes several amendments to the approved zoning control documents, including but not limited to the following amendments: A. Extension to Vested Property Rights B. School Site Dedication C. Planning Area N South (Park to Commercial including Hotel Use) D. Hotel Use for RMF -1 (Proposed J) E. OS -9 and OS -10 F. Road Access to M (Proposed 1) G. Hillside Density H. Dedication of Planning Areas B & C I. East Beaver Creek Boulevard J. Drainage Master Plan K. Administrative Subdivision Approval Agenda Posted on August 3, 2012 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, side entrance board • Alpine Bank, main lobby • Avon Public Library, public notice board • On the Internet at http://www.avon.org / Please call (970) 748.4030 for directions VII. Approval of Meeting Minutes • June 11, 2012 Meeting Minutes • June 25, 2012 Meeting Minutes • July 17, 2012 Meeting Minutes VIII. Other Business IX. Adjourn Agenda Posted on August 3, 2012 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, side entrance board • Alpine Bank, main lobby • Avon Public Library, public notice board • On the Internet at http://www.avon.org / Please call (970) 748.4030 for directions Staff Report — Major Design and Development Plan hi August 7, 2012 Planning & Zoning Commission Meeting AV 0 N Report date August 3, 2012 Project type Residential Construction Rebuild — 4 Multi -Family Residences Legal description Lot 46, Block 1, Benchmark at Beaver Creek Subdivision Zoning Residential Low Density Address 420 Nottingham Road Prepared By Jared Barnes, Planner I Summary of Requests The Applicant, Mark Donaldson, representing Chambertin Townhomes Homeowners Association (the Owner), has submitted a Major Design and Development application for a rebuild of a four (4) unit multi -family structure on Lot 46, Block 1 of the Benchmark at Beaver Creek Subdivision, also described as 420 Nottingham Road (the Property). The Applicant is proposing to reconstruct a 4-plex townhome structure that was destroyed by fire earlier this year. The units will measure approximately 3,022 (Unit 5), 3,280 (Unit 6), 3,280 (Unit 7), and 3,022 (Unit 8) sq. ft. The residences will utilize stucco, wood siding, and asphalt shingles. Background and Process In May of 2012 a structure fire occurred completely destroying a Chambertin Townhome structure containing Units 5-8. The structure fire also caused damage to the adjacent buildings Chambertin Townhomes Units 9-12 and Nightstar Residences. As a result of the fire families have been displaced and property has been lost. The fire destroyed the entire structure, but the foundation walls are in good shape and are able to be used. The Applicant is proposing to rebuild the structure using the adjacent units and foundation walls as a guide for the design. At the July 17th, 2012 meeting the PZC reviewed and provided comments on initial design plans for the rebuilding of the structure. The PZC and Applicant discussed the lack of files for the original design, but agreed that the units were similar to the adjacent buildings to the west and should be designed based on those units. The PZC came to a general consensus supporting the rebuilding of the structure, based on a design that was similar to the adjacent structures, regardless of the compliance with zoning and design standards. In order to reconstruct a building that is destroyed by fire, the Municipal Code requires an approval of a Major Design and Development Plan. In addition to the regular Design and Development Plan review criteria, as listed later in this staff report, the application will also be subject to the Non - Conforming Uses and Structures criteria. §7.04.120(d) sets forth parameters for reconstruction of a non -conforming structure that is destroyed by fire by more than fifty percent (50%). In order to approve the proposed design the PZC needs to determine that the application complies with the review criteria set forth in the Avon Municipal Code (AMC). Property Description The Property contains three (3) separate 4-plex townhome structures with the total lot area measuring 1.753 acres. The Property was subdivided into three (3) filings for each building and for the remainder of this report the term "The Property" will refer to only Filing No. 3. The Property slopes downhill from north to south with a driveway and parking lot to the north of the units and retaining walls south of the unit abutting Nottingham Road. The property contains irregular setbacks as the Plat for Lot 46 indicates a twenty foot (20') building setback from Nottingham Road August 7, 2012 PZC Meeting — Lot 46, Block 1, BMBC Chambertin Townhomes Units 5-8 to the west and it transitions to a twenty-five foot (25) setback as it hits the eastern property line. The Property contains easements of ten feet (10') on the rear property line and seven and one-half feet (7.5') on the east side property line. Planning Analysis Allowed Use and Density: The Property is zoned Residential Low Density (RLD). The property is 0.5376 acres and allows four (4) dwelling units based on seven and one-half (7.5) dwelling units per acre. The application proposes to construct four (4) dwelling units and complies with zoning. Lot Coverage, Setback and Easements: The applicant is proposing that the lot coverage is twenty- nine percent (29%) which complies with the maximum fifty percent (50%) allowed by zoning. The proposed structure does violate setbacks and easements as the western portion of the building encroaches into the seven and one-half feet (75) by three feet and four inches (3'-4"). Building Height: The maximum building height permitted for this property is thirty-five feet (35). As is stated throughout this Staff Report, neither the Town, Applicant, or HOA had building permit plan sets for this complex or structure. The Applicant has used the adjacent buildings as a guide for the floor plans and building height for this application. As seen on the building elevations, the applicant is proposing the ridge of the mansard roof to be thirty-eight feet and six and seven - eighths inches (38'-6 7/8") above the basement floor height. This application violates the maximum height allowed by zoning. Parking: The parking requirement for each unit is three (3) on-site parking spaces as well as two (2) guest parking spaces. The Applicant is proposing that Units 5 and 8 have two (2) spaces in the garage, while Units 6 and 7 have one (1) garage space and one (1) carport space. An additional six (6) spaces are provided in the parking lot to satisfy the fourteen (14) space requirement. Outdoor Lighting: The Applicant is proposing to use a combination of full cut-off wall mounted fixtures and recessed can lights (Exhibit B) for all exterior lighting adjacent to doors as required by the Building Code. The wall mounted fixtures are Destination Lighting's "Cylindrical Outdoor Wall Light", while the recessed can fixture has a white trim. Both fixtures comply with the Town of Avon's dark sky ordinance. Snow Storage: The Applicant is not proposing to modify the location of the existing driveways and parking spaces. The Applicant is proposing 1,325 SF of snow storage to the north of the existing driveway. This area exceeds the minimum requirement of twenty percent (20%) of the driveway area. Engineering Analysis General Requirements, Driveways, and Grading: Due to the use of the existing foundation, and driveway there is no need to modify grading or driveways. Staff has no comments regarding the site plan. Retaining Walls: The Applicant intends to utilize the existing retaining walls to the south of structure. These walls may have been damaged due to the fire and firefighting, therefore Staff recommends the Applicant provide a letter from a Colorado Licensed Engineer verifying these walls are structurally sound. August 7, 2012 PZC Meeting — Lot 46, Block 1, BMBC Chambertin Townhomes Units 5-8 2 Design Standards Analysis Landscaping: The Applicant is proposing to install new landscaping on the property to replace the existing vegetation that was damaged due to the fire. The proposed landscape plan includes fourteen (14) Engleman Spruce trees, seventeen (17) aspen trees, thirty-three (33) chokecherry shrubs and groundcover. §7.28.050(e) requires that the Property provide 231 landscape units based on the 11,533 sq. ft. of proposed landscaped area. The applicant is proposing to provide 235 landscape units through the materials discussed above. The applicant is requesting that the landscape plan be approved pursuant to the non -conforming structures section as the proposed plan complements the adjacent structures' landscaping. Building Materials and Colors: The primary exterior building materials are vertical wood siding and stucco. The applicant is proposing to match the colors of the existing buildings to the west. The proposed colors are as follows: stucco — "Roycroft Vellum" (SW2833); wood siding, doors, and decking — "Woodbriar" (SW3035); and, soffit and fascia — "Cedar Bark" (SW3511). Staff has attached photographs of the existing buildings (Exhibit C) and a color/material board will be provided at the PZC meeting for review at the meeting. The proposed materials and colors meet the requirements of Title 7 of the Municipal Code, with the exception of "Roycroft Vellum" which has an LRV of . The applicant has indicated that a revised color scheme for the three (3) buildings of the Chambertain Townhomes HOA will be forth coming. Staff recommends that a revised color scheme for the three (3) structures be added as a condition of approval. Roof Material and Pitch: The applicant is proposing to modify the previous cedar shake shingle roof to an asphalt roofing material that will match the adjacent buildings in color. The application is proposing matching GAF Timberline Ultra "Barkwood". The proposed roof form consists of a mansard style for the main roof with two (2) traditionally pitched dormers on the north side. The mansard roofs with have a pitch of twenty -to -twelve (20:12) and a flat portion consistent with the mansard architectural style. The dormers will have a pitch of five -to -twelve (5:12). Both of the proposed roof forms and pitches comply with the Design Standards which require minimum roof pitches of four -in -twelve (4:12). Building Design: The proposed design generally complies with the Development Standards contained within §7.28.090. Exhibit D, a letter from the Applicant, outlines areas where the proposed design does not comply with the design standards, below is a discussion of these items. • The mansard roofs are compatible with the adjacent structures in the Chambertin Townhomes complex, but do not comply with the snow shedding onto pedestrian area requirements (§7.28.090(c)(4)(i)) or the roof overhang requirements (§7.28.090(c)(4)(ii)). The applicant has provided snow clips on the roof to help mitigate snow shedding, but completely complying with these requirements would necessitate a redesign of the roof structure and would not allow for compatibility with the neighboring structures. • The roof design also has little roofline modulation (§7.28.090(d)(3)(i-ii)) and compliance with this section would again require a redesign of the entire roof form. • The proposed design is a mirror image of the two (2) structures to the west which is prohibited by §7.28.090(d)(6). Complying with this code requirement would necessitate a re -design of the structure and the applicant is requesting that the design be approved to continue the neighborhood compatibility. • §7.28.090(g)(1)(i-iii) requires the designs to relate the building to the street and prohibit rear yards from backing to the street. These sections also require thee pedestrian entrances to be emphasized over the garages. Once again compliance with these requirements would not allow the applicant to utilize the existing foundation walls and would necessitate a complete re -design of the structure. August 7, 2012 PZC Meeting — Lot 46, Block 1, BMBC Chambertin Townhomes Units 5-8 • §7.28.090(g)(4) requires variation in the design of the townhome units. It clearly states that there shall be no distinct demarcation between units and each unit shall vary from the adjacent units. The applicant would have to re -design the structure in order to comply with this code section. The Applicant is requesting that all of the above mentioned non -conformities be allowed to continue pursuant to the Non -Conforming Uses and Structures section of the Municipal Code. Alternative Energy Systems: The Applicant is proposing to reinstall the roof -mounted solar panels. The proposed location, as seen on Sheet A0.1, will be above the flat portion of the roof and will have the upper end mounted to the top of the mansard roof form. Although the specific panels have yet to be determined, the Applicant has indicated the total area will be 400 sq. ft. with five (5) panels per unit. Staff recommends that a condition be added to require the panels be approved by staff prior to the issuance of a TCO or CO. Review Criteria §7.16.080(f), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.090, Design Review. (3) Consistency with the Avon Comprehensive Plan; (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. §7.16.090(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2) The design meets the development and design standards established in this Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. §7.16.120, Alternative Equivalent Compliance (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. §7.04.120, Non -Conforming Uses and Structures August 7, 2012 PZC Meeting — Lot 46, Block 1, BMBC Chambertin Townhomes Units 5-8 (d) Repair or Reconstruction of Nonconforming Structures. When compliance with all of the requirements of the Development Code may result in a hardship or burden, the owner of a nonconforming structure which is damaged by fire or other disaster by more than fifty percent (50%) of its replacement cost may apply to the Planning and Zoning Commission (PZC) for a permit to repair or reconstruct the nonconforming structure. The decision of the PZC may be appealed to the Town Council in accordance with §7.16.160. The PZC shall use the criteria set forth in this section to review an application to repair or reconstruct a damaged nonconforming structure: (1) The damage to the nonconforming structure was not caused by the intentional act of criminal conduct of the owner of the nonconforming structure, or the owner's agent or representative; (2) The repair or reconstruction of the damaged nonconforming structure as proposed by the applicant will not result in a greater degree of nonconformity than existed immediately prior to the structure being damaged; (3) The repair or reconstruction of the damaged nonconforming structure as proposed by the applicant will be compatible and consistent with the existing development character in the immediate vicinity of the damaged structure; (4) The damaged nonconforming structure has been brought into compliance with the requirements of the Development Code to the maximum extent practical; and, (5) The continuation of the nonconformity would not threaten the health or safety of the Avon community, would not present risk of damage or injury to property or persons, and would not materially or adversely affect property values. Staff Recommendation Staff recommends approving the Major Design and Development application for a multi -family structure on Lot 46, Block 1, Benchmark at Beaver Creek Subdivision with the following condition 1. Prior to Building Permit issuance the applicant shall provide a letter from a Colorado Licensed Engineer verifying the structural soundness of the existing retaining walls; 2. Prior to a TCO, the applicant propose revised color schemes for the three (3) buildings of the Chambertin Townhomes complex; and, 3. Prior to installation, the applicant shall provide staff with a solar panel cut sheet for review and approval. And with the following findings: 1. The proposed application was reviewed pursuant to §7.04.120(d), Repair and Reconstruction of Noncomforming Structures, and was determined to be compliant with the five (5) review criteria. 2. Based on the letter provided from Travelers Insurance the cause of the fire is "undetermined" and there was no evidence indicating the use of accelerants and therefore in compliance with §7.04.120(d)(1). 3. The following items were acknowledged as non -conforming, but approved pursuant to §7.04.120(d): a. The proposed structure encroached into an easement three feet and four inches (3'-4"); b. The proposed building height of thirty-eight feet and six and seven -eighths inches (38'-6 7/8") exceeds the thirty-five feet (35) maximum building height allowed by zoning; c. The proposed color, "Roycroft Vellum", does not meet the maximum LRV of 60; d. The mansard roofs are compatible with the adjacent structures in the Chambertin Townhomes complex, but do not comply with the snow shedding onto pedestrian August 7, 2012 PZC Meeting — Lot 46, Block 1, BMBC Chambertin Townhomes Units 5-8 area requirements (§7.28.090(c)(4)(i)) or the roof overhang requirements (§7.28.090(c)(4)(ii)); e. The roof design does not comply with the roofline modulation requirement of §7.28.090(d)(3)(i-ii); f. The proposed design is a mirror image of the two (2) structures to the west which is prohibited by §7.28.090(d)(6); g. §7.28.090(g)(1)(i-iii) requires the designs to relate the building to the street and prohibit rear yards from backing to the street, which the proposed design does not comply with; and, h. §7.28.090(g)(4) requires variation in the design of the townhome units and prohibits distinct demarcation between units which the proposed design does not comply with. Exhibits A: Vicinity Map B: Light Fixture Cut Sheets C: Photographs of the existing structures/Color and Material Board D: Letter from Mark Donaldson E: Letter from Travelers Insurance F: Reduced Plan Sets August 7, 2012 PZC Meeting — Lot 46, Block 1, BMBC Chambertin Townhomes Units 5-8 Vicinity Map - Lot 46, Block 1BMBC Exhibit —Residential Streets QQ TM.:^aP'.ns alc-d CY lMCortrsniY a"rol6'Ii�.M =W.1 -t tlrf ofNa mvc Property Boundaries rw r_tsay al Cu CaO -c-.S.xC h en Destination, LIGHTING, Shown in Architectural Bronze Finish Product Overview EXHIBIT B Customer Service: 1-800-653-6556 Cylindrical Outdoor Wall Light Architectural bronze finish with aluminum construction Availability: IN STOCK Price: $66.00 Architectural bronze finish with aluminum construction This cylindrical wall light will prove a durable and functional addition to any outdoor space. This light can be used for soft or bright light, depending upon the bulb used. It is perfect for illuminating a deck or driveway or creating a warm welcome. Takes a 120 -watt BR40 bulb (not included). Approved for wet location use as defined by the National Electric Code. Please consult your local electrical code for details. The International Dark -Sky Association is a non-profit organization that was created in response to the rapid increase in night sky light pollution throughout the United States. Dark Sky Compliant fixtures help to eliminate night time glare emanating from outdoor light fixtures by concentrating the light output towards the ground. Dark Sky Compliant Fixtures meet International Dark -Sky Association specifications. Product Details Product Number: Model Number: Manufacturer Finish: Voltage Type: Height: Bulb Type: 1566 9236AZ Architectural Bronze Line Voltage 9 in. Incandescent Manufacturer: Collection: Total Wattage: Width: Depth: Bulb Shape: Kichler 6" Outdoor Cylinder 120 w. 6 in. 8-1/2 in. R40 http://www.destinationlighting.com/printitem.jhtml?iid=1566 7/17/2012 Oestination, LIGHTING® Shown in Finish Product Overview Page 1 of 1 Customer Service: 1-800-653-6556 6 -inch Recessed Remodel LED Lighting Kit with White Trim 6 -inch insulation -ready recessed lighting kit with white baffle trim interior Availability: IN STOCK Price: $174.90 6 -inch insulation -ready recessed lighting kit with white baffle trim interior Enjoy the appearance of a conventional incandescent fixture with the energy saving benefits of LEDs. This recessed kit provides a light that is similar to a 65 -watt BR30 bulb while using only 14 watts of energy at 3000 Kelvin which produces a warm white light. The low wattage combined with an average lifespan of 50,000 hours will provide you with savings year after year on your energy bill. The white baffle trim has a grooved interior that helps to absorb extra light while providing a crisp appearance that blends easily into the ceiling. Dimmable if used with product number 3944. Please consult a certified electrician for proper placement and installation. This fixture meets strict Energy Star Qualified requirements. Energy Star Qualified is a government - backed program dedicated to promoting products that reduce greenhouse gas emissions. This organization assists individuals and businesses in the identification of energy efficient products. Visit www.energystar.gov for more information. Environmentally friendly - contains no mercury or lead. Product Details Product Number: 314478 Manufacturer: Juno Model Number: IC22RLEDG2-3K/24W-WH KIT Collection: LED Recessed 6" Total Wattage: 14 w. Voltage Type: Line Voltage Voltage Input: 120 v. Width: 7-5/16 in. Height: 7-3/16 in. Length: 14-3/16 in. Bulb Type: LED Bulb Included: Yes http://www.destinafionlighting.com/printitemjhtml?iid=314478 7/17/2012 �e6tin,a dos, LIGHTING Customer Service: 1-800-653-6556 %v%v%N[yc$1iN�i1.'.ICIti'LfGt-iT'iAiG.c=it,�i Fluted Drop Opal Shower Trim s for 6 -Inch Recessed Housings White finish with opal glass " Availability: IN STOCK Price: $34.95 ACTUAL FINISH NOT AS SHOWN Product Overview White finish with opal glass This recessed lighting trim is especially designed for use with a Juno housing kit. Wet -location rated for shower use. Air-loc feature cuts heating and cooling cost by preventing the infiltration and exfiltration of air. Measures 7-5/8 inches in diameter. For use with recessed housing 23015, 23017, 23021 or compact fluorescent housings 71633, 71621 or 71627. Approved for wet location use as defined by the National Electric Code. Please consult your local electrical code for details. This product is a component of a system. Further components will be needed for a complete installation. If you know which components you need, use the "Search" box above; otherwise, For further assistance, please contact us. ACTUAL FINISH NOT AS SHOWN Product Details Product Number: Model Number: Bulbs Required : Voltage Input: EnergyStar Compliant: Material: 22999 9900 -WH 1 of 60 -watt A19 incandescent bulb 120 v. No Glass Aluminum Manufacturer: Collection: Voltage Type: Width: Shade Color: Shipping: Juno 6 -Inch Trims Line Voltage 7-5/8 in. White Tones UPS Regular H Lt t, - =wf- we.r ,�yrr.wrr�"�""'d�'►� �'�"� "T 1"'�'w'o s96 •r�+1r� �r.r fr.��.�.�• �.rr.w���"�rr"'y�.�es�*'"1iT*���'�/� Ftp —P-r— INTO wln��,��� �� fi"""n► T �i ` S twAr`#wT"• T"'r�""1's°`q�'p°I�'T"'+u�/11..�'',�lrs�•.rm�y�.�""rti"„" ' ' ` 4. .� � .. a - .,r . .i � . . + ARCHITECTS ON July 13, 2012 REVISED JULY 16, 2012 Avon Development Code Design and Zoning Analysis Chambertin Townhomes Avon, Colorado Exhibit D 90 SUITE 207 PO BOX 5300 AVON, CO 81620 970/949-5200 FAX 949-5205 W W W.VMDA.COM This Analysis is being revised in accordance with the Survey received late Friday and causes some adjustments to our previous findings. We stand ready to discuss with Staff and the P&ZC in order to either achieve compliance or make appropriate adjustments as may be practical. Thank you. FYI: The bold red designates either revised or non -conforming data. Chapter 7.04 -General Provisions: 7.04.120(d) Repair or Reconstruction of Non -Conforming Structures: Paragraph (2) provides for the reconstruction of a damaged, non -conforming building that does not result in a greater degree of non -conformity that existed immediately prior to the damage that occurred. Paragraph (3) of this sub -section provides for the reconstruction of a damaged non- conforming building to be compatible and consistent with the existing development character in the immediate vicinity. Existing Non -Conforming Hardships per Chapter 7.28.060 Residential Purpose Statements: • 7.20.060(b) Residential Low Density RLD -. Maximum Density Allowed: 7.5 units per acre Existing Density:. x 7.5 = 4 units Minimum Lot Size: 15,335 SF Existing Lot Size: 23,418 9F 73,958 SF (.55 AC) Minimum Lot Width: 40 feet Existing Lot Width (min): 129 91feet156.00 feet (min width) Maximum Lot Coverage: 50% Existing Lot Coverage: 29% Minimum Landscape: 25% Existing Landscape: estimeted} 1% Minimum Front Setback: 25 feet Existing Front Setback: jO.5 feet Minimum Side Setback: 7.5 feet Existing Side Setback East: 12.0 feet Existing Side Setback West: 4.0 feet Minimum Rear Setback: 10 feet Existing Rear Setback: 47.0 feet Maximum Building Height: 35 feet Existing Building Height: 38'6 7/8" We will revise the mansard geometry to bring the Building Height into conformance as it is practical. Maximum Units per Building: N/A Existing Non -Conforming Hardships per Chapter 7.28.090 Dee n Standards: • 7.28.090(c)(4)(1) Roofs: Although a pitched roof exists over the entries to the units, the existing (proposed) slope (20:12) is such that snow does not accumulate on the roof surface, therefore, snow retention systems are not be required. Conformance with rebuilding Chambertin structures is necessary. 7.28.090(d)(3)(DOI) Roofs: The existing damaged buildings, as well as the two remaining buildings, have a perimeter roof slope of 20:12 (12:12 maximum) at a single elevation (no appreciable roofline modulation) with a flat roof interior of the perimeter. To comply with these sections would require a complete re -design of the re -constructed building that would not be compatible with the existing development character in the immediate vicinity, providing an unfair economic hardship to the owners of the proposed building as well as a potential unfair economic advantage by providing a structure of greater value within the adjacent neighborhood. • 7.28.00(d)(6) Duplex, Townhome and Multi -Family Design: The existing design of the remaining two townhouse buildings, although of a unified design, is also of a mirror image. Compliance with this section would require a re -designed building incompatible with the immediate adjacent development. We respectfully request continued neighborhood compatibility. 7.28.090(8) Townhouse Design Standards: L (i, ii, iii) Site Layout: The re -constructed building is being proposed to be built upon the existing foundation remaining in place. Although the townhouses face the public street, existing site constraints (steep slope with retaining walls) prevent any accessibility to the entries from the street side of the development. Access will remain as was in place via a private driveway off the street allowing for entry to the units from that side. (4) Building Design: To achieve compatibility with the immediate adjacent development, it will be required to match the existing design elements with regard to roofline modulation and the use of the existing foundation prevents any modulation of the building footprint, but the design does provide individual visual interest. END Avon Development Code Design and Zoning Analysis. TRAVELERS P.O. Box 96 Brighton, CO. 80601 August 1, 2012 Ronald Harsch Matrix Business Consulting 340 E. 1St Ave., Suite 300 Broomfield, CO 80020 Re: Named Insured Claim No. U/W Company Policy No. Date of Loss Dear Mr. Harsch, Robert A. Lewis General Adjuster Property Major Case Unit Claim Services 303.637.7894 voice 866-314-8878 a -fax RALewis@travelers.com VIA E-MAIL rharsch�(i-matrixbusinessconsultin�,.com : The Chambertin Townhouse HOA : ESS8815 : The Phoenix Insurance Company : IN680-156811616 : 05/27/2012 EXHIBIT E This letter is in response to your e-mail to the Phoenix Insurance Company ("Travelers") dated July 31, 2012 wherein the Avon Planning and Zoning Commission has asked for a letter specifically from Travelers regarding the cause of the fire. At this time Travelers is only able to indicate that the cause of the fire is "undetermined", and there was no evidence found indicating the use of accelerants. If you have any questions, or wish to discuss any issues that may relate to this claim, please feel free to contact me at (303) 637-7894. Sincerely, The Phoenix Insurance Company Robert A. 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The Application requests a modification to the allowed uses to include up to twenty-four (24) residential dwelling units. Application Process (§7.16.020, AMC) Public Notification In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300' of the property. In addition, a notice was published in the Vail Daily newspaper on Friday, July 27, 2012. Public Hearings The PZC shall review the PUD application and provide a recommendation to the Town Council after conducting a public hearing. The Avon Municipal Code allows thirty-five (35) days for PZC to act on the application from the first meeting date on August 7, 2012. The Town Council will then review and render a final decision on the Application after conducting a public hearing. If approved, the Applicant can apply for a Final PUD which will involve a similar process. Background The Brookside Park PUD was approved via Ordinance 96-8. The Brookside Park PUD allowed the development of forty-six (46) dwelling units and 30,000 square feet (sq. ft.) of commercial space. The PUD development plan and accompanying plat subdivided the parcel into three (3) lots. Lot 1 consists of the Brookside Center office building, which contained the entirety of the allowed commercial square footage, as well as the pool and hot tub amenities for the entire PUD. Lot 2 comprised of the Lodge at Brookside Park, which was to be developed with thirty- two (32) multi -family dwelling units. Lot 3 included the Townhomes at Brookside Park and was developed with fourteen (14) townhome dwelling units. A regional trail and associated easement along the Eagle River was provided as a public benefit with this approval. The Brookside Park PUD was first amended via Ordinance 97-3. The amendment increased the total allowed dwelling units from forty-six (46) to fifty-four (54). The additional units were added to Lot 2, which increased the allowable density from thirty-two (32) condominium units to forty (40) condominium units. The amendment also included increasing the height for Lot 2 from sixty (60) feet to sixty-three (63) feet. The amendment included a public benefit of a four (4) foot wide sidewalk along the southern property line from the site entrance to the eastern property line and three (3) deed -restricted housing units. August 7, 2012 Planning and Zoning Commission Meeting Brookside Park PUD Amendment — PUBLIC HEARING The Brookside Park PUD was amended a second time via Ordinance 97-13. This amendment included "restaurants" as an allowed use for Lot 1. The Brookside Park PUD was amended a third time via Ordinance 10-04. The amendment only pertained to Lots 2 and 3 and modified the PUD to include "short term rentals" as a use by right. The attached PUD Guide (Exhibit C) includes the original PUD as well as the two (2) 1997 amendments (Ordinances 97-3 and 97-13). Proposed PUD Amendment The application proposes to amend the PUD to allow future flexibility to convert a portion or all of the Brookside Center office building to residential dwelling units. The application proposes a maximum of twenty-four (24) dwelling units in a loft style consisting of two (2) and three (3) bedroom configurations. The amended PUD Guide is proposed as Exhibit D and includes the above mentioned modifications as well as other minor amendments. Within the first few paragraphs of the proposed PUD, the applicant has modified language to: (1) correct the legal description; (2) update the total allowed dwelling units to include the requested 24 additional units; and, (3) include residential in the intention of the PUD. The first substantive amendment is the inclusion of Short Term Rentals as an allowable use by right. This inclusion formalizes and expands upon Ordinance 10-04. As stated above, Ordinance 10-04 only applied to Lot 2 and 3, but with the inclusion of residential uses on Lot 1, the Applicant is requesting this use be applied uniformly on each parcel within the PUD. The next amendment is the inclusion of Section I. This section provides a maximum density allocation per lot for the Brookside PUD. As exhibited in this section, Lot 1 is allocated twenty- four (24) dwelling units, Lot 2 is allocated forty (40) dwelling units, and Lot 3 is allocated fourteen (14) dwelling units. The final amendment is the addition of Section J. This section provides parameters for how the existing Brookside Center building may convert to partial residential or completely residential. As stated in the proposed PUD guide, Brookside Center would be limited to the following options if this application is approved: 1. Up to 30,00 sq. ft. of useable commercial space; 2. A residential building of up to 24 dwelling units; or, 3. Commercial on the first floor and residential on the second floor. Planning Analysis Staff supports the above mentioned amendments as they provide greater clarity to the allowed uses throughout the PUD as well as provide strict density allocations to each Lot. The inclusion of Section J also assists in clarifying how Lot 1 would transition to include residential uses. Staff does have concerns that the language would not prohibit the allowance for twenty-four (24) dwelling units on the second floor. Staff would recommend that the language be modified to limit the number of dwelling units on the second floor if only that portion of the building is converted to residential uses. The proposed modifications will ultimately result in a reduction in required parking due to the less restrictive requirements of residential parking. Commercial uses are parked at a rate of August 7, 2012 Planning and Zoning Commission Meeting Brookside Park PUD Amendment — PUBLIC HEARING 2 1 P a g e four (4) spaces for every 1,000 feet of gross floor area (GFA), while office uses are parked at a rate of three (3) spaces for every 1,000 feet of GFA. Multi -family residential units are required to have two (2) spaces for each unit. In addition, twenty-four (24) dwelling unit complexes require six (6) guest parking spaces resulting in a need of fifty-four (54) total required spaces. The existing development provides eighty-seven (87) surface spaces and thirty-five (35) garage spaces for a total of one -hundred and twenty-two (122) spaces. The applicant is indicating that when a conversion occurs some of the existing surface spaces will be removed and replaced with a pocket park. The proposed modification will result in a need for additional water rights. Currently, the Brookside Center building is allocated 10.3 single family equivalents (SFE). If the entire building converts to twenty-four (24) dwelling units as proposed, the building will need twenty-four (24) SFEs. If the project contains both commercial and residential uses, the SFE requirement will be more complicated to calculate, but will likely result in a need for additional SFEs. The applicant will be required to provide proof of sufficient water rights, through either dedication or payment - in -lieu from the Upper Eagle Regional Water Authority prior to any issuance of a building permit for conversion to residential uses. Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall consider a number of review criteria when evaluating this application. The following criteria must be considered when forming the basis of a recommendation or decision on a PUD plan: (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, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; regulating and determining the area of open spaces; establishing building lines; avoiding increased demands on public services and facilities; providing for phased development of government services; minimizing adverse environmental impacts of development; provide for compatibility with the surrounding area; preservation of natural features; minimize adverse environmental impacts; and promoting sufficient, economical and high quality provision of all public services and public facilities. PUD zoning by nature of its composition inherently affords opportunities to provide creative site design and planning. The proposed amendment provides flexibility going forward as it allows for both residential and commercial uses, but provides a set amount of commercial square footage and maximum number of residential units. This amendment to this zone district brings the standards more in line with mixed-use districts that allow both commercial and residential uses. The PZC must determine whether the Application confers a substantial benefit to the Town and/or incorporates creative site design to achieve the some of the purposes of the Development code cited above. August 7, 2012 Planning and Zoning Commission Meeting Brookside Park PUD Amendment — PUBLIC HEARING 3 1 P a g e (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application does not negatively affect the public health, safety and welfare. The inclusion of residential uses modifies the Brookside Center building to become more compatible with the immediately adjacent multi -family residential uses. (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 appears to meet all of the eligibility criteria as outlined in §7.16.060(b). The applicant is not proposing any specific public benefit related to this requested amendment, but instead stating that the previously provided benefits are sufficient. §7.16.060(b)(5), Public Benefit, states: "A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely." As was discussed previously in this report, the original PUD and the first amendment provided the public benefits that exist today: three (3) deed restricted units, a regional trail and associated easements, and a sidewalk along the southern property line. Staff has determined that the Brookside Park PUD has already been established and the above mentioned public benefits meet the intentions of the code requirement. The regional trail is not only a benefit to the residents of the Brookside Park PUD, but also the residents of Avon and Eagle County who use the regional trail system regularly. The conversion of surface parking to landscaping and pocket parks could be perceived as a public benefit. The Avon Comprehensive Plan includes this property within District 20: River Residential District. It is a low priority district and some of the planning principals include: • Encourage redevelopment to take into consideration the objectives of the Eagle River Watershed Management Plan including river setbacks and best practices for development in proximity of the river; • Encourage the further connection and enhancement of the ECO Trail, • Plant indigenous trees and shrubs to screen existing large residential buildings along US Highway 6 and provide landforms and landscaping between residences and US Highway 6,- • ,• Enhance the pedestrian experience by adding sidewalks along all roads on the valley floor. The current development and PUD takes into consideration these planning principals. The previous PUD establishment and amendments provided a development plan that included a regional trail along the Eagle River, a sidewalk along the southern property line, and a development configuration that responded to the river and adjacent properties. The Future Land Use map included in the Comprehensive Plan identifies Lot 1 as "Neighborhood Commercial". The intent of this district is to allow for a mix of residential, small-scale neighborhood serving commercial and civic uses. It specifically states that townhouse and multi -family units are allowed within this district. The dimensional standards August 7, 2012 Planning and Zoning Commission Meeting Brookside Park PUD Amendment — PUBLIC HEARING 4 1 P a g e do not specify a maximum density or units per building, but the subsection discussing water rights dedication identifies seven and one-half (7.5) dwelling units (DU) per acre. The PUD amendment proposes eleven and four -tenths (11.4) DU/acre. Following is a list of Goals and Policies from the Comprehensive Plan to consider when reviewing in light of this amendment request: Goal C1. Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guests accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year-round residential community and as a commercial, tourism and economic center. Staff Response: The proposed PUD amendment will increase the opportunities for housing options by allowing an additional twenty-four (24) multi -family dwelling units as well as guest accommodations through the inclusion of Short Term Rentals as an allowed use. Policy C.2.1. Promote a wide range of residential uses including single family, duplex, multifamily, and vertically integrated residential units (housing on the upper floors of missed -use buildings) throughout the town. Staff Response: The Application would afford a level of flexibility for the property not currently allowed. The allowance for conversion of the second story to residential uses, while maintaining the commercial uses on the first floor, will create the vertically integrated residential units discussed in the this policy. Policy D.2.3. Improve the streetscape along US Highway 6 to strengthen Avon's overall community image and to stimulate future development and redevelopment by providing a more attractive and cohesive street edge. Staff Response: The current development on the property maximizes the developable area with building and surface parking. As stated previously in this report, the conversion from commercial uses to residential uses will result in a reduction in required parking thus allowing the property owner to reduce the amount of surface parking and return some of the area to a landscaped state. Although a specific plan is not being proposed, the option exists to remove parking along US Highway 6 and replace this with landscaping, thus improving the streetscape of this gateway property. Policy E.1.2. Permit home occupations and live/work opportunities where there is minimal negative impact to the neighborhood to reduce traffic%ommuting impacts in the community and provide affordable options for local entrepreneurs. Staff Response: Although the PUD amendment doesn't commit to a specific live/work design, the allowance for the second story residential units with the ground level commercial office provides an opportunity for live/work scenarios. August 7, 2012 Planning and Zoning Commission Meeting Brookside Park PUD Amendment — PUBLIC HEARING 5 1 P a g e (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: As proposed, the PUD amendment has no effect on most services. As mentioned previously in this report, Staff believes additional water rights will be required to adequately serve the Property when a conversion to residential units begin. (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: The property was rezoned in 1996 from Residential High Density Commercial (RHDC) to PUD. Ordinance 96-8 clearly states that the RHDC zoning and any of its associated development rights were lost with this rezoning, therefore no underlying zoning exists. When compared to the existing PUD, the proposed PUD amendment will not result in any adverse impacts upon the natural environment as setbacks from the Eagle River have been established. In addition the reduction of asphalt and increase of landscaped area should reduce the demand on the storm water management that exists on the property. (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: The approval of the PUD amendment would reduce any adverse impacts that commercial office has on adjacent residential properties. In addition the increase in residential uses are consistent with adjacent properties including: Lodge at Brookside Park, Townhomes at Brookside Park, and Sunridge Condominiums. (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: As proposed, the Application will either increase the compatibility with uses or potential future uses on other properties in the vicinity or will result in no change to uses as currently exist. Staff Recommendation Staff recommends the PZC recommend approval of the PUD Amendment through a record of decision, as attached. 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EXHIBIT B BROOKS l DE PAR K A NavdrroLowrg E C O p L E> y Project 2012 PUD AMENDMENT APPLICATION Prepared For: Riverview Park Associates, Inc. 37347 US Highway 6 Avon, Colorado Prepared by: Pylman & Associates, Inc. 137 Main Street C107W Edwards CO 970-926-6065 Sherman & Howard L.L.C. 37347 US Highway 6 Brookside Park Suite 210 Avon, Colorado TABLE OF CONTENTS 1.0 Introduction 1 2.0 Summary of PUD Changes 2 3.0 Avon Comprehensive Plan 4 4.0 PUD Intent & Eligibility 4 5.0 PUD Review Standards 4 6.0 Subdivision Review Criteria 6 7.0 Summary 7 Appendices Existing approved PUD Guide Proposed Revised PUD Guide Existing Approved Site Development Plan Conceptual Proposed Site Plan Existing approved Final Plat Conceptual Residential Unit Layout Introduction/Description of Request Brookside Park is a mixed use office and residential campus located at 37347 US Highway 6 in Avon, Colorado. The Town of Avon approved Brookside Park as a PUD in 1996 via Ordinance # 96-8. The approved Site Development Plan consists of three separate development parcels. The Townhomes at Brookside Park ("Lot 3") consists of 14 townhome units with individual garage bays and additional surface parking. The Lodge at Brookside Park ("Lot 2") includes 40 condominium units with underground and surface parking. Brookside Center ("Lot 1") is a 30,000 square foot two story professional office and retail building with underground and surface parking. All three buildings share a common access point off of US Highway 6. The access point is located on the Brookside Center parcel. An easement allows access across this parcel to the Lodge and Townhomes parcels. The purpose of this PUD Amendment is to propose a concept that would allow future flexibility to convert the Brookside Center office building to a residential loft use of up to twenty-four dwelling units. No change is proposed to either the Lodge or Townhomes parcels. Riverview Park Associates, Inc. ("RPA") was the original developer of the Brookside Park project and has maintained ownership of the Brookside Center office building since its construction fifteen years ago in 1997. At that time, there was a lack of new Class "A" office space in Avon and the Brookside parcel offered an opportunity for new construction of a modern office building. Originally envisioned as an office and retail complex, the retail uses never materialized while the office space has been successful. Since 1997, a significant amount of new office space has been built in the core areas of Avon and Edwards and the competition for Class "A" office space has resulted in varying levels of demand for office space in the Brookside Center building. This proposal would amend the existing Brookside Park PUD to create the opportunity, if desired, to convert the existing 30,000 square foot office building into a loft style residential building of up to 24 dwelling units. The proposed amendment only considers the following use mix possibilities; a) all allowed current uses of retail and office, b) all residential or c) current allowed uses of retail and office on the first floor and residential on the second floor. A Town of Avon PUD Amendment and a Major Subdivision process is required to obtain approval for this proposed change to the PUD. In accordance with the Avon Development Code, these applications may be reviewed concurrently under one application that addresses the information requirements of each individual application. This application and the information contained herein have been designed to address the requirements of both the Preliminary PUD and Subdivision applications. The only Brookside PUD 2012 1 subdivision action that would be associated with this PUD proposal is a condominium map, if and when the residential conversion is completed. No external lot lines or internal parcel lines would be altered. A very conceptual residential floor plan has been included in this application for purposes of understanding how the residential conversion may be achieved. There is very little to no change to the Brookside Center property associated with this amendment. The current commercial parking provision of 4 spaces per 1000 square feet of commercial will result in an excess of parking under a residential conversion. The residential parking demand is 2 spaces per unit, so a conversion of 2000 square feet of office to one residential unit leaves an excess of 6 parking spaces. An area existing parking in front of the Brookside Center and Lodge buildings could be converted to a landscape yard area and plaza. A conceptual plan indicating this landscape opportunity has also been included with this application. Minor architectural revisions to the building would occur with the residential conversion. The architectural and landscape revisions would be properly addressed through the Town of Avon design review process. Summary of PUD Guide Changes The approved Brookside Park PUD Site Development Plan details the approved and allowed site development standards for Brookside Park. The following section describes these site development standards and compares them to the proposed amendment. Intention The listed intention of the Brookside Park PUD is to ""provide for an architecturally integrated mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls." The proposed concept remains in compliance with this overall intent. To amend the PUD to allow for the potential conversion of the Brookside Center office space to residential, the above written intention would be amended as follows: The intention of the Brookside PUD is to provide for an architecturally integrated residential or mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. Allowable Uses -Residential The approved plan lists townhomes, condominiums and apartments as allowable uses and does not categorize these uses by separate parcel. This may be interpreted to clearly state that residential uses are already allowed on the Brookside Center parcel and does not require any amendment. Brookside PUD 2012 Allowable Uses — Commercial The approved Site Development Plan lists professional offices, restaurant and retail furniture, home furnishing, architectural products, appliances, antiques and art stores as allowed uses in Building A — Brookside Center. The approved site plan shall be amended to state that Brookside Center shall allow the above listed uses and/or up to 24 dwelling units. Development Standards The maximum residential density of the current approved plan Brookside Park PUD is 54 units. As currently constructed the density is allocated as 14 townhouse units to The Townhomes at Brookside Park and 40 units to The Lodge at Brookside Park. An additional 24 dwelling units must be added to the overall density and allocated to the Brookside Center parcel. This will result in a new total density of 78 dwelling units. The maximum building height of 60 feet does not require any amendment. The conversion of office space to residential will be able to take place well within this existing height limit. Existing building setbacks as written in the PUD Site Development Plan are 25 feet to the front (street), 7.5 feet to the side property line, 10 feet to the rear and thirty feet to the Eagle River. Property lines are defined as the exterior boundary of the approved Site Development Plan and not to interior parcel boundaries. There is no issue with the existing setback requirements with this revised PUD. There is room to expand/add building balconies around most of the Brookside Center building. Maximum site coverage for the PUD is currently listed at 50%. This requirement may remain unchanged within the revised PUD Guide. The minimum landscape area requirement is 20% of the overall site area. This requirement may also remain unchanged within the revised PUD Guide. Parking The current parking requirements for the Town of Avon as they apply to Brookside are as follows: Commercial — General commercial 4 per 1000 sq. ft. Restaurant — 1 per 60 sq. ft. of seating area Office is 3 per 1000 sq. ft. Residential 2 per unit plus guest, Guest -2 for 3-5 units 3 for 5-10 units 4 for 11-15 units 5 for 16-20 units 6 for 21-25 units 7 for 25 units +1 for every additional 5 units. Brookside PUD 2012 The existing Brookside Center office building is in full compliance with the current parking requirements. There are both surface and underground parking spaces associated with the building. The conversion of the Brookside Park building from commercial to residential will create a parking surplus that will allow for some asphalt parking and circulation areas to be removed and replaced with a substantial landscape plaza or "pocket park" in the front of the Brookside Center and Brookside Lodge buildings. Avon Comprehensive Plan The Avon Comprehensive Plan Future Land Use Map indicates the Brookside Park area as residential for the Townhomes and Lodge building and neighborhood commercial for the Brookside Center parcel. The "Future Land Use Map" reflects the current uses. The Avon Comprehensive Plan details localized sub -districts within the community. Brookside Park is located within District 20: River Residential District. The proposed amendments to Brookside Park are in harmony with all of the identified planning principles for Planning District 20. PUD Intent & Eligibility The Avon Development Code includes sections on PUD intent and eligibility. The Brookside Property was designated as a Planned Unit Development in 1997, well before the current Development Code was adopted. However, the existing Brookside property and the proposed amendment is in full compliance with Section 7.16.060,(a), 1 through 9, which describes the intent of a PUD. The existing Brookside Park and the proposed amendment are also in full compliance with Avon Development Code Section 7.16.060 (b), Eligibility Criteria. PUD Review Standards The Avon Development Code Section 7.16.060(e) 4 details criteria that shall be considered by the PZC and Town Board as a basis for their recommendation or decision for a new PUD. The following criteria must be met by any new PUD or for any amendment to an existing PUD. Due to the nature of the proposed amendments several of these elements are not applicable to this particular proposal. (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 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 provisions and access; environmental protection: tree/vegetation preservation; efficient provision of street, roads and other utilities and Brookside PUD 2012 4 services; or increased choice of living and housing environments. The Brookside Park PUD was initially established in 1996 as a mixed use residential and office complex. At that time, there was no existing applicable zone district that would allow for both the residential uses and office/retail uses in a manner envisioned for the property. The creative site design and the setting along the Eagle River made the application of PUD zoning appropriate for Brookside. This proposed amendment is in harmony with the original concept and the PUD amendment process remains the appropriate method for reviewing this application. (2) The PUD rezoning will promote the public health, safety and general welfare; The existing PUD zoning has been in place for fifteen years and has been appropriate for the neighborhood and for the property. This proposed amendment is in harmony with the ideals of promoting public health, safety and general welfare. (3) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16060(b); The amendment to the PUD is in complete conformance with the Avon Comprehensive Plan. Section 7.04.030 (a) through (p) of the Avon Development Code details the purpose of the code. This proposed amendment is consistent with each one of the purpose statements. Section 7.16.060(b) lists seven eligibility criteria that must be met for establishment of a PUD District. Although this district is already established, the proposed amendment is consistent with and meets all of the eligibility criteria. (4) 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; All services to serve the existing development are in place and available. (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; The only proposed change to the current approved uses is to allow the conversion of the 30,000 square foot Brookside Center building from commercial to residential uses in accordance with this application. This conversion should not create any significant adverse impact upon the natural environment. Brookside PUD 2012 (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; The potential conversion of Brookside Center from commercial to residential should not create any adverse impacts to adjacent properties. Brookside is bordered by Highway 6 to the south and the Eagle River to the north. West of the property is the edge of the Arrowhead Golf Course. A portion of the Sunridge Condominiums borders Brookside on the east side. The only site changes that would be a direct result of the conversion would be a reduction in parking areas and an increase in landscape area. Traffic in and out of the site would likely decrease. (7) 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. The proposed amendment will not change the scale of development on the Brookside site and should be consistent with this review criteria. The existing Brookside PUD and the adjacent Sunridge Condominiums have been compatible neighbors for the past fifteen years. Subdivision Review Criteria Section 7.16.070 of the Town of Avon Development Code details seventeen criteria by which a Preliminary Plan subdivision application shall be reviewed. As the only subdivision action required by this proposed amendment would be a condominium map of the residential units several of the criterion are not directly applicable. For those criteria that are applicable this application is in full compliance with the requirements and intent of the subdivision code. No actual site changes would be necessary to complete the conversion, however, a decrease of parking area and an increase in landscape area could be accomplished and would be a benefit to the properties. Beaudin Ganze Consulting Engineers has completed a preliminary level examination of the existing building and it has concluded that existing water service, fire service, sewer service and roof drain lines are all adequately si9zed to allow for a conversion to residential use. No significant changes will be required for gas, electric or communication services to the building. There may be some additional water and sewer fees required for converting commercial uses to residential based on increased in house water demand. However, the majority of water demand is from landscape irrigation, which would not change significantly. When architectural plans are advanced enough to produce a fixture count and square footages, and landscape plans are finalized then the project should be analyzed through the Eagle River Water and Sanitation District water demand worksheets to determine of additional fees to the Town of Avon or Brookside PUD 2012 6 Eagle River Water and Sanitation District will be required. The change of use form office to residential should result in an overall and peak hour decrease in trip generation. No revision to the existing CDOT Access Permit is anticipated. No impact to the existing drainage improvements are anticipated. Summary The proposed PUD Amendment to allow for the potential conversion of the Brookside Center building from commercial to residential is in compliance with the both the intent and regulations of the Town of Avon Development Code and the Town of Avon Comprehensive Plan. Brookside PUD 2012 7 Brookside Park PUD Guide as Exhibit A to Ordinance 96-8 (existing approved version) The following Planned Unit Development Guide will serve as the governing regulations which will control development on Lot 1, Eaglewood Subdivision, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total 54 dwelling units and 30,000 useable square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development within the PUD is administered by the Town of Avon through the provisions of this PUD Guide. Building construction within the PUD is governed by the applicable Town of Avon ordinances, rules and regulations. Intention The intention of the Brookside Park PUD is to provide for an architecturally integrated mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. B. Definitions All terms used in this PUD Guide shall be as defined in Chapter 7, Development Code of the Town of Avon Municipal Code unless otherwise defined in this section of the PUD Guide. C. Allowable Uses by Right — Residential 1. Multiple Family dwelling units including townhomes, condominiums and apartments. D. Allowable Uses by Right — Commercial Building A contains 30,000 useable square feet that is designated as commercial space. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. Allowable Uses By Right — General 1. Recreation Amenities including swimming pools and hot tubs F. Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office G. Accessory Uses 1. Interior and Exterior uses customarily accessory to residential and Commercial uses shall be allowed. H. Development Standards Maximum Density: 54 dwelling units Maximum Useable Commercial Area: 30,000 Square Feet Building Height: 60 feet Minimum Building Setbacks: Front: 25 Feet Side: 7.5 Feet Rear: 10 Feet Eagle River: 30 Feet as defined in Section 17.50.110 of the Town of Avon Municipal Code. Building setbacks shall apply to the PUD perimeter property line only. Internal lines created for phasing delineation of for individual unit ownership shall not apply. Maximum Site Coverage: 50% Minimum Landscape Area: 20% Parking: Residential: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area Brookside Park PUD Guide as proposed for revision June 2012 (revisions indicated in a strikethrough/underline format) The following Planned Unit Development Guide will serve as the governing regulations which will control development on Lot 1, Eaglewood Subdii i , Brookside Park, A Resubdivision of Lot 1, Eaglewood Subdivision, Town of Avon, Eagle County, Colorado, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total -5478 dwelling units and 30,000 useable square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development within the PUD is administered by the Town of Avon through the provisions of this PUD Guide. Building construction within the PUD is governed by the applicable Town of Avon ordinances, rules and regulations. Intention The intention of the Brookside Park PUD is to provide for an architecturally integrated residential or mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. B. Definitions All terms used in this PUD Guide shall be as defined in Chapter 7, Development Code of the Town of Avon Municipal Code unless otherwise defined in this section of the PUD Guide. C. Allowable Uses by Right — Residential 1. Multiple Family dwelling units including townhomes, condominiums and apartments. 2. Short term rentals D. Allowable Uses by Right — Commercial Building A contains 30,000 useable square feet that is designated as commercial space. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. Allowable Uses By Right — General 1. Recreation Amenities including swimming pools and hot tubs F. Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office G. Accessory Uses 1. Interior and Exterior uses customarily accessory to residential and Commercial uses shall be allowed. H. Development Standards Maximum Density: 54 dwelling units Maximum Useable Commercial Area: 30,000 Square Feet Building Height: 60 feet Minimum Building Setbacks: Front: 25 Feet Side: 7.5 Feet Rear: 10 Feet Eagle River: 30 Feet as defined in Section 17.50.110 of the Town of Avon Municipal Code. Building setbacks shall apply to the PUD perimeter property line only. Internal lines created for phasing delineation of for individual unit ownership shall not apply. Maximum Site Coverage: 50% Minimum Landscape Area: 20% Parking: Residential: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area I. 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THF TOV-AHOMES .1T BROOKSMF P jibt -61 Eagle Rimer TIN...44 I j VAWGUI Us fuglimtV S BROOKSIDE PARK CONCEPT SITE PLAN FEBRUARY 17, 2012 THE LODGE AT BROOKSIDE PARK UAR9Y ARCHITECTS BROOKSIDE PARK AIVmurroimny ECO OFLESG PM]kl AMENDED FINAL PLAT BFROOKSIDE PARK A RESUBDIVISION OF LOT 1, EAGLEWOOD SUBDIVISION TOWN OF AVON, EAGLE COUNTY, COLORADO TOWN CERTIFICATE %is plot, including v,mt,.n of any lot ling, eI ments and right, of way, previously dedicated ant not deeillted hereon i DDrwedeby the Town Council of the Town of on, County of Eagle, Colorado this _ t day If, 191, , A.D., for filing with the Clerk Intl Recorder of the County of Eagle Ind for ronveynnce to the town of the public dedications shown hereon, the ._to supersede the pnor Nat subject to the provision Uot approval in no way obligates the Town of Avon for financing or consbodion of improvements on rands, streets. or easements aedicoted except a, specifi-y agreed to by the Town Council and further that said app, -1 shop in way obligate the Town of Avon for maintenance of streets until construction of improvements thereon shall have been ompW,d to the satisfaction of Inc Town Council. Approval of this plot by Ne Town is thsent only Ind is not to be con"a Ipp,..l of the technical correctness of is plat Ir any documentotion relating III,- WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: •/�y,,� By QQwiSal_\_-_- ack Fawce M CD AttestPat y lambet, Town Clerk TITLE CERTIFICATE Land TV, Guarantee Company does hereby certify Not it has exominM the title to all lands shown upon this Plot and that title to such land is vested in: Riverview Park Associates, Inc., free and clear of all liens, encumbrances and asse-nts except as follows: OItM lhisJ_L_doy A.D., 1A.D, 1919977 as J CERTIFICATE OF TAPES PAID I, the undersigned, do hereby certify that the entire M of taxes and as meats due and payable Is of faY` ___ .,on all parcels .1 " I estate Gescnbsd on this Plot are prod n lull. Doth this -aAL day of 1rbwo,Lµ A.D., 1997. Treasurer of E ,Count J I O SURKYORS CERTIFICATE 1, Kendrick E Neubecker, do hereby certify that ora a RegisterM lane Surveyor licensed under to Incas of the Stale of Colorado, that this plot is tine, ort t and chalets pplot of Brookside Park, a mid J. platted, dedicotedc ona shown Hereon, that such plot was matle brim on ceurote survey of said property by me and antler my supervision and anClly shows the location and dimensions of Ue lots, en meats tl sheets of said subdivision Is the same ore stoked upon the ground in amplionce with applicable ;7ubtsns governing the subdivision cIf land. Al' m ments ore set as required by the Sub -, Regulations of feu Town of Avon. I also hereby certify that this plot contains all the information required by Section 38-33.3-209. C. R. S. IN WITNESS whereof I hove set on, bond Ind sent is Z7°' day of AD. 1997. 9g AFdI,SA Kendrick E. Nuebec. , LS 24325 K 24325 '• t.tr4. F�� �a�dW4t Ut19 Sa GENERAL NOTES CERTFICATKIN OF DEDICATION AND OWNERSHIP Know all men by these presents thud Riverview Park Associates, Inc., a Colorado corporation, being sole owner in fee simple of all that real properly described as follows: Lot 1, Englewood Subdivision as cartled in Book 497 d Page 919, Town of Avon, C-ty of Ea91e, Slate of Colorado, and containing 4.709 acs reor less, has by thea presents laid out, platted and subdivided Uesl into Lots o,. shown hereon and designates the sa, OF OKSIDE PARK'. Town of Avon, County of Eagle, State of Colorado and dedicatedfors public taethe streets shown herein mowding ave es, dines, boulewrds, loner, courts and alleys to he Town of Awn; and andicsto the utlhty and doings somsnts shown hereon only for the ry puose old to the paaies aescnbed in this Final Plot; ado do further state that this subdivision shall be subject to the Master Declaration for Brookside Park filed Ind recorded for this Subdivision in the Office of the clerk and Recorded of Eagle County, Colorado, in Book , Page Executed this a� doy of -"Ir A.D., 1997, OWNER: Riverview Park Associates, Inc., I Colorado mrpomiion .0. Box 18223 a CO 1 0 nk No--, Vice -President SFATE OF �p1�i0ASQ) COUNTY OF The f�ores oiny Certif"I e 01 [� lion d Pxnership was acknowledged before this of5_, A O-, 1997, by Frank Nawrro, Inn S. ''• : jR1tFN6rtElf• v: os Yce-President of Riverview P`ayrk�A1ssociates, Inc., a Colorado corporation. My Commissmn expires �11T '••re..�`•¢p'� WITNESS my bond antl official seal.` Notary P plc THE 100 -YEAR FLOODPLAIN IS OUTSIDE OF THE BROOKSIDE PARK PROPERTY BOUNDARY 1. The pu,- of this plot is to subdivide Lot 1, Eagmwood Subdivision into Lots as shown. 9. Rwv w Pork Ass int Inc., for itself, its --1 n to res e u o sements Ind to vacate the existing Irrigation Ditch Easement and and assigns, hereby (I) reserves o perpetual non eK-wn easement for the installation and to recreate ondreserve the Irngation Easement os shown on this final plot. mointena ce of drainage pipes and related aM,rt<narces th-gh Nose portions of the Lots shown on this final plot designated 'Drainage Easement os sM1own hereon together with 2. Otte of Survey: March 1996 perpetual nghts of ingress rid egress for instollolion, -i—n- Ind replarement of s M1 facilities ane lines (b) ,on. to third podia homing historic drainage nghts over the property 3. Basis of Beanng: The sosb dy line of Lot 1, Englewood S.Ndivision from the found I ~ndl non-exclusive cos enl for drainage purpsm in such amount whi h conform to historic meat It the northeast ro net f Lot 1, (found p5 resat and aluminum cap Is 5447) use thraugh tbose portions of the lots shown on this plot as 'Drainage Easemenr such ....ment tooth, southeast corner of Lar 1, (set rsbo, Ind cap Is 24325). being 50Uo3'43'W. being limited to dran,cge within improvements installed on the lots by Ne owners thereof. 4. No development will be permitted except in accord- with detailed drairmge plans providing for it, control of drainage and Imgatlon ditch flows across the site Is requlrM for protection of the ,it, development. 5. Eagle River Woter and SonNation District (formerly Upper Eagle Valley Sanitation District) must approve any building or structural footings oceurnng within IY of the sewer ea meat. Footings within Nis or re la be lowered to a point intersected by m curing four -so -L (4') south Ina siKainches (C) serve Ue invert of the sewer ..in ona then an a 2:1 slope up. This sna if a building was— It the -lint line (ten feet south of se main), the bottom of the footing. d mbe at an I -f- o Intl Doer hIK feel (1.Y) above the top of the twelve inch (12') sewer ..in. 6. This properly is subject to the terms, conditions and provisions of the Planned Unit Devel,pment for Brookside Park Is recordM in Book _ _Z _, It Page . 7. This pfoperly is s,bj cl to Ne terms, conditions and provisions of the Master Declaration for Brookside Park as recorded in Book , a Page . 8. Riverview Pork Associates, Inc., for itself its su ceaors and assigns, subject to onstruction of required improvements and acceptance by the Town of Avon, hereby dedicates to the Towno1 Awn a perpetual no--Iuciw eI meat for the installation and aintenance of water lines Ind rested appI-tonon,so Uough those potions of the Lots shown on Uis final plot designolod 'Waterline Easement os shown hereon together with perpetual rights of ingress and egress for installation, -int enonce and replacemenl of such facilities Ind hoes. 10. Riverview Park Associates, Ira for itseK, its succmars Ind assigns, hereby grants to the Owners, Tenants, Guests and other inAdo of Lots 2 ant 3, os shown hereon, a PefpauaI Tusive easement for ingress and egress th gh ona wet those portions of Lots 1 and 2 exns shown on this final PIIt daignoted 'As- Eaamenr. 11. Riverview Pork Is rotes, Inc., for itself, its successors and assigns, hereby dMicotes to the Town of Avon, for the purpose of a public pedestrian Ind bicycle poth, a perpetual non-exclusive easement for the installation and m int-oc, of toils and paths through those portions of the. Lots shown on this final plat designatM 'Trail Edw-nr , shown hereon together with ,c Idol rights of ingoss and egress for insm tallation, ointenonce and rement eplac of such facilities. 12. Riverview Pork Associates, Inc., being the suttesor to Ns Awn Ranch Company, has poviously reservM an Iniga ion Ditch Easement as sM1own on the cndN d plat of Englewood Subdivision (Book 49 T, Page 919)- By virtue of is final plot Riv m- Park Associate. Inc., hereby vacates Us pne iously --ol Ini'.U.n Ditch Easement and serves for itself, its successors and assigns. as perpaull eIsment Ind right-ol-way on, ave-. oc and though those portions of this final plot designated hexon Is'Irngolion Easanent which easement may be used to wnstrucp operate, maintain, o,dw, replace sod smwater og, a ter ditch, pipeline or other water delivery facilAies umnq the route of the kon Easeme ngoUnt, together with perpetual nghls of Ingres and egress thereto. It — - •�f��ll CLERK AND RECORDERS CERTIFICATE &.0 This Plat was filed� ��f99 record t office of the C�I£rk d Hoc 1 9 o clock e M, this _L% x- doy If Ind is duty r Rook -7�- ___. pods No13, GIG5ag rid and�`�er VACATED IRRIGATION DITCH LINE TABLE uNE Di9Ecn0N rnsrancE IDA3 IOA1 X705] 12 E 12.49 IDAS 595'3,14 )1.2t S545D01 E, 5382 — IDA, S]3141E 2 111 IDAS X8514111 33 E . IDA6 N-509 IDA) Nit'312 E 25.83 IDAS X35'1523 3551 IDAS N' 35. SB IDA1D X191-1106. IDA11 X59311] E 8121 N)Al2 N631831 NA13 X661139 IDA11 N86V913 11803 IDMS X6{1656 120.99 IOAib 4622114E 50.99 AMENDED FINAL PLAT BFROOKSI[:)E PARK A RESUBDIVISION OF LOT 1, EAGLEWOOD SUBDIVISION TOWN OF AVON, EAGLE COUNTY, COLORADO VACATED IRRIGATION DITCH EASEMENT DETAIL LINE TABLE WAIERLME EASEMENT LINE 01RE"DINOISTANOE WI X8425 20.00 W2 W3 X053402 N84'25 3.95 24.26 W4 NOS'3402 20. W5 X84'15 24.26 we N841533 31. W] 405442 17.14 W8 N84153YW 20.Off W9 .0 N05'44'2 N 41 17.14 37.11 LINE TABLE IRRIGATION EASEMENT CENTERLINE ""n�EPAabLz YHR) b N'eNi ANO I � k / mal ai L BOONTL9. vACE1�'2 p1 __ A7 � G rRAcr W L / HOLY CROSS ELECTRIC ASSOCIATION. INC. EASEMENTS:1� THIS PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS OF A HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT OF WAY EASEMENT, 20 FEET IN WIDTH, THE CENTERLINE OF SAID EASEMENT BEING AN UNDERGROUND POWERLINE AS CONSTRUCTED, Ff3� / �• 17 RECORDED IN BOOK 712, AT PAGE 294, EAGLE COUNTY RECORDS; AND TO A TRENCH, CONDUIT n..14 (n9 SIT x702J1..87'87' $ n �}. AND VAULT AGREEMENT AS RECORDED IN BOOK 712 AT PAGE 296tv 94.4r / Y / xwxarz � � / IZi \ «.A'rt`y LOT 1 Z L or z H . / 116.69, OT P6 / / aes I Q D TRACT W 2.097 0 N" '' �', m;. y A'i.' ° / e.w' ma9 �1i oA E>� EAGL.EWOOD SUBIDIVISION 513'33 - /' 9� / 9'• / / 1 SUBLD/VISION (BOON 491. \ \ --- --- LOT 2 l� \ 53112b2'E , _ ramwl 1.297 0— aovni0 I. g l� 31.04' 20' 1415 W / re'�.s. va rNl RU 4R _M014 7305 •Nms umivlE 5 t). a , ° q G 11. o LOT 3 LO , 2ltsYp 1.3,5 00.1 9 1-:Tvur1E0 gTTAxcE 9 m .37247 % a,.r 1�A 'OyY/ I ANrtmx F txvvwr I r ^4 EA6ENFNr �� 1 S�Q1TW Ne TT N054127E 8415'33'W 4z5r 14 y 2 i t9.0rr� YI A/,: I z ,uw"A FAgteN1 s a C OE) Ail — ' ___L 21 = 0997031 �r II _ R = 2615.00' a 64,9' 'er _-am �ryJ T = 222.39 3 _ I L – 443.66' AI aI CHD = S79Y4'31'E room b eEeAR waWA6E S8415'33'E ._._ax_ -s =16 3j IN 40.1.40' US, F HIGHWAY VWO) R.O.W. �ar LEGEND 734 PLATTED ADDRESS (U. S. HIGHWAY 6) GRAPHIC SCALE 9 SET PIN k CAP LS #24325 D FOUND PIN @ CAP t gib) n LAND USE SUMMARY LOT ACREAGE USE 1 2.097 ACRES COMMERCIAL 2 1.297 ACRES MULTI -FAMILY 3 1.315 ACRES MULTI -FAMILY TOTAL 4.709 ACRES BROOKSIDE RESIDENTIAL FIRST FLOOR PLAN CONCEPT AUGUST 15, 2011 DAR&Y ARCHITECTS BROOKSIDE PARK A NmaarmUun+ ECO J'LE X HVji a BROOKSIDE RESIDENTIAL SECOND FLOOR PLAN AUGUST 15, 2011 DAR&Y ARCHITECTS BROOKSIDE PARK A NmaarmUun+ ECO J'LE X HVji a MAIN LEVEL FLOOR AREA 1,759 SF BROOKSIDE RESIDENTIAL UNIT 203 FLOOR PLAN DAR&Y ARCHITECTS AUGUST 15, 2011 BROOKS IDE PARK A NmaarmUun+ ECO J'LE X HVji a DECK m MASTER BEDROO — —I M. CLO. M. BA MECH/LD C 1 TH "I i 0 KITCHEN FOYER DECK 11-1 LIVING ROOM 0 DEC MAIN LEVEL FLOOR AREA 1,479 SF BROOKSIDE RESIDENTIAL UNIT 206 FLOOR PLAN DAR&Y ARCHITECTS AUGUST 15, 2011 Q �r-,r�Le Q, nc� aA a Le A NmaaryvUun+ ECO J'LE X HVji a A,REA 1,847 SF BROOKSIDE RESIDENTIAL UNIT 207 FLOOR PLAN DAR&Y ARCHITECTS AUGUST 15, 2011 BROOKSIDE PARK A NmaarmUun+ ECO J'LE X HVji a EXHIBIT C Brookside Park PUD Guide as Exhibit A to Ordinance 96-8 (existing approved version) The following Planned Unit Development Guide will serve as the governing regulations which will control development on Lot 1, Eaglewood Subdivision, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total 54 dwelling units and 30,000 useable square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development within the PUD is administoe e Town of Avon through the provisions of this PUD Guide. Building c within the PUD is governed by the applicable Town of Avon ordin ad regulations. Intention The intention of the Brookside Park PUD 4ampus or an architecturally integrated mixed use residential and co with appropriate uses, development standards and regulato B. Definitions All terms used in this PUD de ha s defined in Chapter 7, Development Code of the Town of Avon ode unless otherwise defined in this section of the PUD Guice C. 1. ult' e FaNily dwelling units including townhomes, c miniums and apartments. D. All e ses by Right — Commercial Builg A contains 30,000 useable square feet that is designated as commercials ace. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. F. G. H. Allowable Uses By - General 1. Recreation Amenities including swimming pools and hot tubs Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office Accessory Uses 1. Interior and Exterior uses customarily accessory to residential and Commercial uses shall be allowed. Development Standards Maximum Density: 54 dwelling s Maximum Useable Commercial 00 Square Feet Building Height: 60 feet Minimum Building Setbacks: Front: 25 Feet Side: 7.5 FOiciDalCode. Zk1V\** Rear: 10 Fe Eagle River:s defined in Section 17.50.110 of the To etbac s shall apply to the PUD perimeter T only. Internal lines created for phasing ion of for individual unit ownership shall not apply. Coverage: 50% lscape Area: 20% .tial: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area Exhibit D Brookside Park PUD Guide as proposed for revision June 2012 (revisions indicated in a strikethrough/underline format) The following Planned Unit Development Guide will serve as the governing regulations which will control development on rot 1, g.,gleux,,„a Sub -di -vision, Brookside Park, A Resubdivision of Lot 1. Eaglewood Subdivision. Town of Avon. Eagle County. Colorado, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total X4-78 dwelling square feet of commercial space on 4.7 acres of land withii County, Colorado. Development within the PUD is adm* Avon through the provisions of this PUD Guide. Buil g c PUD is governed by the applicable Town of Avon Intention The intention of the Brookside P integrated residential or mixed use appropriate uses, development, B. Definitions All terms used in this Code of the Town of section of the C. d 30,000 useable of Avon, Eagle e Town of [on within the and regulations. e for an architecturally and commercial campus with egulatory controls. 1 be as defined in Chapter 7, Development Code unless otherwise defined in this PlulW#le Family dwelling units including townhomes, condominiums and apartments. D. Allowable Uses by — Commercial Building A contains 30,000 useable square feet that is designated as commercial space. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. Allowable Uses By Right General 1. Recreation Amenities including swimming pools and hot tubs F. Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office G. Accessory Uses 1. Interior and Exterior uses customarily a sso o residential and Commercial uses shall be allowed. H. Development Standards Maximum Density: 54 dw Maximum Useable Comme 30,000 Square Feet Building Height: t Minimum Building ack Front: 25 e Side: t Rear: et 30 Feet as defined in Section 17.50.110 of e To o Avon Municipal Code. Bu g setbacks shall apply to the PUD perimeter erty line only. Internal lines created for phasing delineation of for individual unit ownership shall not apply. Maximum Site Coverage: 50% inimum Landscape Area: 20% Parking: Residential: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area I. Density Allocation Lot 1, Brookside Center 24 dwelling units Lot 2 The Lodge at Brookside Park 40 dwelling units Lot 3 The Townhomes at Brookside Park 14 dwelling units J. Brookside Center The Brookside Center building may consist of up to 30,000 square feet of useable commercial space or as a residential building of up to 24 dwelling units, or may be commercial on the first floor and residential on the second floor. EXHIBIT E AVON PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATIONS CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION FOR BROOKSIDE PARK PUD The following findings of fact and recommendations are made in accordance with Avon Municipal Code Section 7.16.060(e)(3): 1. Application Submitted. A preliminary PUD Application (the "Application"), consisting of an Amended Planned Unit Development Guide for Brookside Park ("Amended PUD Guide"), was submitted to the Community Development Department of the Town of Avon (the "Town") on June 20, 2012 by Rick Pylman of Pylman & Associates, representing the owners of the Brookside Center building (the "Applicant"). 2. Determination of Completeness. Pursuant to Avon Municipal Code ("AMC") §7.16.020(c)(1), a determination of completeness was submitted to the Applicant by phone from Jared Barnes of the Community Development Department on June 29, 2012, within ten (10) days of the application submittal. 3. Referral to other Agencies. The Amended PUD Guide was referred electronically via the Town's website, www.avon.org/referral, to other agencies for review and comment on July 17, 2012 pursuant to AMC §7.16.020(c)(2). The following agency was notified for referral: Town of Avon Engineering Department. 4. Notice of Public Hearin. On July 27, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the August 7, 2012 Planning & Zoning Commission meeting to review the Brookside Park Preliminary Planned Unit Development application. In addition a mailed notice was sent to all property owners within 300 feet of the property boundaries. 5. Staff Report to PZC. Jared Barnes submitted a Staff report to the PZC dated August 3, 2012. 6. Preliminary Public Hearing before the Planning and Zoning Commission. On August 7, 2012 the PZC held a public hearing on the Application. The PZC took action to provide the following recommendations, findings, and conditions to the Town Council: RECOMMENDATIONS: The PZC recommends that Town Council APPROVE the Brookside Park Prelminary Planned Unit Development Amendment based on the following specific findings and with the conditions set forth below: FINDINGS OF FACT AND RECOMMENDATIONS BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT Page 1 of 2 Specific Findings: (1) The PUD is established and the previously provided public benefits satisfy the requirement for public benefits as outlined in §7.16.060(b)(5); (2) The reduction in surface parking and addition of a pocket park and/or landscaping is a public benefit for the residents of the Brookside Park PUD; and, (3) The PUD amendment meets the review criteria for a Preliminary PUD as outlined in §7.16.060(e)(4). Conditions: (a) The proposed PUD Guide be amended to provide a cap on the number of residential units allowed in the instance only the second story converts to residential uses. THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY APPROVED: BY: DATE: Chris Green, Planning and Zoning Commission Chairperson FINDINGS OF FACT AND RECOMMENDATIONS BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT Page 2 of 2 Staff Report �a N August 7, 2012 Planning and Zoning Commission Meeting Report Date July 31, 2012 Application Final Planned Unit Development (PUD) File No. PUD12004 Zoning Planned Unit Development Prepared By Matt Pielsticker, AICP, Planner II Introduction The Applicant, Harvey Robertson of RMT Architects, representing the owners of the Village at Avon property, has submitted a Final PUD Application (Exhibit A) ("the Application"). The Application includes an Amended and Restated PUD Guide ("PUD Guide") Version 14, Amended PUD Map ("PUD Master Plan") Version 11, a Subdivision application ("the Plat"), and Consolidated, Amended, and Restated Annexation and Development Agreement ("CARADA"). Accompanying the Application is a letter from Kimberly Martin dated July 24, 2012 (Exhibit B), which explains changes to Staff's recommended PUD Guide (Exhibit C). The Application was submitted on July 24, 2012, and is intended to implement certain provisions of the Settlement Term Sheet ("STS") — made and entered into on October 7, 2011 by and between the Town, Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited Liability, Traer Creek -HD, LLC, Traer Creek -WMT, LLC, BNP Paribas and Traer Creek Metropolitan District. Submittal of the Application follows the approval of the Preliminary PUD by Town Council on July 10, 2012. A copy of the Findings of Fact and Record of Decision from Council is attached (Exhibit D) to this Staff report for reference. After reviewing this Application and considering Staff's analysis, public comments, and review criteria, the Planning and Zoning Commission ("PZC") will forward a recommendation to the Town Council. Executive Summary The Application proposes a number of PUD amendments to the approved zoning control documents for the property, ranging from minor changes and clarifications to major amendments to development standards and related processes. Since the Preliminary PUD was approved by the Town Council, there have been additional modifications to the PUD Guide. It should be noted that the PUD Master Plan is unchanged since Preliminary PUD. On July 17, 2012, Town Staff sent a redline strikethrough version of the PUD Guide to the Applicant based off the Applicant's Version 10 PUD Guide. There were a number of items from the Version 10 PUD Guide that were not supportable by Staff or Council. The exercise in providing the Applicant with a Staff recommended PUD Guide was intended to communicate a detailed iteration that not only implemented matters of the STS, but included several mutually beneficial matters for both the Applicant and the Town. On July 24, 2012 the Applicant submitted another redline strikethrough of Staff's recommended version of the PUD Guide. It has become clear that there are some outstanding differences in opinion and/or interpretation that exist. Additionally, the Applicant's July 24, 2012 cover Memorandum acknowledges August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 11 P a g e numerous matters that "require further discussion". Additional changes were made to the document that have neither been discussed nor explained in the cover Memorandum. Throughout the application process Staff, public, PZC, and Council have expressed concern to the apparent lessening of Town regulations. The root issue is the diminished authority of current (or future as may be amended) regulations contained in the AMC. When the property was annexed and originally zoned, the Municipal Code was defined "as in effect from time to time." There are defined regulations or processes frozen (i.e. vesting, design review), however, including an entire exhibit devoted to exclusions from the AMC is neither fully understood nor appropriate given the complexity of the project and the long range of the vesting. When PZC reviews the Application there are a number of pertinent documents that must be reviewed including: the existing PUD Master Plan, 1996 Comprehensive Plan, Existing and Proposed PUD Guides, and the AMC review criteria. The CARADA and the Plat have been and continue to be processed separately by the Town Council. In order to provide for an organized efficient review, this report is broken down into subsections. The report includes a brief process section (Section B), STS issues (Section C), amendments not defined in the STS (Section D) including a summary of changes for each planning area, mandatory review criteria (Section E), and Staff's recommendation (Section F). B. Application Process (§7.16.020, AMC) Public Notification In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300' of the property. In addition, a notice was published in the Vail Daily newspaper on Friday, July 27, 2012. The noticing requirements were performed by Town Staff in order to facilitate an efficient process. Public Hearings The PZC shall review the Application and provide a recommendation to the Town Council after conducting a public hearing. The Avon Municipal Code allows thirty-five (35) days for PZC to act on the application from the first meeting date on August 7, 2012. The Town Council shall review and render a final decision on the Application after conducting a public hearing. If approved, it will be approved by Ordinance and will take two separate readings of an Ordinance and a public hearing. A public hearing before the Town Council will be set once the PZC conducts a public hearing and provides a formal recommendation. C: Amendments Included in Settlement, Schedule 3 — Land Use Issues To organize the review of the Application, Staff assembled this report review into two categories: 1) Amendments Included in STS, Schedule 3 - Land Use Issues; and 2) Amendments not included in the STS. This analysis is consistent with Staff's initial review of the documents, and should assist PZC with the various topics and in formulating a recommendation to the Council. Following is a list of amendments pulled directly from the STS: August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 2 1 P a g e 1) Extension of Vested Rights Period STS: The vested rights period will be extended by six (6) years. In addition, Avon will officially recognize and agree that its Ordinance limited vested rights to a short period will not apply to any future applications within the Village (and similarly recognizes that other things won't apply — such as the fire protection fee, the new 1041 regulations, impediments to shared public parking structures). Existing: Section 1.3 of the Annexation and Development Agreement outlines the current vested rights for the property, and states that vesting shall continue until the 35th anniversary of the effective date (October 13, 1998), or until October 13, 2033. Proposed: The Amended and Restated PUD Guide, Section A.3. Vested Property Rights, references Article 2 of the CARADA for applicable vesting information. This placement is appropriate, and it is understood that the PUD Guide will live beyond the vesting period specified in the CARADA. Exhibit G of the PUD Guide includes several AMC provisions which would not be applicable to the PUD, including those cited in the STS - §3.40, Impact Fees, §7.16.140(8) Vested Property Rights, §7.28.020(b)(4), Offsite Parking Location and Ownership, and §7.40, 1040 Regulations. 2) School Site Dedication STS: Traer will dedicate approximately 3.6 acres from Planning Area 1 to TOA to convey or lease to Stone Creek Charter School. The adequacy and configuration of the School Site Dedication in Planning Area I must be confirmed by Stone Creek Charter School. TOA will agree that the school site would be conveyed or leased to Stone Creek Charter School for no cost. The remaining approximately 3.7 of the 7.3 acre School Site Dedication (and the Developer confirms that a total of 7.3 acres will ultimately be dedicated) will be satisfied through a future conveyance in Planning Area M. The timing of the future conveyance in Planning Area M will be at the time of subdivision platting. There would be no reversionary clause in the conveyance of the School Site Dedication to TOA. The School Site Dedication will be limited to use as a state licensed educational facility serving grades K -12 (or any portion of such grades). Any use of the sites would be subject to prior approval by the Village DRB, including potential future uses including but not limited to pre - school, day care, community educational, cultural, and /or art classes, museum, or recreational. The foregoing dedications will satisfy all school site dedication requirements in full. The approved amendment to the PUD required to implement the foregoing will have the effect of superseding Ordinance No. 06-17 and making the conditions and restrictions set forth therein legally inoperative. The Town shall approve a subdivision plat to create the School Site Dedication parcel within Planning Area 1 as part of the other ordinances, annexation agreement amendment, PUD plan amendment and PUD Guide amendments which are required to implement the settlement agreement. Existing: The existing PUD Development Plan includes Planning Area G, a 7.3 acre planning area located within a residential planning area bordering Interstate 70 opposite the highway from Buffalo Ridge apartment and Planning Area RMF -1. Additional development standards are identified for this planning area in the PUD Guide. The PUD states that the purpose of the site is "To provide a school site to meet the needs of the Eagle County School District." Proposed: The PUD Master Plan includes a relocated school site (Planning Area E) near the southwest corner of East Beaver Creek Boulevard and Post Boulevard intersection. While the 4 acre size and location of the Planning Area is consistent with the STS, the resulting size of the parcel is less. According August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 3 1 P a g e to the accompanying Plat, this will be Lot 3 and will total approximately 3.5 acres. Of which, only 2.7 acres is usable when utility and drainage easements are taken in to consideration. The new purpose statement for this Planning Area is "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 directly for the benefit of the children of the Town as reasonably necessary to serve the Village and future residents thereof." The balance of approximately 3.3 acres, based on Planning Area size, for school purposes is to be dedicated to the Town and recorded at the time of final subdivision of Planning Area I or issuance of a building permit for a habitat structure. This appears to be consistent with the intent of the Settlement, and the resulting timing of such future conveyance is uncertain at this point; however, if a demonstrated need exists for educational facilities in the near term it could be accommodated or combined elsewhere in the PUD according to the CARADA. Table 2 below summarizes the current and proposed school site dedications. The PZC must consider the suitability of Planning Area E (Lot 3 on the Plat). As mentioned, the proposed site is bifurcated and encumbered by existing easements and improvements as indicated: School Site — Lot 3, Filing 1 August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 4 1 P a g e Approx Centerline Location 10' Holy Cross Erergy Underground ROW Easement v rp ` � Qd yep, C Utility & Drainagek�ei,,�y Easement - 7 5' -- V". O. - Utility Easement 25' Utility Easement Lot 3 t_ 25' Utility Easement Filing 1, Lot 3 Filing 1 Easements 1 Oft Contours • 16 ♦ aVUN Proposed Lot 3, Filing 1 0 IFeet 49 B9 _-- School Site — Lot 3, Filing 1 August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 4 1 P a g e 3. Planning Area N South STS: Planning Areas N South and RMF -1 will be changed to commercial zoning that allows hotel/lodging and additional commercial uses such as gas station, convenience retail, restaurant and similar uses. Traer will agree that the 5.8 acres of park land in Planning Area N South would be replaced with some parkland dedications in the Hillside area, Planning Area M and /or Planning Area RMF -1 as determined by Traer. Dedication will be to TOA and park improvements will be at the Towns cost. Permitted uses could include: park, trail head, trail connections, dog park, or natural park (i.e. wetland /natural resource protection area). Existing: Planning Area N South is currently zoned for Community Park Use and RMF -1 is currently Residential Multi -Family. A comparison of the existing and proposed zoning standards is included in the Planning Area comparison chart attached to this report as Exhibit E. The N -South area measures approximately 6 acres and is generally buildable since it is accessible from a completed road and the topography is graded and relatively flat. Planning Area RMF -1 is currently 31.5 acres and allows for 6 dwelling units per acre with the some neighborhood oriented commercial potential. The existing PUD requires the construction of 50% of the community park located in Planning Area N (now Planning Area P3 and west portion of Planning Area J) will commence prior to the date of the 601St certificate of occupancy for a residential dwelling unit. Construction of the remaining 50% of the community park will commence upon the issuance of the 1,2015Y residential dwelling unit certificate of occupancy. The pocket park and bike trail improvements shall commence with development immediately adjacent parcels. A community center is required for Planning Area B, with the first phase required when the 601St certificate of occupancy and the second phase when the 1,2015t certificate of occupancy is issued. An ice skating/events center is required for Planning Area C with the certificate of occupancy for 200,000SF of commercial space in Planning Area A. PF3 I Pr2 � J \ J Existing Proposed Proposed: The proposed "Commercial Uses" as defined in the Amended PUD Guide would explicitly allow all uses contemplated in the Settlement including but not limited to hotel/lodging, gas station(s), convenience retail, restaurant, and other similar uses. The definition would also include a number of other uses not currently permitted. The extensive "Commercial" uses listed in Exhibit I of the Amended August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 5 1 P a g e PUD Guide must be reviewed carefully for these two planned commercially zoned properties for compatibly as well as all other planning areas that permit Commercial as a general land -use. The N -South area is approximately 6 acres, mostly graded and suited well for commercial land uses given its proximity to an arterial street and the highway interchange. While not the ideal location for a "community park", there are several types of facilities that could function quite well in this location. Indoor recreation uses could function better than traditional outdoor park uses. Studies performed by the American Planning Association suggest that when planning park facilities the most effective designs are those that are positively incorporated within or immediately adjacent to residential development, and not isolated. It is suggested to locate future park/open space within future neighborhoods. For example, Planning Area P1 is incorporated within Planning Areas C and D to provide a guaranteed, accessible open area. It would be appropriate to guarantee the reassignment for some of the displaced Park area to the valley floor around Planning Area P1. While removing designated community park space from areas north of Interstate 70 appears to be an appropriate amendment, some of the "park" area — not necessarily "open space" areas — should be incorporated within development on the valley floor where future residents and guests could benefit the most. As drafted, there is little assurance with where the displaced land will go or quality of the dedicated property. The 5.8 acres of Parkland will be relocated to either Planning Areas A, C, D, J, K and I and can be split up into a minimum of 0.25 acre parcels. The effect will make the 5.8 acres be used as pocket parks rather than a larger community park as exists, which adds a level of ambiguity as to how the parks will be developed in the PUD. 4. Hotel Use STS: Planning Area N South and RMF -1 will be amended to expressly allow hotel/lodging uses. Adjustment of maximum site coverage will be reviewed by Traer to determine if appropriate for this use. A short list of minimum design requirements which are objective and reviewable at building permit level will be developed. Proposed: As mentioned above, this Planning Area N -South would be rolled into Planning Area J — a Regional/Neighborhood Commercial and Residential Mixed Use designation. Pursuant to the Amended PUD Guide, the Town shall confirm compliance with the supplemental design improvements standards set forth in Section 1.9 prior to issuance of a building permit for any Hotel, Motel and lodging Uses. Section 1.9 reads: The following supplemental design and improvement standards shall apply to any Hotel, Motel and Lodge Uses developed within Planning Area J, and conformance with such supplemental design and improvement standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses: (a) Excepting the rear building elevation, building elevations not readily visible from a public right-of-way and building elevations predominantly comprised of glass, a minimum of 20% of the vertical surfaces of the exterior building elevation shall be comprised of stone, concrete or masonry units (brick or split face block); (b) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding and plastic or vinyl siding is not permitted; August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 6 1 P a g e (c) Pitch roofs are to be of unglazed concrete tiles, slate, copper, zinc or standing seem rusty metal (CorTen or equivalent); (d) Flat roofs shall have concrete pavers or natural colored stone as ballast, provided that grass roofs and solar and thermal collectors are permitted; (e) All mechanical equipment (wall and roof mounted) shall be screened from view of the adjacent street level, and all vent terminations shall be consistent with adjacent materials; (f) All window frames shall be metal clad or alloy extrusions; (g) All window glazing shall be clear or tinted to blend with the environment. Analysis: PZC must determine whether the above -proposed design standards are comprehensive enough to provide surety that any potential hotel building(s) in this planning area would ensure a high quality aesthetic appearance given the prominence of the property and gateway nature it holds. Of note is the lack of any requirements related to color to ensure earth tone colors with a low light reflective value (LRV) to ensure consistency with other commercially zoned properties in Town. The 1996 Comprehensive Plan calls out this area of the PUD as Subarea 19: 1-70 North District. The Plan states that when developed, attention must be given to visual quality and gateway treatments. Specifically, the Plan recommends that "detailed guidelines and requirements for design considerations for a possible 1-70 interchange" be developed. The Plan is sensitive to the high visibility and arid nature of this property. 5. OS -9 and OS -10 STS: OS -9 and OS -10 will be dedicated to TOA at the time of platting Area M. OS -9 and OS -10 shall be used for open space purposes with a reservation or easement allowing construction of a bridge and bridge abutments concurrently with other documents required to implement this settlement agreement. Existing: These two planning areas are currently zoned for Open Space use. Planning Area OS -9 measures .5 acres and OS -10 is 5.4 acres respectively. OS -9 is bordered to the north by the USFS parcel that is currently subject of a land swap, and bordered on the south by the Union Pacific (UP) railroad right-of-way. OS -10 is bordered to the north by the UP railroad right-of-way and the edge of the Eagle River to the south. Both properties are part of the original township/range property description that includes the large piece of property to the north, which is August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 7 1 P a g e currently referred to as Planning Area K in the Application. The recorded property description includes portions of the river and excludes railroad right-of-way; both parcels are non-contiguous with other properties in the PUD. Currently allowed uses include trails, landscape improvements, roads, and utilities. The PUD specifies that utilities and roads should be limited to a north -south axis when dealing with OS -10. Park and picnic facilities and related parking are specifically called out for OS -9. Special review uses include water features such as lakes, ponds, and irrigation ditches, park and picnic facilities and limited roads as mentioned above. Proposed: These parcels are now being referred to as OS -5 and OS -6 in the Application. The PUD Guide specifies uses by right, interim uses, and special review uses. In addition to customarily accepted open space uses such as trails and landscaping, the PUD now proposes the addition of cabled and wireless telecommunication equipment. The Application now includes "Agricultural" use as an allowed interim use. The special review uses are consistent with the current PUD including water features and park/picnic facilities. The STS contemplated the use of these tracts as a landing pad for a bridge over the Eagle River, and specified that the land would be conveyed to the Town. The potential future bridge is now called out further to the east with direct access to Planning Area I and bridge references appear to be a moot point. 6. Road Access to Planning Area M (Now referred to as "I") STS: The PUD Plan will be amended to depict road access to Planning Area M. The PUD Guide will be amended to set forth specific road standards for this access road, including a narrowed two lane profile, ability to construct separated pedestrian/recreation trail, and specific standards for retaining walls. Existing: There is no road access depicted on the PUD Plan or standards for a road accessing the regional commercial planning area through the USFS property. Planning Area RMF -1 is currently bordered on the west and north by Swift Gulch Road, and a road heading up to the hillside residential area. Proposed: The PUD Master Plan includes a "conceptual non-binding road alignment" for a rural collector road leading from the Post Boulevard/Swift Gulch Road roundabout through Planning Area J and the USFS parcel ultimately to Planning Area I. This matter is further addressed in the CARADA. 7. Hillside Density Settlement Term Sheet: The PUD Plan will be amended to increase the planned density of the hillside PUD area up to a maximum amount of residential units permitted on a cul-de-sac as set forth in the PUD Guide. Traer will propose specific PUD Guide development standards for the hillside PUD area which shall supersede any TOA development standards as exist in 2011 and which will apply to future subdivision and development applications. Existing PUD: This existing PUD designates the majority of the northern "hillside" area as open space (OS5, OS -6, OS -7, and OS -8). The PUD permits 91 single-family home sites, each with the ability construct a caretaker unit. There is one homeowner association/caretaker lot (Lot 1), and the balance August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 8 1 P a g e of the residential units would be contained in RMF -3. The Multi -Family residential portion of the hillside development currently measures 16.3 acres with a planned density of 6 du/acre, or approximately 98 multi -family dwelling units. In summary, the PUD currently permits 91 Single -Family units (each with a primary/secondary configuration), 1 caretaker unit, and approximately 98 Multi -Family units totaling 190 "Dwelling Units" as defined by the PUD Guide, or approximately 280 residential units. The siting of the single- family/caretaker lots and building envelopes were based largely on input from the Department of Wildlife. The Wildlife Mitigation Plan includes buffer -style setbacks for properties bordering the USFS boundary due to evidence of critical wildlife habitat. Proposed PUD: The hillside residential area (now referred to as K and RMF -1) would be permitted up to 280 "Dwelling Units", until such time as a secondary road access is provided. The Application proposes to redefine primary/secondary housing as one (1) dwelling unit instead of two (2). If all the density were constructed in the form of primary/secondary, there could be a total of 560 residential units. Given that the roads, lot layouts, lot sizes, number of lots and lot configures are all conceptual there is no assurance of structure type or location that may be constructed. The Application only provides assurance that a constructed primary/secondary dwelling is counted as one (1) Dwelling Unit and the ratio for primary/secondary would be increased from an acceptable ration of 75%/25% to an unacceptable ration of 60%/40%. Single-family, duplex, and multi -family structures are all permitted throughout Planning Area K, including Planning Area RMF -1 which is located within Planning Area K. The proposed PUD Guide also includes a definition for a guest house which would be counted as one-half (1/2) of a Dwelling Unit. 8. Dedication of Planning Areas B and C STS: PUD Plan, PUD Guide and Annexation Agreement will be amended to depict Planning Areas B and C on the north side of East Beaver Creek Boulevard and will state that Planning Areas B and C will be dedicated to TOA. Traer shall prepare a subdivision plat and shall dedicate planning Areas B and C to TOA concurrently with the other documents required to implement this Agreement. Improvement of Planning Areas B and C will be at Towns cost and will be subject to prior review and approval by Village DRB. TOA will cooperate with TCMD to allow improvement of pond/impoundment water feature to be designed, constructed and maintained to provide water storage for augmentation purposes. TOA shall agree that boundary adjustments and re -plats of Planning Areas B or C shall be processed and approved administratively and that TOA shall not unreasonably refuse reasonable requests by Developer to adjust or re—plat Planning Areas B or C. Existing: The PUD Master Plan includes Planning Area B (2.4 acres) and C (1.7 acres) in the valley floor, separated and accessed by East Beaver Creek Blvd. The existing PUD assigns residential density to each planning area, with 10 dwelling units per acre for Planning Area B and 4 dwelling unit per acre for Planning Area C respectively. Proposed: The two planning areas are consolidated into a single 4 acre planning area (4.1 acres according to the Plat) and accessed on the north side of "Main Street". In the interim period there would be a 20' platted access easement leading from East Beaver Creek Blvd direction through a portion of the greater Lot 1 to provide interim access capabilities. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 9 1 P a g e Approx Location <•._ Power Line Easement Lot 2 ' 25' Irrigation Raw !> Utility & Drainage Easement - 7.5' C� J, `x Utility & Drainage Easement - 7.5' 20' Access Easement Filing 1, Lot 2�5�$ea�e Filing 1 Easements C k � • n " 10ftContours `glia y ea. 9UN Proposed Lot 2, Filing 1 a 70 ;ate` Lot 2/Planning Area B The amount of energy required to fill this property to construct a useable park space is substantial. As evidenced above, there is at least a 60' grade differential from the north to south edge of the property. While the overall location of this parcel appears to be acceptable from a two-dimensional perspective, with the opportunity to be surrounded by residential or mixed-use development in the middle of the valley floor, the coordination and timing required to facilitate any type of community facility envisioned is 'to be determined' and at the mercy of the Master Developer and adjacent development occurring. The proposed 20' access easement is inadequate, and 50' would better meet the needs of the Town. For reference, the mall tract in West Town Center is 50' and provides access to the park. 9. East Beaver Creek Boulevard STS: The Annexation Agreement, PUD Plan and PUD Guide will be amended to depict narrowed East Beaver Creek Boulevard and allow EBCB to be developed in phases as determined by Developer provided that EBCB is improved as necessary to provide access to subdivided or developed property. Existing: The existing final plat for Lot 1, Filing 1 shows an 80 -foot wide easement for East Beaver Creek Blvd. The final plat or PUD Guide do not state what the road cross-section will be for East Beaver Creek Blvd so it would default to the Municipal Code. The Municipal Code at that time would classify the road as an arterial, which requires an 80 -foot wide right-of-way that consists of a 44 -foot wide driving surface, 8 -foot shoulder and 10 -foot wide drainage swale. The existing Municipal Code does not contain August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 10 1 P a g e specific standards for streets but references the Comprehensive Transportation Plan. East Beaver Creek Blvd would require a 78 -foot wide ROW following the guidelines in the Comprehensive Transportation Plan. The Municipal Code was set up in a way to allow for flexibility in the designing of streets since every situation is unique. Section 1.5 of the existing PUD breaks the road network into two groups. The first group contains roads located north of 1-70 and not maintained by the Town of Avon, while the second group contains roads south of 1-70 and maintained by the Town of Avon. The roads north of 1-70 and not maintained by the Town include the following standards: 22 feet wide; 25mph design speed; 10% maximum grade; 75 foot curve radius; 150 foot minimum sight distance; and, limits the number of units on a cul-de-sac over 1,000 feet to 280 residential units. The roads south of 1-70 and maintained by Avon follow Town standards except: the maximum grade for Post Blvd north of 1-70 is 8.5%, while all other roads have a 6% maximum grade; and, there is no limit on the number of units on a cul-de-sac if it is less than 5,000 feet long. Proposed: The Application is requesting new road standards, cross-sections, and layouts for the entire PUD. Page F-1 shows the new proposed layout for the PUD and the proposed street classifications. The new layout proposes two (2) east -west connections, one from Chapel Place to Yoder Avenue named Main Street, and the second from East Beaver Creek Blvd to Fawcett Road named East Beaver Creek Blvd. Main Street is proposed to have an 80 -foot wide ROW in the central segment, a 50 -foot wide ROW through the western and eastern segments. East Beaver Creek Blvd is proposed to be classified as a rural local road which will have a 50 -foot wide ROW consisting of a 22 -foot wide drive surface, two -foot shoulders and the remaining area be used for drainage and snow storage. Swift Gulch Road is proposed to be extended to Planning Area I and will include a detached recreation path. The road to Planning Area K will be a local rural road and generally follows the alignment in the previous PUD. All of the road layouts are conceptual in nature and can potentially change as the project is designed. Staff Analysis: The proposed road layout on Lot 1 is an improvement over the previous PUD because it follows a simple grid pattern and is more intuitive. The road cross sections for Main Street are adequate for the expected land uses fronting the road. East Beaver Creek Blvd and Road D are proposed to have high density land uses and pedestrian facilities should be added along these roads to support the development. It is not appropriate to include the curve radius and site distance standards in the PUD since they are dependent on numerous parameters including grade, design speed and land use. The standards need to clearly state that they are not intended to replace the technical standards for road construction. Exhibit F needs to be updated with the current page numbers in the document and there are discrepancies regarding the classification of East Beaver Creek Blvd that should be addressed. 10. Drainage Master Plan STS: TOA will process and complete updates to Drainage Master Plan incorporating the assumption of the David Johnson Study. Proposed: In Section 1.6 of the PUD Guide it states that any application for development within the property shall incorporate the assumptions in the David Johnson Study. The following section was added: August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 111 P a g e 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; 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. Analysis: The David Johnson Study analyzed the vegetative cover on the slopes north of 1-70 and indicated that there is more vegetative cover than what was assumed in the Drainage Master Plan. An increase in the amount of vegetative cover dramatically decreases the amount of runoff generated from the slopes north of 1-70 so has significant consequences for several drainages. Staff agrees that the assumptions were overly conservative in the Drainage Master Plan and should be re -visited. Staff's primary concern at this point is it has not completed a full review of the Study, and it is rash to incorporate the study without proper review. 11. Administrative Subdivision Approval STS: PUD Guide will be amended to allow administrative subdivision approval (including amendments, re -plats and re -subdivision) for Lot 1, RMF -1 and Planning Area N South provided that Traer submits a sketch plan which depicts basic layout of lots and roads. Existing: The PUD currently refers to the Avon Municipal Code (AMC) for all land subdivisions for the Property, as amended from time to time. The AMC has three types of subdivisions: Administrative, Minor and Major. First, administrative subdivisions require a Staff approval and are for condominium and townhome subdivisions of four (4) or fewer units and do not require public improvements. Second, minor subdivisions require Town Council approval and are for subdivisions of more than four (4) units and do not require public improvements. Lastly, major subdivisions require a PZC hearing and Town Council approval, and are for land subdivisions of more than four (4) units or require public improvements. Proposed: Section G- Subdivision creates new subdivision procedures, review criteria and exceptions for Planning Areas A, B, C, D, E, F, and J. There are four exceptions to the Subdivision process in addition to what is in the AMC, including: (1) dedication of right-of-way; (2) correction of a legal description in a prior conveyance; (3) any transfer by operation of law or bequest, leaseholder interests for any period of time; and, (4) 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. The Application lists submittal requirements for a subdivision application, while the AMC refers to the Director for determining the submittal requirements. The proposed PUD also includes ten review criteria for approval that focus on the technical adequacy of the Final Plat, adequate public facilities and compliance with the PUD Master Plan. These criteria act in -lieu of the review criteria listed in the AMC. Staff Analysis: Including subdivision procedures and review criteria in the proposed PUD will prevent any changes to the subdivision process without the consent of the Master Developer for the duration of August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 12 1 Page the PUD Guide and the property owner after the vesting period. This is different than in the AMC where the subdivision standards can change based on the Town's or other entities requirements over time. If Town Council wants to include these procedures in the PUD, it is recommended that they have a sunset date that coincides with the vesting period. The limitation of the application submittal requirements is a concern because it is impossible to develop a list of submittal requirements for a subdivision application of unknown scope such as with this project. The current list is focused only on road construction and does not include many items that are typically submitted such as utility plans and retaining wall plans and does not contain the flexibility to require plans of undetermined improvements such as lake construction plans or recreation trail plans. It would be more appropriate to either default to the AMC or change the Application Submittal Items to require all construction documents and the supporting reports for the public improvements in the subdivision. The proposed PUD states that a Public Improvement Agreement is required with the Final Plat, but that particular section of the AMC is listed as not applicable in Appendix G. The latest version of the proposed PUD references an Exhibit of a model Public Improvement Agreement for the project but the model agreement is not included in Version 14 of the PUD Guide. Section G.3., Material Modifications of Certain Street Extensions or Alignments, is intended to provide a mechanism that requires any major changes to the road network to be reviewed and approved by Town Council. Staff recommends certain applications must be submitted to Town Council for a decision including: (1) East Beaver Creek Blvd, which no longer will connect to Fawcett Rd at Post Blvd and not be a direct connection that coincides with the existing topography of Lot 1; (2) Main Street, which no longer connects to Yoder Ave following a straight, direct alignment; and, (3) The two North-South road connections on Lot 1 which are no longer proposed to connect Main Street with East Beaver Creek Blvd. The road layouts for Planning Areas J and I are not shown in the PUD Master Plan and as a result, Staff recommends that they be initially approved by Town Council. D. Amendments Not Included in STS It is important to highlight all of the changes to the PUD Guide and/or PUD Master Plan that were not specifically called out in the STS. Staff finds that the majority of these modifications are either unwarranted or unnecessary given the stated purpose of this development application. In many cases the proposed changes do not properly confer a benefit to the Town as required for all PUD amendments by §7.16.060(4), PUD, Review Criteria, AMC. By including the amendments below, Staff is attempting to highlight as many of the changes from the current PUD Guide to the Version 14 PUD that may not be immediately discernible to most readers. The applicant did not provide a narrative or any other documented explanation for most of these changes, and it must be noted that calling out these amendments does not automatically imply that Staff does not support some as is indicated below. Amendments to the STS not specifically called out in the STS include, but are not limited to the following: 1) Section A.4(a)(iii) Design Review Board Control Existing: The existing PUD contains Section A.3(a) in the General Provisions clearly states that the control of Uses on the property are governed by the PUD Guide and Development Standards therein. The Purpose Section (A.1) also states that the PUD Guide controls use of properties. The PUD goes on to August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 13 1 Page state that the DRB shall "establish the final location and bulk of all future buildings and structures" and control how "Any existing building or other structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose permitted or required by the provisions of this PUD Guide that are applicable to the area in which such building, other structure or parcel of land is located, and for no other purposes." The role of the DRB is spelled out in the existing PUD, and their ability to enforce and modify the Design Guidelines is acknowledged. Proposed: The word "Use" was added to the General Provisions section 4(a)(iii) to expand the authority of the DRB above and beyond the control of physical improvements such as buildings and changes to existing buildings such as additions or other design modifications. Staff Analysis: Staff does not support expanding the DRB authority in the PUD to include the review of Use. This authority is clearly within the power of the Director, and that role is reinforced in other sections of the PUD Guide and the Avon Municipal Code. For example, the lists of allowed uses for each planning area include romanettes stating that "additional uses which the Director determines to be similar to Uses by Right" are permitted. This provides a clear indication of the Director's authority over Use. Additionally, §7.24.030, Classification of new and unlisted uses, AMC, reinforces that the Director in a similar instance shall provide interpretations when specific uses are not listed. 2) Section A.4(c) Comprehensive Plan Existing: The original Development Agreement defines Comprehensive Plan as being "the Avon Comprehensive Plan adopted by the Planning and Zoning Commission on November 5, 1996." Proposed: The PUD Guide adds this section to clarify that the Comprehensive Plan applicable to the PUD is the 1996 Comprehensive Plan and not the 2006 Comprehensive Plan. Staff Analysis: The existing PUD Guide does not define Comprehensive Plan as did the original Annexation and Development Agreement. Staff is comfortable with this clarification, and a more thorough review of the 1996 Comprehensive Plan is included in this report. 3) Section A.4(d) Design Review Board Existing: N/A Proposed: This section was added to reinforce the authority of the DRB over the administration of the Design Guidelines and Design Covenant. The Town would need to receive a certificate of approval by the President of the DRB prior to approving any application in the PUD. The following section was added in its entirety: Design Review Board. As contemplated by the Design Covenant, the Design Review Board has been organized to administer and enforce the Design Covenant and Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board shall have authority to review and 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 as set forth in Section 1.10.(c). The Design Review Board shall 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 August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 14 1 P a g e 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). 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 boards) 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. Staff Analysis: This section clarifies the DRB administration of the Design Covenant and Design Review Guidelines, including the exclusive authority of architectural design, landscaping, etc. It also clarifies that the DRB will continue to refer plans to the Town's PZC for comment only. Additionally, separate DRB bodies can be created for the hillside residential area of the PUD. While this particular section was not contemplated in the STS, Staff does not object to the change as it provides clarity. This change is not likely to result in significant adverse impacts (§7.16.060(4)(vi) — PUD Review Criteria). 4) Section AAR) Planning Areas and Boundaries, Road Alignments, Lot Lines Existing: This section states that when a planning area abuts a street the boundary is the abutting right- of-way line of such street. It goes on to state that planning areas may be increased or decreased through the administrative amendment procedures, and may be adjusted after a preliminary or final plat is processed. Proposed: This section was expanded and modified such that road alignments shown on the PUD Master Plan are conceptual alignments until such time as a Public Improvements Agreement is approved. A new section was added as follows: 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 of G 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. Notwithstanding the foregoing, if such street is depicted on the PUD Master Plan to extend and continue further than such phase and property subject to the Application and connect to existing or future planned street(s), such Applicant shall submit as a part of its Application Preliminary Engineering for the planned extension and continuation of the subject street which is sufficient to demonstrate that the alignment and grade of the construction of a portion of the street shall be adequately designed to allow August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 15 1 P a g e extension and continuation of the subject street in compliance with applicable road, utility and drainage standards. Staff Analysis: This section was added in part to address Staff's concern with proper planned phasing of public improvements and utilities in the event that large parcels (i.e. Lot 1) are developed prior to/or in the absence of formal subdivision applications. This section is inconsistent with PUD Master Plan Note 4 which states that the road alignments are conceptual until final plat. Until such time as this discrepancy along with the Engineering Department's comments have been addressed Staff does not recommend approval of this language as submitted. 5) Section A.5 & 6 "Materially" Existing: This section is included in the existing PUD to address the application of regulations on a uniform and non -discretionary nature. Proposed: The word "materially" was deleted and as the applicant explains in the July 24, 2012 Memorandum was done for consistency with the Vested Property Rights Statute. Staff Analysis: As stated in Staff's recommended version of the PUD Guide, the removal of the word "materially" was never contemplated by the STS or agreed upon or supported by the Town. By deleting this term future disputes over what actions effect the vested property rights are uncertain. Removing this language does not act in the benefit of the Town in any way and is not supported. 6) Section B. Total Permitted Density - Increased Commercial Square Footage Allowance Existing: The existing PUD caps Commercial Square Footage at 650,000 Square Feet and defines Commercial Space as "any area which may be used, rented or leased for the purpose of generating retail business or consumer services." The PUD goes on to list a number of commonly accepted commercial/retail uses as well as those uses which the Director determines to be similar. The existing PUD excludes all residential and lodging facilities. It must be noted that the allowed Commercial Space shall be measured as the total floor area including exterior building walls that is available for leasing to a tenant. The PUD excludes schools up to 200,000 square feet, churches, skating arenas, cultural and community centers, and recreational centers. There are a number of exclusions within Commercial buildings such as hallways, lobbies, parking structures, and stairwells. For Planning Area M (proposed 1), the existing PUD states that Commercial Space and Dwelling Unit densities shall be determined in the future pursuant to the amendment procedures. The PUD Guide acknowledges that this area may include "residential uses, commercial uses, and public and institutional uses at densities in addition to" the 650,000 sq. ft. of Commercial and 2,400 Dwelling Units. Proposed: The Final PUD proposes several changes and/or clarifications to Density, the most notable being the following: • Increase of 300,000 sq. ft. to a total of 950,000 sq. ft. of Commercial Space. • Planning Area I would be entitled not less than 196,970 sq. ft. of Commercial Space (in addition to the 950,000 sq. ft. allowed elsewhere in the PUD) and 855 Dwelling Units. • Primary/Secondary is counted as one (1) Dwelling Unit instead of two (2) currently. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 16 1 P a g e • Hospital uses are added to the list of Commercial uses excluded in the sq. ft. allowance, including "hospitals, long-term care facilities, and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes." • The PUD defers to the newly defined "Commercial" term in the Definition section instead of including a list of Commercial Uses and other similar uses determined by the Director. • Commercial space would be measured from interior of walls instead of outside walls as is defined by the AMC. Staff Analysis: Increasing the overall allowable Commercial Square footage by itself does not appear to present any significant adverse impacts upon other property in the vicinity or conflicts with the review criteria, and follows the policy direction received from Council at their July 10, 2012 meeting. However, Planning Area I must be reviewed in detail with regard to the proposed residential density — 855 Dwelling Units. That number assumes a 15 Dwelling Unit density (as exists today for M on the PUD Master Plan) for the entire Planning Area, and does not account for any other uses on the property such a potential school, commercial development, or capital improvements. The Comprehensive Plan does not speak to the quantity of envisioned Commercial space; rather, it encourages mixed-use development in the valley floor of the PUD. The only mention of Planning Area M/I in the Comprehensive Plan is on Figure 4.2 — Overall Land Use Plan — and points to the area as "approximate developable areas subject to site specific delineation at the time of development approvals." Given this direction and the lack of site specific development information Staff does not support or recommend approval of a density as high as 855 Dwelling Units as this number seems immoderately high for an area that is presented with obvious access issues. In no way could Staff support a minimum density number this high, or any number higher than that allowed for a cul-de-sac development — 280 Dwelling Units as currently defined. And providing a minimum number in place of a cap for residential and commercial at this time is not supported. While hospitals are not addressed in the current PUD, the exclusion of such uses from Commercial Use calculations in the future should not impact the overall development pattern of the PUD or adjacent uses. 8) Section B.3 and B.4 — Density Calculations Existing: The existing PUD provides little explanation for how density will be precisely measured, except that residential development within Planning Areas A -M and RMF 1-3 shall exclude areas with slopes exceeding 40% slope. Proposed: The Application carries forward the exclusion of areas over 40% for all planning areas except for the primary/secondary hillside residential development which would be allowed up to 280 Dwelling Units until a potential secondary road was provided. Additionally, the following two sections were added in their entirety: 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. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 17 1 P a g e 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). Staff Analysis: This level of clarity is not included in the current PUD, and could be appropriate given the expected phased nature of the development. It would require that Planning Areas be identified in some way during platting of property to confirm the accurate calculation and enforcement of the PUD Master Plan "approximate" boundaries of planning areas. While this density computation method is generally accepted in the planning field for zoning on a property -by -property basis (i.e. 1 acre property is permitted 25 dwelling units per acre and therefore all 25 of the permitted dwelling units could be built on one half of the site), large tracts of land such as PA -1 or PA -K present physical constraints and could lead to a disproportionate amount of development in sensitive areas. Staff does not support adding these sections as they provide no certainty to adjacent properties or future constructed developments as to where density or intensity of development will occur. 8) Section B.4 - Removal of Mixed -Use requirement for "valley floor" Planning Areas Existing: At buildout the existing PUD ensures that development will be mixed-use as envisioned in the Comprehensive Plan. The mixed-use concept is ensured by requiring that the aggregate square footage of planning areas on the valley floor meet the following minimum and maximum residential ratios: Planning Area Village Center (A) Village Residential (D,E,F) Neighborhood Commercial (H, 1) Regional Commercial (J,K,L) Residential Min% Max% 30% 80% 90% 100% Commercial Min% Max% 20% 70% 0% 10% 0% 20% 80% 100% 0% 20% 80% 100% Proposed: The Application proposes to eliminate the minimum and maximum commercial and residential requirements. There is no rationale provided for the removal of the ratios other than the statement that these were "artificial limitations" and that they present an administrative burden that could have unintended adverse effects that may prohibit development that is desired by the Town. Staff Analysis: While the ratios could provide some administrative challenges in terms of tracking August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 18 1 Page zoning in these particular planning areas, they should not overburden the Town or a developer. As contemplated in the current/proposed PUD, the DRB is to submit a Dwelling Unit and Commercial Report to the Town for each development or Final plat of the property. There is no merit in removing the ratios, and removal is inconsistent with Comprehensive Plan policies (i.e. Policy A3.5, Policy A3.6, Figure 4.3 Land Use Plan, Figure 5.1 -Mixed Use District). Removal of the ratios also conflicts with AMC requirements for similar mixed-use districts (i.e. Town Center) that require a mix of land -uses for properties located on Main Street. Given the above explanation and the fact that this change was not contemplated in the STS, Staff does not recommend approving these changes. There is no apparent benefit to the Town for removing these baseline mixed-use standards, and again, this was not contemplated in the STS. 9) Planning Area by Planning Area Modifications For a complete comparison (1998 PUD Guide vs. Version 14 PUD Guide) of Planning Area by Planning Area allowed uses, densities, and other zoning standards please refer to Exhibit E of this Staff report. Below is a cursory review of the notable changes not necessary for STS implementation, some of which may warrant more discussion and analysis than others: A — Village Center Mixed- Use Projects ° Increased Acreage: 33 acres to 43 acres ° Increased single retail use tenant allowance: 60,000 sq. ft. to 65,000 sq. ft. ° New Special Review Uses: single retail over 65,000 sq. ft., Outdoor amplified sound, minor auto repair, hotels over 80', car washes, religious facilities ° 135' Hotel north of Main Street. ° Extensive list of Commercial Uses permitted by right ° 20' setback specified for southern boundary ° Telecommunications/Infrastructure/Dry Utilities added as uses by right B —Community Facilities ° No more Dwelling Unit allowance ° Outdoor amplified sound is added as SRU ° Water Storage and water resource management is added as allowed use. ° Telecommunications/Infrastructure/Dry Utilities added as uses by right C - Village Residential Mixed -Use Projects ° School is moved out of this planning area ° Mixed -Use Projects are permitted ° Commercial parking added as allowed use ° Extensive list of Commercial Uses permitted by right ° Hotel, Motel, and Lodges Added as SRU ° Prohibited Uses are added, such as: major auto repair, outdoor kennels, industrial, outdoor storage, recycling processing, service stations, and tattoo parlors. ° Height increased from 48' to 80' for Hospital use only (SRU only) ° Telecommunications/Infrastructure/Dry Utilities added as uses by right D —Village Residential Mixed -Use Projects August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 19 1 P a g e ° If located on Main St. the following uses are eligible for SRU: Minor Auto repair, Educational facilities, and Outdoor entertainment with amplified sound ° Commercial parking added as allowed use ° Extensive list of Commercial Uses permitted by right ° Prohibited Uses are added, such as: major auto repair, outdoor kennels, industrial, outdoor storage, recycling processing, service stations, and tattoo parlors. ° Height increased from 48' to 80' for Hospital use only (SRU only) ° 20' setback is specified for south boundary ° Telecommunications/Infrastructure/Dry Utilities added as uses by right E — School ° Allowed Uses modified ° Telecommunications/Infrastructure/Dry Utilities added as uses by right ° Education -related uses added, with DRB sign -off required F - Regional Commercial Mixed Use ° Consolidation of two previous planning areas (H and 1) ° Dwelling Units/per acre increased from 15 DU/ac to 18 du/ac ° Extensive list of Commercial Uses permitted by right ° Mixed -Use projects and recycling facility added as uses by right ° 80' Hotel as SRU ° Telecommunications/Infrastructure/Dry Utilities added as uses by right G - Regional Commercial Mixed Use ° Extensive list of Commercial Uses ° Heliport for hospital facility as SRU ° Mixed -Use projects added to permitted Use H - Regional Commercial Mixed Use ° Extensive list of Commercial Uses ° Heliport for hospital facility as SRU ° Mixed -Use projects added to permitted uses ° Telecommunications/Infrastructure/Dry Utilities added as uses by right I — Regional Commercial Mixed Use ° Acreage increased by 10 acres from 47.7 acres to 57 acres ° Shape of planning area changed to border 40% slopes ° Unlimited Density with two points of access (196,970 sq. ft. commercial and 855 DUs minimum) ° Extensive list of Commercial added ° Mixed -Use and light industrial permitted by right ° Pedestrian/Vehicular bridges added ° Hospitals over 80' added as SRU ° Telecommunications/Infrastructure/Dry Utilities added as uses by right J — Regional/Neighborhood Commercial and Residential Mixed -Use Projects August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 20 1 P a g e ° Density per acre increased from 6 DU/acre to 18 DU/acre ° Agricultural added as Interim Use ° Childcare, museums, libraries added as SRUs ° Telecommunications/Infrastructure/Dry Utilities added as uses by right K — Hillside Residential ° Minimum lot size increased ° Multi -family added as use by right ° Telecommunications/Infrastructure/Dry Utilities added as uses by right RMF -1— Multi -Family Residential (previously RMF -3) ° Increased in size from 16.3 acres to 27 acres ° Preschool, child care, group homes, commercial parking added as SRUs ° Agricultural as Interim Use ° Telecommunications/Infrastructure/Dry Utilities added as uses by right RMF -2— Multi -Family Residential ° Decreased in size from 43.6 acres to 39 acres ° Community Facilities and Temporarily divided dwellings, short term rentals use by right ° Preschool, child care, group homes, and commercial parking added as SRUs ° Agricultural as Interim Use ° Telecommunications added as SRU ° Infrastructure/Dry utilities added as use by right OSI-OS7 — Natural Open Space ° Bridges and vehicular access added to OS5-6 as use by right ° Lakes, ponds, park and related facilities and parking added as uses by right for OSI -5,7 ° Telecommunications/Infrastructure/Dry Utilities added as uses by right P1 -P3 — Parkland ° Telecommunications/Infrastructure/Dry Utilities added as uses by right 10) Section E - SRU Process and Criteria Existing: The PUD Guide includes a process with the PZC to review SRU permits. The process involves submitting an application to Community Development with submittal requirements spelled out separate from the Town's requirements. The application must be accompanied with a certificate of approval by the Village DRB. In accordance with the AMC requirements, a public hearing is conducted and the PZC acts on the SRU permit. The review criteria are set in the PUD Guide and the only provisions of the AMC that are applicable are the public hearing procedures. Currently, the PZC must approve any modifications or expansions to SRU permits. Proposed: The procedural aspects of SRU permits in the Application are similar to the current PUD in that a complete application must be submitted to Community Development with evidence of DRB design approval. The PZC review criteria were modified to remove the criterion that ensures compliance with the Design Review Guide. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 211 P a g e The primary change is to the SRU permit process and involves amendments to already approved permits. As stated, currently the PZC is required to approve expansions or modifications to an already issued permit (consistent with the AMC). As proposed, the PZC could authorize administrative approval of modification or expansions if a defined percentage or other parameter change to square footage or use is authorized by PZC in the prior approval. The following section was added in regards to permit expirations: (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 subsection 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 F. Analysis: The premise of the SRU process is to review unique or widely varying operating characteristic, or unusual site development features experienced with certain uses. The SRU procedure is intended to encourage public review and evaluate potential adverse impacts on surrounding properties. Consequently, the review criteria suggested by Staff to ensure that significant operational impacts or demands for public services be adequately mitigated should be included. Removing the criteria related to ensuring compliance with the Design Review Guide is not fully understood and Staff's recommendation is to keep the criterion as it exists. The changes do not appear to benefit the Town. 11) Section F. Temporary Uses and Structures Existing: There is no reference to temporary uses or structures other than the fact that all structures must gain approval by the Village DRB. Proposed: This is a new section added to the PUD Guide to honor the Town's codified procedural requirements for the approval of temporary uses and structures. The codified process in the development code includes Staff and/or PZC review depending on the nature of the request. Analysis: These regulations are appropriate and help to ensure that any potentially negative impacts are properly mitigated now an in the future. This is an example an AMC section may not have been present in 1998 when the PUD was originally approved, but proves valuable. As the AMC is amended from time to time regulations such as these should apply throughout the Town (and every PUD) in a uniform basis. 13) Section H — Development Plan Amendment Procedures Existing: The PUD amendment procedures require Owner consent prior to the processing of any PUD Guide or PUD Master Plan Amendments. Administrative and formal amendment procedures and qualifications are clearly divided, with formal amendments required to be processed via the AMC process including public hearings with PZC and Council. Administrative amendments include density August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 22 1 P a g e changes up to ten percent (%10) within planning areas, minor internal road alignments, and PUD Guide/PUD Master Plan (i.e. planning area boundaries) changes that are a result from the Town approving a preliminary or final plat. If an administrative amendment qualifies for an administrative amendment the Director shall approve the amendment, and any decision of the Director can be appealed to the Town Council. Proposed: Section H of the PUD Guide has been updated and correlates with the current AMC citations for formal amendment procedures. Concerning qualifying administrative amendments, the following strikethrough changes were made to the road alignment paragraph: Changes to public or private street locations, and/or internal circulation design that do bStGntiGll y �� V .+��;�"., Gite . the U!Gtien pattern and/or traffic capacity of the overall r-eGdWG) road network inwithin the Property that may require a confirming amendment to this PUD Guide and/or the PUD Master Plan shall be processed and approved administratively. Analysis: Removing the word materially and adding language implying that administrative amendments do not necessarily have to conform fully with the PUD Guide or PUD Master Plan concerning traffic or circulation patterns is concerning. The resulting impacts of changes such as this are unknown since forthcoming amendments are to be determined. Staff does not recommend approving these changes. 14) Section 1.1— Interim Uses Existing: The existing PUD does not deal directly with "Interim" uses. The PUD acknowledges and permits temporary real estate offices in most planning areas, and also temporary entertainment in planning area N. Aside from those two uses the PUD is silent to temporary or interim type uses. Proposed: A new section was added in its entirety to acknowledge uses that have existed from time to time within the PUD. The uses include: agricultural, rodeo, driving course up to 10 days/year, recycling facilities, snow storage, and mobile home office/storage as exists in Planning Area A. Analysis: This section appears to address all of the uses that have existed on the property since original annexation, and these changes are not likely to result in significant adverse impacts upon the environment, including air, water, noise, storm water management, wildlife, and vegetation. 15) Section 1.3 — Signs Existing: "Signs shall be in conformance with the Village (at Avon) Design Review Guide." Additionally, the Town currently is the authority who issues sign permits with proof of DRB signoff. Proposed: This section was modified to state that the PUD is the sole and exclusive sign regulations with in the PUD and "expressly supersede any sign regulations set forth in the Municipal Code." Language was added to allow the Town the authority to confirm that signs within the rights-of-way relating to safety and traffic control comply with the Manual of Uniform Traffic Control Devices for Streets and Highways. Analysis: During Preliminary PUD review the Town expressed concern with the "Monumentation" signs proposed for planning areas abutting Interstate 70. Staff also explained the rationale for retaining permit authority and sign code administration authorized by §15.28, AMC. This administration includes August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 23 1 P a g e the control of off-site Monumentation as was contemplated during Preliminary PUD. Aside from the modifications related to right-of-way signage for traffic control, the other changes to this section are not a benefit to the Town and do not implement the STS. The changes do not appear to promote the health, safety, and general welfare of the Town (§7.16.060(4) PUD Review Criteria). 16) Section 1.8 — Alternative Equivalent Compliance and Variances Existing: Currently, there is a subsection within the Design and Improvement Standards section that allows the Town to consider variances from these standards at a Preliminary Plan review stage. The standards for which these variances could be considered include things such as maximum road grade, minimum driving surface width, cul-de-sac standards, and drainage provisions. The "variances" are limited to Engineering Standards found in Section 16.40 of the AMC; this is a now -retired AMC section limited to street engineering and design standards. Proposed: The concept for reviewing developments that do not meet the literal language of one finite code section have been expanded to allow a discretionary review process ("AEC") for all Development Code (Title 7) standards and requirements. Analysis: Staff does not support opening the AEC process to any regulations other than those specified in §7.16.120(a), AMC. This proposed section is inappropriate and not allowed by the AMC for any other property in town; therefore, it is viewed as a general weakening and waiver of Town regulations. 17) Section 1.11— Design Review Guidelines Existing: The existing PUD spells out the process for the original approval of the Design Review Guidelines, which reserved the Town the right to review and either approve or reject the guidelines. This section goes on to explain that the Design Guidelines will be enforced primarily by the DRB. If the Town Council determines the DRB is acting in bad faith, it explains that the Council may then enforce the Guidelines if the DRB does not respond within thirty (30) days to such warning notice. Proposed: Additional language was added to clarify the timing of the notice that Council would need to provide to the DRB if the DRB is not properly enforcing the Design Review Guidelines. The Town would provide a twenty (20) day notice prior to a public hearing to the DRB President. Enforcement measures were added to include the withholding the issuance of a building permit for which the improvement is subject of the design review. 18) Section 1.13 — Fire Suppression Systems Existing: The PUD states that all Single -Family and Multi -family Dwellings constructed in the hillside residential area shall include appropriate fire suppression pursuant to applicable regulations in effect "from time to time" and applied uniformly. Proposed: This section was updated so that the cited planning areas correspond to the new PUD Master Plan, and the Town's Fire Chief reference was appropriately replaced with the Eagle River Fire Protection District. The following language was added: The foregoing constitutes the sole and exclusive Residential fire suppression systems for The Village (at Avon) and expressly supersedes any Residential fire suppression regulations set forth in the Municipal Code August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 24 1 P a g e Analysis: Staff does not support the above language as it is unnecessary and does not appear to promote health, safety, and/or welfare of residents of the Town. Other similar language stating that a particular section is the "sole and exclusive" regulation(s) applicable to the property are not reasonable or necessary to implement the STS. 19) Section 1.16 — Provision of Certain Amenities Existing: As mentioned elsewhere in this report, the existing PUD requires the construction of 50% of the community park be located in Planning Area N commence prior to the date of the 601St certificate of occupancy for a residential dwelling unit. The remaining 50% of the community park will commence upon the issuance of the 1,2015' residential dwelling unit certificate of occupancy. The pocket park and bike trail improvements shall commence with development immediately adjacent parcels. Currently a community center is planned in Planning Area B, with the first phase required when the 601s' certificate of occupancy and the second phase when the 1,201st certificate of occupancy is issued. An ice skating/events center is required for Planning Area C with the certificate of occupancy for 200,000SF of commercial space in Planning Area A. Proposed: Refer to Section 1.16 in the PUD for the modifications. Minimum design requirements for future dedicated park land are now incorporated in the PUD. Analysis: In Lot 1, the old Planning Area B and C (now B) will be combined into one Lot and transferred to the Town as part of the process. The terms of the STS transfer the obligation for constructing park improvements from the Master Developer and TCMD to the Town of Avon for Planning Area B. Typically, the Town pays for capital improvements with the real estate transfer tax but in the PUD those revenues will go to pay for the bonds so the Town does not have a revenue stream other than the Avon Urban Renewal Authority (AURA) to construct these improvements. The old Planning Area B South, (not Planning Area J West) land use will be changed from Parkland to commercial development. The 5.8 acres of Parkland will be relocated to either Planning Areas A, C, D, J, K and I and can be split up into a minimum of 0.25 acre parcels. The effect will make the 5.8 acres be used of pocket parks rather than a large community park and adds a level of uncertainty to how the parks will be developed in the PUD. 20) Exhibit F — Street Standards See STS Item No. 9 on Pages 10-11 of this report. 21) Exhibit G - Municipal Code Provisions Not Applicable Existing: The PUD contains a number of regulations and processes that are utilized in place of codified AMC regulations. For example, the Special Review Use review process is nearly identical to that found in the Municipal Code; however, there are subtle differences with review criteria and submittal requirements. In some cases the existing PUD contains more definitive amendment qualifications and procedures. In addition to processes, the PUD permits the Village DRB to review and approve a number of design standards specific to the property. The existing Annexation and Development Agreement defines the AMC as a document that exists from time to time. Proposed: Exhibit G is a new Exhibit that includes a number of exceptions to codified regulations and procedures. This list includes a number of process, use, and design requirements. While the STS did August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 25 1 P a a. e contemplate some level of exceptions to be identified, this analysis touches on the provisions that were not specifically enumerated. Staff Analysis: Again, a few of the provisions listed in Exhibit G are acceptable to Staff given the structure of the existing PUD. There is merit including a clear, concise list of exceptions; however, the majority of the listed provisions fall within the category of "generally applicable" regulations suitable for all properties in Town. For example §7.24 Use Regulations, AMC, includes a number of regulations that are not contained in the PUD that provide compatibility throughout Town — such as Home Occupation, Group Living, or Accessory Structure standards. Removing requirements that limit development to areas less than 40% slope (§7.28.100(a)(3), AMC) is inconsistent with the intent of language in existing PUD and should also be universally applied throughout the Town. Outdoor Lighting (§15.30, AMC) is another example of a regulation that was enacted to ensure uniform lighting throughout Town that does not harm the impacts of improperly design fixtures. Please refer to the footnotes on Pages G-1 through G-4 of Staff's recommended PUD Guide for further comments related to this exhibit. Planning Staff does not support any exceptions in addition to those agreed during the STS process. There has not been any rationale provided for additional exceptions, and in some cases clearly conflicts with the mandatory review criteria. The PUD review criteria require consistency with the Avon Comprehensive Plan and the purposes of the Development Code, including but not limited to §7.104.020 (f) "Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality." In order to provide for the orderly use and protection of the environment, Exhibit G should be removed unless there is rationale demonstrated that by not enforcing such regulations a benefit will be rewarded to the Town. 22) Exhibit I - Definitions and Commercial Uses The definition section of the PUD was amended in its entirety. Staff provided initial review comments in an attempt to streamline the review of the document and remove redundancies. The only definitions that should be contained in the PUD Guide are those not included in the AMC and specific to the PUD such as "Building Envelope" given that this definition contains specific development standards for what can happen outside of building envelopes and the AMC version of "Building Envelope" is silent. An exhaustive list of Commercial uses was also added to the definitions section in an attempt to capture any and all potential land -uses within the commercial or mixed-use planning areas. Staff's preference would be to narrow this list and maintain discretionary approval of Commercial Uses. For example, commonly known and accepted commercial uses such "barber and beauty shop", "department store", "hardware store", and "laundry mat" are universally accepted in the planning field as Commercial and could be eliminated. There is no need to include "Medical Marijuana Businesses" in the Commercial this list as they are not permitted anywhere in Town. E. Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall consider a number of review criteria when evaluating this application. The following criteria must be considered when forming the basis of a recommendation or decision on a PUD plan: August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 26 1 Page (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, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; regulating and determining the area of open spaces; establishing building lines; avoiding increased demands on public services and facilities; providing for phased development of government services; minimizing adverse environmental impacts of development; provide for compatibility with the surrounding area; preservation of natural features; minimize adverse environmental impacts; and promoting sufficient, economical and high quality provision of all public services and public facilities. PUD zoning by nature of its composition inherently affords opportunities to provide creative site design and planning. Flexibility and improved quality of development is the basis for PUD zoning; however, the Application does provide convincing evidence of improved quality over the existing PUD or other available zone districts for that matter. There is concern with the lack of certainty with where open space will be provided and whether or not environmental protection is achieved when some of the AMC provisions enacted to protect these very resources would be relinquished with the Application. All of the Natural Resource Protection Standards (§7.28.100, AMC) should govern the property as they are enacted to protect the health, safety, and welfare of residents. No justification was provided for exempting the sections of code that limit development of roads to areas less than 50% slope or development on areas less than 40%. These exemptions would violate the purposes of the Development Code. The PZC must determine whether the Application confers a substantial benefit to the Town and/or incorporates creative site design to achieve the some of the purposes of the Development code cited above. In some cases Staff is concerned with potential compatibility issues and in other cases the possibility of increased adverse environmental impacts. The size of the PUD makes it difficult to understand the effects of delimiting select AMC sections that were enacted to be universally applied. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Community Development Department recognizes the need to plan for the protection of the public's health, safety and welfare. When evaluating this application it became apparent that the list of amendments must be reviewed both individually and collectively in order to realize the "big picture" of the changes. In order to understand the long-range consequences and potential impacts on public health and welfare Staff suggests that the cumulative amendments could have a negative overall impact to the Town's general welfare. Public welfare is broad and inclusive and is often most accurately reflected in the goals and policies contained in the Town's Comprehensive Plan and AMC. Staff does not support proposed exemptions from the AMC, as the regulations were enacted to promote the public health, safety, and general welfare. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 27 1 P a g e (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: Pursuant to the PUD Approval documents, the property is subject to review of the 1996 Comprehensive Plan. One of the fundamental reasons for implementing the Comprehensive Plan is to clearly communicate where and how land uses may occur and to promote and protect the health, safety, and welfare of the residents and visitors of the Town by using goals and policies that result from a community review process. Following is a list of Goals and Policies from the 1996 Comprehensive Plan to consider in light of this Application: Goal Al. Ensure a balanced system of land uses that maintains and enhances Avon's identity as a residential community, and as a regional commercial, tourism and entertainment center. Staff Response: The amendments appear to continue a mixed use theme (i.e. permitting mixed- use in Planning Area A) with a large residential component and mixed-use opportunities. Regional commercial uses are maintained and Planning Area J refocuses some of the regional commercial activities to the Interstate 70 interchange area, which appears to be an appropriate location for these types of auto -oriented activities. There is a general shift in allowed uses from residential to mixed-use in some other areas in the valley floor. As stated, Staff does not support removing the mixed-use ration requirements from the PUD Guide since it ensures some level of balanced land uses. PolicyAl.3. Flexible zoning such as Planned Unit Developments (P.U.D.) should be encouraged where it results in more effective use of the land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. Staff Response: The Application would afford the utmost level of flexibility for the property, and a number of the changes do not demonstrate any clear benefit to the community. As noted, the premise of PUD zoning is to permit creative land development with organic development patterns. Planning Staff has consistently expressed concern with the extensive list of exceptions to various Municipal Code provisions listed in Exhibit G to the PUD Guide. A number of the listed variations do not appear to be necessary to achieve "effective" development, and result in little or no assurance that the 1996 Comprehensive Plan will be reflected in the final product. Some of the changes will allow for more opportunities to impact surrounding development as it builds out, and while several of the variations from standard zoning are clearly demonstrated, they are not needed to "achieve effective development." Policy A1.4. Service and light industrial uses, including warehousing and light manufacturing, should be directed to terrain that supports effective vehicular access and circulation, and allows effective screening from adjacent uses and public ways. Staff Response: Light industrial land uses are limited to Special Review Use review and would be evaluated on a case-by-case basis. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 28 1 P a g e Policy A1.6. Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. Staff Response: The current PUD includes areas of open space, albeit largely within private lots. The Application results in open space areas that not defined like the existing PUD for the north hillside area. Staff is concerned that environmentally sensitive areas, particularly within Planning Area K, could be compromised because the application proposes to exempt select subsections of §7.28.100, Natural Resource Protection, AMC. The application proposes to exempt development regulations that deal with development on slopes greater than 40%. Policy A1.7. The community should include sufficient land for public uses such as schools, community facilities, and government services. Staff Response: Even though there is no immediate need for the proposed community facility or school sites, this policy must be taken into account when reviewing this application. In most every instance school and other community facilities should be located carefully and be combined whenever possible (i.e. there is a symbiotic relationship between educational facilities and parks). In addition to the size and locational considerations, the physical constraints of the sites must be understood. Planning Area B in its current form is isolated, with no relationship to potential future adjacent land uses. In its current form, the land is largely undevelopable without substantial effort between the Town and the developer to place controlled fill in the site to achieve the desired public benefit of park and pond. The CARADA includes the additional stipulation details for providing potential augmentation pond. Goal A3. Maintain a compact urban form that respects and preserves the natural beauty of the valley, river and surrounding mountains, and maintains distinct physical and visual separations between Avon and surrounding communities. Staff Response: The changes in areas of open space may negatively impact this Goal if lower portions of Planning Area K are disturbed and/or developed. Staff has few concerns with development in the valley floor portion of the PUD as this is the most developable and readily available area for contiguous development patterns. The western boundary of the PUD appears to match up well with the established and planned "East Avon" circulation and physical development patterns. The proposed density calculation methods are not supportable by Staff given the level of uncertainty with where the permitted density within planning areas would ultimately be developed. As drafted the density could all be located in one small portion of a planning area which could impair the natural qualities of the valley. Policy A3.1. Development should first be directed to areas within and adjacent to established neighborhoods and developed areas. Staff Response: There is no phasing plan to ensure that this policy will be adhered to. Policy A3.7. Steep slopes in and around the community should be designated and preserved as open space wherever possible. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 29 1 P a Og e Staff Response: The stated purpose of the Natural Resource Protection standards in the AMC is to "protect the public by preventing or regulating development in locations with steep slopes." This application directly conflicts with this Comprehensive Plan policy. Policy 81.1. Residential neighborhoods should be maintained to a high standard of quality through effective maintenance of streets, utilities, parks and other public facilities, and through consistent application of design standards. Staff Response: The STS stipulates that the Town will accept responsibility for performance of the Village at Avon Metro District's existing maintenance obligations. These obligations include maintenance of existing right-of-way landscaping, repaving, Nottingham Dam, irrigation systems, and snow removal. This policy is addressed through the CARADA and is currently being modeled to ensure that the Town will be able to provide the high standard of quality consistent with other areas of Town. Goal 84. Create a strong sense of community based on awareness and participation by residents and businesses in achieving Avon's vision for the future. Staff Response: The application was amended to keep all current community participation processes (i.e. formal amendments, SRU), and now acknowledges the Temporary Use process that the Town codified last year. However, the list of permitted uses for planning areas has been amended in its entirety and in most cases the scope of permitted uses has expanded. Goal C2. Provide for affordable housing for permanent and seasonal residents that is attractive, safe and integrated with the community. Staff Response: The project has potential for diverse, quality housing. The zoning standards and design guidelines should further address how this will be achieved. Policy C2.2. Wherever possible, affordable housing will be integrated with, rather than be separate from, the rest of the community. Staff Response: Half of the proposed 500 affordable housing units are already constructed in RMF -2 with 244 units in the Buffalo Ridge project. This existing arrangement is by no means integrated into the community. While pedestrian bridges would be allowed, the bridge graphical representation was removed from the PUD Master Plan map, and no justification was provided for such change. In addition to the Goals and Policies from the Comprehensive Plan, there was some level of awareness that the Village (at Avon) could be annexed and developed; therefore, some additional policy direction can be found in the Comprehensive Plan. For example, the Comprehensive Plan highlighted the potential for a new interchange and went a step further by identifying developable areas such as Planning Area I. The Comprehensive Plan contains an Overall Land Use plan which indicated large areas of Open Space and limited residential opportunities loosely based on topographical lines for the northern hillside residential area. The Land Use Plan, Figure 4.3, indicated a Town Center area generally where Planning Area A is located. Also, Urban Village throughout the rest of Lot 1 and the valley floor. The Comprehensive Plan envisions Town Center to include the most intensely development part of town, clearly more August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 30 1 P a g e urban that anywhere else in Town. The Plan speaks heavily to mixed-use, pedestrian friendly development for the entire valley floor areas. Open space and trail linkages are also stressed for the "Stolport" property to link the project east -west with other networks. (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: As proposed, the PUD appears to provide or accommodate the Town's ability to serve the property, all the while maintaining adequate levels of service. As mentioned elsewhere in this report, the Town will assume several service and maintenance responsibilities with this amendment in addition to those already provided (i.e. police, permitting). The property is served by utilities and water service and the Water Tank is being handled separately from the Application. (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: The property was annexed and zoned PUD without any underlying zone district(s). Throughout this report Staff has compared the Application with the existing PUD to address this criterion. In many cases the resulting changes are difficult to weight given the remaining undeveloped acreage of the property. There is clear potential for adverse impacts to the natural environment such as steep slope development. The utmost concern is limited oversight by the Town to ensure that any such impacts would be substantially mitigated. As a result, the DRB and Master Developer retain the majority of the review control, even before a permit is issued to the Town. It is recognized that PUD zoning inherently allows flexibility with development patterns, however, any less oversight for a PUD of this size and potential scale of development owes future reviews and enforcement of AMC regulations to ensure compliance with environmental and other regulations. (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: As mentioned throughout, there are general concerns with the lack of public involvement with review opportunities moving forward. One instance where a public hearing is still required with the PZC is for SRU permits; however, the scope of PZC review is diminished greatly. The proposed modifications to the review criteria and trigger points for changes to already operating permits seem to create more chances for potential impacts on properties to go unchecked. In order to understand some of the precise known impacts to other properties in the vicinity, Staff created the Planning Area Comparison Chart (Exhibit E). This chart demonstrates that some areas may experience increased intensity of use and/or include a substantial list of new proposed uses by right. Additionally, some areas would be allowed increased height (80' hospital use or 135' hotel use) via the SRU process. (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. August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 311 P a g e Staff Response: As proposed, the Application raises questions of compatibility. There are examples of standards, changes in the allowable uses/standards of properties, or allowing new processes that raise some compatibility questions. For example, opening the Alternative Equivalent Compliance process of the Development code to any standard or requirement of the Development code may open the door for future interpretation conflicts. This particular process is limited to select standards of the Development Code and is not intended to be a general waiver as it is presented in Section 1.8 of the PUD Guide. F. Staff Recommendation Staff recommends that the PZC continue the Application to a Monday August 13, 2012 special meeting. While the application has made encouraging strides since the original Preliminary PUD submittal in some areas, further refinement is necessary before the Application can be supported. Staff recommends that the Applicant either: 1) explain how all of the non -STS items are beneficial to the Town and in compliance with the PUD Review Criteria stated herein, 2) remove language and revisions that are clearly non -related to the STS, or 3) consider Staff's recommended PUD Guide for the majority of the necessary changes. Exhibits A -PUD Guide/Version 14 B -Memorandum from Kim Martin, dated July 24, 2012 C -Staff Recommended Strikethrough PUD Guide, July 17, 2012 D -Town Council Findings of Fact and Record of Decision on Preliminary PUD, dated July 10, 2012 E -Planning Area Comparison Charts F -PUD Development Plan, Formal Amendment No. 1 (Current PUD Plan) G -PUD Master Plan, Version 11 August 7, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Village at Avon - Final PUD 32 1 Page Exhibit A To July 30 Staff Report The Village (at Avon) Amended and Restated PUD Guide [Insert Approval Date] 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. 999369.14 TABLE OF CONTENTS Exhibit A To July 30 Staff Report Page A. PURPOSE/GENERAL PROVISIONS.............................................................................. 1 1. Defined Terms....................................................................................................... 1 2. Purpose...................................................................................................................1 3. Vested Property Rights.......................................................................................... 2 4. General Provisions................................................................................................. 2 5. Applicability of Other Regulations........................................................................ 5 6. Conflict.................................................................................................................. 5 B. TOTAL PERMITTED DENSITY..................................................................................... 6 C. GENERAL LAND USE DESIGNATIONS...................................................................... 9 1. Designations...........................................................................................................9 2. Permitted Uses....................................................................................................... 9 D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD.......... 10 1. General.................................................................................................................10 2. Planning Area A - Village Center Mixed Use Project ......................................... 10 3. Planning Area B - Community Facilities............................................................. 14 4. Planning Areas C and D - Village Residential Mixed Use Projects .................... 15 5. Planning Area E - School..................................................................................... 18 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Projects ....... 20 7. Planning Area J — Regional/Neighborhood Commercial and Residential MixedUse Projects.............................................................................................. 24 8. Planning Area K - Hillside Residential................................................................ 26 9. Planning Areas RMF 1 and RMF 2 - Residential Multi -Family ......................... 29 10. Planning Areas P1 -P3: Parkland......................................................................... 31 11. Planning Areas OS 1 — OS7: Natural Open Space ............................................... 32 12. Planning Areas PF -1 — PF -3: Public Facility ..................................................... 34 E. SPECIAL REVIEW USE................................................................................................ 35 1. Special Review Use Permit.................................................................................. 35 2. Application Filing and Processing....................................................................... 35 3. Submittal Requirements for Special Review Use ................................................ 36 4. Criteria for Review, Recommendation, and Approval of Special Review Uses...................................................................................................................... 37 -1- 999369.14 TABLE OF CONTENTS (continued) Exhibit A To July 30 Staff Report Page 5. Amendments to Special Review Use Permit ....................................................... 37 F. TEMPORARY USES AND STRUCTURES.................................................................. 38 G. SUBDIVISION ................................................................................................................38 H. DEVELOPMENT PLAN AMENDMENT PROCEDURES ........................................... 42 1. General.................................................................................................................42 2. Formal Amendments............................................................................................ 42 3. Administrative Amendments............................................................................... 43 4. Modifications Not Requiring Amendment.......................................................... 45 I. SUPPLEMENTAL REGULATIONS............................................................................. 45 1. Interim Uses......................................................................................................... 45 2. Solid Fuel Burning Devices................................................................................. 46 3. Signs.....................................................................................................................46 4. Parking Requirements.......................................................................................... 47 5. Surface Parking Landscaping Requirements....................................................... 47 6. Drainage Requirements........................................................................................ 47 7. Sidewalk and Trail Standards.............................................................................. 48 8. Alternative Equivalent Compliance and Variances ............................................. 48 9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge Requirements....................................................................................................... 48 10. Wildlife Mitigation Plan...................................................................................... 48 11. Design Review Guidelines................................................................................... 49 12. Natural Resource Protection................................................................................ 49 13. Residential Fire Suppression Systems................................................................. 50 14. Park, Recreation and Trail Access....................................................................... 50 15. Affordable Housing Plan..................................................................................... 50 16. Provision of Certain Amenities............................................................................ 52 999369.14 TABLE OF CONTENTS (continued) Exhibit A To July 30 Staff Report Page EXHIBIT A Legal Description............................................................................................... A-1 EXHIBIT B PUD Master Plan............................................................................................... B-1 EXHIBIT C The Village (at Avon) Parking Regulations....................................................... C-1 EXHIBIT D Wildlife Mitigation Plan.................................................................................... D-1 EXHIBIT E Minimum Design Guideline Standards...............................................................E-1 EXHIBIT F Street Standards.................................................................................................. F-1 EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD.................................................................................................................... G-1 EXHIBIT H Form of Public Improvements Agreement........................................................ H-1 EXHIBIT I Definitions............................................................................................................I-1 999369.14 Exhibit A To July 30 Staff Report The Village (at Avon) Amended and Restated PUD Guide [Insert Approval Date] A. PURPOSE/GENERAL PROVISIONS. 1. Defined Terms. Capitalized words and phrases used in the PUD Guide have the meanings set forth in Exhibit I of this PUD Guide. Words and phrases which are not defined in Exhibit I 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 I 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 I of this PUD Guide shall be the sole and exclusive definition of such word or phrase. Any words or phrase which is not defined in Exhibit I 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. 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 and such other matters 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) In accordance with the terms and conditions of that certain SETTLEMENT TERM SHEET made and entered into the 7th day of October, 2011, by and between the Town of Avon, BNP Paribas, Traer Creek Metropolitan District, Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited Liability Company, Traer Creek -HD LLC, and Traer Creek -WMT LLC (the "Settlement Term Sheet"), the Town's final non -appealable approval of this PUD Guide establishes and implements specific terms and conditions of the Settlement Term Sheet and shall be binding on all parties to the Settlement Term Sheet. 999369.14 Exhibit A To July 30 Staff Report (c) The Original PUD Guide previously was amended by and includes (collectively, the "Prior Amendments"): (i) PUD Development Plan Administrative Amendment No. 1 (amending the PUD Master Plan only), dated May 21, 2001, and recorded in the real property records of Eagle County, Colorado, on July 31, 2001 at Reception No. 763439. (ii) PUD Guide Administrative Amendment No. 2, dated February 13, 2002, and recorded in the real property records of Eagle County, Colorado, on February 29, 2002 at Reception No. 786254. (iii) PUD Guide Administrative Amendment No. 3, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2001 at Reception No. 795806. (iv) PUD Guide Administrative Amendment No. 4, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2002 at Reception No. 795805. (v) Formal Amendment Number One to The Village (at Avon) PUD Guide, dated January 25, 2007, and recorded in the real property records of Eagle County, Colorado, on March 2, 2007 at Reception No. 200705491. (d) The purpose of this PUD Guide is to amend and restate in its entirety the original PUD Guide, including the incorporation into a single document of the Prior Amendments and the amendments contemplated in the Settlement Term Sheet, for ease of reference and to implement the terms and conditions of the Settlement Term Sheet. Accordingly, this PUD Guide expressly replaces and supersedes the Original PUD Guide and the Prior Amendments and any additional or conflicting provisions of the Municipal Code with respect to the subject matter contained herein. 3. Vested Property Rights. The Vested Property Rights approved for the Development Plan are as set forth in Article 2 of the Development Agreement. 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 999369.14 2 Exhibit A To July 30 Staff Report (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 Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board shall have authority to review and 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 as set forth in Section I.10.(c). The Design Review Board shall 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 -I (with respect to which the Design Review Board shall have no obligation to refer development proposals to the Planning and Zoning Commission). At Master Developer's option, one or more separate design review board may be established with respect to such Planning Areas RMF -I 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, 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, LotLines. 999369.14 3 Exhibit A To July 30 Staff Report (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. Notwithstanding the foregoing, if such street is depicted on the PUD Master Plan to extend and continue further than such phase and property subject to the Application and connect to existing or future planned street(s), such Applicant shall submit as a part of its Application Preliminary Engineering for the planned extension and continuation of the subject street which is sufficient to demonstrate that the alignment and grade of the construction of a portion of the street shall be adequately designed to allow extension and continuation of the subject street in compliance with applicable road, utility and drainage standards. (ii) Planning Area boundaries shall be construed as follows: (i) whenever a Planning Area abuts an exterior boundary of the Property, the Planning Area shall be construed to coincide with such exterior boundary of the Property; (ii) wherever a street abuts a Planning Area as shown in the PUD Master Plan, the Planning Area boundary shall be construed to coincide with the center line of such abutting street; and (iii) wherever a Planning Area contains or otherwise does not abut a street or the exterior boundary of the Property, the Planning Area boundary shall be as shown in the PUD Master Plan. (h) Issuance of Building Permits; Design Review Board Certification. (i) Provided an Application for issuance of a building permit (or grading permit, etc.) complies with the Town's Building Code (as defined in the Development Code) and the Development Plan, the Town shall issue such building permit (or grading permit, etc.) for any construction, improvements or alterations of a Building, Structure or other form of development requiring a building permit (or grading permit, etc.) for which the plans, specifications and details have been reviewed and approved by the Design Review Board as defined herein. A certificate of approval executed by the President of the Design Review Board shall be affixed to the plans and specifications made a part of each building permit, grading permit, temporary certificate of occupancy, permanent certificate of occupancy, etc. Application prior to the Town's approval thereof. To facilitate efficient review and approval of building permits (grading permits, etc.), the Town's building department may accept for processing a building permit (or grading permit, etc.) concurrently with such Applicant's submittal of plans, specifications and details to the Design Review Board for review and approval of such 999369.14 4 Exhibit A To July 30 Staff Report 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 AA(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 L9 prior to issuing a building permit for construction of a Building designated for Hotel, Motel and Lodging Uses within Planning Area J. 5. Applicability of Other Regulations. (a) General. Except as otherwise expressly provided in the Development Plan, the establishment of Vested Property Rights pursuant to the Development Agreement shall not preclude the application on a uniform, non-discriminatory and consistent basis of Town regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations), or the application of state or federal regulations, as all of such regulations existed on the Original Effective Date or may be enacted or amended after the Original Effective Date; provided, however that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Master Developer's, Developer Affiliates' or other Landowners' substantive or procedural rights set forth in the Development Agreement, this PUD Guide, the PUD Master Plan or any approved 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 adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting Master Developer's, Developer Affiliates' or other Landowners' rights (whether Vested Property Rights or other right) set forth in the Development Agreement, this PUD Guide, the PUD Master Plan or any approved 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 999369.14 5 Exhibit A To July 30 Staff Report conflict or otherwise inconsistent with any provision of the Development Plan, control the development of The Village (at Avon). Additionally, application of such Municipal Code provisions shall not directly or indirectly have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying, or otherwise adversely affecting any of Master Developer's, Developer Affiliates' or other Landowners' Vested Property Rights set forth in the Development Plan. Provisions of the Design Review Guidelines which are more restrictive than either the Development Plan or the Municipal Code shall prevail in any instance where there is a conflict. The interpretation, priority and application of this PUD Guide and PUD Master Plan in relationship to the Municipal Code shall be governed by Section 2.6(b) of the Development Agreement. B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at Avon) PUD shall not exceed: 1. Planning Areas A, C, D, E, F, G, H, J, K, RMF 1 and RMF 2 shall not exceed: (a) Commercial Uses. 950,000 consolidated Gross Square Footage of Commercial Space. (b) Dwelling Units. 2,400 Dwelling Units. Five hundred of the 2,400 Dwelling Units shall be constructed as affordable housing, pursuant to the Affordable Housing Plan. 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 that 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 950,000 square feet of permitted Commercial Space stated above in Section B.1.(a)) and that the permitted Dwelling Units shall not be less than 855 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 Commercial Space shall be allowed and the maximum density of Dwelling Units shall not exceed 280 Dwelling Units, (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). 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 999369.14 6 Exhibit A To July 30 Staff Report 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%. 6. Although classified as a Commercial Use, Accommodations Units (including those within Bed and Breakfasts, Extended Stay Hotels, Hotel, Motel and Lodge and similar Commercial Uses) are considered Dwelling Units for purposes of Dwelling Unit calculation and tracking. 7. 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 Multi -family Dwelling shall be counted as one (1) Dwelling Unit. (d) Each Accommodation Unit within a Hotel, Motel and Lodge shall be counted as one-third (1/3) of a Dwelling Unit. (e) Each Primary/Secondary Structure or Structures situated on the same Lot shall be counted as one (1) Dwelling Unit. (f) Each Guest House shall be counted as one-half (1/2) of a Dwelling Unit. (g) Each Bed and Breakfast shall be counted one (1) Dwelling Unit. 8. 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. 9. Commercial Space is any Building which is intended to be used, rented or leased for a Commercial Use, except as expressly excepted in subsections (a) and (b) below. 999369.14 7 Exhibit A To July 30 Staff Report (a) The following Uses shall not considered Commercial Space: (i) Lodging Uses, including without limitation, Bed and Breakfast, Hotel, Motel and Lodge, Accommodation Units, Extended Stay Hotel, Guest House, Temporally Divided Dwelling and Vacation Club; (ii) Residential Uses; (iii) Group Home; (iv) Short term rentals; (v) Employee housing; (vi) Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; and (vii) 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 and retail Buildings, 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 Hotels, Motels and Lodges, 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 Hotel, Motel and Lodge guests shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of Commercial Space permitted 999369.14 8 Exhibit A To July 30 Staff Report pursuant to the PUD Guide, but retail areas intended to cater primarily to non -Hotel, Motel and Lodge 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 the 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) PlanningArea A: Village Center Mixed -Use Projects (b) PlanningArea B: Community Facilities (c) Planning Areas C and D: Village Residential Mixed -Use Projects (d) PlanningArea 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) PlanningArea K: Hillside Residential (h) Planning Areas RMF -1 and RMF -2: Multi -Family Residential (i) Planning Areas OSI through OS7, inclusive: Natural Open Space 0) Planning Areas PI 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 I of this PUD Guide. D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD. 1. General. 999369.14 9 Exhibit A To July 30 Staff Report (a) The following Development Standards shall govern development of the referenced Planning Areas. Uses permitted within The Village (at Avon) include all Use Categories and all Uses within each Use Category, together with Accessory Uses, Primary Structures and Accessory Structures relating to such Uses. Within each individual Planning Area, such Uses are designated as Uses by Right, Special Review Uses or Prohibited Uses. A Use by Right within a particular Planning Area includes all Uses within the specified Use Category except to the extent specifically designated as a Special Review Use or a Prohibited Use. (b) Where particular Uses within a Use Category are listed as Uses by Right within a particular Planning Area and the Use Category also is listed as a Use by Right, such particularly listed Uses shall be construed as examples and clarifications of the Use Category and not as limitations on other Uses within the Use Category being developed as Uses by Right. Where particular Uses within a Use Category are listed as Uses by Right with a particular Planning Area but the Use Category is not listed as a Use by Right, then such particularly listed Uses shall be construed as Uses by Right that are exceptions to the Use Category and the remainder of Uses with the Use Category shall be interpreted to not be Use(s) by Right. (c) Temporary Uses may be permitted in The Village (at Avon) in accordance with the Development Code, even though such Uses otherwise may be within a Use Category that is not permitted within the applicable Planning Area. (d) Uses not identified as a Use by Right, Special Review Use, Temporary Use, or Interim Use shall be a Prohibited Use unless determined by the Director that the proposed use is substantially similar to a Use by Right, Special Review Use, Temporary Use, or Interim Use. 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 65,000 of consolidated Gross Square Footage. (ii) Animal Boarding (excluding outdoor Animal Boarding) as an Accessory Use to another Commercial Use only, and subject to review and written approval by the Design Review Board authorizing such Use. (iii) Kennels (excluding outdoor Kennels) as an Accessory Use to another Commercial Use only, and subject to review and written approval by the Design Review Board authorizing such Use. (iv) Convenience Retail (without fuel). (v) Restaurants (without drive-through window service). 999369.14 10 Exhibit A To July 30 Staff Report (vi) Financial institutions (without drive-through window service). (vii) Residential Uses. (viii) Mixed Use Projects; provided, however, (a) no Uses specifically prohibited in Section D.2(c) below shall be included in such Mixed Use Project, and (b) no Uses specifically identified as Special Review Uses in Section D.2(b) below shall be included except pursuant to the review and approval processes set forth in Section E below. (ix) Educational facilities including, but not limited to public and private schools, universities, and colleges. (x) Cabled Telecommunications Equipment, Cabled Telecommunications Facilities and Cabled Telecommunications Services. (xi) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services. (xii) Dry Utilities. (xiii) Infrastructure. (xiv) Indoor recreation and/or entertainment facilities. (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. Right. (xvi) Parks and Open Space. (xvii) Tramways, gondolas and lifts. (xviii) Outdoor Storage, only as an Accessory Use to a retail Use. (xix) Accessory Uses and Structures customarily appurtenant to Uses by (xx) Agricultural Use (as an Interim Use only). (xxi) Rodeo and ancillary carnival (as an Interim Use only). (xxii) Recycling Facility (as an Interim Use only). (xxiii) Snow storage (as an Interim Use only). (xxiv) Mobile Home office/storage Use and community garden (as an Interim Use only). 999369.14 11 Exhibit A To July 30 Staff Report (xxv) 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. (xxvi) Additional Uses which the Director determines to be similar to uses by right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i) Single retail businesses occupying more than 65,000 of consolidated Gross Square Footage. (ii) Automobile Repair Shop (Minor). (iii) Outdoor entertainment facilities that include the use of amplified music. (iv) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic. (v) Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed Use Project) which exceed 80 feet in Building Height. (vi) Car wash. (vii) Drive-in Uses. (viii) Religious Facility. (ix) Service Station (for the sale of only electric form of fuel for motorized vehicles). (x) Restaurants (with drive-through window service). (xi) Financial institutions (with drive-through window service). (xii) Recycling Facilities (except as permitted in subsection (a) above). (c) Prohibited Uses: (i) Animal Boarding (outdoor). (ii) Automobile Repair Shop (Major). (iii) Family Child Care Home. (iv) Group Home. 999369.14 12 Exhibit A To July 30 Staff Report (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) South of Main Street: 55 feet. (2) North of Main Street: 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 135 feet as a Special Review Use as specifically identified in Section D.2(b). (iii) Maximum Site Coverage: 80% (iv) Minimum LotArea: Not applicable. (e) Residential Density Maximum: 25 Dwelling Units per acre. (f) Parking Requirements: As set forth in the Parking Regulations. 999369.14 13 Exhibit A To July 30 Staff Report (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 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: music. (i) Outdoor entertainment facilities that include the use of amplified (c) Prohibited Uses: (i) Commercial Uses. (ii) Residential Uses. (iii) Industrial Uses. (iv) Mixed Use Projects (except as specifically included as a Use By Right in Section D.3(a) above). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: 25 feet from the adjacent road right-of-way. 20 feet from property line abutting Planning Area A. None from property line abutting Main Street. There shall be no other setback requirements except as may be 999369.14 14 Exhibit A To July 30 Staff Report 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 LotArea: Not applicable. (e) Parking Requirements: Asset 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. 4. Planning Areas C and D - Village Residential Mixed Use Proiects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section D.4(b) below or specifically prohibited in Section DA(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Commercial Uses; provided, however, no single retail business shall occupy more than 5, 000 of consolidated Gross Square Footage. (iii) Agricultural Use (as an Interim Use only). (iv) Community Facilities. (v) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. (vi) Mixed Use Projects (provided, however, no Uses specifically prohibited in Section DA(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section D.4(b) below shall be included except pursuant to the review and approval processes set forth in Section E below). (vii) Commercial Parking, Private Parking and Public Parking, including but not limited to Parking Structures, Bus Stops, Bus Shelters, tramways, gondolas and lifts. (viii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). 999369.14 15 Exhibit A To July 30 Staff Report (ix) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). (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 D Only: (1) Recycling Facility and accessory trash facility (as an Interim Use only). (xvii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (xviii) Additional Uses which the Director determines to be similar to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i) Single retail businesses occupying more than 5,000 of consolidated Gross Square Footage. (ii) Hospitals, Long-term Care Facilities and other medical facilities including, but not limited to clinics, independent and assisted living facilities (including cafeteria and food preparation areas), group and congregate care facilities and nursing homes up to a maximum Building Height of 80 feet. (iii) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic. (iv) Churches, museums, libraries and public buildings. (v) Outdoor Storage, only as an Accessory Use to a retail Use. (vi) Car wash. (vii) Drive-in Uses. 999369.14 16 Exhibit A To July 30 Staff Report (viii) Religious Facility. (ix) Convenience Retail (with fuel). (x) Restaurants (with drive-through window service). (xi) Financial institutions (with drive-through window service). (xii) Major Home Occupations. (xiii) Within Planning Area C only: (1) Mixed Use Projects (provided, however, no Uses specifically prohibited in Section DA(c) below shall be included in such Mixed Use Project). (2) Hotel, Motel and Lodge. (xiv) Within Planning Area D only in areas having frontage on Main Street only: (1) Automobile Repair Shops (Minor). (2) Educational facilities including, but not limited to public and private schools, universities, and colleges. (3) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval by the Design Review Board authorizing such Use). (c) Prohibited Uses: (i) Automobile Repair Shops (Major). (ii) Animal Boarding (outdoor). (iii) Industrial Uses. (iv) Kennels (outdoor). (v) Mobile Homes. (vi) Medical Marijuana Businesses. (vii) Nude Entertainment Establishments. (viii) Outdoor Storage, except as specifically identified as a Special Review Use in Section DA(b). 999369.14 17 Exhibit A To July 30 Staff Report (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: (1) Hospitals, Long-term Care Facilities and other medical facilities including, but not limited to clinics, independent and assisted living facilities (including cafeteria and food preparation areas), group and congregate care facilities and nursing homes: 80 feet, as specifically identified as a Special Review Use in Section D.5(b). (2) All other Uses: 48 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum LotArea: 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. 999369.14 18 Exhibit A To July 30 Staff Report (b) Uses by Right: The following Primary Uses and Accessory Uses: (i) Educational uses, limited to use as a state licensed educational facility serving grades K-12 (or any portion of such grades). (ii) Agricultural Use (as an Interim Use only). (iii) Subject to prior written approval from the Design Review Board authorizing such Uses, the following education -related Uses: (1) Child Care Facilities. (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) Maximum Site Coverage: 80% (iv) Minimum LotArea: Not applicable. (d) Parking Requirements: Asset forth in the Parking Regulations. (e) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. 999369.14 19 Exhibit A To July 30 Staff Report (f) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Proiects. (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. (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) Educational facilities including, but not limited to public and private schools, universities, and colleges. (vi) Community Facilities. (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (ix) Infrastructure. (x) Dry Utilities. (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xii) Churches, museums, libraries and public buildings. (xiii) Indoor recreation and/or entertainment facilities that do not include the use of amplified music. (xiv) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval of such Use by the Design Review Board). 999369.14 20 Exhibit A To July 30 Staff Report (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvi) Parks and open space. (xvii) Child Care Center. (xviii) Animal Boarding (excluding outdoor Animal Boarding), subject to review and written approval by the Design Review Board authorizing such Use (xix) Kennels (excluding outdoor Kennels), subject to review and written approval by the Design Review Board authorizing such Use. (xx) Construction staging (as an Interim Use only). (xxi) Planning Areas F and I Only: (1) Recycling Facility. (2) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic. (xxii) 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. (xxiii) Additional Uses which the Director determines to be similar to the foregoing Uses by Right. (xxiv) 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) Service Station. (ii) Animal Boarding (outdoor), subject to review and written approval by the Design Review Board authorizing such Use (iii) Kennels (outdoor), subject to review and written approval by the Design Review Board authorizing such Use. (iv) Planning Areas G and H Only: 999369.14 21 Exhibit A To July 30 Staff Report (1) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic (subject to review and written approval by the Design Review Board authorizing such Use). (v) Planning Areas F, G and H Only: (1) Animal Boarding (outdoor). (2) Kennels (outdoor). (vi) Planning Area I Only: (1) Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed Use Project) which exceed 80 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: (1) Commercial Uses: a. Front: 25 feet b. Side: None C. Rear: 10 feet 999369.14 22 Exhibit A To July 30 Staff Report d. Abutting Interstate 70 or railroad right-of-way: 20 feet (2) Industrial and Residential Uses: a. Front: 25 feet b. Side: 7.5 feet. C. Rear: 10 feet d. Abutting Interstate 70 or railroad right-of-way: 20 feet (3) 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 (ii) Maximum Building Height: (1) Commercial Uses: a. Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed Use Project) exceeding 48 feet shall 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, Long-term Care Facilities and other medical facilities including, but not limited to clinics, independent and assisted living facilities (including cafeteria and food preparation areas), group and congregate care facilities and nursing homes: 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: 48 feet. 999369.14 23 Exhibit A To July 30 Staff Report (4) Vertically -integrated Mixed Use Projects (except as set forth in Sections D.6(d)(ii)(I# 48 feet. (iii) Maximum Site Coverage: 80%. (iv) Minimum Lot Area: Not applicable. (e) Residential Density Maximum: (i) Planning Areas F, G and H: 18 Dwelling Units per acre. (ii) Planning Area I: As set forth in Section B.2. (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. 7. Planning Area J — Re14ional/Neighborho od Commercial and Residential Mixed Use Proiects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section D.7(b) below or specifically prohibited in Section D.7(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Commercial Uses. (iii) Mixed Used Projects; provided, however, (a) no Uses specifically prohibited in Section D.7(c) below shall be included in such Mixed Use Project, and (b) no Uses specifically identified as Special Review Uses in Section D.7(b) below shall be included except pursuant to the review and approval processes set forth in Section E below. (iv) Automobile Repair Shops (Minor). (v) Community Facilities. (vi) Agricultural Use (as an Interim Use only). (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services. (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services. 999369.14 24 Exhibit A To July 30 Staff Report (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) Churches, museums, libraries and public buildings. (ii) Child Care Center. (c) Prohibited Uses: (i) Automobile Repair Shops (Major). (ii) Medical Marijuana Businesses. (iii) Nude Entertainment Establishments. (iv) Tattoo parlor, body piercing. (d) B u ilding En velope R equ irem en ts: (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). 999369.14 25 Exhibit A To July 30 Staff Report 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: feet. (1) Commercial and Light Industrial Uses: 48 feet. (2) Residential Uses: a. Single-family Dwellings and Duplex Dwellings: 35 b. Multi -family Dwellings: 48 feet. (3) Vertically -integrated Mixed Use Projects: 48 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum LotArea: Not applicable. (e) Residential Density Maximum: 18 Dwelling Units per acre. (f) Parking Requirements: Asset 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. 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) Residential Uses. (ii) Agricultural Use (as an Interim Use only). (iii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (iv) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the 999369.14 26 Exhibit A To July 30 Staff Report foregoing subject to review and written approval of such Use by the Design Review Board). (v) Infrastructure. (vi) Dry Utilities. (vii) Recreational facilities. (viii) Parks and open space. (ix) Public Facilities. (x) Community Facilities. (xi) Homeowner association facilities including, but not limited to, a caretaker unit (as a Secondary Structure), clubhouse and restaurant, community meeting facilities, recreational facilities, and other similar facilities and amenities. (xii) Accessory Uses and Structures customarily appurtenant to Uses by Right. (xiii) Additional uses which the Director determines to be similar to Uses by Right. (b) Prohibited Uses: (i) Commercial Uses. (ii) Industrial Uses. (c) Building Envelope Requirements: The layout, location, size and number of Lots within Planning Area K as depicted on the PUD Master Plan are conceptual, non-binding and provided only for illustrative purposes only. The precise layout, location, size and number of Lots and the precise location of the Building Envelope for each Lot within Planning Area K will be as established by and reflected in the Final Plat creating the Lot, and shall be based on various site specific features of the Lot such as the topography, grade, natural vegetation and similar matters, but shall generally comply with the following requirements unless such compliance is determined to be impractical or unreasonable. (i) Minimum Building Setbacks: (1) Front: 25 feet (except as set forth below). (2) Side: 20 feet (except as set forth below). (3) Rear: 20 feet (except as set forth below). 999369.14 27 Exhibit A To July 30 Staff Report (4) For conceptual Lot 1 (as depicted on the PUD Master Plan): 20 feet from the property line, except as otherwise required to accommodate utilities, drainage, access, fire and building code regulations, and the flood plain of live streams. (ii) Maximum Building Height: feet. (1) Residential Uses: a. Single-family Dwellings and Duplex Dwellings: 35 b. Multi -family Dwellings: 48 feet. (2) Homeowner association amenities and Community Facilities: 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 subsection. (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 subsection. (iv) Minimum Lot Area: 1 acre. (d) Residential Density Maximum: Building permits may be issued for no more than 280 Dwelling Units in the aggregate for Planning Area K and Planning Area RMF -1 (provided that Primary/Secondary Dwelling Units situated on the same Lot in Planning Area K or the same Lot in Planning Area RMF -1 shall be considered one Dwelling Unit). (e) Parking Requirements: Asset 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. 9. Planning Areas RMF 1 and RMF 2 - Residential Multi -Family. (a) Uses By Right: The following Primary Uses and Accessory Uses: 999369.14 28 Exhibit A To July 30 Staff Report (i) Residential Uses. (ii) Community Facilities. (iii) Agricultural Use (as an Interim Use only). (iv) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. (v) Infrastructure. (vi) Dry Utilities. (vii) Recreational facilities. (viii) Temporary real estate offices and construction offices. (ix) Residential management office. (x) Accessory Uses and Structures customarily appurtenant to Uses by Right. (xi) Additional uses which the Director determines to be similar to Uses by Right. Center. (xii) Planning Area RMF -2 Only: (1) Pedestrian bridges. (b) Special Review Uses: (i) Preschool, nursery school, in-home child care, and Child Care (ii) Group Home. (iii) Commercial Parking, Private Parking and Public Parking. (iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (v) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (vi) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). 999369.14 29 Exhibit A To July 30 Staff Report (c) Prohibited Uses: (i) Commercial Uses (except as specifically included in Sections 9(a) or 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) Maximum Site Coverage: 80%. (iv) Minimum Landscaped Area: 20%. (v) Minimum LotArea: Not applicable. (e) Residential Density Maximum: (i) Planning Area RMF -2: 12 Dwelling Units per acre. (ii) Planning Area RMF -1: 6 Dwelling Units per acre. (f) Parking Requirements: Asset 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. 999369.14 30 Exhibit A To July 30 Staff Report 10. Planning Areas Pl-P3: Parkland. (a) Uses By Right: Except as specifically prohibited in Section D.10(b) 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 (ix) Infrastructure. (x) Dry Utilities. (b) Prohibited Uses: (i) Residential Uses. (ii) Commercial Uses. (iii) Industrial Uses. (c) 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 LotArea: Not applicable. (d) Parking Requirements: Asset forth in the Parking Regulations. 999369.14 31 Exhibit A To July 30 Staff Report (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. 11. Planning Areas OS1— OS7: 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, Wireless Telecommunications Facilities and Wireless Telecommunications Services. (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) OSI — OS5 and OS7: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking. (xi) OSS 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. 999369.14 32 Exhibit A To July 30 Staff Report (3) Pedestrian and vehicular access, roads, bridges, bridge abutments and improvements reasonably related thereto. (xii) OS3: (b) Special Review Uses: (i) 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). (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 LotArea: Not applicable. (v) Minimum LotArea: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 12. Planning Areas PF -1— PF -3: Public Facility. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section D.12(b) below or specifically prohibited in Section D.12(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Public Facilities. (iii) Landscape improvements. 999369.14 33 Exhibit A To July 30 Staff Report (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 LotArea: Not applicable. (e) Parking Requirements: Asset 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 R equ irem en is Exhibit F of this PUD Guide. Streets are subject to the standards set forth in 999369.14 34 Exhibit A To July 30 Staff Report 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 before the Planning and Zoning Commission in accordance with Section 7.16.020(e) of the Development Code, as amended. (c) Developments and uses granted by special review use permit shall be developed or established in accordance with the timeframe provided in the approved special review use permit, or within two years of the date of approval if the timeframe is not established in the approved special review use permit. Subject to extension in accordance with subsection 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 subsection 5(b) below, if an approved Use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. (e) If the conditions of a permit become the responsibility of a person or entity other than the Applicant, Community Development shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the Applicant shall remain responsible. Such notice shall be attached to the permit on file at Community Development. 999369.14 35 Exhibit A To July 30 Staff Report (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. The staff and the planning and zoning commission shall consider the following criteria when evaluating an Application for a special review use permit: (a) Whether the proposed Use otherwise complies with all requirements imposed by the Development Plan; (b) Whether the proposed Use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design, and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety and other similar Development Standards; 999369.14 36 Exhibit A To July 30 Staff Report 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 subsection 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 F. 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. G. SUBDIVISION. 1. General. (a) The procedural and substantive requirements set forth in this Section G constitute the sole and exclusive subdivision regulations for Planning Areas A, B, C, D, E, F and J (collectively, the "Administrative Subdivision Areas") and expressly supersede any additional or conflicting provisions of the Municipal Code with respect to such Planning Areas. Subdivision within all Planning Areas excepting the Administrative Subdivision Areas shall be in accordance with Section 7.16.070 of the Development Code, except as otherwise expressly set forth in this Section G. (b) Except as set forth in Subsection 3 below, 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. 999369.14 37 Exhibit A To July 30 Staff Report (c) Notwithstanding any provision of this Section G, subdivision review and approval shall not be required for any division of land within The Village (at Avon) for any of the following: instrument; (i) Creation of a lien, mortgage, deed of trust or any other security (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; (vii) Correction of a legal description in a prior conveyance; (viii) Any transfer by operation of law or bequest; (ix) Lease of property (granting of leasehold interests) for any period of time; (x) Division of land created by the foreclosure, or provision of deed - in -lieu of foreclosure, of a lien, mortgage, deed of trust or any other security instrument. 2. Final Plat. (a) Application Filing and Processing. (i) An Application with required materials (see Subsection (b) below) shall be filed with Community Development. Only complete submittals shall be accepted. (ii) Subject to Subsection 3 below, staff and the Director shall review the application in accordance with the criteria established in this section and the Director shall administratively render a decision on the Final Plat in accordance with the criteria for review and approval of this section. Public hearings shall not be required except as may be requested by the Applicant. (iii) As set forth in Section I.8 of this PUD Guide, requested variances and/or alternative equivalent compliance approvals shall be considered by the Town. 999369.14 38 Exhibit A To July 30 Staff Report (iv) Except as set forth in Subsection 3 below, the sole public notice requirement applicable to the processing and approval of Final Plats within The Village (at Avon) shall be the provision of posted notice by the Town in the designated official places of posting by the Town and mailed notice by the Town (at the expense of the Applicant) by first-class mail to all real property owners within 300 feet of the property which is the subject of the applicable Final Plat Application, as measured from the boundary of the subject property. Notice shall be posted, and mailed notice shall be postmarked, at least 11 days prior to the Director rendering a decision on the Final Plat Application. The content of the posted and mailed notice shall include those matters set forth in Section 7.16.020(d)(3) of the Development Code. (v) Prior to the Director rendering a decision to reject or deny a Final Plat Application, the Director shall give the Applicant prior written notice of the Director's intent to reject or deny such Application, which notice shall include a 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. (vi) The Director shall render a decision on the Final Plat Application and the Town shall post such decision in the same manner as the posting of Town ordinances. The Director's decision on the Final Plat Application may be appealed by a party with standing to the Town Council pursuant to Section 7.16.160 of the Development Code. The date of the Director's decision shall be the final approval date for purposes of any appeal of or legal challenge to such decision. (vii) The approved Final Plat shall be recorded within 90 days from the date of approval, unless a later time is set forth in the Director's approval. If the Final Plat is not recorded in such timeframe, the approval shall be deemed voidable in the discretion of the Director. If the Director gives written notice that the Final Plat is void pursuant to this section, such Final Plat shall not thereafter be recorded; provided that if a fully executed and, as applicable, notarized, Final Plat is recorded after 90 days from the date of approval (after any such later deadline for recordation as may be set forth in the Director's approval), such recordation shall be conclusive evidence that the Final Plat is not void and is in full force and effect. (b) Application Submittal Items. Only complete submittals shall be accepted. No Application shall be deemed complete unless the Applicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular Final Plat Application: (i) A complete Final Plat application and required fee; (ii) A legal description of the parcel; (iii) Title commitment; (iv) Survey plat; 999369.14 39 Exhibit A To July 30 Staff Report (v) SFE water allocation assigned to the property, as applicable; (vi) Utility approval and verification form; (vii) Final plat; (viii) Public Improvements Agreement, as applicable; (ix) Transportation impact study; (x) Drainage study; and (xi) Street plan and profiles. With respect to any submittal item, if the Applicant disagrees with the determination of the Director with respect to the required substance or quality of such submittal item, the Town and the Applicant shall jointly appoint a third party having experience in engineering and subdivision matters to review the Application and decide upon the appropriateness of the required substance and quality of such submittal item. Such third party's determination as to the required substance or quality of such submittal item shall be binding upon the Town and the Applicant. (c) Criteria for Review and Approval. The Director shall consider the following criteria when evaluating an Application for Final Plat approval: (i) The proposed subdivision shall comply with all applicable Use, density and dimensional standards set forth in the Development Plan that would affect the layout of Lots, blocks and streets; (ii) There are adequate public facilities for potable water supply, sewage disposal (or if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations), solid waste removal, electrical supply, fire protection and streets; (iii) The proposed road extensions are materially consistent with the matters set forth in Subsection 3 below as depicted on the PUD Master Plan; (iv) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, have provided "capacity to serve" letters for the proposed subdivision; (v) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of such areas is compatible with such conditions or adequate mitigation is proposed; (vi) The subdivision application addresses the responsibility for maintaining all streets, open spaces, and other public and common facilities in the proposed subdivision; 999369.14 40 Exhibit A To July 30 Staff Report (vii) The legal descriptions of all Lots and other parcels within the proposed subdivision close and contain the entirety of the area indicated; (viii) The Final Plat is correct in accordance with surveying and platting standards of the State of Colorado; (ix) The Final Plat substantially complies with all generally applicable technical standards adopted by the Town, except where (a) modified or superseded by this PUD Guide; (b) alternative equivalent compliance has been granted as contemplated in Section I.8; (c) a variance has been granted in accordance with the provisions of the Development Code; or (d) otherwise waived by the Director; and (x) The Final Plat does not result in any contiguous land in common ownership (with the ownership of the land subject to the applicable Final Plat) of less than 35 acres. 3. Material Modification to Certain Street Extensions or Alignments. (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 the street extension(s) and/or street alignment(s) proposed by the Final Plat Application (or re -subdivisions of or amendments thereto) are materially inconsistent with the following requirements, the Director may, in the Director's sole discretion, determine that such Application shall not be subject to administrative approval and may direct that the Final Plat Application be submitted to Town Council for a decision: (i) [Town to propose material street extension and alignment requirements for applicant's review.] (c) Town Council shall consider the criteria set forth in Subsection 2(c) above when evaluating an application for Final Plat approval, and shall render a decision on the Final Plat Application after conducting a public hearing. (d) Public notice of the Town Council hearing on the Final Plat Application shall be given in accordance with Section 7.16.020(d) of the Development Code. H. DEVELOPMENT PLAN AMENDMENT PROCEDURES. 1. General. (a) Amendments to this PUD Guide and the PUD Master Plan may be processed by the Town either formally or administratively, with the determination of the applicable procedure to be made in strict compliance with the terms and conditions of this Section H. 999369.14 41 Exhibit A To July 30 Staff Report (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 or the PUD Master Plan 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, as amended, except that the provisions of Section H.1 above shall apply to all formal amendments of this PUD Guide and the PUD Master Plan. Nothing herein shall be deemed to prevent an Applicant from voluntarily choosing to apply for a formal amendment, or from appealing to Council or the courts the Director's determination of eligibility for administrative amendment and/or denial of a request for an administrative amendment. 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 and the PUD Master Plan. As used herein, the term "minor modifications" means an Application meeting the criteria stated subsection (b)(i) through (iv) below, which shall be processed as an administrative amendment application, and an Application meeting the criteria stated in subsection (b)(vi) 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 subsections (i) through (v) below, as applicable, shall be processed and approved administratively, and shall be entitled to a presumption of compliance with the general criteria for approval set forth in subsection (vi) below; or (II) the general criteria for approval set forth in subsection (vi) below may be processed and approved administratively: 999369.14 42 Exhibit A To July 30 Staff Report (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 and/or traffic capacity of the overall road network within the Property that may require a confirming amendment to this PUD Guide and/or the PUD Master Plan shall be processed and approved administratively. (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 and/or PUD Master Plan, 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 or the PUD Master Plan, including without limitation, any modifications to street extension(s) and/or street alignment(s) as described in Section G.3 of this PUD Guide, any conforming amendment to this PUD Guide or PUD Master Plan, as applicable, that may be required shall be processed and approved administratively. Examples of subdivision related elements that may require a conforming amendment to this PUD Guide or PUD Master Plan include, without limitation, lot line locations, right- of-way locations, internal public or private roadway locations, emergency access locations, utility locations, vacations, Planning Area boundaries, Building Envelope locations and/or areas, and other similar elements. Such conforming amendments shall apply only to the specific Lot(s) or Planning Area(s) affected by the Preliminary Plan or Final Plat the approval of which necessitated the conforming amendment. (v) Planning Area Boundaries and Lot Lines. With the written consent of the Master Developer, an Applicant may amend the PUD Master Plan to increase or decrease the size of any Planning Area to conform the PUD Master Plan to an approved Final Plat or Application therefor that is being processed concurrently with such PUD Master Plan amendment. In addition, with the consent of the Master Developer, an Applicant may amend the PUD Master Plan to relocate or otherwise modify Lot lines and Planning Area boundaries and locations due to site planning or engineering considerations that are not directly associated with an approved or in -process Final Plat or other Application. The foregoing PUD Master Plan amendments and any 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 999369.14 43 Exhibit A To July 30 Staff Report relocation of an entire Planning Area to another location within The Village (at Avon) PUD shall follow the formal amendment process. (vi) Compatible and Adequately Mitigated Modifications. In addition to the specific criteria for approval set forth in subsections (i) through (v) 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. (ii) Upon a complete submittal of the required materials, the Director shall determine, within fifteen (15) days after submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. (iii) If the administrative amendment request complies with subsections (b)(i) through (b)(vi) above, as applicable, it shall be processed administratively and the Director is authorized to approve the request. If the request does not comply with subsections (b)(i) through (b)(vi), 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 and/or a revised PUD Master Plan, as appropriate. 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 999369.14 44 Exhibit A To July 30 Staff Report 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 Master Plan amendment or PUD Guide amendment shall be required with respect to the establishment of the final Building Envelope of a Lot or Site within Planning Area K, it being the intent of this PUD Guide that Building Envelopes within Planning Area K shall be established only pursuant to a Final Plat as otherwise set forth in this PUD Guide. (b) If a modification to this PUD Guide or the PUD Master Plan does not require an amendment pursuant to this Section H.4, the Applicant shall submit to Community Development a revised PUD Guide and/or a revised PUD Master Plan, as applicable, setting forth such modification. Such revised documentation shall be signed by the Master Developer and the owner(s) of record, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. 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). 999369.14 45 Exhibit A To July 30 Staff Report (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. 3. Signs. Signs shall be permitted in all Planning Areas within The Village (at Avon) PUD provided they are in conformance with Design Review Guidelines, the terms and requirements of which comprise the sole and exclusive sign regulations within the Village (at Avon) PUD and expressly supersede any sign regulations set forth in the Municipal Code. All signage and streetscape improvements, including any future modifications to built signage and streetscape improvements, located within public rights-of-way within The Village (at Avon) shall be in conformance with the Manual of Uniform Traffic Control Devices for Streets and Highways. Except as otherwise provided in this Section I.2, the Design Review Board is the sole and exclusive authority for approval of signs within The Village (at Avon) PUD. The Town has approval authority with respect to confirming that signs and landscaping approved by the Design Review Board in the public rights-of-way within The Village (at Avon) PUD relating to safety and traffic control comply with the Manual of Uniform Traffic Control Devices for Streets and Highways. 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 American with Disabilities Act and any other applicable federal regulation as may be amended and as may be applicable in accordance with the provisions of such federal regulations. 999369.14 46 Exhibit A To July 30 Staff Report 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. (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; 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; or (b) Section 7.16.110 (variances) of the Development Code. 999369.14 47 Exhibit A To July 30 Staff Report 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, and compliance with such supplemental design and improvement standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses: (a) Excepting the rear building elevation, building elevations not readily visible from a public right-of-way and building elevations predominantly comprised of glass, a minimum of 20% of the vertical surfaces of the exterior building elevation shall be comprised of stone, concrete or masonry units (brick or split face block); (b) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding and plastic or vinyl siding are not permitted; (c) Pitch roofs shall be unglazed concrete tiles, slate, copper, zinc or standing seem rusty metal (CorTen or equivalent); (d) Flat roofs shall have concrete pavers or natural colored stone as ballast, provided that grass roofs and solar and thermal collectors are permitted; (e) All mechanical 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, and all vent terminations shall be consistent with adjacent materials; (f) All window frames shall be metal clad or alloy extrusions; (g) All window glazing shall be clear or tinted to blend with the environment. 10. Wildlife Mitigation Plan. Development within The Village (at Avon) PUD shall comply with the Wildlife Mitigation Plan attached as Exhibit D to this PUD Guide, which is and shall constitute the sole and exclusive wildlife mitigation measures required for The Village (at Avon) PUD and expressly supersedes any wildlife mitigation regulations set forth in the Municipal Code. 11. Design Review Guidelines. (a) The Master Developer previously has prepared, and the Design Review Board previously has adopted, a Design Review Guidelines which the Design Review Board utilities and shall utilize for review of all development proposals within The Village (at Avon). For portions of the Property south of Interstate 70 and all portions of the Property north of Interstate 70 other than Planning Area RMF -1 and Planning Area K, the Design Guidelines shall contain, at a minimum, the provisions set forth in Exhibit E to this PUD Guide. (b) The Master Developer or the Design Review Board may, in accordance with the terms and conditions of the Design Covenant and the Design Review Guidelines, as applicable, amend the approved and adopted Design Review Guidelines. Amendments to the Design Review Guidelines that do not conflict with any term of or are more stringent than any 999369.14 48 Exhibit A To July 30 Staff Report 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. Enforcement may include, but is not limited to, withholding the issuance of a building permit for the improvement which is the subject of the design review. (d) Nothing in this Section 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, 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 Dwellings and Multi- family Dwellings constructed in Planning Area RMF -1 and in Planning Area K shall include appropriate fire suppression systems pursuant to applicable Eagle River Fire Protection District regulations as may be amended from time to time and applied on a uniform and nondiscriminatory basis within the Town, and the Town may enforce such Eagle River Fire Protection District regulations. The foregoing constitutes the sole and exclusive Residential fire suppression systems for The Village (at Avon) and expressly supersedes any Residential fire suppression regulations set forth in the Municipal Code. 14. Park, Recreation and Trail Access. All parks, recreation and trails facilities the construction, maintenance and operation of which the "Districts" (as described in Section of the Development Agreement) finance shall be open, on a uniform and nondiscriminatory basis, to all residents of the Town at such times and subject to such rules and regulations as the Districts shall prescribe. Additionally, the Master Developer shall facilitate, but shall have no obligation to construct or install, non -motorized access through the Property to off-site trail systems as follows, which obligations shall constitute the sole and exclusive off-site trail 999369.14 49 Exhibit A To July 30 Staff Report 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 OSI, and Master Developer's obligations with respect to public trail connectivity between Planning Area RMF -2 and Planning Area OSI have thereby been fully satisfied as of the Effective Date; and (b) Master Developer shall facilitate, but shall not have the obligation to construct, a trail, sidewalk and/or road to be oriented on a generally east -west axis, and which shall cross the Property solely through Planning Areas I, J, P4, RMF -2 and the most southerly quarter section of Planning Area K. Master Developer shall determine in its sole discretion the location within the Property of such trail, sidewalk and/or road. 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 J.15. The obligations set forth in this section J.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. (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]. (b) Priority in the sale and rental of the units will first go to people employed in the Property, second to people employed in the Town outside of the Property, and third to people employed in Eagle County outside of the Town; provided, however, that within Planning Area RMF -2 the priority in the rental of units qualified as required affordable housing units will first go to people employed in the Town and second to people employed in Eagle County outside of the Town. (c) For -sale units will be targeted to households earning 80% - 120% of the Eagle County Median Family Income (the "ECMFI") as determined by the Department of Housing and Urban Development guidelines or by the Town in the event such guidelines cease to be maintained by the Department of Housing and Urban Development. Not more than fifty percent (50%) of such units may be targeted for sale to households earning 120% of the ECMFI. (d) For -sale units shall be deed restricted to require the following: (i) The sale of units shall be restricted to "Qualified Buyers," defined as follows: (1) An owner who occupies the unit as his or her primary place of residence; 999369.14 50 Exhibit A To July 30 Staff Report (2) An owner who is a full time employee working at least thirty hours per week in the Town or Eagle County, or a retired person who has been a full time employee in the Town or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in the Town or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them; (3) An owner whose household income does not exceed 120 percent of the ECMFI; and (4) An owner whose total current family net assets are not in excess of $225,000.00 ($337,500.00 for a retired person) or whose total current family net assets have not been in excess of $225,000 ($337,500 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index (the "CPI"). For purposes of this subparagraph (4), the CPI shall mean Series ID: CUUSA433SAO (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. 16. Provision of Certain Amenities. 999369.14 51 Exhibit A To July 30 Staff Report (a) Community Park (Planning Area P3). (i) Construction of the initial fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 601St Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200t11 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 PI 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 PI shall be the sole responsibility of the Town. (c) Additional Parkland Dedication. As and when set forth in Section 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 999369.14 52 Exhibit A To July 30 Staff Report (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, level and suitable for playing fields and recreational facilities. (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. 999369.14 53 Exhibit A To July 30 Staff Report EXHIBIT A Legal Description Lots 2, 3 and 4, and Tracts B and E, Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 795007; Lots 1, 5 and 6, and Tracts A, C, D, F and G, Amended Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 898173; Lots 1 through 5, inclusive, and Tracts A through H, inclusive, Final Plat, The Village (at Avon) Filing 2, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 796831; Tracts A, D, E, G and H, Final Plat, The Village (at Avon) Filing 3, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776; and Tracts B and F, Amended Final Plat, The Village (at Avon) Filing 3, A Reconfiguration of Tracts B and F, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 200712166. TOGETHER WITH THE FOLLOWING PARCEL (OS5): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-way line, described as follows: Beginning at the N 1/4 corner of said Section 17; thence S89023'36"E 526.76 feet, along the northerly line of said NE 1/4 of Section 17, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said northerly line of Section 17, the following two courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80°36'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to the right, having a radius of 2486.03 feet, a central angle of 06°04'58", and a chord which bears S83038'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00020'55"W 78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (OS6): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: 999369.14 A-1 Exhibit A To July 30 Staff Report Beginning at the Northeast corner of said Section 17; thence S01041'49"E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, S01041'49"E 73.07 feet, to the centerline of said Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89024'49"W 1037.9 feet; (2) N86°07'49"W 472.00 feet; (3) N89°29'49"W 538.00 feet; (4) S82°33'11 "W 595.15 feet, to the westerly line of said NE 1/4; thence N00°20'55"W 49.18 feet, along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad, said southerly right-of-way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06011'51 ", and a chord which bears N83142'23"E 279.58 feet; (2) N80036'27"E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12024'07", and a chord which bears N86°48'31 "E 685.10 feet; (4) S86059'25"E 1216.38 feet; (5) 112.54 feet along the arc of a curve to the right, having a radius of 2549.33 feet, a central angle of 02031'46". and a chord which bears S85043'31 "E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (EAST PARCEL): Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 8; thence the following four courses along the northerly line of said Section 8: (1) N88140'41"E 1379.49 feet, to the W 1/16 corner of said Section 8 and Section 5 of said Township and Range; (2) N88140'41 "E 1379.49 feet, to the 1/4 corner of said Sections 8 and 5; (3) N88042'58"E 1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4) N88042'58"E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83129'30"E 1386.63 feet, to the W 1/16 corner of said Sections 9 and 4; (2) N83129'30"E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83124'12"E 1386.30 feet, to the E 1/16 corner of said Sections 9 and 4; (4) N83124'12"E 1386.30 feet, to the corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the following two courses along the northerly line of said Section 10: (1) N86039'24"E 1381.29 feet, to the W 1/16 corner of said Sections 10 and 3; (2) N86039'24"E 1299.94 feet; thence, departing said northerly line, S01034'07"W 2699.66 feet, to the east -west centerline of said Section 10; thence, along said east -west centerline, S86032'23"W 1304.06 feet, to the W 1/16 corner of said Section 10; thence S01032'50"W 1349.33 feet, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, to the SW 1/16 corner of said Section 10; thence S86032'47"W 1384.91 feet, along the southerly line of said NW 1/4 SW 1/4, to the S 1/16 corner of said Sections 10 and 9; thence S77010'15"W 1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said Section 9, to the SE 1/16 corner of said Section 9; thence S01033'02"W 1475.32 feet, along the easterly line of the SW 1/4 SE 1/4 of said Section 9, to the E 1/16 corner of said Section 9 and Section 16 of said Township and Range; thence S72020'31 "W 1450.43 feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4 corner of said Sections 9 and 16; thence N01034'18"E 1601.52 feet, to the CS 1/16 corner of said Section 9; thence S86°07'30"W 1378.19 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, to the SW 1/16 corner of said Section 9; thence S01033'13"W 1506.37 feet, along the easterly line of the SW 1/4 SW 1/4 of 999369.14 A-2 Exhibit A To July 30 Staff Report said Section 9, to the W 1/16 corner of said Sections 9 and 16; thence N89055'04"W 1371.96 feet, along the southerly line of said SW 1/4 SW 1/4 to the section corner of said Sections 8, 9, 16, and 17 of said Township and Range; thence N01 °32'00"E 3.82 feet, along the westerly line of Section 9, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks; thence the following two courses along said northerly right-of-way line: (1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02°15'34", and a chord which bears N85051'36"W 104.47 feet; (2) N86°59'25"W 1213.28 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51'07"E 1337.77 feet, along said westerly line, to the SE 1/16 corner of said Section 8; thence N89054'54"W 1333.58 feet, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the CS 1/16 corner of said Section 8; thence N89058'35"W 1366.46 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to the SW 1/16 corner of said Section 8; thence S00001'37"E 919.47 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 8, to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following ten courses along said northerly right-of-way line: (1) N65030'20"W 249.79 feet; (2) N78047'50"W 317.2 feet; (3) N83108'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 feet, a central angle of 30015'52", and a chord which bears N54057'56"W 763.3 feet; (5) N34037'50"W 331.1 feet; (6) N34044'20"W 368.5 feet; (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet, a central angle of 25027'04", and a chord which bears N51029'50"W 798.3 feet; (8) N68024'50"W 399.7 feet; (9) N49°47'20"W 213.6 feet; (10) N70°20'50"W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the following two courses along said northerly line: (1) N89050'40"E 1194.46 feet, to the CE 1/16 corner of said Section 7; (2) N89050'40"E 1378.25 feet, to the 1/4 corner of said Sections 7 and 8; thence the following two courses along the westerly line of said Section 8: (1) N00010'53"W 1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00010'53"W 1369.10 feet, to the point of beginning. EXCLUDING from above The Village (at Avon) Filing 3 according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776. Said East Parcel containing 1366.95 acres, more or less, with The Village (at Avon) Filing 3 area subtracted. All of the above-described Property containing 1,780 acres, more or less. 999369.14 A-3 Exhibit A To July 30 Staff Report EXHIBIT B PUD Master Plan [to be inserted] 999369.14 B-1 Exhibit A To July 30 Staff Report EXHIBIT C The Village (at Avon) Parking Regulations A. Relationship to Municipal Code and Development Code. Parking within The Village (at Avon) PUD shall be in conformance with these Off Street Parking Regulations, 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 or the Development Code, including without limitation, any additional or conflicting such provisions, and no such provisions of the Municipal Code or Development Code apply to The Village (at Avon) PUD even if not otherwise addressed in these Off Street Parking Regulations or any other part of The Village (at Avon) PUD - B. Parking Table. All required parking shall be provided in accordance with the parking requirements as set forth in the parking table or as otherwise allowed by these regulations. TYPE OF LAND USE 1. Residential Land Use Per dwelling Unit: Single-family or duplex Multifamily building and townhouses Studio One bedroom All others Per accommodation unit including lockoffs: One bedroom Over one bedroom Guest parking spaces: Multifamily and townhouses 3 - - 5 lints 5 - - 10 units 11 - - 15 units lb - - 20 units 21 - - 25 units 999369.14 C-1 MINEVfUM REQUIREMENTS 2 spaces 1 unit 3 spaces 1 unit for units over 2,500 sq. ft. not including garage 1 space 1-112 spaces 2 spaces 1 space 1 space plus '/2 space for each additional bedroom in excess of one 2 spaces 3 spaces 4 spaces 5 spaces 6 spaces Exhibit A To July 30 Staff Report TYPE OF LAND USE MINfNnTNI RE—Q-,-IR-EMENTS over 25 units 7 spaces plus I space for each 5 units in excess of 25 tip to a maximuni of 10 additional spaces Timesharina units: 2. Conunercial Land Use Shopping and convenience goods retail 1 space per 600 square feet but not less than 1 space per unit unless reduced as part of a mixed-use project reductioll 4 ," 1000 sq. ft. of Gross Square Footage Personal services & repairs est. 3 r 1000 sq. ft. of Gross Square Business & professional services Footage Office buildn'Igs & banks (except drive -nil banks) Drive-in banks 3 r" 1000 sq. ft. of Gross Square Footage plus 5 storage spaces: outside teller window or drop station Restaurants - Food consumed within 1 60 sq. ft. of seating area structure only. outside patio with a bar or restaurant do not require any parkn'ICE Restaurants - Carry out only Restaurants with drive -lip wllido-�v Sen -ice stations Commercial recreation facilities, bowling alleys Tennis courts Handball & racquetball courts 999369.14 C-2 101440 1000 sq. ft. of Gross Square Footaae 1 60 sq. ft. of seatilig area plus storage for car drive -up Window 2 / 11000 sq, ft. of Giross Square Footage 4 i' alley plus I / employee 4 "' court plus I / employee 2 / couit plus I employee TYPE OF LAND USE Sly imillina pools Skating rinks 3. Industrial Land Uses Manufactining plants, warehousing Wholesaling establishments, Freight ternlu'lals 4. Educational Land Uses Nursery schools & day care E tenientary & junior high scho o Is Senior high schools Trade schools Exhibit A To July 30 Staff Report MINIMUM REQUIREMENTS 20/ 1000 sq. ft. of water surface area 10 1000 sq. ft. of Gross Square FootaRe I / 800 sq. ft. if Gross Square Footage 2' 1000 sq. ft. of Gross Square Foota2e I employee I. employee phis I each 6 students based on design Capacity 1. each' students 5, Medical Land Uses Doctor's offices. including optometrist. 5 i'1000 sq. ft. of Gross Square media. dental. chiropractor, chiropodist Footage and all others Hospitals 6, Office Buildings Auditol'iUms. theaters., stadillms and arenas Museunis and libraries Public -utihfies companies 999369.14 C-3 I i"bed I 4 seats 4 1 1000 sq. ft. of Gross Square Footage 3 / 1000 sq. ft. of Gross Square Footage Exhibit A To July 30 Staff Report TYPE OF LAND USE MINIMUM REC7 = TP-7NIEtiTS Other Land Uses Churches 1 ,' each 3 seats provided in main seating area Chubs and lodges 5 r 1440 sq. ft. of Gross Square Footage Other rises As determined by the Director C. Parking Facilities Generally. The parking requirements set forth in these Off Street Parking Regulations may be satisfied by the provision of off street surface parking lots and/or Parking'Stiucture(s). Such surface parking lots and Parking :Structures niay be situated oil the same or different Site as the Use(s) to be served by such parking facilities so long as the harking facilities satisfy the requirements of these Off Street Parking regulations. including without limitation. the required number of parking spaces for the Use(s) to be served thereby. Surface parking lots and Parking 'Structures. whether situated on the same or different Site as the Uses(s) to be served by such parking facilities. may be owned by a different Owner than tine Owners. leasehold interest holders, licensees.. or perYnnitees, as applicable, of the 'Site or applicable portion thereof that contains the Use(s) served by such parking facility. Nomithstanding the foregoing. the requirements of Section D.3 below shall apply if (i) the parking facility is situated on a different Site as the Use(s) to be served by such facility, (ii) the parking facility is Private Parking: and (iii) the Owner of the Site upon which the Private Parking is situated is different than an Ow -leer. or leasehold interest otviier, as applicable. of the Site for the Use served by. such Private Parking. The provisions of Section D below with respect to reduction in parking requirements for Mixed -Use Projects or shared parking facilities shall apply to parking facilities situated on the same or different Site as the Use(s) to be served by such parking facilities. 'Where an Applicant within The Village (at Avon) has constructed. or proposes to construct. shared off street parking facilities (including without limitation. Parking Structure(s)). all or a part of the parking spaces required for any Use within the applicable development project may be provided within such facilities. D, Reduction in Parking Requirements for Mixed -Use Projects or Shared Facilities. 1. Shared Parking: Projects and Minimuinn Number of Parkiia Spaces. Ctirnulative parking requirennents for rnnixed-use occupancies or shared facilities may be reduced where it can be deterYniined that the peak requirements of the several occupancies occur at different tines (zither daily or seasonally). (a) The nnininum number of parking spaces for a shared use project shall be determined by utilising tile procedures of the Urban Land Institute Shared Parking Manual. The study shall be reviewed by the approval of the Director. The actual number of parking spaces required shall be based on local demand rates. if available, except that default rates from the CLI manual may be used where it is impractical to deterinine "local" demand rates. (For example. to 999369.14 C-4 Exhibit A To July 30 Staff Report proposed land use that is not found locally, or -i hose annual peak season is tors far in the firture to wait to do a survey are cases where national default rates are appropriate). (b) For the purpose of determining the greatest of the aggregate gross minimririx numbers of parking spaces for nighttirue.. daytime. and evening periods, the follo,,%-iug rules shall be applied: (1) The minimum munber of ,parking spaces that are to be provided and maintained for each use sliall be dc-terrinned by identifying the use iri the colunui entitled "Type of Land Use" and the corresponding minirilum niunber of parking spaces in the same row. (ii) The gross ruirrimuin ni inber of parking spaces shall be multiplied by the "occupancy rate" shown in Tables 1 and ? for each use for the weekday night. dayti ie and evening periods. and weekend rii¢lit. daytime and everiing periods respectively. (iii) The gross niininiurn numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross nlininium numbers of parking spaces for each time period. (c) The larger of the aggregate gross niininrurn numbers of parking spaces for each time period shall be detemiiried and shall be the miriiniuni number of spaces provided for the Mixed -Use Prc+ject. (d) Parking spaces to be shared cannot be reserved for specific Uses or individuals except diming off-peak hours. Spaces for residents may not be shared. although guest spaces and extra residents' spaces beyond miriixiruni requirements may be shared -with nonresidential uses. Table 1 Weekday Parking Occupancy Rates - Percent of Basic Minuuinn Deeded During Time period Uses Ni-pekday Fight Weekday Day 'Wtekday Evening Alid night - b am 8 am - 5 pm 6 pm - Midnight Residential' 100% 80% 100% Office 5 100 20 Commercial -Retail 5 90 s0 Hotel + 100 80 100 Restaurant to 70 100 Movie Theater 10 40 so Entertainment 10 40 100 Conference/Convention 5 100 100 .fast food, breakfast or lunch -oriented establishment = 100 percent_ +Excludes conference/convention facilities. The minimum requirements for resident's own spaces must be met in exclusive (nonshared) parkins, but guest parking and extra resident's parking may be shared. 999369.14 C-5 Exhibit A To July 30 Staff Report Table 2 Weekend Parking Occupancy Plates - Percent of Basic Minimum Needed During Time period Uses Weekend Night Weekeud Day Weekend Evening Midnight - 6 am 8 am - 5 Pin 6 pm -Midnight Residential 100 10 80110 100% Office 5 5 5 Commercial -Retail 5 100 70 Hotel T 100 so 100 Restaurant 20 70 100 Mo%ie. Theater 10 80 100 Entertainment 50 80 100 Conference Convention 5 100 100 .Fast food, breakfast or lunch -oriented establishment = 100 percent. 'Excludes conferencelcon,,,ention facilities. The minimum requirements for resident's o,6N-n spaces must be met in exclusi,,,e (nonshared) parking, but guest parking and extra resident's parking may be shared - 2. Captive Market Parking Requirements. In addition to the reduction in parking requirements for Mixed -Use Projects. park -Ing requirements for retail. restaurant. hotel. convention and conference Uses may be reduced where it can be determined that solne portion of the patronage of these businesses comes fi-om other Uses (e,g.. employees of area offices Patronizing restaurants) located within a maximuni walking distance of 500 feet. Parkine requirements may be reduced up to 90 percent as appropriate with approval of the Director. (a) Procedure: The Director may approve a reduction in required parking spaces based upon the provisions of these Off Street Parking Regulations. Applications for such a reduction must be submitted in writuig accompanied by the following: (i) A parking demand analysis prepared by a qualified parking or traffic consultant. which substantiates the basis for granting a reduced number of spaces.. (ii) Shared parking operations plan showing that: (A) Parking spaces intended for shared parking conveniently sere°e the land uses intended. (B) Consideration is given to the appropriate location and layout of high vs. low turnover parking spaces. (C) Any controlled parking such as paid. gated or valet parking areas should be locked in such a niallner as to control ftirnover rates but not prohibit some Parkers from using all spaces. (D) Directional signage is provided directuiia drivers to the most convenient parking areas for each particular land use (if such distinctions can be made). 999369.14 C-6 Exhibit A To July 30 Staff Report (E) Pedestrian links between parking areas and land rises are as direct and short as possible. (F) Safety and security are einsui•ed and maintained at the parking facility through a comprehensive prograinn including. but not limited to. signing. lighting and television monitoring. if warranted. (b) The owners agree that. before a change in use or operating hours that could increase peak parking dennand by at least 10 percent. a follow-up study shall be provided analyzing the change in demand patterns. Any forecast deficiency must be nnet by the construction of additional parking spaces, payment of in -lieu fees. or suppoit of shuttle service or other employee hip reduction program satisfactory to the Toxon. 3. Aareelnent Reizardina Shared ParkiaL, Facilities. If Private Parking is to serve two or more Site's oxviled by different Owners or leasehold interest owners. then a legal agreement between the Owner of the Private Parking and the 0-a-ner or leasehold interest oxviler. as applicable, of the Sites served by such Private Parking is required that grants a legal right to utilize such Private Parking for such Use (i.e.. a lease. license or other use agreement) and indicates re'spQlnslbllrtles for operating. rnailntainiing and accepting liability for personal injury and property damage. Unless explicitly stated to the contrary. the Owner of the Site upon which the Private Perking is situated accepts responsibility for operating. maintaining and accepting liability for personal injury and property dani<age. 4. Walking Distance and Pedestrian Connections.. Shared spaces nmst be located xvithiln 500 feet of the principal building entrances of all sharing Uses. However. up to 20 percent of the spaces may be located greater than 500 feet but less than 1.000 feet from the principal entrances if they do not serve Residential Uses. Clear, safe pedestrian connections must be provided. requiring no at glade crossing of an arterial street except at a signalized intersection along the pedestrian patlnvay. Up to 75 percent of nonresidential spaces may be provided at greater distances if dedicated shuttle bels or van service is provided from a remote parking facility. The service plan and performance guarantees for such a shuttle service or van service roust be approved by the Director. 5. Valet and Tandem Parking. Valet or tandem (double -length) parking, may be used to meet shared parking requirements or supported by a shared parking operations plan. Tandem spaces may only be used for residents and business fleet operations. E. Parking Space Size Reduction for Compact Cars. Up to 30 percent of the total number of parking spaces provided by off street surface parking lots or Parking Structures on Sites containing 25 or more parking spaces Mayr be reduced in size doxvin to a mil iilliutn of eight feet in width by sixteen feet in length for use by compact cars. Such spaces shall be clearly signed for compact cars only and marked i ith double yelloxv striping. 999369.14 C-7 Exhibit A To July 30 Staff Report EXHIBIT D Wildlife Mitigation Plan 1. Introduction. This Wildlife Mitigation Plan was developed to avoid, minimize, and mitigate wildlife impacts resulting from The Village (at Avon) development proposal. The specifics contained herein have evolved from existing wildlife information, results of field surveys, discussions, meetings, and site visits with Colorado Division of Wildlife ("CDOW") representatives, and meetings and discussions with staff and professionals representing owners. 2. Wildlife Mitigation Plan. The Master Developer and Developer Affiliates, their respective successors or assigns, including the possibility of one or more homeowners or property owner association(s), and/or one or more public improvement companies (any of which shall be referred to as an "Association"), which have been or may be formed and which may undertake the Master Developer's and Developer Affiliates' responsibilities under this Agreement, hereby agree to the following stipulations in conjunction with The Village (at Avon) PUD. 3. Winter Rangepensation. (a) To compensate for the Elk Winter Range habitat loss associated with the development, a private The Village (at Avon) Wildlife Trust Fund ("Fund") shall be established at or before the issuance of the first building permit associated with residential development north of I-70. Interest generated by this Fund shall be spent only in Game Management Unit 36 or 35 to benefit animals in the herd actually affected by winter range loss north of I-70. Furthermore, interest generated by this Fund shall only be used to actually implement enhancement efforts. The Fund shall not be used to pay for Fund administration, consultants, and other incidental expenses. Disbursement and use of funds shall be overseen by an Association. CDOW participation shall be requested at meetings where habitat enhancement is being considered. Fund disbursement may include payments to the CDOW or a similar trust fund (e.g., the Colorado Wildlife Heritage Foundation) to allow the CDOW to coordinate enhancement efforts in the Eagle Valley. This approach should help maintain the functional value of the affected winter range, (b) Fund principal shall be based on winter range losses associated with the development. At full build -out, The Village (at Avon) development would encroach upon 155 acres of native habitat on the property designated elk winter range. Compensation is based on (a) the loss of 155 acres of winter range; (b) the need to treat (via aerial fertilization) 1.57 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected; (c) current fertilization costs of $65.00/acre (in 1998 dollars); and (d) an interest rate of 5%, which would require $5,275.98 to implement the enhancement in 1998. Fund principal required to generate this amount of interest every three years would require a one-time payment of principal totaling $105,519.70 (in 1998 dollars). This amount shall be deposited into the Fund upon the Fund's establishment. 4. Setbacks. 999369.14 D- I Exhibit A To July 30 Staff Report (a) A 100 -foot setback from the closest edge of Building Envelopes of conceptual Lots 76, 78, 80, 81, 82, 86, 87, 96, 97, 109, 110, 119 and 120 adjacent to U.S. Forest Service lands along the northern property boundary of Planning Area K to both buffer residential activities from public lands and public activities (e.g., principally hunting and other recreational uses) from the adjacent residences shall be provided. (b) The stream setback provisions set forth in Section J.13 of The Village (at Avon) PUD shall apply to The Village (at Avon). Impacts to jurisdictional wetlands shall be protected by the Clean Water Act. 5. Building Envelopes. (a) Building envelopes and rules governing the location and distribution of all structures, surrounding yards, and all disturbance to native vegetation, with the exceptions of utilities, driveways, etc., for single-family Residential Uses north of I-70 are set forth in Section D (Development Standards) of The Village (at Avon) PUD and are governed by The Village (at Avon) PUD. It is the intent that Building Envelopes in Planning Area K be clustered to concentrate disturbance areas and leave large blocks of undeveloped habitat. This measure helps insure that development follows a design minimizing habitat losses and facilitating continued wildlife movements through, and use of, the Property. No vegetative manipulation shall be permitted outside of designated Building Envelopes except as allowed by the PUD Guide and/or where manipulation is required as part of any valid wildlife enhancement program, as authorized to reduce wildfire potential, or for access roads, driveways, parking areas and utility installation. The objective of this measure is to minimize the amount of natural habitat loss and maintain existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. Homeowners shall be educated to appreciate and maintain the existing vegetative community, particularly forests and shrubby areas which provide critical wildlife cover and forage values. (b) Upon conceptual Lots 90-113 any required tree/shrub clearing for wildfire mitigation shall be contained within the designated envelope. (c) The area of fertilized, irrigated landscaping each Dwelling Unit is permitted to have shall be restricted to < 5,000 square feet. Residents shall also be educated to recognize that they have moved into wildlife habitat, that some wildlife shall have strong compulsions to eat what homeowners plant, and that the CDOW shall not be liable for wildlife damage to landscaping. 6. Open Space. (a) Approximately 483 acres (OS -1 and a portion of Planning Area K as set forth on the PUD Master Plan) north of I-70 have been designated as open space. These areas include some of the most valuable winter range, migration corridors, and other important wildlife habitat on the Property. It is the intention that OS -1 and at least 384 acres of Planning Area K function primarily as wildlife habitat. Other subdivision uses may occur in these areas, however, these areas shall be preserved primarily in their undeveloped condition and managed to further enhance wildlife values. 999369.14 D-2 Exhibit A To July 30 Staff Report (b) In addition, the portion of Planning Area K that shall be located within future Lots for single family Residential Use but outside of the future designated Building Envelopes of those Lots shall function as private open space. To facilitate habitat management and enhancement on these Lots and as an additional measure precluding development outside of envelopes, areas on all such Lots outside of designated Building Envelopes and easements north of I-70 shall be protected as open space under provisions of The Village (at Avon) protective covenants to be recorded in connection with future subdivision of Planning Area K. 7. Main Deer Movement Corridor. The Village (at Avon) agrees to maintain a deer movement corridor of a minimum width of 800 feet between the western edge of the Building Envelope for conceptual Lots 112 and 113 and the eastern edge of the Building Envelopes for conceptual Lots 108, 110 and 111 as depicted on the PUD Master Plan. No amendment to the location of these Building Envelopes shall be permitted that results in any encroachment into this 800' wide designated movement corridor. 8. Roads North of Interstate Highway 70. (a) Road design and use through portions of The Village (at Avon) has the potential to disrupt migratory elk movements, local elk movements, and affect habitat use. The posted speed limit (25 mph) is generally slow enough to avoid most wildlife mortality; however, residents, guests, and contractors frequently exceed posted speed limits in similar, adjacent residential developments. The Village (at Avon) roads shall be designed to incorporate features requiring low vehicle speeds to reduce road -kill mortality and facilitate migratory movements across roads. (b) Road widths shall be as set forth in Exhibit E (Street Standards) to the PUD Guide to force slower operating speeds and adjusted to the number of residences being served by the road. There shall be no bike lanes or paved road shoulders beyond conceptual Lot 84. Cut and fill slopes in the vicinity of the main migration corridor and along gulches may require additional grading or design to facilitate wildlife movements. Any necessary guard rails installed along road sections within wildlife corridors shall be designed to allow wildlife movements. Standard guard rails restrict wildlife movements and can increase wildlife -vehicle collisions. Signage providing for restricted access to all single family Residential Uses within Planning Area K shall be installed. 9. Trails. (a) With the exception of public access through the Property along an existing trail through OS -1, there shall be no public access through the Property to U.S. Forest Service lands to the north. Public access and access for The Village (at Avon) along the trail through OS -1 shall be limited to foot traffic only. Seasonal restrictions shall be associated with this trail to ensure use is compatible with important wildlife use on and adjacent to the Property (see below). (b) No other trails shall be developed within the Protected Wildlife Habitat (defined below in Section 10) on the Property without the agreement of the CDOW, except for 999369.14 D-3 Exhibit A To July 30 Staff Report an access trail/path/emergency vehicle access connecting Planning Area RMF -2 to OS -2 and P- 3. 10. Seasonal Use Restrictions. Seasonal use restrictions shall be imposed and enforced on homeowners, guests, employees, and the public to optimize wildlife use on and adjacent to the Property. (a) General Protected Wildlife Habitat Restrictions. Recreational uses of OS - 1 and the open space areas of Planning Area K (hereinafter "Protected Wildlife Habitat" or "PWH") shall be restricted during the winter range occupancy period extending from December 15 to April 15. Recreational use, including nordic skiing, hiking, bicycling, equestrian use, etc., within these areas should be restricted from the above defined PWH from December 15 to April 15. (b) Additional Restrictions Within the Main Deer Movement Corridor. (i) In addition to the seasonal, winter range -related restrictions presented above in Section 10(a), road and home construction activities east of Traer Creek, within the designated 800' wide main deer movement corridor, shall be restricted to reduce conflicts with deer migration. Road construction within the designated 800' wide corridor is prohibited during the spring (May 1 to June 15 [dates inclusive]) and fall (October 1 to December 1 [dates inclusive]) migration periods. The purpose of this measure is to eliminate disturbances (i.e., human activity) and barriers (e.g., incomplete cut and fill slopes) within the migration corridor that could alter movements. (ii) Home construction on conceptual Lots 105-112 could occur throughout the year, however, daily outdoor construction periods on individual lots (excluding construction worker travel (i.e., arrival and departure) shall be restricted to the period between 6:30 a.m. and 5:30 p.m. hours during spring migration (defined above) and 7:30 a.m. and 4:15 p.m. hours during fall migration (defined above). This shall facilitate the largely nocturnal and crepuscular migration to occur through the existing corridor with reduced human disturbance. (c) Access Restrictions to U.S. Forest Service Lands. To protect spring deer migration and elk winter range, migration, and calving values on U.S. Forest Service lands north of The Village (at Avon), the public trail running through OS -1 shall be closed to all use from December 15 to June 30, dates inclusive. (d) Enforcement. These seasonal/areal restrictions shall be enforceable by the Master Developer, the Developer Affiliates and/or Association(s), as applicable. Homeowners shall also be educated about these closures on and adjacent to the Property via a "Living with Wildlife" homeowners book. Furthermore, because these conditions are part of The Village (at Avon) PUD, the Town, CDOW, and U.S. Forest Service may also enforce these restrictions, within their respective jurisdictions. 11. Reclamation/Landscaping. 999369.14 D-4 Exhibit A To July 30 Staff Report (a) Native wildlife habitats disturbed by construction activity outside of Building Envelopes in PWH should be reseeded or replanted with those native plant species originally present. Where service access is required, the re -planting of trees could be prohibited from utility corridors. Re -planting along road shoulders can exclude trees and shrubs to maximize vertical and horizontal sight -distances and reduce the probability of road -killed wildlife. Vehicle speeds within the development on roads north of I-70 should be slow enough that road shoulders could be reseeded with plants palatable to big game without increasing the probability of road -kills. (b) Homeowners are strongly encouraged to landscape with native plant species to avoid wildlife damage. The CDOW shall not be liable for wildlife damage to landscaping. The Design Review Board shall provide a list of suitable landscaping materials, their maintenance and protection, to homeowners. 12. Dogs and Pet Control. (a) Owners of each residential lot shall be permitted to harbor up to two dogs and offspring up to three months old. Residents shall be prohibited from harboring dogs outside on their property unless they have adequate facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent to the home, within the applicable Building Envelope, and shall not exceed 1,000 square feet. Homeowners are encouraged to completely cover runs (including tops) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain the resident's dog(s), the animals shall be immediately removed from the subdivision until adequate structures can be built. (b) At no time are dogs to be allowed to run freely anywhere on the Property. When dogs move beyond their owner's property line, the dog must be controlled by a leash of no more than 12 feet in length, under the direct control of its owner or authorized representative. Visitors shall be discouraged from bringing dogs on-site. (c) The Master Developer, Developer Affiliates and/or Association(s), as applicable, shall be responsible for enforcing the dog and pet covenants set forth herein. Stray dogs may also be controlled by the Town and CDOW. Homeowners not in compliance with these dog restrictions shall be responsible for any and all costs incurred by the Master Developer, Developer Affiliates, Association(s), the County of Eagle and/or CDOW for enforcing these provisions. (d) Homeowners should be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. (e) Contractors shall be prohibited from bringing dogs onto the Property, even if they would be kept inside vehicles. 13. Fencing. (a) Fencing within The Village (at Avon) north of I-70 shall be restricted to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Fencing approval shall be under the purview of the Design Review Board. 999369.14 D-5 Exhibit A To July 30 Staff Report Homeowners shall be permitted a 6' high privacy fence to enclose up to 2,500 square feet, provided it is immediately adjacent to the house and it is entirely within the designated Building Envelope, unless specifically approved by the Design Review Board. All other fencing shall be prohibited. Where fencing is required to be installed to restrict domestic livestock on adjacent properties, it shall be compatible with wildlife movements and conform to the following specifications: (i) Wildlife compatible fencing is permitted to a maximum of 3 strands of wire (smooth wire preferred) or 3 rails. Rails shall not be more that 4 inches tall. (ii) The top rail or wire strand shall not be higher than 42 inches above mean ground level. With the exception of a split rail design, a rail fence shall not have a top rail oriented horizontally whose width perpendicular to the ground exceeds 1 inch. This measure is to prevent snow accumulation on the top rail from restricting big game movements. (iii) The middle wire strand shall be no higher than 30 inches above mean ground level, providing a 12 inch kickspace below the top strand. (iv) The bottom rail or wire strand shall be at least 18 inches above mean ground level, to provide sufficient clearance for passage of elk calves, deer fawns, and other wildlife. (b) Fencing may be subject to more restrictive provisions as stated in the Design Guidelines. 14. Bears and Mountain Lions/Trash Removal/Nuisance Wildlife. (a) Bear and Related Issues. The following measures shall be required to reduce potential bear problems: (i) There shall be no outside storage of any trash or garbage, no matter how briefly (e.g. overnight), at any Dwelling Unit or anywhere within the development, unless it is contained within individual bear -proof containers which meet North American Bear Society, CDOW or U.S. National Park Service specifications. (ii) Prior to disposal, any refuse that might attract bears should be kept within the garbage in a suitable receptacle with a tight -fitting lid. Refuse should not be kept within detached garages or sheds because these structures are more likely to be broken into by bears. Trash containers should be taken to the collection points (e.g., the end of the driveways) the morning of collection and not put out the night before. (iii) There shall be no dumps or underground disposal of refuse within The Village (at Avon). Buried garbage may attract bears. (iv) Residents should be discouraged from using a garden compost pile, unless the compost pile is bear -proof, meeting North American Bear Society, CDOW or 999369.14 D-6 Exhibit A To July 30 Staff Report U.S. National Park Service specifications. Residents shall also be educated that household and garden waste contributions to compost piles compose the materials that can attract bears and other nuisance wildlife (e.g. skunks), creating conflicts. Composted yard waste consisting of leaves, grass, small branches, etc. do not usually attract bears. (v) Pets shall not be fed outside. Bowls of pet food left on the back deck may attract bears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry diseases that can be transmitted to pets. (vi) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. (vii) Homeowners shall be educated about bears and other local wildlife via the CDOW's brochure entitled "Living with Wildlife in Bear Country." One copy of the brochure shall be provided to each homeowner at closing. (b) Mountain Lions. (i) All residents and perspective residents shall receive a copy of the CDOW's brochure entitled "Living with Wildlife in Mountain Lion Country." One copy of the brochure shall be provided to each homeowner at closing. (ii) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. 15. Horses. Except as may be permitted in the PUD Guide and except for pre- existing uses, there shall be no boarding of horses or other livestock, including but not limited to llamas, on individual Lots or community facilities within the Property. Any horses owned by residents of the Village (at Avon) shall be boarded off-site. Residents of The Village (at Avon) shall not be permitted a temporary "saddle -up" area, corral, or other fenced areas to allow horses to be kept overnight, over a weekend, or for any length of time on their Lot. 16. Wildlife Mortality on Local Roads. (a) Posted vehicle speed limits on proposed roads within The Village (at Avon) north of I-70 shall be as set forth in Exhibit E (Street Standards) to the PUD Guide. To reduce road mortality associated with speeding, road design is recommended (see Section 7 above) to force motorists to obey the speed limit. (b) The Village (at Avon) is also accessed by high speed roads, including I-70 and Highway 6, where moderate numbers of deer and elk are killed by vehicles each year. Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. The Village (at Avon) residents should be educated about avoiding wildlife mortality on roads in any educational information that is developed. 999369.14 D-7 Exhibit A To July 30 Staff Report 17. Hunting. Hunting is the primary management tool the CDOW uses to balance wildlife populations with available habitat. Inadequate hunter access and/or hunter harvest shall allow populations to grow, increasing game damage on the Property and adjacent properties. Hunting by authorized residents of The Village (at Avon) or guided guests, could continue on the Property as long as safely allowed. However, it is required that all prospective hunters must receive written permission to hunt a specified area by the Master Developer or its designee. Secondly, the Master Developer shall decide what type and level of hunting, if any, is compatible with development, what areas may be safely hunted, and when all hunting on the Property shall be terminated as the Property builds out. 18. Educating Residents. Homeowners shall be educated about wildlife issues within the Property by providing each homeowner one copy of this Wildlife Mitigation Agreement at the time of closing and copies of the CDOW bear and mountain lion brochures. Other wildlife - related education sources could include a "Living with Wildlife" book similar to that prepared for other surrounding subdivisions located in sensitive wildlife habitats. 999369.14 D-8 Exhibit A To July 30 Staff Report EXHIBIT E Minimum Design Guideline Standards I INTRODUCTION The general concept of these guidelines is to provide for certain minimum guidelines for the design of improvements {within The 'pillage (at Avon). The Village (at Avon) Design Review Board will prepare, adopt, and utilize a moire detailed design mview guide, This set of mum guide es is intended to provide cerin assurances to the Town of Avon with regard to the matters covered below, A. Overall Deign Theme The overall design theme for The Village (at Avon) is to establish an attractive appearance for visitors and residents and yet be flexible enough to allow for affordable design solutions. In addition to the ,guidelines established within this document, ne Village (at Avon) will be preparing detailed supplementary architectural site planning, landscape design guidelines for various areas within the project, and adopting Design Review Board Rules and Procedures, B. Purpose of the Guldelines The purpose of this document is to establish certain, nliny urn deign guidelines fur The Village (at Avon) and to serve as a tool for making design decisions as the project evolves, In addition to the Design Guidelines, there are several other documents that may affect the design and development of property within this study area. It is strongly recommended thatdevelopers, architects, and property owners review these docurnents prior to rnaki g any developmentldesign decisions. These documents include The Village (at Avon) PUD Guide, covenants, and Town of Avon bui [ding codes. Contacting The Viliage (at Avon) Design Review Hoard and the Town of Avon Deparh ent of Commumty Development to review and discuss these and other pertinent documents is a prudent forst step in the design/development process, 999369.14 E-1 Exhibit A To July 30 Staff Report 11 DESIGN REVIRW PROCEDURE The design review requirements for The Village (at Avon) will follow timeframes and submittal requirements as deschbed in The Village (at Avon) Design kuview Board Guidelines, Rules and Procedures.. In order to facilitate development approval, site [)Ll'. ;tn11 a c°hitee_ctu-al should occur as a coordinated process. The applicant should be marc. ,-aC rcvWW mnct-abler ;end should structure plan submissions so that sufficient time For plarl Triodi lrrc ations, can be scheduled. A. Pre -Application Conference Prior to the formal submittal of any request for approval to proceed with building sits; improvements, an informal pre -application conference shall be held bets een the applicant and the Design Ro lcw Board, This cor7furencc shall serve, to acquaint the appiicarit with the Design 6uldelines and to allow staff to b,e me familiar wi% the applicant's development intent and Jcsigri philosophy. A schematic site plan and building concept drawings aid in discussion at this conference, however applicants are cnc011ra-ed not to prepare detailed designs which might require extter;tisive revision as a result of the pre -application conference. An applicant should bring the following iinformati on :[r a brlef summary: • {f_rener`u project concept • Specrl!tc uses pmposcd, and tnt nsify of use propcscd (floor area a"d parking demand) • Proposed corrstrcrction dining General concepts ccinceroirr ; h uj lcling sii,,e an eaterlcrrmaterials, aucd site plan concepts.: - An exterior materials package including, roof maternal and color, wall treatment, glass and &7.ing. N Site plan concepts including sits; organization, landscaping, trtrg tiorp, grading, It ]itin _ and signs. B. Governing Authority and Regulations The Village (at Avon) Design Review Board is charged with the function of reviewing and acting upon the general design and appearance of any building, construction, pavin.t-,, gracling or landscaping proposed on any lot or paruel of land within The Viiia e (at Avon). The Village (at Avon) Design l,tv: lcw Board will review any building, building alteration, landscaping, or signage proposed Within The Village (at Avon) will bo mviowed for wrnphancc With the rrritmrium guidelines 999369.14 E_2 Exhibit A To July 30 Staff Report estabbsW in this document as well as additional guidellne.s croated by The Village (at Avon) Design Review Board. III URBAN DESIGN Urban Design, as related to these guidelines, refers to all aspects of the development, excluding architecture, within the urbanized area of The 'Village (at Avon) south of interstate Highway 70. It includes the relationship of building to site and outdoor spaces, parking areas and actress, pedestrianways and sidewalks, Landscaping, streetscapes and strcet furnitwre, sculptum, signs, fencing, and lighting. Generally all those elements that create the image of a Town and how they are combined arc considered the Urban Design. A. General Resign Considerations Surrounding the buildings and along the public gays, landscape plantings, wralk&, public lighting, site furnishings, amici signage should create a year- round, coherent and festive atmosph=. It is the wnabinattion of the architectaiml and landscape styles that gill create The Viilage (at Avon). Landscaping should be considered an integral part of the design of all proXects. Individual properties should be designed to respect and enhance the design of s#reetscapes. The most appropriate shrubs and trees are those that are known to be hardy, and which have a natural appearance within Avon's mountain -valley location. B. Area Wide Guidelines Siting Conditions Buildings and other improvements should be individuaily designed for the site. on which they are to be placed. The site and its relationship to other structures, scenic values, views and climatic ,orientation should be the dominant factors in the design and siting, of buildings. Pedestrian accessvways should be incorporated inter the site designs. Buildings and improvements should be designed and sited to conform to the terrain and to take advantage of views. Terraced buildings and parking will minimise site disturbance, provide less costly construction and provide opportunities for privacy and views by grade separation. Passive solar design as a component of the architectural design of individual buildings is encouraged. 999369.14 E_3 Exhibit A To July 30 Staff Report The use of sun exposure -reducing doments shell as overilalIgs, lac rg�sla's, canopies, eaves and awnings can be dessigned as integral components of the amhitectural design. Outdoor spaces such as courtyards and plazas can have southern exposure to extend the periods of seasonal use and cornfort. However, within these spaces, there should be, a variety of sun and shade conditions to allow full use during the extreme heat of summer rraonths and take advantage of warm winter days. North .facing entries and outdoor spaces should be carefully considered because of winter conditions. Complete vehicular circulation, including back up and turn around areas, if applicable musk be provided. Permanent parking areas must be concrete, asphalt, or other lard surface with spaces clearly marked. Two handicapped stalls per cath 100 stalls is re mmended. Snow storago areas ecluahng 15% of all outdoor surface -parking areas are recommended. Driveway or maneuvering areas within a parking lot must be designed to provide for safe and reasonabIc maneuverabiIity ofvehicles. Striping: All parking spaces within permanent paved parking areas must be striped in a manner clearly showing the layout of the intended stall. Maintenance: All parking areas must be maintained in a safe and sanitary condition and kept in good repair. Provisions should be made for the plowing of snow from all outdoor surface-parkiug areas. Parking Area La n&cape: Parking area interior landscape can be coned to islands. Trees, flowers, grasses and shrubs we recomrnended for these -islands. Drainage- The builder is responsible for preventing erosion of the site bath during construction and after the project is complete_ runoff of silt, debris or sedimentation onto adjacent streets, gutters, sidewalks, rights -cif -way, storm drain systems or adjacent properties should be avoided. The Town of Avon's stormwater and drainage manual should be reviewed and used as a guideline. Drainage into common open space areas is not allowed except in planned drainage channels or drainage easements. 999369.14 E-4 Exhibit A To July 30 Staff Report Draina,;c, swa-ls:s sliuuld not surfaeL� dT -d -M lac-russ Tzraj4 3 'alhWays or trail systems. Drainage can tie piped or rock lined if flow-, ;M; s1&Fn1r14aDt and/or if it flows, into natural channels_ Parkin; bays and walkwkvs should not slope toward the building wirboul atic.quate provisions for dr. unrii7 storm water away from thQ structure, All paved arcas moist be sloped to ,properly drain. Paved; ares must bedesigned to carry surface,. water to the nearest pr`attfLal street, stOrnx drain or natural wxatcr unease approved by the E.7esign lZeview Board, Concentrated flowsof water from parking areas shr uId be coIIected I an appropriate manner. A detailed drainage study, if deemed appropriatc, mast be prepared by a Civil Engines and 9ubmittod to the Design Review Board for approval. All landscape development, including specific landscape elments'such 1.3 planters, retaining walls, and berms rnust be approved by the; Dosig,r1 Review Boar& Plant material selection and placement roust ensure safe sight manes to traffic and signs. Carc should be taken that no hazards are created for pedestrians and vcWcics by plant litter. Plants are to }ie installcd said maintained acc-ording to sound horticultural practices. Plantings must be consistent in quality and character with an appmvcd materials list by the Do -,I -ii PeView Board, Shrub planting, beds can he mulched to prevent erosion and help rtn.Lin moisture. All planting reds c_m be contained on all sides by a hard edge (i.e. sidewalk, wood, or steel crkgiri}„ bkiildiing, or curb). Snow loading should be considered '}seri Icfk {LtiJrg shnib areas so as to avoid winttir damage to plants. Shrubs should be a minimum size of five gallon. Hedges, in winter, become snow fences and must be placed accordingly. Frees: Trees must be planted to provide foF tree growth witficut disruption of adjacent areas. Each tree or ne "clump" must Inc no smaller titan two inches its caliper. Replacement, if necessary, and maintenance of each trey is the responsibility of the builder. Lead trees must be replaced promptly with a tree offhe sank type, €luality aTid size. 999369.14 E -S Exhibit A To July 30 Staff Report Trees should be chosen and to ed to provide a function such as screening, shade, view enfrarnement or accent. Accent piantir)gs can occur at locations such as building entries, parcel entries or pedestrian areas. Care should be taken when selecting and locating trees so that Evergreen trees don't significantly shade streets in winter creating hazardous icing conditions; nor should they black south king windows limiting solar access. Mulches: Mulches can be u1iUcd to treat the areas around tree and shrub plantings its all zones. Rock mulch is discouraged adjacent to asphalt areas. Grasses: Grasses can be used in several situations, two of which are: • In large open areas as a soil stabilizing agent and for visual effect (primarily viewed from vehicular traffic). • Close to pedestrian areas where visual relief from extensive pavement is desired. In large open areas numerous grass mixes can be considered. Thought should be given to water requirements and availability, maintenance requirements, potential fire hazard of dry grass, and visual effect desired. In these areas, rough grass mixes eo€cld be utilized. Native grasses and wildflowers/bulbs require less water, less mowing and lend themselves well to the perimeter areas, and when utilized, should be selected to match adjacent native grasses. In more intensively developed areas with pedestrian traffic anticipated, bluegms mixes can be utilized to provide a lush, green appearance. Bluegrass Mixes require more water and mowing than rough or dryland grasses and ahould be used judiciously. ]rrigataon: Irrigation is required in all formal landscaped meas.. The intent is to keep the plant material healthy in appearance by meeting plant water requirements for proper growth and development. The type of irrigation will be detemined by the intensity of Landscape development and the associated water requirwnents of the plant species. :For example, parking lot islands that contain only river rock mulch and trees may receive a drip irrigation system whereas plazas that have bluegrass, as well as trees and shrubs will require more traditional irrigation systems. 999369.14 E -v Exhibit A To July 30 Staff Report Suggested irrigation technique depending cin the Inten','wy of Iwlif.wapc development include the following: * Automatic spray irrigation system • Manual spray irrigation system • Automatic, trickle irrigation system • Quick coupler system Extenor Furnishings., Within the landscape, th.re dimensional objects are the most readily perceived.Careful design and ase of these elements in the public and semi-public areas is critical in order to convey pennanncnce and identity, as well as thence. Furnishings should be provided as appropriate and establish character through a unified design vocabulary, and provide strong visual continuity while fulfilling functional requirements. Mechanical Screen ng.. Ground -mounted equipment such as power transformers and air handling equipment must be screened from public view by either materials integral with the building, a fence or landscaping, all of which roust be approved by the Design review Hoard prior to construction. Utility boxes should be located away from buildings, toward parcel Property lines or painted to match surroundings. In all cases, plant material must be used to screen these boxes. Fencing may be used in combination with plant materials. Phone podestals, meters and transformers will, whenever passible, occur to the side and rear of buildings. Vacuum breakers (ini. ation equipment) will be located below grade in inspection pit housings or adequately screened by landscaping. Trash Dumpsters: Trash dumpsters shall be properly sermncd on all sides and enclosed by a roof if located outside. Screening and Fencing_ - Service Area Screening — All s -ice areas are to be properly screened from adjacent land uses. 999369.14 E-7 IV Exhibit A To July 30 Staff Report Lighting: The lighting systems will serve functional and aesthetic F-oles, l')rese include: a TO provide socurity and visual safety. • To scare as dirwtionat indicatcros for both vehicular and pedestrian traFfic. ■ TO provide extended outdoor use time, particularly in pedestrian gathcring areas. * Tu reit fbi-cc the identity and character through form, calor and rnatenals of fixtures, vise light quality and placement, In all commrmercialltetail and office parcels, lighting plans must be apprc>'vcd by the Design Revicw Board. 1'ed e,s trtan Scale Lighting; The use of low level light sources at the pedestxiim scale to aeceni c,A illuminate the ground plane provides a special opportUERY to rcirlferc e the unique identity and "sense ofpt=e" found in the area. This; is achieved h�, a vanety of lighting fixture types and Inwcr mounting heights. Ai 11i"11L these design elements provide fight for safety and aestlioic effect.. B5: cim , the ,physical des ,and sizes lend animation and .scale to i3ccl4st7��1 spaces. Fixtures at a height of 16" can be uti3ized to i himinatc [3edestriar7 traffic areas. Additional pedestrian scale lights may be utile, inc u&ug Smaller bollard light (42" height) and canister type lights on overhead 4r -L C"lyres. Handicapped considerations; Consideration for the handicapped should be a part of the design process for any project in accordance with appropxiia:te ADA oxindatds. TECRMCAL DESIGN RECOMMENDATIONS Grading and Drainage The following grades should be observed. a Ground shall slope .array from a]I buildings at a Minimum of Siix inches (6") in temp feet (10). a All planted area's should drain at a mirumnumn sof two percent (2%0). Maximum slopes on planted auras should be 2:1 (grass 4:1). a All paved streets and dnveways with curb and gutter should drain at a minimum of one-half percent (1 /2%)0 999369.14 E -o Exhibit A To July 30 Staff Report • All walkways wd other paving should drain at a minimum of one pwcent (I%). Maximum ramp grade should be eight percent (8%). Walkway slopes should be kept to a minimum to ensure pedestrian safety in the winter. + All parking bays should drain at a minimum of vne-half percent (112%). Maximwn grade should be five percent (S°/o), to ensure pedestrian safety on ice and snow. Landscaping (recommended plant materials) Deciduous Trees: a Ash • .aspen * Cottonwood Evergreen 'Trees: • Blue Spruce • Douglas Fir r Ponderosa Pine, Limber pine Deciduous Shrubs-. • Bufialoberry • Commou Lilac • Mountain Mahogany • Pootentil€a Evergreen Shrubs: * Juniper * 'Yucca Ground covemfFiower's: • A.rtemesia • Daylily • Mahonia Grasses: • Blue Stem • Blue Grama • Buffalo Grass * Fescue * Hackberry • Willow • Snowberry * Sumac s Willow • Peremniarls ■ Wildflowers 999369.14 E_9 R mmended Mulches- Signs: Exhibit A To July 30 Staff Report • Cobble: Four to six inch (4"• 6') average diameter, tan or gray in color. Cobble should be infilled with cine -quarter inch (11411 pea gravel to inlaihit weak growth, • Washed Riva Rock: One-half to three-quarter inch (112" — .,1 average diameter, smooth and tan or gray in color- Gravel should be installed a minimum of three inches (3') deep. • Wood chips, Pole Feelings or Equal; Free of sticks ar litter and should be installed a minimum of three inehes (Y) dec p - The purpose of these criteria is to establish design standards that insure the owner and tints identification and visual continuity. Unless otherwise approved by the Design Review Board as part of a unified signage plan for a particular project; The following sign standards shall apply: Prospective owners and tenants should review the critexia and then co-ordinate directly with a selected sign contractor. After a drawing has been prepared which meets tenant's approval, final drawings should be submitted to the Design. Review Board for approval. Drawings should indicate size, color, type face, illumination, locations, layout, installation method, and any ether pertinent information. Material and color samples should also be submitted. General Sign Recommendations: . leo animated, flashing, timeltempemtm or audible signs will be permitted- * All sign -s and their installation must comply with all local building and electrical codes and bear the UL label. * 'there must be no exposed racmays, cross -overs, conduits, conductors, transformers, oriunction boxes. + Rotating signs will not be permitted, No sign may extend above the roofline of the building. • The letter style, color, and material may be selected by tenant with approval by the Design Review Board, Highly stylized or extremely omate type faces will riot be allowed, unless it is an established tradernark. + No advertising placards, banners, pennants, insignia, trademarks or other descriptive material can be affixed or maintained along the glass panels and supports of shop windows and doors or upon the exterior walls of the building. 999369.14 E-10 Exhibit A To July 30 Staff Report • No -,Ign inanufactmer's lab cIs or oLl-ic. - idt.TltI fiCaL1011 wall k)c IIC-rrnillc.'d c.orl tilt expnsed surface 0fSigns, except thou c rc€Iuired by Iocal ar�LAInaT1cc which IIILI4t be in aIi iUCLILspicu[aus locadUjj. * No sign, azlvertis ement, biIlboard or advertising structure of any k - In d may 17 c. displayed fur public view on any portion of the properties or ou any lot o%cept i.i actordwicc with the standards set by, and with the prior written approval of the Dtfsl a 1tt,,1c: w Board,. ■ .111 Signs must confurrti to prescribed setback and sight litres unless otherwise authorized. Commer eiallRetsil Signs: The length oltotal sign must not exceed 113 of the retail store frontage. The area of the sign must not exceed 10% of the storefront area. Spacing between adjacent signs must be a minimum of faun feet (4'). The `*cop3e' and "logo" Criteria for each sign is as follows: Tenants may only display their established trade names, or simply state their basic products (i.e. "Baker Shoes„). No additional advertising will be allowed (i.e. "Discount Sales % "Quality Shoes", etc.). Retaillcommercia.] shops at corner locations will be allowed no more than three signs (two Bias and one arcade). Shops in all other locations will be permitted only two signs (one fascia and one arcade). Free-standing buildings hawing four (4) exposed elevations will he allowed to have signs only on two primary exposed elevations, unless otherwise approved by the Design Rcvic�x Board. i'lffice Si�ns� Signs for office srructares are to be rr onument type.. Maximum height allowance will be six feet (V) with twelve 1`t t (12') as a maximum borizontal dinicti-don. {lencral 1.i�%tins t2ecummendations: Illuminating Engineering Socicty Criteria and Standards �_ ill pi - ail. Ave -rage footaandlc apply: Arterial — 1.17 C0Ilectar — 0.5 Local Road — 0,4 CornrneTcial.-'Busi_ness Parking Lots — 0,6 999369. 14 E-11 Exhibit A To July 30 Staff Report Minimum foot candle levels must be approximately u3 — 'l, of the average f0 01 Candie level.. • A minimum uniA)rmity ratio of 3:1 must be mainmined. • Light poles wilt be a maximum of 35% steel, aluminum or fiberglass poles. * High pressure sod urn (laps) lamps will be used. * Controls should be EgIn scnsing types and integral to the fixture. 999369.14 E-12 Exhibit A To July 30 Staff Report EXHIBIT F Street Standards A. Street Design and Luprovement Standards. Development within The Village (at Avon) shall comply �vitli 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 Tomes. (1) Post Boidevard (constructed): this Urban Arterial Road extends south from Swift Gulch Road (constructed) to US 6 and has an interchange with 1-70. Curb. Lytitter. and attached sidewalks are provided along both sides of the roadway. and on the eastern side only btn�-een Fawcett Rd. and Yoder Ave.. within all 84' - 100' R.O.W. The posted speed limit on Post Boulevard is 30 MPH. changing to 35 MPH at the north end. (11) Yoder Avenue (constructed): this Urban Collector Cul-de- sac Road extends cast from Post Boulevard (constructed) to the Cul-de- sac. Curb. Lytitter. and attached sidewalks are provided along both sides of the roadway. and on the south side only front 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 bete,-een Post Boulevard (constructed) and Yoder Avenue (constlacted). Curb. gutter. and sidewalk are provided along both sides of the roadway,. and along the westeiii 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, (1v) East Bea -ver Creek Boidevard (temporary): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). The posted speed tmiilt of 30 MPH. (v) Swift Gideh Road (constructed): this Rural Local Road extends fi-om Avon Road to Post Boulevard (constructed). An 8' wide multi -use trail exists the varyn'i2 width R.0,W. (,.i) East Beaver Creek Boideiard (conceptual): this Urban Local Road extends from Avon Road at the western edge of Lot 1. to Post Boulevard (constructed). Curb. nutter.. and sidewalk shall be provided along both sides of the roadie ay, within a 501 (muii.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-14 or F-15) East Beaver Creek Boulevard may. at the option of 999369.14 F -I Exhibit A To July 30 Staff Report the Applicant. be constructed and iiistalled in phases contemporaneously with the phased development abuttirng the applicable portion of East Bearer Creek Blv& (1) Provided that East Beaver Creek Boulevard does not connect to Post Boulevard. cul-de-sacs may exceed 1.000 feet in length and serve riot more than 450 D- welling Units. The portion of such cul -desacs servmi a 2507 or more D well'i Units shall be constructed to Rural Collector Road. and the portion of such cul- de-sacs serving less than 250 Dwelling Units shall be constructed to Rural Local Road. (1.1i) Jkfain Sweet (conc tual): this Urban Local Road extends frons the western edge of Lot 1 at Chapel Place to the roundabout at Post Boulevard (constructed). Curb. gutter. and sidewalk shall be provided along both sides of the roadway.. 1kithin a 50" (inin.) R.O.W. for the eastern and western segment, and 80' (ruin.) R.O.W. for the central segment as generally depicted on the conceptual illustration attached as a park of this Exhibit F, (for the central segment: pate F-9 Option A. page F-10 Option B. or page F-11 Option C; for the it estern segment page F-12 Option A. or page F-13 option B. for the eastern segment page F-14 Option A. page F-15 Option B). and may, at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Main Street. (VI i) Swift Gulch Road (conceptual): this Rural Local Road extends east froru the roundabout at Post Blvd. (constructed) through Planning Area J. the United States Forest Service parcel. to Planning Area I, Paired shoulders. and either a bike lane or a multi -use trail shall be provided within a 5©` (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-18 or F-21) and may. at the option of the Applicant, be constructed anti installed ill phases contemporaneously with the phased development abutting the applicable portion of Swift adch Road. (ix) RoadA (conceptual): this Urban local Roads 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' (rxiin.) R.O.W. as generally depicted on the conceptual illustration attached as a pant of this Exhibit F. (page F-12 Option A, or page F-13 option B). and may. at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road A, (x) Road B (conceptual): this Urban Local Road extends from the westeril roundabout of Main Street (conceptual) to the eastern roundabout of Main Street (conceptual). Crab, gutter. and sidewalk shall 999369.14 F-2 Exhibit A To July 30 Staff Report be provided along one side of the road, within a 50' (ruin.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, (page F-11 option A. page F-12 option B. or page F-16 option A). and relay, at the option of the Applicant, be constructed and installed in phases contemporaneously with the pleased development abutting the applicable portion of Road B. (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 Borth fi'oM the eastern roundabout of Main Street (conceptual) to the cul-de-sac. Curb. glitter. and sidewalk shall be provided along both sides of the road. within a 50' (nim.) R.O.W. as generally depicted on the conceptual illustration attached as a park of this Exhibit F, (page F-12 Option A. OF page F-13 option B).. and may. at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road C. (xii) Road D (conceptual): this Rural Local Cul-de-sac Road extends east frons East Beaver Creek Blvd. (conceptual) to the cul-de-sac. Hard sholrlder•s shall be provided. within a 50' (min.) R,O. . as generally depicted ori the conceptual illustration attached as a part of this Exhibit F. (page F-18 option B or F-21 option B). and may, at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road D. (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. pared shoulders shall be provided. within a 50' (iiia,) R.O,W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-14 Option B or F-21 option B for that section of the road below RMF -1. and F-1' option A for that section of road above RNIF-1) and may. at the option of the Applicant. be constructed and installed in phases contemporaneously �i ith the phased development abllttile the applicable portion of Road E. (xis-) Spur Roads F -N (conceptual): these Rural Local Cul-de- sac Roads extend from Road E (conceptual) to their cul-de-sacs. Pared shoulders shall be provided. within a 50' (ruin.) R.Oi W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-17. option A). and may.. at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portions of Roads F -N. 999369.14 F-3 Exhibit A To July 30 Staff Report (xv) .mads located within Planning Areas I, and R. -WF -1 Conceptual). my addltnonal roads not currently designated shall be Rural Local Roads with paved shoulders within. a 50' (ruin.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, (page F--16 Option A. page F-18 Option B. or page F-19 Option C"). 2. 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) Minii7iuimShoulder: 2 feet each side. paved (i) Shoulders shall not be required if curl} 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) Past Boulevard (constructed): 35 MPH (ii) East Bearer Creek Boulevard (temporary): 35 MPH (iii) Spur roads F — N (colic epti l): 25MPH (d) Maxiruaurn Grade: 6% except as listed below (i) East Bearer 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 S%. It is an acceptable approach to reduce the grade to 6% at the spur road or driveway access points anis them increase the grade back to 8%. (ii)Swift Cnulch Road (conceptual): 10%, provided that: (1) the grade is not niallitaiu.ed for a distance in excess of 800 feet: and (2) no spur roads or driveways will have access points during the run: of 10%. It is an acceptable approach to reduce the grade to 8% at the spur road or driveway access points and then increase the grade back to 10%. 999369.14 F-4 Exhibit A To July 30 Staff Report (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%. It is an acceptable approach to reduce the grade to 8% at the spur road or driveway access points and then increase the grade back to 10%. (e) Minimuni Curve Radius: 100 feet (1) The dnivuiia width does not included curve widenmig if required by AASHTO. (f) Minimum Site Distance: 200 feet 3. Retainitlawalls. (a) Retaining walls, over four feet in height or any wall supporting a vehicular load or struct-Lwe shall be structurally designed and certified by a Colorado licensed professional engineer. (b) Retaining i. alts supporting naturally accruing topography and cher site development constraints over four feet ' height shall be 1 In I- deslaned with a series of retaill1112 {walls with landscaped terraced steps. The -�vidth of the terrace between any two four -foot vertical ivalls, shall be at least four feet. Retaining walls higher than four feet shall be separated fiom any other retaining wall by a minis urn of five feet horizontally. Terraces created between the retaining walls, shall be permanently landscaped. (c) Retaining ivall,, supporting a vehicular load or structure shall not exceed 29 feet in height unless approved by the Town Planning and Zonina Commission. provided that retaining walls occurring along Road F (-conceptual) betw-een SP 241.00 and SP 260.00 shall have no height restrictions as specified in the conceptual illustrations. 4. Dedication to Town. All streets installed and constructed in accordance ivith the street design and improvement standards contained -,,-.ithiii Sections T28 and 7.32 of the Development Code, as modified by this Exhibit F. shall be eligible for dedication to the Town for ownership and 1111,1111ten"Ince. 999369.14 F-5 Exhibit A To July 30 Staff Report PnAn XTA7] VIMV The Village (at AV9M) 999369.14 F - I 15'-0" 6'-0" W -o" 11'-0" 11'-0" MAXIMUM MINIMUM PARKING LANE MINIMUM MINIMUM SIDEWALK LANDSCAPE 9'0' a Gd TRAVEL LANE TRAVEL LANE AREA Main Street (cerit al 5Cgmcr1t) Option A - On Street Farkir cj 999369.14 F-2 8'-0" 6'-0" PARKING LANE MINIMUM s'r)" a ad LANDSCAPE AREA Exhibit A To July 30 Staff Report 15'-0" MAXIMUM SIDEWALK Exhibit A To July 30 Staff Report III III z z CD J :D Z U < -n Main 5trcct (central se6jment) Optica E3 - Dculevar6 L(?cc,I Urbcin K(?c:id 999369.14 F-3 " 11 VARIES 2-0 SIDEWALK MINIMUM 7HAVEL LANE 80' R.O. . VARIES PARKING LANE 8'Q" 0 Od 19V 0 45d 19'0" 0 90d Main Street (central segment) Option G - On Street Angled Parking L9cal Urbrin Kgd 999369.14 F-4 Exhibit A To July 30 Staff Report VARIES SIDEWALK MINIM JM MINIMUM LANDSCAPE NAVEL LANE AREA VARIES PARKING LANE 8'Q" 0 Od 19V 0 45d 19'0" 0 90d Main Street (central segment) Option G - On Street Angled Parking L9cal Urbrin Kgd 999369.14 F-4 Exhibit A To July 30 Staff Report VARIES SIDEWALK Exhibit A To July 30 Staff Report w w 11 r_0ea I }I 11—�...' L —V 6'— 0" SP 6* -0" MAXIVL'M MINIMUM' C) C) 0 J_ <Q J_ r M C12 C12 TRAVEL LANE I LANCSC:.APE I W W U7 C!} i_A» 6I—o- 2'—D" Ile 11 r_0ea I }I 11—�...' L —V 6'— 0" SP 6* -0" MAXIVL'M MINIMUM' MINIMUM MIN,I': .0 114 .t+I ( MAXIMUM SIGEWALI< LANDSCAPE TRAVEL LANE TRAVEL LANE I LANCSC:.APE I SIDEWALK AREA AREA. Main Street (western 5e merit) Option A - No on street parking 999369.14 F-5 Exhibit A To July 30 Staff Report Main Street (Western 5e4jmernt) loads A. B, * C Option E3 - On Street Farkmcj L(?ccjI Urban Kgo 999369.14 F-6 VAPIE_a; 4,_0 91 „ �,_r,,, _ 1,_o,� Sf 1' ,,, _, 6 _0„ 4, n>, SNOW!�IhlSn-lw UININI-M MINIMUM V114INI-M MINIMUM MINIMUM AN 51QE'S4.%- 1 L.�.13L "r::.AF=E THAVEL LAME T- =.`rEL LANE LANDSCAPE SGEWALK DRAINAGE AREA AREA Main 5trcct East Dearer Creek F I d. rtion Lscaf Urban Koad 999369.14 F-7 Exhibit A To July 30 Staff Report VAI AES SNOW STORAGE AND L"HAINAOE VARIES $NOW 970RAGE AND DRA INACE Exhibit A To July 30 Staff Report Main Street (ca5tcrn mnt) E25t Be vr Crock Blvd, Option C - Center turn lane may be rccluired to accommodate, t turn larc5 at inters tions L(?GaI Urban Raid 999369.14 F-8 50° R.0 - W. 2'-0" 2'-0VARI E MINIM M MINIMUM MINIMUM YINIVUH I..I % $NOW �I�Evl.ALK THF'�EL LAVE CENTER TURN TRAVEL L .hE I E:.�U,-' STORAGE AND LANE DRAINAGE Main Street (ca5tcrn mnt) E25t Be vr Crock Blvd, Option C - Center turn lane may be rccluired to accommodate, t turn larc5 at inters tions L(?GaI Urban Raid 999369.14 F-8 Exhibit A To July 30 Staff Report 50' R. 0. W. nt 1 -0 2' .1E MINIMUMMINIMUM �,E T:. -E I TRAVEL LANE I LA040SC 4 I vIIEWALIJ STDRA,;E A �I 11L'. E AREA JHAIN.LJ.'E One way ortiorl Lgccjl Urban Kgnd 999369.14 F-9 Exhibit A To July 30 Staff Report 'I MINIMUM MINIMUM11 SSHWLDER SHOULDER '% 7 IVI'_ it i—I`s.. MIN. L r_r-.�{I ' —() I 1'v1l 'J. SNOW MINIMUM UM MINIMUM SNOW STORAGE AND TRAVEL LANE TRAVEL LANE I STORAGE AND DRAINAGE DRAINAGE -- Option A - typical Local Kurcil Riad 999369.14 F-10 /' GIK. 7OW 2mA» AND DRAINAGE 2, MINIMUM SHOULDER -01P 0 k$vG SAVEL LANE ,--0' 9,3.E j /, 11'-0" 6'-0" M6ru, BEE LV -.E TRAVEL LANE I Option D L(?cal Kural K m_a £Q! 6' GIN. SNOW STORAr.E AB DRAINAGE I1 Exhibit A To July 30 Staff Report Exhibit A To July 30 Staff Report 50' R.0. W. J4'-0 Option C - center tura lane NOTE: Center turn lane may be requlroci to accommodate turn Rance at Inter5ect10n5 Lgcal Kurol Kaad 999369.14 F-12 1AINIVI.J4 MINIMUM ' 'SHOLLJE� SHOULDER 8' MIN. 2'-`,,, 1 C'- 0" D' -D" 1 °- �" - 8' MIN. SNOW vlNlvl.M CENTER TURN MINIMJM SNOW STORAGE AND I TRAVEL LANE I LANE I TRAVEL LANE STORAGE AND DRAINAGE DRAINAGE Option C - center tura lane NOTE: Center turn lane may be requlroci to accommodate turn Rance at Inter5ect10n5 Lgcal Kurol Kaad 999369.14 F-12 R.O.W. Vcriev wiff, area of Option A Multi-purp9se Trail 999369.14 F-13 REATINNINC WALLS MAY HE REQUIRS) ASnVE OR PELUW TRAIL TO MAIP47AIN SUITABLE GRADE Exhibit A To July 30 Staff Report R.O.W. Varies with area on disturbarce 910, 26'-0" ve MINIMUM MINIMUM GRAVEL SHOULDER SHOULDER SHOULDER VARIES 2P-01* 1 2'cl,* P_ — LO-- 01 VARIES Je Lo MINIMUM MINIY. SNOW 4F If STORA� -'E "r, TRAVEL LANE TRAVEL _=[,E STORAGE AND DRAINA,';E DRAINAGE L -7� =7— 7? C)r' tion 5 f MuIti—parpc2se Trail 999369.14 1- 14 Exhibit A To July 30 Staff Report GRAVEL SHOULDER 83_1C1 l 1'-0" VPIES MULTI -USE TRAIL Exhibit A To July 30 Staff Report EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD 1. Development Code Provisions: (a) § 7.16.020(b)(5) Multiple Applications (b) § 7.16.060(i) Lapse of a Final PUD (c) §§ 7.16.0600)(1)(ii) & (iii) Revocation of a Final PUD (d) § 7.16.070 Subdivision (e) § 7.16.090 Design Review (f) § 7.16. 100 Special Review Use (g) § 7.16.140(b)(2) Vested Property Rights Created (with respect to amendments to any Site Specific Development Plan) (h) § 7.16.140(g) Forfeiture of Vested Property Rights (i) § 7.20. 100 Employee Housing Mitigation (j) § 7.24 Use Regulations (excluding § 7.24.080, Temporary Uses and Structures, as modified by this PUD Guide) (k) §§ 7.28.020(b)(4) & (5) Applicability and Location: Location and Ownership (1) § 7.28.020(e) Off -Street Parking (m) § 7.28.020(g) Computation of Parking and Loading Requirements (n) § 7.28.020(h) Off -Site Parking (o) § 7.28.020(i) Public Parking Districts and Facilities (p) § 7.28.040(f)(1) Mobility and Connectivity: Vehicle Circulation; Street Standards (q) § 7.28.050 Landscaping (r) § 7.28.060 Screening (s) § 7.28.070 Retaining Walls (t) § 7.28.080 (b)(2) Fences 999369.14 G-1 Exhibit A To July 30 Staff Report (u) § 7.28.090 Design Standards (v) §§ 7.2 S.100(a)(3)(i), (v), (x), (xiii)(D) & (xiii)(E) Natural Resource Protection (w) §§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and Specifications (x) § 7.32.030(1) Engineering Improvement Standards: Streets; Grades, Curves, and Sight Distances (y) § 7.32.030(m) Engineering Improvement Standards: Streets; Cul-de-sacs (z) § 7.32.040(c) Paved Trail Design: Minimum Width (aa) § 7.32.040(e) Paved Trail Design: Grades (bb) § 7.32.080 School Site Dedication (Pursuant to Section of the Development Agreement, Section 7.32.080 of the Development Code with respect to school site dedications) (cc) § 7.32.090 Park Land Dedication (dd) § 7.40 1041 Regulations 2. Other Municipal Code Provisions: (a) § 3.40 Impact Fees (b) § 8.32 Wildlife Protection (c) § 15.28 Sign Code (d) § 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 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. 3. Any other provision of the Municipal Code expressly superseded in whole or in part pursuant to any other provision of this PUD Guide. 999369.14 G-2 Exhibit A To July 30 Staff Report EXHIBIT H Form of Public Improvements Agreement oto be drafted and inserted] 999369.14 H-1 Exhibit A To July 30 Staff Report EXHIBIT I Definitions The definitions of words and phrases set forth in this Exhibit I expressly supersede any additional or conflicting definitions of the same words or phrases or same general intent as set forth in the Municipal Code and constitute the sole and exclusive definitions for the purpose of this PUD Guide and the interpretation, application and enforcement of this PUD Guide and related components of the Development Plan. When not inconsistent with the text, words used in the present tense include the future, words used in the singular number include the plural, words in the plural include the singular, and the masculine includes the feminine. The words "will" or "shall" are mandatory, and the word "may" is permissive. 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. Animal Boarding means the operation of an establishment, excluding the operation of Kennels, in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. Animal Boarding shall not be construed to be an agricultural Use eligible for being designated an approved Interim Use. Applicant means the Landowner of the real property comprising the Site for which an Application is submitted, or an individual or entity whom the Landowner has designated in writing as its 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 999369.14 I-1 Exhibit A To July 30 Staff Report 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, an amendment to the PUD Master Plan, 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.). 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. Automobile Repair Shop (Major or Minor) means an establishment that does not sell fuel, gasoline or petroleum products which is primarily engaged in the service, repair or maintenance (including but not limited to paint, body and fender, major and minor engine and engine part overhaul, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, vehicle washing, detailing polishing similar services) of. (a) with respect to Major Uses, commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment; and (b) with respect to Minor Uses, passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment. 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 999369.14 1-2 Exhibit A To July 30 Staff Report operator of such establishment. For purposes of Dwelling Unit calculation, a Bed and Breakfast shall be considered one (1) Dwelling Unit. 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: (c) the applicable Building Setback requirements; (d) the applicable Building Height requirements; (e) the applicable Site Coverage requirements; and (f) the applicable Lot Area requirements. Notwithstanding the foregoing, the following improvements are permitted outside of the Building Envelope: Sidewalks, Drive Aisles, Driveways, landscape features, Infrastructure and Dry Utilities. Building Height means the distance measured vertically from the reference elevation (defined below) to the top of a flat roof or mansard roof or to the highest ridgeline of a sloping roof, but excluding from the calculation of Building Height any non -habitable Architectural Projections. The parallel slope method shall be used for purposes of calculating the Building Height, and the "reference elevation" shall be: (g) within Planning Areas A, B, C, D, E, F, G, H, I, J and RMF -1, the Finished Grade; and (h) within all other Planning Areas, the Natural Grade or the Finished Grade (whichever is more restrictive). Building Setback means the distance from a specified Site boundary line, a creek or a stream measured horizontally to a line or location within the Site which establishes the permitted location of Uses, Structures, or Buildings on the Site. The location within a Site of Sidewalks, Drive Aisles, Driveways, landscaping features and fences required pursuant to applicable Town or other governmental ordinances, regulations and requirements (i.e., fence enclosures for swimming pools) are not restricted by the Building Setback requirements. Bus Stop means a facility for the loading and discharging of passengers by publicly or privately operated buses. 999369.14 1-3 Exhibit A To July 30 Staff Report 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 o£ (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 0) 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. Commercial Use(s) means the following Uses: (k) Accommodations Units; (1) Animal Boarding; (m) Automobile Repair Shop (Major or Minor); 999369.14 1-4 Exhibit A To July 30 Staff Report (n) bakeries; (o) bar and tavern; (p) barber and beauty shops; (q) Bed and Breakfast; (r) beverage stores, coffee shops; (s) Bus Stop; (t) business and professional offices; (u) Cabled Telecommunications Equipment; (v) Cabled Telecommunications Facilities; (w) Cabled Telecommunications Services; (x) car wash (as the Principal Use); (y) Child Care Center; (z) Churches; (aa) cinema; (bb) clinic, intermediate medical care facility (i.e., out-patient services only); (cc) clothing stores; (dd) Community Facilities; (ee) commercial offices; (ff) Commercial Parking; (gg) Convenience Retail; (hh) department stores; (ii) domesticated animal grooming; 0j) Drive-in Uses; (kk) employment agency (11) Extended Stay Hotel; 999369.14 1-5 Exhibit A To July 30 Staff Report (mm) Family Child Care Home; (nn) Grocery Store; (oo) Group Home; (pp) Financial institutions; (qq) fitness centers and health clubs; (rr) furniture stores; (ss) hardware stores; (tt) Hotel, Motel and Lodge; (uu) Home Occupations, Minor and Major; (vv) Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; (ww) indoor entertainment facility; (xx) indoor storage; (yy) Kennels; (zz) laboratory; (aaa) landscaping and snow removal services; (bbb) laundromat/dry cleaning; (ccc) Medical Marijuana Businesses; (ddd) medical and dental offices; (eee) meeting facility; (fff) newspaper and commercial printing shops; (ggg) Nude Entertainment Establishments; (hhh) nursery or garden supply; (iii) Outdoor Storage; (jjj) professional offices; 999369.14 1-6 Exhibit A To July 30 Staff Report (kkk) real estate sales offices; (111) photocopy and blueprint businesses; (mmm)Public Facilities; (nnn) Private Parking; (000) Public Parking; (ppp) Recycling Facility; (qqq) Recycling Processing Facility; (rrr) repair shops, small electronics repair; (sss) Restaurants; (ttt) Retail sales, specialty and gift shops; ski tuning; bike assembly (uuu) service and social clubs; (vvv) Service Stations; (www) Studios (music, dancing, photography, movie, art and broadcasting) (xxx) tailor, seamstress, clothing alterations (yyy) tattoo parlor, body piercing (zzz) Temporally Divided Dwelling (aaaa) theaters; (bbbb) trade schools and colleges; (cccc) Transit Shelter; (dddd) Wireless Telecommunications Equipment; (eeee) Wireless Telecommunications Facilities; (ffff) Wireless Telecommunications Services; (gggg) Vacation Clubs; (hhhh) Uses which the Director determines to be similar. 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 999369.14 1-7 Exhibit A To July 30 Staff Report 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 Town of Avon Comprehensive Plan, 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. Community Development means the Town of Avon Department of Community Development. 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, as may be amended from time to time, The Village (at Avon) Design Review Guidelines dated , 19, as amended and as may be further amended or supplemented, and as prepared, approved and promulgated by the Design Review Board by the Master Developer and which establish the sole and exclusive architectural design, landscape design, urban design and site design standards applicable within The Village (at Avon). 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-WM LLC. 999369.14 1-8 Exhibit A To July 30 Staff Report Development Agreement means the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) concerning the Property dated as of , 2012, as amended from time to time. Development Code means Title 7 of the Municipal Code, as in effect on the Effective Date unless otherwise stated. Development Plan means, as referenced in Section A.4(b) of this PUD Guide, collectively: (iiii) this PUD Guide (together with each Exhibit hereto) and the PUD Master Plan, as amended, which shall control the zoning of the Property pursuant to the Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S., and Section 17.20.110 of the Municipal Code; and Ojjj) the Development Agreement. Development Standards means the sole and exclusive planning requirements and regulations governing the development of the Property as set forth in Sections D and I of this PUD Guide, which expressly supersede any additional or conflicting provisions of the Municipal Code. Director means the Director of Community Development. Drive Aisle means the lane(s) within a parking lot or facility devoted to the passage of vehicles, as opposed to the parking stalls, and does not include lanes used only or primarily for drive-in customer service. Drive-in Use means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. Driveway means a constructed vehicular access serving one (1) or more properties and connecting directly to a public or private road. Dry Utilities means, excluding Infrastructure, conduit and sleeving for, and the installations contained therein, telephone, cable, fiberoptic and similar "dry" utilities intended to be privately owned, maintained and/or operated. Duplex Dwelling means a single architecturally integrated Structure that contains two separate and independent residences intended to be occupied by two (2) families (or groups of people) living independently of one another, but does not encompass Primary/Secondary Structures. For purposes of the Dwelling Unit calculation, each residence within a Duplex Structure counts as a 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 999369.14 1-9 Exhibit A To July 30 Staff Report (including Condominium Units designated for Residential Use), Primary/Secondary Dwelling or Major or Minor Home Occupation. Dwelling Unit(s) means one or more rooms with a single kitchen and at least one (1) bathroom and which is designed, occupied or intended for occupancy as separate living quarters for the exclusive use of a single family (or group of people) or individual independently from any other family or group of people, or an aggregation of Accommodation Units. Effective Date means Original Effective Date. 2012, and is intentionally distinguished from Extended Staff 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. § 26-9-106(2)(p). Final Plat means a final subdivision plat, including any replats thereof or amendments thereto, approved by the Town pursuant to Section G of this PUD Guide. 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 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. Guest House means a Secondary Structure which is physically detached from a Single-family Dwelling, is serviced through the same utility meters or connections as the Single-family Dwelling, and is intended for temporary periodic occupancy by visitors to the residents of the Single-family Dwelling. Guest Houses are a Secondary Structure and shall be construed to be an Accessory Use to the Primary Use of the Single-family Dwelling. 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 999369.14 1-10 Exhibit A To July 30 Staff Report 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. 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: (kkkk) 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). (1111) 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. 999369.14 1-1 1 Exhibit A To July 30 Staff Report 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 parcel of land with any combination of living plants, such as trees, shrubs, vines, groundcover, flowers, or lawns; natural features and nonliving groundcover such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include parking areas. Lots means a parcel of real property as shown with a separate and distinct "lot" number or letter on a Final Plat. Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in acres or in square feet. Main Street means, as conceptually depicted in Exhibit E of this PUD Guide, the primary east - west roadway connecting Post Boulevard to Chapel Place, consisting of a "60' wide eastern segment," a "80' wide central segment" and the "60' wide western segment." 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. 999369.14 1-12 Exhibit A To July 30 Staff Report Master Developer means EMD Limited Liability Company, a Colorado limited liability company (with respect to Planning Area I only) and Traer Creek LLC, a Colorado limited liability company (in all other respects), which entities (or any successor entities) are designated and authorized to act on behalf of all Developer Affiliates and their respective successors in interest with respect to and for purposes of this PUD Guide. 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. Mobile Home means a Single-family Dwelling partially or entirely manufactured in a factory, built on a permanent chassis, which is designed to be transported on streets to the place where it is to be occupied as a Dwelling Unit, and is: at least twenty-four (24) feet wide and thirty-six (36) feet long; permanently affixed to and installed on an engineered permanent perimeter foundation; covered by a pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Mixed Use Project means the development of a Site, Building or Structure with two or more different Uses in accordance with the Development Standards and which is designed, planned and constructed as a unified project. Mixed Use Projects may be horizontally integrated or vertically integrated, or both. 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 in effect on the Effective Date 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. 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, 999369.14 1-13 Exhibit A To July 30 Staff Report 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, as amended from time to time), including without limitation, any additional or conflicting such provisions. Parking Structure(s) means an above ground or below ground Structure of one or more levels containing Drive Aisles and parking stalls, which may be a stand-alone Structure or be integrated into or within a Structure as an Accessory Use or Accessory Structure, and which may provide Commercial Parking, Public Parking or Private Parking. Planned Unit Development (PUD) means an area of land, controlled by one or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include Dwelling Units, Commercial Uses, Industrial Uses, Mixed Use Projects, Public Facilities and related educational, recreational and similar complimentary Uses, in any combination, the plan for which is not required to correspond in Lot Size, bulk or type of Use, density, Lot Coverage, Open Space or other restriction set forth in the Town's existing land use regulations. Planning and Zoning Commission means the Town's Planning and Zoning Commission. Planning 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 AA(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. 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 999369.14 1-14 Exhibit A To July 30 Staff Report (i.e, a Guest House, carriage house or caretaker's quarters). Within all Planning Areas, the secondary unit can be no more than 40% of the floor area of the primary unit. The secondary structure may attached to or detached from the primary unit; provided that the two units cannot be subdivided or separately conveyed or transferred in ownership and the secondary unit may not be leased or subject to a leasehold interest separate from the primary unit. The Residential Use of the Secondary Structure shall be construed to be an Accessory Use to the Principal Use of the Primary Structure, and the Primary Structure and Secondary Structure, whether attached or detached, shall be counted as one Dwelling Unit in the aggregate. 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.1 above. 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 specifically not permitted within a particular Planning Area, as distinguished from a Use by Right, a Special Review Use, a Temporary Use or an Interim Use. Prope means the real property commonly known as The Village (at Avon) PUD, the boundaries of which are legally described in Exhibit A attached hereto and incorporated herein. Prope!:Iy 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 Improvements) 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, which agreement shall be in a form mutually agreed upon by the Master Developer and the Town. Public Improvement Company means, collectively, The Village (at Avon) Commercial Public Improvement Company and The Village (at Avon) Mixed -Use Public Improvement Company, 999369.14 1-15 Exhibit A To July 30 Staff Report which the Master Developer has created in accordance with and for the purposes stated in Section of 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) Amended and Restated PUD Guide dated 2012. PUD Master Plan means The Village (at Avon) P.U.D. Master Plan attached hereto as Exhibit B and incorporated herein. The PUD Master Plan depicts, among other things, Planning Areas and permanent, temporary and conceptual road alignments for the development of The Village (at Avon). Recycling Facility means a facility, which may be either contained and conducted within a Structure or conducted outside of a Structure so long as all materials are stored within an enclosed container, for the collection and temporary storage (prior to relocating to a Recycling Processing Center) of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes. Recycling Processing Center means a facility in which recycling materials received from a Recycling Facility or from other sources are processed for subsequent use or distribution. 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 potion 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 Guest House. Restaurants) 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: 999369.14 1-16 Exhibit A To July 30 Staff Report (mmmm) With respect to "drive-through" Restaurants, allows for or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. (nnnn) With respect to "fast food" Restaurants: (i) Food and beverages are usually served in paper, plastic or other disposable containers; (ii) The consumption of food and beverages is encouraged or permitted within the Restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building, or for carry -out; and (iii) Drive-through facilities are allowed, subject to Design Review Board review and approval of traffic patterns, vehicle stacking areas, and entrance and exit locations. (0000) With respect to "standard" Restaurants, which may but are not required to include as an Accessory Use the on -premises production of fermented (alcoholic) malt beverages and/or malt, special malt or vinous and spirituous liquors: (i) Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; and/or (ii) Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the Restaurant building. 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. As defined in Section A.1 above. 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. 999369.14 1-17 Exhibit A To July 30 Staff Report 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). Site Specific Development Plan has the meaning set forth in the Vested Property Rights Statute. 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. Stream Setback Provisions means the provisions and requirements set forth in Section I.12 of this PUD Guide. Structure means a combination of materials to form a construction for Use, occupancy or ornamentation whether installed on, above or below the surface of land or water. Subdivision Regulations means Section 7.16.070 of the Development Code, as modified and/or superseded by the provisions of Section G of this PUD Guide. 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. Town means the Town of Avon, a municipal corporation of the State of Colorado. 999369.14 1-18 Exhibit A To July 30 Staff Report 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 amended from time to time. Uses means the primary or principal purpose for which land or a building or structure is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Use(s) by Right means a Use or Uses permitted to be developed or conducted within The Village (at Avon) PUD without the requirement of further Town review or approval, subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and with respect to which a building permit shall be issued in accordance with Section A.4(h) above and/or any applicable Town use permit or business permit shall be issued in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. 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: (pppp) Residential Uses. (qqqq) Commercial Uses. (rrrr) Industrial Uses. (ssss) Interim Uses. (tttt) Mixed Use Projects. (uuuu) 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 the Vested Property Rights Statute. 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. 999369.14 1-19 Exhibit A To July 30 Staff Report 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 Equipments also includes a ground mounted base station used as an Accessory Structure that is connected to an antenna mounted on or affixed to an existing Building. Wireless Telecommunication Facility means any freestanding facility, Building, pole, tower or other Structure used to provide only Wireless Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Wireless Telecommunications Services. Wireless Telecommunication Service means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal communications commission for paging systems, enhanced specialized wireless telecommunication, persona communication services, cellular telephone service and any similar services provided by means other than Cabled Telecommunication Services. 999369.14 1_20 0 T T E N J 0 H N S 0 N ROBINSON NEFF+RAGONETTIP.. Memorandum TO: Eric Heil, Matt Pielsticker, Justin Hildreth FROM: Kimberly A. Martin CC: Munsey Ayers DATE: July 24, 2012 RE: The Village (at Avon) Amended and Restated PUD Guide: Final PUD Submittal (Version 13) FILE No.: 200223 0015 Exhibit B This memorandum is provided in connection with the submittal on even date herewith of the final PUD application (PUD amendment) of The Village (at Avon) Amended and Restated PUD Guide (version 14) ("Version 14 PUD"). Initially capitalized terms used but not defined in this memorandum have the meanings given them in the PUD Guide. In connection with Town of Avon ("Town") Council comments made at its July 10, 2012 hearing as generally described in the status report filed with the Eagle County Court on July 11, 2012 and reiterated here: "... Avon Town Council members stated they are not opposed to considering and approving material terms and matters outside the Settlement Term Sheet, but only if such matters are mutually agreed upon and mutually beneficial to both the Town and the Truer Creek Parties," on July 17, 2012, you provided the Applicant with revisions to version 10 of The Village (at Avon) Amended and Restated PUD Guide (such revised document referred to herein as the "Version 11 PUD"). The Applicant has reviewed and proposed certain revisions to the Version 11 PUD, which are reflected in the submitted Version 14 PUD (the Master Developer's versions 12 and 13 are working drafts only). The redline document submitted with the Version 14 PUD is a comparison of the Version 14 PUD against the Version 11 PUD. This memorandum discusses the changes proposed by the Master Developer to the Version 11 PUD as set forth in the Version 14 PUD. Section references below are references to the sections of the Version 14 PUD. SECTION A. PURPOSE/GENERAL PROVISIONS A.2 Purpose Clarifications were made to the Town's proposed language regarding applicability of defined terms. 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENIOHNSON.COM Exhibit B A.2 Purpose In response to Town comments, a language clarification was made regarding the relationship of the PUD Master Plan to the PUD Guide. A clarification was made to provide that the Project is controlled by all matters set forth in the PUD Guide, and language was reinserted with respect to such matters controlling over additional or conflicting such provisions of the Municipal Code. A.4 General Provisions A.4(a)(iii) Control Over Use, Location and Bulk The Design Review Board authority was clarified to include authority over Use, as it is the Applicant's position that this is consistent with the 1998 PUD language that the Design Review Board shall control use and development of the Project. A.4(c) Comprehensive Plan Language was added to clarify that the Town Comprehensive Plan adopted in 1996 applies to the Project, which application of the Comprehensive Plan is consistent with the 1998 PUD. A.4(d) Design Covenant Language was added to provide that the Design Covenant governs Uses and development of the Project, as such language is included in the 1998 PUD. A. 4(d) Design Review Board Language was added to provide that the Design Review Board's exclusive authority includes "architectural design, landscape design, urban design and site design" consistent with the language in the 1998 PUD. Certain other minor language clarifications were made. A.4(1) Planning Areas and Boundaries, Road Alignments and Lot Lines The removed language is not acceptable as proposed by the Town. The Applicant and Town have had discussions about specifically defining what changes to the conceptual road alignment as depicted on the PUD Master Plan would require a formal amendment to the PUD Guide. The Applicant acknowledges this matter requires further discussion and the inclusion of language addressing this matter is appropriate. A.5 Applicability of Other Regulations A.5(a) General The word "materially" was deleted for consistency with the Vested Property Rights Statute. A.5(b) Modifications and Exceptions The reference was revised to address all applicable sections of the PUD Guide were the Municipal Code is superseded by the terms of the PUD Guide. The word "materially" was deleted for consistency with the Vested 2 Exhibit B Property Rights Statute. The limitation of the applicability of these provisions to the period of the Vested Property Rights was removed as this matter requires further discussion. A.5(c) Conflict The word "materially" was deleted for consistency with the Vested Property Rights Statute. The limitation of the applicability of these provisions to the period of the Vested Property Rights was removed as this matter requires further discussion. A.7 Expiration of Vested Property Rights Term The limitation of the applicability of these provisions to the period of the Vested Property Rights was removed as this matter is not included in the 1998 PUD and requires further discussion, consideration and clarification. SECTION B TOTAL PERMITTED DENSITY The 650,000 square foot cap on commercial was increased as contemplated by the "Settlement Matrix" and as generally discussed during Town Council hearings (increasing the cap as an alternative to removing the cap on commercial). Language was moved from the Planning Area I provisions to this provision regarding Primary/Secondary Units situated on the same Lot constituting one Dwelling Unit. Language was added to clarify the calculation of density on a Planning Area by Planning Area basis and not on a Final Plat or Site basis. Minimum and maximums for Commercial and Residential Uses were removed as such requirements place artificial limitations on development, are an administrative burden and could have the unintended adverse effect for the Town and Applicant of prohibiting development that is otherwise desired by the Town. Because density limitations for Residential Uses have been re-inserted into the PUD Guide, a subsection was added to clarify the calculation of Dwelling Units for tracking purposes. Further language was added to clarify what Uses are not "Commercial Space" for purpose of tracking Commercial density, generally consistent with the 1998 PUD except that hospital Use was included in such exclusions. Because Commercial Uses are expressly defined in the PUD Guide, unnecessary language regarding what Uses are "Commercial Space" was removed. The defined term Gross Square Footage is used here, meaning floor area measured from the interior of the walls. [FORMER] SECTION C WATER RIGHTS TRACKING This section has been removed from the PUD Guide in its entirety, consistent with Town comments. SECTION D DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) 1(d) General The deleted language was removed because the Applicant is unclear as to its intended meaning and effect; this matter may be further discussed with the Town. Exhibit B Planning Area A Changes were made to permitted Uses as indicated. Light Industrial Use and rock and gravel crushing have been removed. Medical Marijuana Businesses have been added as a Prohibited Use. Hotel Uses north of Main Street proposed to have a Building Height between 80 feet and 135 feet have been moved from the Use by Right Use Category to the Special Review Use Category. Planning Area B Maximum building height was increased from 35 feet to 60 feet, consistent with the 1998 PUD. Reference to the Parking Regulations was reinserted as they apply to all Property within The Village (at Avon), consistent with the 1998 PUD. Planning Areas C and D Changes were made to permitted Uses as indicated. Medical Marijuana Businesses have been added as a Prohibited Use. The side setback was eliminated to allow for in-line development and subsequent subdivision. The rear setback was reduced from 20 feet to 10 feet, consistent with the 1998 PUD. Maximum Building Height was revised to be consistent with the 1998 PUD, except that hospital -related Uses are allowed up to a Maximum Building Height of 80 feet as a Special Review Use. Planning Area E Side and rear setbacks were revised to be consistent with the 1998 PUD. Planning Areas F, G, H and I Changes were made to permitted Uses as indicated. Heavy industrial and rock and gravel crushing have been removed. Medical Marijuana Businesses have been added as a Prohibited Use. Hotel Uses on Planning Area I proposed to have a Building Height between 80 feet and 135 feet have been moved from the Use by Right Use Category to the Special Review Use Category. Hospital -related Uses proposed to have a Building Height between 48 feet and 80 feet have been moved from the Use by Right Use Category to the Special Review Use Category. 4 Exhibit B For Commercial Uses and Mixed Use Projects, rear setbacks were revised to be consistent with the 1998 PUD. For Industrial and Residential Uses, side and rear setbacks were revised to be consistent with the 1998 PUD. Interstate 70 setbacks were revised to be consistent with the 1998 PUD. Residential density maximum was increased from 15 DU/acre to 18 DU/acre to allow for a reasonable future redevelopment of primarily intensive Commercial Uses (i.e., Wal-Mart and Home Depot). Planning Area J Changes were made to permitted Uses as indicated. Light Industrial and rock and gravel crushing have been removed. Medical Marijuana Businesses have been added as a Prohibited Use. For Commercial Uses, rear setbacks were revised to be consistent with the 1998 PUD. For Residential Uses, side and rear setbacks were revised to be consistent with the 1998 PUD. Interstate 70 setbacks were revised to be consistent with the 1998 PUD. Residential density maximum was increased from 15 DU/acre to 18 DU/acre to allow for a reasonable development of a variety of Residential product types. A clarification was made regarding maximum Lot Coverage: the one-acre/80% limitation applies to Single- family Residential Uses only (i.e., does not apply to Multi -family Residential Uses). Planning Area K Changes were made to permitted Uses as indicated. All Commercial Uses were removed from Planning Area K. Rock and gravel crushing have been removed. Setbacks were revised to be consistent with the 1998 PUD. Planning Areas RMF -1 and RMF -2 Changes were made to permitted Uses as indicated. Rock and gravel crushing have been removed. Setbacks were revised to be consistent with the 1998 PUD. Open Space/Parkland Planning Areas Exhibit B Construction staging and rock and gravel crushing have been removed. Public Facility Planning Areas Setbacks were revised to be consistent with the 1998 PUD. SECTION E SPECIAL REVIEW USE E.1(c) Special Review Use Permit A clarification was re-inserted to provide that Section F supersedes the Town Development Code provisions regarding Special Review Use in their entirety. The 1998 PUD provides for a complete and comprehensive Special Review Procedure, including process, Application requirements and review criteria. E.4 Criteria for Review Review criteria were revised to be consistent with the 1998 PUD (one of which deleted criteria is generally duplicative of another of the provided criteria). SECTION F TEMPORARY USES AND STRUCTURES A clause was added to confirm that approval by the Design Review Board is a condition to the Town's approval of a Temporary Use or Structure. SECTION G SUBDIVISION The administrative subdivision provisions for the Project proposed in version 10 of The Village (at Avon) Amended and Restated PUD Guide have been reinserted (excluding Planning Areas RMF -1, K and I). The Applicant desires to further discuss this matter with the Town as the Settlement Term sheet contemplates administrative subdivision for these Planning Areas and the Applicant has proposed administrative procedures. ;:W611Y IMIN=13*2011[1]91/_IBlood9W-13/_\►�1�1►` 117►/l�� � I1O1MIS 7 -1 H.3(b)(ii) Administrative Amendments See prior comment in Section AA(f) above. SECTION J SUPPLEMENTAL REGULATIONS J.1 Interim Uses Minor clarifications were made in descriptions of the Interim Uses as indicated. J.4 Parking Requirements Clarifying language was reinserted to provide that the parking regulations set forth in Exhibit C to the PUD Guide supersede any parking regulations set forth in the Town Municipal Code. Exhibit B J.8 Alternative Equivalent Compliance and Variances Language was revised to refer to the Town Development Code without modification J.13 Residential Fire Suppression Systems Language was revised to be consistent with the 1998 PUD. A clarifying sentence was added to provide that, with respect to residential fire suppression systems, the Project is subject only to the Eagle River Fire Projection District regulations, as may be amended from time to time. J.IS Affordable Housing Plan Language proposed in the Version 11 PUD (which the Applicant has not had an opportunity to discuss with the Town) that is not included in the 1998 PUD was removed in the first and last paragraphs of this section. J. 15 Provision of Certain Amenities Language was added to allow for flexibility for dedication of additional parkland on the valley floor as opposed to Planning Areas K, J and I (re -allocation of the 5.8 acres from Planning Area N South as set forth in the Settlement Term Sheet). The qualification that "at least fifty percent (50%)" of dedicated parkland shall be well -drained, etc. was reinserted, consistent with the Town Development Code requirements. The Applicant notes this subsection (c), Additional Parkland Dedication, was included by the Applicant based on Town comments. EXHIBIT F STREET STANDARDS Certain revisions were made based on comments provided by Eric Heil in his letter dated July 17, 2012 and by Justin Hildreth in his letter dated July 20, 2012. It is the Applicant's understanding that the Applicant and Town staff will further discussion the comments in such letters and additional revisions to this exhibit may result from those discussions. EXHIBIT G MUNICIPAL CODE PROVISIONS NOT APPLICABLE TO THE VILLAGE (AT AVON) The Applicant has not proposed or accepted revisions to version 10 of The Village (at Avon) Amended and Restated PUD Guide. The Applicant has not had an opportunity to evaluate and discuss with the Town Town staff's proposed revisions to this exhibit, and the Applicant acknowledges that this exhibit may be further modified based on discussions with the Town. EXHIBIT H REFERENCED DEVELOPMENT CODE SECTIONS In response to Town staff comments, the Applicant has removed this exhibit and in its place inserted a placeholder for the form of Public Improvements Agreement to be mutually agreed upon by the Town and Master Developer, as contemplated by the Development Agreement. Exhibit B EXHIBIT I DEFINITIONS Minor revisions were made as indicated. The Applicant has not accepted revisions proposed by the Town to version 10 of The Village (at Avon) Amended and Restated PUD Guide. The Applicant has not had an opportunity to evaluate and discuss with the Town Town staff's proposed revisions to this exhibit, and the Applicant acknowledges that this exhibit may be further modified based on discussions with the Town. 1019587.1 Exhibit C The Village (at Avon) Amended and Restated PUD Guide [Insert Approval Date] 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. Heil Comments 7-12-2012 Exhibit C TABLE OF CONTENTS Page A. PURPOSE/GENERAL PROVISIONS.............................................................................. 1 1. Defined Terms....................................................................................................... 1 2. Purpose...................................................................................................................1 3. Vested Property Rights.......................................................................................... 2 4. General Provisions................................................................................................. 3 5. Applicability of Other Regulations........................................................................ 5 6. Conflict.................................................................................................................. 6 B. TOTAL PERMITTED DENSITY..................................................................................... 6 1. Commercial and Industrial Uses............................................................................ 6 2. Dwelling Units....................................................................................................... 7 C. WATER ALLOCATION CALCULATION AND TRACKING ...................................... 7 1. General...................................................................................................................7 2. Allocation of Water; Limitation on Development ................................................. 7 3. Water Rights Master List....................................................................................... 8 4. Return of Water to Water Bank............................................................................. 8 D. GENERAL LAND USE DESIGNATIONS...................................................................... 8 1. Designations...........................................................................................................8 2. Permitted Uses....................................................................................................... 9 E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD............ 9 1. General...................................................................................................................9 2. Planning Area A - Village Center Mixed Use Project ........................................... 9 3. Planning Area B -Community Facilities.............................................................. 13 4. Planning Areas C and D - Village Residential Mixed Use Projects .................... 14 5. Planning Area E - School..................................................................................... 18 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Projects ....... 19 7. Planning Area J — Regional/Neighborhood Commercial and Residential MixedUse Projects.............................................................................................. 24 8. Planning Area K - Hillside Residential................................................................ 27 9. Planning Areas RMF 1 and RMF 2 - Residential Multi -Family ......................... 29 10. Planning Areas P1 -P3: Parkland......................................................................... 32 Heil Comments July 17, 2012 -i- Exhibit C TABLE OF CONTENTS (continued) Page 11. Planning Areas OS 1 — OS7: Natural Open Space ............................................... 33 12. Planning Areas PF -1 — PF -3: Public Facility ..................................................... 35 F. SPECIAL REVIEW USE................................................................................................ 37 1. Special Review Use Permit.................................................................................. 37 2. Application Filing and Processing....................................................................... 37 3. Submittal Requirements for Special Review Use ................................................ 38 4. Condition Precedent to Town Approval.............................................................. 38 5. Criteria for Review, Recommendation, and Approval of Special Review Uses...................................................................................................................... 38 6. Amendments to Special Review Use Permit ....................................................... 39 G. TEMPORARY USES AND STRUCTURES.................................................................. 39 1. Temporary Use Permit......................................................................................... 39 2. Condition Precedent to Town Approval.............................................................. 40 3. Application Filing and Processing....................................................................... 40 H. SUBDIVISION................................................................................................................40 1. Multiple Buildings on Single Lot or Superblock................................................. 40 2. Subdivision.......................................................................................................... 40 I. DEVELOPMENT PLAN AMENDMENT PROCEDURES ........................................... 46 1. General.................................................................................................................46 2. Formal Amendments............................................................................................ 47 3. Administrative Amendments............................................................................... 47 4. Modifications Not Requiring Amendment.......................................................... 49 J. SUPPLEMENTAL REGULATIONS............................................................................. 50 1. Interim Uses......................................................................................................... 50 2. Signs.....................................................................................................................51 3. Parking Requirements.......................................................................................... 51 4. Surface Parking Landscaping Requirements....................................................... 51 5. Drainage Requirements........................................................................................ 51 6. Sidewalk and Trail Standards.............................................................................. 52 7. Alternative Equivalent Compliance and Variances ............................................. 52 Heil Comments July 17, 2012 -ii- Exhibit C TABLE OF CONTENTS (continued) Page 9. Supplemental Design Standards.......................................................................... 53 10 Wildlife Mitigation Plan...................................................................................... 53 11. Design Review Guidelines................................................................................... 53 12. Natural Resource Protection................................................................................ 54 13. Residential Fire Suppression Systems................................................................. 54 14. Park, Recreation and Trail Access....................................................................... 54 15. Affordable Housing Plan..................................................................................... 55 16. Provision of Certain Amenities............................................................................ 56 EXHIBIT A Legal Description............................................................................................... A-1 EXHIBIT B PUD Master Plan............................................................................................... B-1 EXHIBIT C The Village (at Avon) Parking Regulations....................................................... C-1 EXHIBIT D Wildlife Mitigation Plan.................................................................................... D-1 EXHIBIT E Minimum Design Guideline Standards...............................................................E-1 EXHIBIT F Street Standards..................................................................................................F-1 EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD.................................................................................................................... G-1 EXHIBIT H Referenced Development Code Sections........................................................... H-1 EXHIBIT I Definitions............................................................................................................I-1 Heil Comments July 17, 2012 -iii- Exhibit C The Village (at Avon) Amended and Restated PUD Guide [Insert Approval Date] A. PURPOSE/GENERAL PROVISIONS. 1. Defined Terms.' InAially—eCapitalized words and phrases used in the PUD Guide have the meanings set forth in Exhibit I of this PUD Guide. Words and phrases which are not defined in Exhibit I but are defined in the Development Code shall have the meaning as defined in the Development Code.2 If defined words or phrases in this PUD Guide are the same or substantially similar to defined words or phrases in the Development Code, then the defined word or phrase in this PUD Guide shall be the sole and exclusive definition of such word or phrase. Any word or phrase in this PUD Guide which is not defined in this PUD Guide and not defined in the Development Code but is a word or phrase which is defined elsewhere in the Avon Municipal Code shall not be presumed to have the specific meaning defined in the Avon Municipal Code unless expressly stated herein. 2. Purpose. (a) The Village (at Avon) PUD encompasses the Property, which is a large parcel of land under unified development control of the Master Developer (together with and on behalf of the Developer Affiliates) as of the Effective Date, and Mable f6f er-ea4ian of Planned Unit Development (PUD) and development of the Pr-epeAy in aeeor-danee therewith The PUD Guide and PUD Master Plan shall control the zoning, Use, Development Standards and development application review procedures of the Property to the extent defined in the PUD Guide and the 1 I prefer all citations and headings to be bolded because then they stand out better. 2 This language clarifies that definitions in the Avon Development Code apply. The reference is specific to the Avon Development Code and not other definitions in the Avon Municipal Code. 3 The terms "zoning, Use, Development Standards and development application review procedure" more accurately captures the aspects which this PUD Guide addresses. "type, density and intensity of Use" are redundant to the concepts covered in "Use and Development Standards". The phrase "development application review procedures" is added because such procedures in the PUD Guide are part of the PUD approval. Language stating that the use and development standards are the "sole and exclusive" uses and standards is deleted because that is contrary to the existing PUD language: A.4. Applicability of Other Regulations, A.5. Conflict (which expressly allowed Town to apply regulations where the Development Plan does not address a specific subject and to the extent not inconsistent with any provision of the Development Plan), and B.25 definition of Municipal Code which allows amendments. In fairness to Traer Creek, I've attempted to include the phrase and concept of "sole and exclusive" to standards and requirements elsewhere in the PUD Guide where appropriate. Heil Comments July 17, 2012 Exhibit C PUD Master Plan pursuant to Section 7.16.060 Planned Unit Development (PUD) of the Avon 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 sea.. C.R.S.4 (b) In accordance with the terms and conditions of that certain SETTLEMENT TERM SHEET made and entered into the 7th day of October, 2011, by and between the Town of Avon, BNP Paribas, Traer Creek Metropolitan District, Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited Liability Company, Traer Creek -HD LLC, and Traer Creek -WMT LLC (the "Settlement Term Sheet"), the Town's final non -appealable approval of this PUD Guide establishes and implements specific terms and conditions of the Settlement Term Sheet and shall be binding on all parties to the Settlement Term Sheet. (c) The Original PUD Guide previously was amended by and includes (collectively, the "Prior Amendments"): (i) PUD Development Plan Administrative Amendment No. 1 (amending the PUD Master Plan only), dated May 21, 2001, and recorded in the real property records of Eagle County, Colorado, on July 31, 2001 at Reception No. 763439. (ii) PUD Guide Administrative Amendment No. 2, dated February 13, 2002, and recorded in the real property records of Eagle County, Colorado, on February 29, 2002 at Reception No. 786254. (iii) PUD Guide Administrative Amendment No. 3, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2001 at Reception No. 795806. (iv) PUD Guide Administrative Amendment No. 4, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2002 at Reception No. 795805. (v) Formal Amendment Number One to The Village (at Avon) PUD Guide, dated January 25, 2007, and recorded in the real property records of Eagle County, Colorado, on March 2, 2007 at Reception No. 200705491. (d) The purpose of this PUD Guide is to amend and restate in its entirety the original PUD Guide, including the incorporation into a single document of the Prior Amendments and the amendments contemplated in the Settlement Term Sheet, for ease of reference and to implement the terms and conditions of the Settlement Term Sheet. Accordingly, this PUD Guide expressly replaces and supersedes the Original PUD Guide and the Prior Amendments.any additional or- eenflieting pfevisions of the Muaieipal Code and sets fefth the 4 I've updated the Code citation reference to PUD from former 17.20.110 to 7.16.060. The existing language referenced both the Code and the PUD Act of 1972. The Avon Municipal Code supersedes the PUD Act of 1972 pursuant to the Town's home rule authority — see South Creek Associates v. Bixby, 781 P.2d 1027 (Colo. 1989); therefore, the language is clarified to avoid confusion over the application of the PUD Act of 1972 to the zoning. Heil Comments July 17, 2012 2 Exhibit C 5 The revisions clarify that the Original PUD and Prior Amendments are replaced by this version of the PUD Guide. 6 The Vested Property Rights should be defined once in one document to avoid confusion or potential for discrepancies. The Annexation Agreement is the agreement which is designed to expire someday just as the Vested Property Rights are designed to expire while the PUD Guide is designed to continue after the expiration of the Vested Property Rights, therefore, the Vested Property Rights language should be fully addressed in the Annexation Agreement. Heil Comments July 17, 2012 Exhibit C 4. General Provisions. (a) Control Over Use, Location and Bulk. The Development Plan shall control the Use, location and bulk of Buildings and Structures Efrom 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 Aany new Building or Structure, and any parcel of land or Site, may and (ii) For any changes or extensions of TU Use of any existing Building, Structure, parcel of land or Site may be charmed or exten e ; and (iii) The Design Review Board shall, in conformance with the Development Plan, establish the final Use and fir ' location and bulk of all future Buildings, Structures and improvements; and (iv) Any existing Building or Structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose or Use permitted or required by the provisions of this PUD Guide that is applicable to the Site in which such Building, Structure, Site or parcel of land is located, and for no other purposes or Uses. (b) Incorporation of PUD Master Plan. The PUD Master Plan, together with everything shown thereon and all amendments thereto approved by the Town subsequent to the Effective Date, is hereby incorporated by reference into this PUD Guide as Exhibit B. Collectively, this PUD Guide, the PUD Master Plan and the Development Agreement are referred to herein as the "Development Plan."9 (c) Design Covenant. The Property is encumbered by and subject to the Design Covenant, whieh shall govem mattefs related to the ttse and development of all or- any paft of the io Where any conflict between the Design Covenant and the Development Plan may occur, the more restrictive provision shall govern. (d) Design Review Board. As contemplated by the Design Covenant, the Design Review Board has been organized to administer and enforce the Design Covenant and Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board shall have authority to review and the sole and exclusive authority to approve the use an development of all of any pai4 of the design of improvements within the Property for compliance with the Design Guidelines, subject to the Town Council's right of enforcement in Section L 10. 0. , the Design Review Bear -El has 7 I attempted to improve the grammar in this section. The introduction combined with the first two points does not read as complete sentences. 8 Staff is not supportive of expanding VAA DRB authority in the PUD to include review of Uses. This is a change from the existing PUD. 9 This is redundant with the definition of Development Plan; however, the definition does cross-reference 4(b) and the language in both sections is consistent in its definition of the Development Plan. 10 The language now tracts the language in the existing PUD Guide. Heil Comments July 17, 2012 4 Exhibit C by Right, Speeial Review Uses, Temper-afy Uses and, as applieable, latef:ifn Uses; and (4) any The Design Review Board shall refer to the Town's Planning and Zoning Commission, for comment only and not for approval 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 to the Town's Planning and Zoning Commission). At Master Developer's option, a 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 official as a member. The Town's approval of any Appheation building permit within the Property for- development of a Use or Site is conditioned upon the Town's prior receipt of a certificate of approval executed by the President of the Design Review Board.l i (e) Design Review Guidelines. Pursuant to the Design Covenant, Design Review Board has prepared, approved and promulgated the Design Review Guidelines to supplement and complement this PUD Guide. Where any conflict may occur between the Design Review Guidelines and the Development Plan, the more restrictive provision shall govern. (f) Planning Areas and Boundaries, Road Alignments, Lot Lines. (i) 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, general eir-e xlatien pat;tems, and vehicular ingress and egress to and f between Planning Areas adjaeent property � outside of thePr-ape .12 General circulation patterns and traffic connectivity to adjacent property outside the Property shall be binding and any change shall require a formal amendment to the PUD Guide and PUD Master Plan. The alignment of future temporary and permanent streets shall be subject to review and approval by the Town in connection with subdividing the applicable portion of the Property and submittal by the Applicant of engineered road design plans, as set forth in Section H of this PUD Guide„a—a 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. Notwithstanding the foregoing, if such street shall, eenneetten- wi 11 The use Application is overly broad and would encompass PUD amendments, subdivisions, etc. The existing PUD does not contemplate this expanded role for VAA DRB. I have referenced "building permit" because I believe that captures Town's permit process as relates to VAA DRB's role to review the design of improvements. There may be some improvements which VAA DRB intends to regulate which does not require a Town building permit (e.g. fence?), but then the condition of VAA DRB approval would not be relevant anyway. 12 General circulation patterns and traffic connectivity to adjacent property outside the Property is intended to be binding and changes will require a formal amendment. Heil Comments July 17, 2012 5 Exhibit C fiitufe development of the ,is depicted on the PUD Master Plan to extend and continue further than such phase and property subject to the Application and connect to existing or future planned street(s), such Applicant shall submit as a part of its Application Preliminary Engineering for the planned extension and continuation of the subject street which is sufficient to demonstrate that the alignment and ,grade of the construction of a portion of the street shall be adequately designed to allow extension and continuation of the subject street in compliance with 922licable 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. (g) Issuance of Building Permits; Design Review Board Certification. (i) Provided an Application for issuance of a building permit (or grading permit, etc.) complies with the Town's Building Code (as defined in the Development Code) and the Development Plan, the Town shall issue such building permit (or grading permit, etc.) for any construction, improvements or alterations of a Building, Structure or other form of development requiring a building permit (or grading permit, etc.) for which the plans, specifications and details have been reviewed and approved by the Design Review Board as defined herein. A certificate of approval executed by the President of the Design Review Board shall be affixed to the plans and specifications made a part of each building permit, grading permit, temporary certificate of occupancy, permanent certificate of occupancy, etc. Application prior to the Town's approval thereof. To facilitate efficient review and approval of building permits (grading permits, etc.), the Town's building department may accept for processing a building permit (or grading permit, etc.) concurrently with such Applicant's submittal of plans, specifications and details to the Design Review Board for review and approval of such permit; provided, however, the Town shall not approve any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy unless a certificate of Design Review Board approval is affixed thereto as required by this Section A.4(g)(i), such issued certification of Design Review Board approval being an express condition precedent to the Town's approval of any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy. (ii) Additionally, the Design Review Board certification shall affirmatively state the Design Review Board's confirmation, and the Director shall confirm, an Application's compliance with: Heil Comments July 17, 2012 6 Exhibit C M the supplemental design and improvement standards set forth in Section J.9 prior to issuing a building permit for construction of a Building designated for Hotel, Motel and Lodging Uses within Planning Area J. 1. •Rrmn . 5. Applicability of Other Regulations. (a) General. Except as otherwise expressly provided in the Development Plan, the establishment of Vested Property Rights pursuant to the Development Plan Agreement shall not preclude the application develeper-s in the Town 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), and appfoved Site Spee fie Development Plans 14orthe 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 materially15 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, the PUD Master Plan 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. Pursuant to the supplemental regulations set forth in Section J of this PUD Guide, certain provisions of the Municipal Code either are superseded in their entirety by this PUD Guide or apply within The Village (at Avon) but are subject to the modifications set forth in such supplemental regulations. Additionally, the provisions of the Municipal Code which are set forth in Exhibit G of this PUD Guide are, without limiting any other present or future regulations or provisions of the Municipal Code which have similar effect from being similarly excepted, specifically identified as provisions that directly or indirectly have the effect of 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, the PUD Master 13 References to off-site monumentation have been deleted. Town staff does not believe off-site monumentation without additional minimum design regulations enforceable by Town benefits the project or the public. 14 The proposed changes make the grammar unwieldy and I cannot decipher the intended substantive effect of the changes. 15 I've added back in the term "materially" because that is in the existing PUD, I have no reason to believe Town ever contemplated or supported deleting this term, and deleting this term permits the parties to argue any and all actions may effect vested property rights, even if di minimus. Heil Comments July 17, 2012 7 Exhibit C Plan or any approved Final Plat for any portion of the Property, and therefore shall not be applicable within The Village (at Avon) PUD during the term of the Vested Property Rights. 16 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. During the period of Vested Property Rights, the interpretation, priority and application of the PUD Guide and PUD Master Plan in relationship to the Municipal Code shall be governed by Section 2.6 (b) of the Development Agreement. in intefpr-eting the intended-effeet of this s4seotie,A.6, the Town 7. Expiration of Vested Property Rights Term. Upon expiration of the term of the Vested Pronertv Riizhts. the PUD Guide and anv amendments thereto shall continue to be the effective zoning; however, the Property shall then be subject to alleg neral powers and authority of the Town concerning zoning, rezoning, planned unit development, subdivision, land use regulation, building regulation and other general regulation of the Town.l7 B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at Avon) PUD shall not exceed: 18 16 There are some land use regulation areas which should be the sole and exclusive regulations, but such effect must be limited to the term of the Vested Property Right. 17 This provision clarifies the relationship of the Town's regulatory authority to the PUD upon expiration of the Vested Property Rights term. 18 The existing PUD language regarding maximum density has been re-inserted. Heil Comments July 17, 2012 8 low 16 There are some land use regulation areas which should be the sole and exclusive regulations, but such effect must be limited to the term of the Vested Property Right. 17 This provision clarifies the relationship of the Town's regulatory authority to the PUD upon expiration of the Vested Property Rights term. 18 The existing PUD language regarding maximum density has been re-inserted. Heil Comments July 17, 2012 8 Exhibit C Planning Areas A, C, D, E, F, G, H, J, K, RMF 1 and RMF 2 shall not exceed: (a) Commercial Space. 650,000 square feet of Commercial Space. (b) Dwelling Units. 2,400 Dwelling Units. Five hundred of the 2,400 Dwelling Units shall be constructed as affordable housing, pursuant to the Affordable Housing Plan. 2. Planning Area 1. The permitted Commercial Space and Dwelling Unit densities within Planning Area I shall be determined in the future pursuant to the formal amendment procedures set forth in Section I below, provided however that the permitted Commercial Space for Planning Area I shall not be less than 196,970 square feet (which shall be in addition to the 650,000 square feet of permitted Commercial Space stated above in Section B. L(a)) and that the permitted Dwelling Units shall not be less than 300 Dwelling Units (6 Dwellingper Acre times 50 acres).19 The Village (at Avon) and the Town of Avon acknowledge that Planning Areal 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 of Avon. Until such time as a secondary access road is constructed, no Commercial Space shall be allowed and the maximum density of Dwelling Units shall not exceed 280. 3. Densitv calculations for residential development within Planniniz Areas A through I, RMF 1 and RMF 2 shall exclude areas with slopes exceeding 40%. 4. At final buildout of the particular Planning Area, the following minimum and maximum ratios of commercial and residential development, stated as a percentage of the aggregatequare footage of development within the Planning Area [e.g., commercial square footage - (commercial + residential square footage)percentage of commercial], shall apply within the following Planning Areas: Planning Area Residential Commercial Min% Max% Min% Max% Village Center (A) 30% 80% 20% 70% Village Residential (C, D) 90% 100% 0% 10% 19 These numbers are based on the following calculation: Commercial: existing VAA is 650,000 sq.ft. divided by 165 acres = 3,939.4 sq.ft. per acre. PA -I is 57 acres minus 7 acres for school and parks = 50 acres times 3,939.4 sq.ft. per acre. Existing PUD states 6 Dwelling Units per acre for PA -M (now I) x 50 acres = 300 Dwelling Units. Heil Comments July 17, 2012 Exhibit C Regional Commercial (F, G, H, J) 0% 20% 80% 100% 5. Dwelling Unit and Commercial Space Report. The Design Review Board shall submit a Dwelling Unit and Commercial Space Report to the Town of Avon along with its certificate of Design Review Board approval for each Final Plat application. This report is a detailed statement by Planning Area of the number of Dwelling Units and amount of Commercial Space assigned to each Final Plat within The Village (at Avon) to ensure that the total permitted density for The Village (at Avon) PUD is not exceeded. 6. Commercial Space is any area which may be used, rented or leased for Commercial Use.20 (a) Except as specifically provided below, Commercial Space includes, but is not limited to: (i) Business and professional offices; (ii) Retail specialty and gift shops; (iii) Restaurants; (xiv) (iv) Banks; (XV) (v) Barber and beauty shops; (vi) Laundromat/dry cleaning; (vii) Shoe repair; (viii) Automobile repair and services; (ix) Tavern; (x) Cinema; (xi) Clothingstores; ores; (xii) Department stores; (xiii.) Beverage stores; (xiv) Furniture stores; (XV) Hardware stores; (xvi) Food stores: (xvii) Real estate sales offices; (xviii) Uses which the Director of Community Development determines to be similar. (b) The following uses will not be considered Commercial Space: (i) All residential and lodging facilities (except for areas used specifically as enumerated under Subparagraph 6.(a) above) including, but not limited to: (1) employee housing; (2) condominiums; 20 The existing PUD Guide language regarding Commercial Space was reinserted here with the exception that the reference uses the defined terms "Commercial" and "Use" in the first sentence. This works better than including in the definitions. Heil Comments July 17, 2012 10 Exhibit C (3) hotels; (4) lodges; (5) duplex residences; (6) primary/secondary residences; (7) single family residences; and (8) townhouse residences c) For pumoses of calculating the total amount (in sauare feet) of commercial area permitted pursuant to the PUD Guide, Commercial Space shall be measured as the total floor area, including exterior building 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 square feet, unless the Town has consented to construction of such excess square footage, churches, skating arenas, cultural and community centers and facilities. and recreational centers and facilities. ii) In office and retail buildings. hallways. lobbv 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 area permitted pursuant to the PUD Guide unless actually leased to an individual tenant. (iii) In hotels, inns and motels, 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 hotel guests shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of commercial area permitted pursuant to the PUD Guide, but retail areas intended to cater primarily to non -hotel guests and full-service restaurants shall constitute Commercial Space for such purposes; Heil Comments July 17, 2012 11 Exhibit C (iv) In any building, parking areas and structures shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of commercial area Permitted pursuant to the PUD Guide_ C. WATER ALLOCATION CALCULATION AND TRACKING. 1. General. Certain water rights have been conveyed to the Upper Eagle Regional Water Authority ("UERWA") to be used in connection with the development of the Project and to serve Uses within The Village (at Avon). The amount of water rights conveyed and the extent of water service that can be provided with the conveved water rights has been calculated based upon water depletion factors and extent of water service to the development approved in water court decree in Case No. 97CW306, as set forth in that certain Traer Creek Water Storage Tank Agreement entered by amount other parties, the Town, the Master Developer and UERWA, dated effective as of 2012. Pursuant to that agreement, UERWA has committed to serve development within Village (at Avon) PUD in amount of 180.6 consumptive acre feet of water per year.21 applieation of a single family equivalent ("SFE") as set fofth in that eeftain Traet! Cf!eek Watef Ster-age and Wa4er- Ser-viee Agreement entered by, among other- paFties, the Town, the Ma Dems=ewe and UERWA, n d ted effective as of , 2012. The total amount of such conveyed water rights is 2,900 180.6 acre feet of consumptive use as set forth in Case No. 97CW306 ("Water Rights"), and, accordingly, 2,400 SFE (the "Water Rightsthe Water Rights are allocated to serve development within The Village (at Avon) PUD. Until such time as the Master Developer shall designate the portion of Water Rights to be allocated to a Final Plat. the remaininL, Water Rights shall be held in a flexible reserve account for future allocation to the Property (the "Water Bank"). 2. Allocation of Water; Limitation on Development. The Master Developer shall, in a written notice to the Town, designate the amount of the Water Rights then -available in the Water Bank that the Master Developer allocates to serve a Final Plat or- Site (or- applieable poftion the feoP within The Village (at Avon) PUD. Such allocation shall occur at the time of 21 This language is suggested by the Town's water attorney. Heil Comments July 17, 2012 12 ... . •„_ .. , C. WATER ALLOCATION CALCULATION AND TRACKING. 1. General. Certain water rights have been conveyed to the Upper Eagle Regional Water Authority ("UERWA") to be used in connection with the development of the Project and to serve Uses within The Village (at Avon). The amount of water rights conveyed and the extent of water service that can be provided with the conveved water rights has been calculated based upon water depletion factors and extent of water service to the development approved in water court decree in Case No. 97CW306, as set forth in that certain Traer Creek Water Storage Tank Agreement entered by amount other parties, the Town, the Master Developer and UERWA, dated effective as of 2012. Pursuant to that agreement, UERWA has committed to serve development within Village (at Avon) PUD in amount of 180.6 consumptive acre feet of water per year.21 applieation of a single family equivalent ("SFE") as set fofth in that eeftain Traet! Cf!eek Watef Ster-age and Wa4er- Ser-viee Agreement entered by, among other- paFties, the Town, the Ma Dems=ewe and UERWA, n d ted effective as of , 2012. The total amount of such conveyed water rights is 2,900 180.6 acre feet of consumptive use as set forth in Case No. 97CW306 ("Water Rights"), and, accordingly, 2,400 SFE (the "Water Rightsthe Water Rights are allocated to serve development within The Village (at Avon) PUD. Until such time as the Master Developer shall designate the portion of Water Rights to be allocated to a Final Plat. the remaininL, Water Rights shall be held in a flexible reserve account for future allocation to the Property (the "Water Bank"). 2. Allocation of Water; Limitation on Development. The Master Developer shall, in a written notice to the Town, designate the amount of the Water Rights then -available in the Water Bank that the Master Developer allocates to serve a Final Plat or- Site (or- applieable poftion the feoP within The Village (at Avon) PUD. Such allocation shall occur at the time of 21 This language is suggested by the Town's water attorney. Heil Comments July 17, 2012 12 Exhibit C Final Plat approval; pfevided, howevef, if , the alloeation of Water- Rights shall be made at the tifne of the Town's approval of a btii1ding pefmit. 22 If the amount of allocated Water Rights is insufficient to serve the Uses(s) contemplated by the Final Plat or building permit, as applicable, the applicable Applicant shall dedicate, or cause to be dedicated, additional water (or pay applicable fees -in -lieu of water dedication) in full satisfaction of the required SFEwater rights dedication requirements of the Town, and such dedication or payment of fees -in -lieu shall be a condition precedent to the Town's recording of the applicable Final Plat or issuance of the applicable building pen -nit .23 Development of the entirety of The Village (at Avon) as contemplated by the Development Plan may require in excess of 2,4/l�E acre feet of consumptive use as set forth in [CITE WATER DECREE] o serve such development. The Town shall have no obligation to record a Final Plat or issue a building permit within the Village (at Avon) PUD unless the requisite amount of water to serve the Use(s) contemplated by such Final Plat or such building permit, as applicable, is available to serve the same through one or any combination of the following: (i) allocation by the Master Developer of a portion or all of the Water Rights in the Water Bank then -available for allocation; (ii) dedication of water by or on behalf of the applicable Applicant; and (iii) payment of fees -in -lieu of water dedication by the applicable Applicant. The dedication of additional water rights and the payment of fees -in -lieu of water dedication shall be subject to review by the Town in accordance with the Development Code and in consultation with the Unner Eaale River Water Authoritv or its successor. 3. Water Rights Master List. During the term of the Vested Property Rights, Tthe Master Developer and the Town shall coordinate to develop and maintain a master list of the Water Rights, which shall include information describing each allocation by Master Developer of Water Rights r"�to serve a Final Plat, Site or individual development within a Site, as applicable, and the amount of outstanding and un -allocated Water Rights (in SFE) available in the Water Bank from time to time for allocation to serve future development within The Village (at Avon) PUD (the "Master List"). The Master Developer and the Town shall coordinate to update the Master List contemporaneously with each allocation of Water Rights by the Master Developer based upon the amount of Water Rights {}allocated pursuant to the Master Developer's written notice of allocation in accordance with subsection 2 above. 4. Return of Water to Water Bank. If the amount of Water Rights allocated by the Master Developer for any particular Final Plat, Site (or peftio thereof) or Use exceeds the amount of water actually required to serve such Final Plat, based upon actual development and final build -out thereof, the excess and unused Water Rights shall be returned to the Water Bank and the Master Developer and the Town shall coordinate to update the Master List accordingly. The determination of excess Water Rights shall be determined by the Town in consultation with the Upper Eagle River Water Authority and shall be based on actual consumptive use of the final build -out of any Final Plat. The Town may require water usage restrictions or maintenance requirements to prevent any future increase of consumptive water use above the amount determined necessary to serve the final build -out of 22 Staff does not believe there is a benefit to the definition of "Superblock" to the Town. The concept of Superblock only appears to create a mechanism for approvals that allows partial subdivision and development to occur on piecemeal basis without full compliance with subdivision regulations. 23 Reference to Final Plat or issuance of a building permit takes into consideration circumstances where a building permit is submitted for a Use which would exceed the amount allocated to the Final Plat. Heil Comments July 17, 2012 13 Exhibit C any Final Plat. 24—Any such excess and unused Water Right so returned to the Water Bank shall be available for allocation by the Master Developer to serve The Village (at Avon) in accordance with this Section C as though such Water Rights previously had not been allocated from the Water Bank to serve development within The Village (at Avon). Upon expiration of the term of the Vested Property Rights,any remaining water in the Water Bank shall be allocated by the Town, in the Town's sole discretion, to serve the Property.25 D. GENERAL LAND USE DESIGNATIONS. 1. Designations. The following list identifies Planning Areas within The Village (at Avon) PUD and their respective general land use designations: (a) Planning Area A: Village Center Mixed -Use Projects (b) Planning Area B: Community Facilities (c) Planning Areas C and D: Village Residential Mixed -Use Projects (d) Planning Area E: School (e) Planning Areas F, G, H and I. Regional Commercial Mixed Use Projects (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 OSI through OS7, inclusive: Natural Open Space (j) Planning Areas PI through P3, inclusive: Parkland (k) Planning Areas PF -1 through PF -3, inclusive: Public Facilities 2. Permitted Uses. Notwithstanding the generality of the foregoing land use designations, Uses and Use Categories permitted within each Planning Area are set forth in Section E (Development Standards), Section G (Temporary Uses and Structures) and Section J (Supplemental Regulations) of this PUD Guide, and certain of such Uses and Use Categories are defined in Exhibit I of this PUD Guide. 24 This clarifies that Town's approval of returning excess Water Rights to the Water Bank is subject to Town review. In addition, actual consumptive use will likely be directly related to specific uses (i.e. office versus restaurant), extent and type of irrigated landscaping, and use of low flow water fixtures. Therefore, the Town must be able to enforce restrictions on existing uses and requirements for maintenance of any aspect which achieves the then current amount of water consumption. 25 This language provides a sunsetting provision for Master Developer's right to allocate water. The language does not preclude the Master Developer from allocating any remaining water to the remainder of the project immediately prior to expiration of the term of the Vested Property Rights. Heil Comments July 17, 2012 14 Exhibit C E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD. 1. General. (a) The following Development Standards shall govern development of the referenced Planning Areas. Uses permitted within The Village (at Avon) include all Use Categories and all Uses within each Use Category, together with Accessory Uses, Primary Structures and Accessory Structures relating to such Uses. Within each individual Planning Area, such Uses are designated as Uses by Right, Special Review Uses or Exeltided 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 an ExeludedProhibited 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 Used by Right. (c) Temporary Uses may be permitted on a ease by ease i asisin 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 _All Uses, Buildings and Stpdetur-es within The Village (a4 Avon) PUD are subjeet the Design Review Guidelines, the Design Covenant, and prior- written approval of the Design Review Beafd. For- the avoidanee of dot", exeept as expi:essly set fel4h in this PUD Guide, the Town shali have no jur-isdietion ever- design r-eview with r-espeet to The Village (at 26 (e) Uses not identified as a Use by Right, Special Review Use, TemporM 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. 27 The listing of Prohibited Uses for each Planning Area is not exhaustive and shall not limit the interpretation of allowed Uses stated in the preceding sentence. 2. Planning Area A - Village Center Mixed Use Project. 26 The design review authority of the VAA DRB is clearly set forth in section A.4.(d). I've added the clarification to AA(d) that Town has no design review authority. 27 This language is similar to language in Section 7.24.010 (first paragraph, last sentence) and reflects discussion at July 10, 2012 public hearing. Heil Comments July 17, 2012 15 Exhibit C (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.2(b) below or specifically exelu WpLQhibited in Section E.2(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses; provided, however, no single retail business shall occupy more than 65,00028 of consolidated Gross Square Footage .29 (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) Commercial Parking. V) Convenience Retail (without (vi) Restaurants (without drive-through window service). (vii) Financial Institutions (without drive-through window service). (iv) viii) Residential Uses. (v)ix Mixed Use Projects; provided, however, (a) no Uses specifically exe1ttdedprohibited in Section E.2(c) below shall be included in such Mixed Use Project, (b) no Uses specifically identified as Special Review Uses in Section E.2(b) below shall be included except pursuant to the review and approval processes set forth in Section F below, and (c) Light Industrial Use(s) are subject to the limitation set forth in subsection (b)(ii) below. (vi)LxJ_Educational facilities including, but not limited to public and private schools, universities, and colleges. (iii) xi Cabled Telecommunications Equipment, Cabled Telecommunications Facilities and Cabled Telecommunications Services (eae', of th foregoing being subjeet to review and written appfeval by the Design Review Bea authorizing sueh Use). (viii) xii Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services poach of th-e 28 Town staff does not have and has not received any specific comment regarding the 5,000 sq.ft. increase in size; however, the Applicant has not explained the need or intent of increasing this number as specifically relates to review criteria. 29 The definition of Gross Square Footage is different than a building permit definition would be measured from the exterior of exterior walls. Heil Comments July 17, 2012 16 Exhibit C (k)(xiii) Dry Utilities Design Review Board atithor-izing stieh Use). W xiv) Infrastructure. (* xv) Indoor recreation and/or entertainment facilities. (xi-i)xvi Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (*iii)xvii Parks and Open Space. (x4v) xvifi Tramways, gondolas and lifts. s,,vi) xix Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (iii) xx Agricultural Use (as an Interim Use only). (x -,iii) xxi Rodeo and ancillary carnival (as an Interim Use only). (xix) xxfi Recycling Facility (as an Interim Use only). (x*) xxiii Snow storage (as an Interim Use only). (moi) xxiv Mobile Home office/storage Use (as an Interim Use only). (axil) xxv Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales, not to exceed 6010 days in the aggregate in a calendar year (as an Interim Use), provided that such Use exceeding 6010 days in the aggregate in a calendar year shall be a Temporary Use. (Nxi-ii)xxvi (xxi-,,) xxvfi Construction staging (as an Interim Use only). (xxv)xxviii Additional Uses which the Director determines to be similar to uses by right. Heil Comments July 17, 2012 17 Exhibit C (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Single retail businesses occupying more than 65,000 of consolidated Gross Square Footage. (ii) Light Industrial Uses; provided, however, such Use must be developed as part of a Mixed Use Project which includes Commercial Use(s). (iii) Automobile Repair Shops (Minor). (iv) Outdoor entertainment facilities that include the use of amplified music (sttbjeet te review and Yffit4en approval by the Design Review Beafd au4her-izing stieh (v) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic (s*bjeet to reviewand Ewa by the Design Review Beafd atAhefizing stieh Use). vi) Outdoor Storage which is accessory to a retail use. 30 (vii) car wash. (viii) Drive in Uses. (ix) Religious Facility. (x) Convenience Retail (with fuel). (xi) Tattoo parlor, body piercing_ (xii) Restaurants (with drive-through window service). (xiii) Financial Institutions (with drive-through window service). "(xiv) Service Station (for the sale of only electric form of fuel for motorized vehicles). xv Recycling Facilities. fvii}(xvi) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Proiect (as an Interim Use onl I (Vi) xvii 3o Some retail uses may have permanent outdoor display areas which may be deemed appropriate. This reference would allow consideration of such retail formats without the requirement of a formal amendment to the PUD Guide. Heil Comments July 17, 2012 18 Exhibit C (c) EVProhibited Uses: (i) Animal Boarding (outdoor). (ii) Family Child Care Home. (iii) Group Home. (iv) Heavy Industrial Uses. (v) Kennels (outdoor). (vi) Mobile Homes. (vii) Automobile Repair Shops MaLor . (viii) Nude Entertainment Establishments. (ix) Outdoor Storage, except as specifically identified as a Special Review Use in Section E.2(b). (x) Recycling Processing Facility. (A) Service Station, except as specifically identified as a Special Review Use in Section E.2(b). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Southerly and Westerly boundaries of Planning Area A: 20 feet. (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) South of Main Street: 55 feet. (2) North of Main Street:31 a. Hotel Uses (ineluding withetA lifnita4iefi, hotel Uses ,i4io., of., Mixed Use D,-gjeet): 125 feet " Town staff would like to discuss designating a minimum distance from the south side of PA -A for the 80' building height in the event that Main Street is located and constructed along the southern boundary of PA -A. Heil Comments July 17, 2012 19 Exhibit C b:a. All other Uses: feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: None, Not applicable. (e) Residential Density Maximum: Nat appliea 25 residential Dwelling Units per acre maximum. WffL_Parking Requirements: As set forth in the Parking Regulations. (h)JgLSupplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. k0itL_Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 3. Planning Area B - Community Facilities. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.3(b) below or specificallyprohibited in Section E.3(c) below, the following Primary Uses and Accessory Uses: (i) Parks and open space. (Oii Community Facilities and related amenities as may be mutually approved by the Town and the Design Review Board. (ii)iii) Agricultural Use (as an Interim Use only). (iii)iv Infrastructure. (iv)LvLDry Utilities (stib eet to fvview and ..,, by the Design (-3 vi Snow storage (as an Interim Use only). (vi)(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 F below: (i) Outdoor entertainment facilities that include the use of amplified music (sebjeet to review and written approval of sueh Use by the Design Review Boa -r -d). Heil Comments July 17, 2012 20 Exhibit C (c) EVProhibited Uses: (i) Commercial Uses. (ii) Residential Uses. (iii) Industrial Uses. (iv) Mixed Use Projects (except as specifically included as a Use By Right in Section E.3(a) above). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: 25 feet from the adjacent road right-of-way. 20 feet from property line abutting Planning Area A. None from property line abutting Main Street. There shall be no other setback requirements except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: 20% (iv) Minimum Lot Area: None, Nnot applicable. (e) Parking Requirements: As sot fefth in the Parking Regulations-. ons. None, not gpplicable.32 (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 4. Planning Areas C and D - Village Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section EA(b) below or specifically exelti ledpL(Lhibited in Section EA(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Commercial Uses; provided, however, no single retail business shall occupy more than 5,000 of consolidated Gross Square Footage. 32 My recollection in conversations with Harvey was that parking for the park would be provided in a generally dispersed manner in the surrounding development. Although onsite parking may be desirable, at this time it appears Planning Area B could only be accessed from the north side and that the Town cannot determine if the grades and road alignment would allow for reasonable construction of onsite parking. Heil Comments July 17, 2012 21 Exhibit C (iii) Agricultural Use (as an Interim Use only). (iv) Community Facilities. "Lvj_Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. , 1; ing &044i O vii Mixed Use Projects (provided, however, no Uses specifically prohibited in Section EA(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section EA(b) below shall be included except pursuant to the review and approval processes set forth in Section F below). (ix) viii) Commercial Parking, Private Parking and Public Parking, including but not limited to Parking Structures, Bus Stops, Bus Shelters, tramways, gondolas and lifts. {} ix Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). (xi)LxLWireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). (x4) xi Infrastructure. (xi4) xii Dry Utilities stteh Use by the Design Review Beard4. (xi�►L) xiii (x-v)xiv Indoor recreation and/or entertainment facilities. (x -v) xv Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. () xvi Parks and open space. ( ) xvfi Minor Home Occupations. Heil Comments July 17, 2012 22 Exhibit C _ . reeaessee� !�:�szeez��:es�e�:s�!!'frras y i rs i��•� a�•.ara G�:a. r i r�-a. a�a 0 ram.. (x -x) xviii Snow storage (as an Interim Use only). (xxW) xix Construction staging (as an Interim Use only). (Xx-iv�xx Accessory Uses and Structures customarily appurtenant to Uses by Right. Additional Uses which the Director determines to be similar to uses by right. ( i� xxii Planning Area C Only: (2)ULHealth club, athletic club, fitness club, gymnasium and Commercial indoor recreational facilities, including without limitation, such Use comprising a portion of a Mixed -Use Project, provided no such Use shall exceed 40,000 square feet in consolidated Gross Square Footage. (xxN4i)xxiii Planning Area D Only: Use only). (1) Recycling Facility and accessory trash facility (as an Interim (2) North of Main Street only: a. Health club, athletic club, fitness club, gymnasium and Commercial indoor recreational facilities, including without limitation, such Use comprising a portion of a Mixed -Use Project, provided no such Use shall exceed 40,000 of consolidated Gross Square Footage. ( iK) xxiv Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: Heil Comments July 17, 2012 23 Exhibit C (i) Single retail businesses occupying more than 5,000 of consolidated Gross Square Footage. {4)(ii) Hospitals, Long-term Care Facilities and other medical facilities including, but not limited to clinics, independent and assisted living facilities (including cafeteria and food preparation areas), - roup and tongreregate care facilities and nursing homes. (iii) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic. (ii)(iv) Churches, museums, libraries and public buildings (v) Outdoor Storage which is accessory to a retail use. 33 (vi) car wash. (vii) Drive in Uses. (viii) Religious Facility. (ix) Convenience Retail (with fuel). (x) Tattoo parlor, body piercing_ (xi) Restaurants (with drive-through window service). (xii) Financial Institutions (with drive-through window service). a" (iv)(xiii) Within Planning Area C only: (1) Mixed Use Projects (provided, however, no Uses specifically exelti ledpLghibited in Section EA(c) below shall be included in such Mixed Use Project). (2) Hotel, Motel and Lodge. (v)(xiv) Within Planning Areas D only: (1) Areas that have frontage on Main Street only: a. Educational facilities including, but not limited to public and private schools, universities, and colleges. 33 Some retail uses may have permanent outdoor display areas which may be deemed appropriate. This reference would allow consideration of such retail formats without the requirement of a formal amendment to the PUD Guide. Heil Comments July 17, 2012 24 Exhibit C b. Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval by the Design Review Board authorizing such Use). C. Minor Automobile Repair Shops. d. Major Home Occupations. e. South side of Main Street only: Health club, athletic club, fitness club, gymnasium and Commercial indoor recreational facilities, including without limitation, such Use comprising a portion of a Mixed -Use Project, provided no such Use shall exceed 40,000 of consolidated Gross Square Footage. (2) Recycling Facility and accessory trash facility (as an Interim Use only). (e) &Prohibited Uses: (i) Animal Boarding (outdoor). (ii) Fafflily Child Cafe 14offie. (W) Group Home. (iv) ii Heavy Industrial Uses. ( iii Kennels (outdoor). (vi)iv Mobile Homes. (04)LylMajor Automobile Repair Shops. vi Nude Entertainment Establishments. (ix)(vii) Outdoor Storage except Outdoor Storage which is accessory to a retail use and approved as a Special Review Use. (x)(viii) Recycling Processing Center. (moi-) ix Service Stations. (xii)LxILight Industrial Uses. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Front: 25 feet Heil Comments July 17, 2012 25 Exhibit C (2) Side: 20 feet (3) Rear: 20 feet (4) Southerly boundary of Planning Area D: 20 feet (ii) Maximum Building Height: (1) South of Main Street: 48 feet. (2) North of Main Street: a. Hospital Uses: 80 feet. b. All other Uses: 55 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (t)J�L_Residential Density Maximum: 18 residential Dwelling Units per Acre. (g) f Parking Requirements: As set forth in the Parking Regulations. (h)f.gLSupplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (OJtL_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: 34 (i) Educational uses, limited to use as a state licensed educational facility serving grades K-12 (or any portion of such grades). (ii) Agricultural Use (as an Interim Use only). 34 Town staff would like to discuss adding Snow Storage as an Interim Use. Heil Comments July 17, 2012 26 Exhibit C (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: 20 feet (3) Rear: 20 feet (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (d) Parking Requirements: As set forth in the Parking Regulations. (e) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (f) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. Heil Comments July 17, 2012 27 Exhibit C 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Projects.35 (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.6(b) below or specifically ex prohibited in Section E.6(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses. (ii) Residential Uses. (iii) Mixed Use Projects (provided, however, no Uses specifically exeltidedpLghibited in Section E.6(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section E.6(b) below shall be included except pursuant to the review and approval processes set forth in Section F below). (iv) Agricultural Uses (as an Interim Use only). (v) Educational facilities including, but not limited to public and private schools, universities, and colleges. (vi) Community Facilities. (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (ix) Infrastructure. (x) Dry Utilities (subjeet to review and wr-44en approval of sueh sueUse by the Design Review Beard). (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xii) Churches, museums, libraries and public buildings. (xiii) Indoor recreation and/or entertainment facilities that do not include the use of amplified music. 35 Additions to Special Review Use are not proposed for these Planning Areas because we have not heard concerns similar to the potential impact of various uses to adjacent properties as we have heard for Planning Areas A, C and D. Heil Comments July 17, 2012 28 Exhibit C (xiv) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval of such Use by the Design Review Board). (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvi) Parks and open space. (xvii) Child Care Center. (xviii) Animal Boarding (excluding outdoor Animal Boarding), subject to review and written approval by the Design Review Board authorizing such Use (xix) Kennels (excluding outdoor Kennels), subject to review and written approval by the Design Review Board authorizing such Use. 0 W111111111-11 (xxi) Construction staging (as an Interim Use only). (xxii) Planning Areas F and I Only: (1) Agricultural Use (as an Interim Use only). (2) Recycling Facility. (3) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic approval by the Design Review Boafd authefizing such Use). (xxiii) Planning Area H Only: (1) Building and vehicle maintenance facilities and operations (stibjeet to --.-.d- written appfaval by the Design Review Boafd A-uthefizing such ase). (xxiv) Planning Area I Only: (1) Pedestrian and vehicular bridges, bridge abutments and improvements reasonably related thereto. (2) Minor Automobile Repair Shops. (3) Major Automobile Repair Shops eeto Terme old Ppr-oval by the Design Review Board atither-izing sueh Use). Heil Comments July 17, 2012 29 Exhibit C (4) Light Industrial Uses. (xxv) Additional Uses which the Director determines to be similar to uses by right. (xxvi) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Service Station(sW�eet to nevi nd fitter appfoval by (ii) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use onl . (ii)iii Animal Boarding (outdoor), subject to review and written approval by the Design Review Board authorizing such Use (ice) iv Kennels (outdoor), subject to review and written approval by the Design Review Board authorizing such Use. (W)JILPlanning Areas G and H Only: (1) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic (subject to review and written approval by the Design Review Board authorizing such Use). (v)vi Planning Areas F, G and H Only: (1) Animal Boarding (outdoor). (2) Kennels (outdoor). (v-i)(vii) Planning Area I Only: (1) Heavy Industrial Uses(subjeet to review; and wn men (c) E*ehtde&Prohibited Uses: (i) Planning Areas F, G and H: (1) Heavy Industrial Uses. (2) Major Automobile Repair Shops. Heil Comments July 17, 2012 30 Exhibit C (3) Family Child Care Home. (4) Group Home. (5) Mobile Homes. (6) Nude Entertainment Establishments. (7) Recycling Processing Center. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Commercial Uses: a. Front: 25 feet b. Side: None. C. Rear: 20 feet (2) Industrial and Residential Uses: a. Front: 25 feet b. Side: 20 feet. C. Rear: 20 feet (3) Vertically -integrated Mixed Use Projects: a. Front: 25 feet b. Side: None. C. Rear: 20 feet (ii) Maximum Building Height: (1) :3 5 o+ �r Commercial Uses: a. Hotel Uses (ineluding without lifn hotel Uses b a. Hospital: 80 feet. c, b. All other Commercial Uses: 48 feet. Heil Comments July 17, 2012 31 Exhibit C (2) Industrial Uses: 48 feet. (3) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi -family: 48 feet. (4) Vertically -integrated Mixed Use Projects: 48 feet. (iii) Maximum Site Coverage: 80%. (iv) Minimum Lot Area: Not applicable. (#)J�LResidential Density Maximum: `Planning Areas F, G and H: Not appliea (i) 15 residential Dwelling Units per acre maximum. (ii) Planning Areas I: 6 residential Dwelling Units per acre maximum; provided, however, that until such time as a secondary road access to Planning Area I is constructed and open for use, building permits may be issued for no more than 280 Dwelling Units for Planning Area I (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). W __Parking Requirements: As set forth in the Parking Regulations. WjgLSupplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (0Q]J_Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 7. Planning Area J — Regional/Neighborhood Commercial and Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.7(b) below or specifically exelu WpL(Lhibited in Section E.7(c) below, the following Primary Uses and Accessory Uses: Heil Comments July 17, 2012 32 • W.I. - (#)J�LResidential Density Maximum: `Planning Areas F, G and H: Not appliea (i) 15 residential Dwelling Units per acre maximum. (ii) Planning Areas I: 6 residential Dwelling Units per acre maximum; provided, however, that until such time as a secondary road access to Planning Area I is constructed and open for use, building permits may be issued for no more than 280 Dwelling Units for Planning Area I (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). W __Parking Requirements: As set forth in the Parking Regulations. WjgLSupplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (0Q]J_Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 7. Planning Area J — Regional/Neighborhood Commercial and Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.7(b) below or specifically exelu WpL(Lhibited in Section E.7(c) below, the following Primary Uses and Accessory Uses: Heil Comments July 17, 2012 32 Exhibit C (i) Residential Uses. (ii) Commercial Uses. (iii) Mixed Used Projects. (iv) Minor Automobile Repair Shops (stibjeet toand writte.n. approval by the Desigii Review Board at4hefizing stieh Use). (v) Community Facilities. (A) Agricultural Use (as an Interim Use only). (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services to reviewand written appreval of stt .b, Use by the Twig„ Review Board). (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (eaeh of th-e fofegeifig being subjeet to review and writtefl approval of stteh Use by the Desigii Review Board). (ix) Infrastructure. (x) Dry Utilities. (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xii) Recreational facilities. (xiii) Parks and open space. (xv)xiv Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (moi) xv Construction staging (as an Interim Use only). (xv i) xvi Additional uses which the Director determines to be similar to uses by right. (xviiEi) xvii Accessory Uses and Structures customarily appurtenant to uses by right. Heil Comments July 17, 2012 33 ..L LD (xv)xiv Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (moi) xv Construction staging (as an Interim Use only). (xv i) xvi Additional uses which the Director determines to be similar to uses by right. (xviiEi) xvii Accessory Uses and Structures customarily appurtenant to uses by right. Heil Comments July 17, 2012 33 Exhibit C (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Light Industrial Uses (subject to review and written approval by the Design Review Board authorizing such Use). (ii) Churches, museums, libraries and public buildings. (iii) Child Care Center. (c) EVProhibited Uses: (i) Major Automobile Repair Shops. (ii) Nude Entertainment Establishments. (d) Building Envelope Requirements: (i) Building Setback Requirements: (1) Residential and Light Industrial Uses: a. Front: 20 feet (except as provided below). b. Side: 20 feet (except as provided below). C. Rear: 20 feet (except as provided below). (2) Commercial Uses: a. Front: 20 feet (except as provided below). b. Side: None (except as provided below). C. Rear: 20 feet (except as provided below). (3) Notwithstanding the foregoing, the minimum Building Setback within areas abutting the Interstate 70 right-of-way shall be: a. Commercial Uses and Light Industrial Uses: 10 feet. b. Residential Uses: 40 feet. (ii) Maximum Building Height: (1) Commercial and Light Industrial Uses: 48 feet. (2) Residential Uses: Heil Comments July 17, 2012 34 Exhibit C a. Single-family or duplex: 35 feet. b. Multi -family: 48 feet. (3) Vertically -integrated Mixed Use Projects: 48 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum LotArea: Not applicable. (#)J�J_Residential Density Maximum: Not apphea 6 residential Dwelling Units per acre maximum. WLfL Parking Requirements: As set forth in the Parking Regulations. (h)Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. " O" Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 8. Planning Area K - Hillside Residential. (a) Uses by Right: Except as specifically exeitt kedpLohibited in Section E.8(b) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Agricultural Use (as an Interim Use only). (iii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (iv) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (v) Infrastructure. (vi) Dry Utilities by the Design Review Board). (vii) Recreational facilities. (viii) Parks and open space. Heil Comments July 17, 2012 35 Exhibit C (x) Cemetery (subject to review and written approval of such Use by the Design Review Board). (xi) Public Facilities. (xii) Community Facilities. (xiii) Homeowner association facilities including, but not limited to, a caretaker unit (as a Secondary Structure), clubhouse and restaurant, community meeting facilities, recreational facilities, and other similar facilities and amenities. (xiv) appfi@able PO -Awn. _W the (xv) Construction staging (as an Interim Use only). (xvi) Accessory Uses and Structures customarily appurtenant to uses by right. (xvii) Additional uses which the Director determines to be similar to uses by right. (b) Special Review Uses: (xviii)(i) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use onl I (b)) c), & -Prohibited Uses: (i) Commercial Uses (excluding cemetery, wedding facilities and restaurant Uses). (ii) Industrial Uses. (f)L4LBuilding 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 Heil Comments July 17, 2012 36 Exhibit C similar matters, but shall generally comply with the following requirements unless such compliance is determined to be impractical or unreasonable. (i) Minimum Building Setbacks: (1) Front: 25 feet (except as set forth below). (2) Side: 20 feet (except as set forth below). (3) Rear: 20 feet (except as set forth below). (4) For Lot 1: 20 feet from the property line, except as otherwise required to accommodate utilities, drainage, access, fire and building code regulations, and the flood plain of live streams. (ii) Maximum Building Height: (1) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi -family: 48 feet. (2) Homeowner association amenities, Community Facilities and Commercial Uses: 35 feet. (iii) Maximum Site Coverage: 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 subsection. (iv) Minimum Lot Area: 1 acre. (e) Residential Density Maximum: , Building permits may be issued for no more than 280 Dwelling Units in the aggregate for Planning Area K and Planning Area RMF -1 (provided that Primary/Secondary Dwelling Units situated on the same Lot in Planning Area K shall be considered one Dwelling Unit).36 (f) Parking Requirements: As set forth in the Parking Regulations. 36 A secondary road and further increase of residential density for the Hillside area would require a formal PUD amendment under the existing PUD. Staff supports retaining formal PUD amendment review for any proposed secondary access road and residential density increase. Please note that Staff has not yet determined if the potential increased traffic from Primary/Secondary Dwelling Units creates an emergency vehicle access risk. Heil Comments July 17, 2012 37 Exhibit C (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 9. Planning Areas RMF 1 and RMF 2 - Residential Multi -Family. (a) Uses By Right: The following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Community Facilities. (iii) ,me' Par -king (iv) , goodolas a" (v) Agricultural Use (as an Interim Use only). (vi) Child Cafe Conte, food preparation areas). (viii) vi Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. (*ix Infrastructure. (x4)LxJDry Utilities (subjeet to review arid Ewal of stieh Use by the Design Review Board). ("ii) xi Recreational facilities. (xiv) xfi Temporary real estate offices and construction offices. Residential management office. Heil Comments July 17, 2012 38 Exhibit C (2) 'l St -A F -A Rt37 O xiv Planning Area RMF -2 only: (1) Pedestrian bridges. •,, �. • - . . (xx) xvi Construction staging (as an Interim Use only). (xxi)xvfi Accessory Uses and Structures customarily appurtenant to uses by right. O xviii Additional uses which the Director determines to be similar to uses by right. center. (b) Special Review Uses: (i) Preschool, nursery school, in-home child care, and child care (ii) Group Home. (xXiii)(M) Commercial Parking, Private Parking and Public Parking. (}(iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts. O(v) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Boardl. ( i�(vi) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the 37 No commercial uses are allowed on a cul-de-sac per existing PUD Guide. Heil Comments July 17, 2012 39 Exhibit C foregoingject to review and written approval of such Use by the Desisn Review Board . ( i)(vii) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only), (b)LcLx� rohibited Uses: (i) Commercial Uses (except as specifically included in Section 9(a)). (ii) Industrial Uses. (iii) Mobile Homes. (OLdLBuilding Envelope Requirements: (i) Building Setback Requirement: (1) Front: 25 feet. (2) Side: 20 feet. (3) Rear: 20 feet. (ii) Maximum Building Height: (1) Single-family or duplex: 35 feet. (2) Multi -family: 48 feet. (3) Commercial: 48 feet. (iii) Maximum Site Coverage: 80%. (iv) Minimum Landscaped Area: 20%. (v) Minimum Lot Area: Not applicable. () curcrccrcg-ArL'r- 1: Not appheable. (e) Residential Density Maximum: Heil Comments July 17, 2012 40 Exhibit C (i) Planning Area RMF -2: Not apphea 12 residential Dwellin Units per acre maximum. (ii) Planning Area RMF -1: , tifitil stieh time as a seeendat=y fead aeeess to Planning Area K and Planning Afea RMF 1 Dwelling Units in the aggregate for- Planning Area K and Planning Area RA4F 1 eensider-ed efie Dwelling Unit)` 6 residential Dwelling Units per acre maximum. (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 10. Planning Areas P1 -P3: Parkland. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.10(b) below or specifically exeltikeprohibited in Section E.10(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Constructionibuilding material staging area (as an Interim Use only). (iii) Community Facilities (subject to review and written approval of such Uses by the Design Review Board). (iv) Equestrian, pedestrian and bicycle trails. (v) Landscape improvements. (A) Indoor and outdoor, sports, training and recreation facilities (sebjeet to r-eview and wr-itten approval of stieh Uses by the Design Review Board). events. (vii) Lakes, ponds, reservoirs and irrigation ditches. (viii) Parks, picnic facilities and temporary entertainment for special Ox) Open Space (ix)JILInfrastructure. Heil Comments July 17, 2012 41 Exhibit C ( xi Dry Utilities-(subjeet to feview reviewn al of s eh Uses by the Design Review Boafd). (Xi)(Xll) (xii) xifi Construction staging (as an Interim Use only). b Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: INW)(i)Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use on (c) EVProhibited Uses: (i) Residential Uses. (ii) Commercial Uses. (iii) Industrial Uses. (d) Building Envelope Requirements: (i) Building Setback Requirement: No minimum except must be sufficient to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 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 J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 11. Planning Areas OSI — OS7: Natural Open Space. Heil Comments July 17, 2012 42 Exhibit C (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.11(b) below or specifically exprohibited in Section E.11(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Equestrian, pedestrian and bicycle trails. (iii) Landscape improvements. (iv) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (eaeh of the f ogoing being stib eet (v) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (eaeh of the foregoing being subjeet to r-eview and written appr-oval of stieh Use by the D Review Baafd). (vi) Infrastructure. (vii) Dry Utilities by the Design Review Boai-A). (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) OSI — OS4 and OS7: k2)LLLConstruction staging (as an Interim Use only). (xi) OSI — OSS and OS7: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking. (xii) OSS and OS6 (subject to review and written approval of such Uses by the Design Review Board): Heil Comments July 17, 2012 43 Exhibit C (1) Community Facilities. (2) Recreational Uses including public river access. (3) Pedestrian and vehicular access, roads, bridges, bridge abutments and improvements reasonably related thereto. (xiii) OS3: (b) Special Review Uses: 1'J Rock and gravel crushing operations related to rock andrg avel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (i) ii OS6 only: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking (subject to review and written approval of such Uses by the Design Review Board). (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 J below. Heil Comments July 17, 2012 44 Exhibit C (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 12. Planning Areas PF -1 — PF -3: Public Facility_. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E. 12(b) below or specificallyexeitt prohibited in Section E. 12(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Public Facilities. (iii) Landscape improvements. -- ......... = ............ . . . . .. .................. I'll ..... ....................... ■. {szi) iv Infrastructure. (vIi)JDry Utilities (subject to review and written approval of such Use by the Design Review Board). (viii) 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 F 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. Heil Comments July 17, 2012 45 Exhibit C (d) Building Envelope Requirements: (i) Building Setback Requirement: Not applicable. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Landscaped Area: 20%. (v) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. F. SPECIAL REVIEW USE. 1. Special Review Use Permit. (a) A Special Review Use shall require a special review use permit prior to the issuance of a building permit or the commencement of the use identified as a Special Review Use in the Development Standards. (b) A Special Review Use shall not be considered a Use by Right without review and approval, as set forth in Section F.2 below, nor shall a Special Review Use be permitted unless the Design Review Board approves a development plan for the applicable site. (c) The procedural and substantive requirements set forth in this Section F senstitute the sole and exel sive and the specific special review use regulations set forth in $7.24.060 of the Development Code establish the Special Review Use regulations applicable within The Village (at Avon) PUD and expressly supefsede any additional or- ealiffieting of the NRtnieipal Code After the expiration of the term of the Vested Property Rights, the Town may elect, in the Town's sole discretion at any time, whether to continue utilizingtpecial Review Use procedural and substantive requirements set forth in this Section F or set forth in the Development Code or other Town regulation. 2. Application Filing and Processing. (a) An Application with required materials (see Section F.3 below) shall be filed with Community Development. Only complete submittals shall be accepted. (b) Staff shall review the Application in accordance with the criteria established in this section and present the Application at a public hearing before the Planning and Heil Comments July 17, 2012 46 Exhibit C Zoning Commission in accordance with Section 7.16.020(e) of the Development Code, as amended. (c) Developments and uses granted by special review use permit shall be developed or established in accordance with the timeframe provided in the approved special review use permit, or within tw038 years of the date of approval if the timeframe is not established in the approved special review use permit. Subject to extension in accordance with subsection 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 subsection 5(b) below, if an approved Use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. (e) If the conditions of a permit become the responsibility of a person or entity other than the Applicant, Community Development shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the Applicant shall remain responsible. Such notice shall be attached to the permit on file at Community Development. (f) If conditions of approval are not maintained, it shall be considered a violation of the Development Plan and the special review use permit shall be subject to revocation proceedings in accordance with the applicable provisions of the Municipal Code, the Design Review Guidelines and the Design Covenant. 3. Submittal Requirements for Special Review Use. Only complete submittals shall be accepted. No Application shall be deemed complete unless the Applicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular permit being requested: (a) A complete special review use permit Application and required fee; (b) A legal description of the parcel; (c) A site plan showing proposed Uses and structures on the property; (d) Scaled elevations and/or perspective drawings of any proposed structures; (e) A proposed development schedule indicating: (i) Date of the beginning of the Use and/or construction; 38 The change from one year to two years is acceptable to Staff because the change is consistent with the Development Code. Heil Comments July 17, 2012 47 Exhibit C (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. &A. Criteria for Review, Recommendation, and Approval of Special Review Uses. The staff and the planning and zoning commission shall consider the following criteria when evaluating an Application for a special review use permit: 40 (a) Whether the proposed Use otherwise complies with all requirements imposed by the Development Plan; (b) Whether the proposed Use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design, and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety and other similar Development Standards;41 (b)LcLAny significant impacts (including, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the Use will be adequately mitigated to the w*e„* practieab e; and ,42 (e}LdLThe demand, if any, for public services or infrastructure exceeding current capacity i -R -will be adll; atel�mitigated as fvas,,,,, bly pfuctieal. 6-.5. Amendments to Special Review Use Permit. 39 Staff does not support expanding VAA DRB role to approving uses. 40 Staff agrees to the deletion of the existing PUD Guide review criteria stating that the proposed Special Review Use is in conformance with the Design Review Guide. 41 This language tracts existing PUD Guide. 42 The term "adequately" mitigated leaves some flexibility and review discretion. Heil Comments July 17, 2012 48 J� \ . . NN \ :►e...o: �:�uae..O.o O.�n,�e,►:,e J. &A. Criteria for Review, Recommendation, and Approval of Special Review Uses. The staff and the planning and zoning commission shall consider the following criteria when evaluating an Application for a special review use permit: 40 (a) Whether the proposed Use otherwise complies with all requirements imposed by the Development Plan; (b) Whether the proposed Use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design, and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety and other similar Development Standards;41 (b)LcLAny significant impacts (including, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the Use will be adequately mitigated to the w*e„* practieab e; and ,42 (e}LdLThe demand, if any, for public services or infrastructure exceeding current capacity i -R -will be adll; atel�mitigated as fvas,,,,, bly pfuctieal. 6-.5. Amendments to Special Review Use Permit. 39 Staff does not support expanding VAA DRB role to approving uses. 40 Staff agrees to the deletion of the existing PUD Guide review criteria stating that the proposed Special Review Use is in conformance with the Design Review Guide. 41 This language tracts existing PUD Guide. 42 The term "adequately" mitigated leaves some flexibility and review discretion. Heil Comments July 17, 2012 48 Exhibit C (a) No approved Special Review Use may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion (i) -receives the prior approval of the pPlanning and ,Zoning eCommission, which shall be obtained by repetition of the granting procedures provided in this Section F or the Planning and Zoning Commission expressly authorizes modifications, enlargement or expansions of the Special Review Use in the approval.; , 0 and does not r-estilt in more than a ° . 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.43 (b) At least thirty (30) days gprior 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, of -due to failure to develop or establish an approved Special Review Use in accordance with the timeframe established on the permit (or two years from the date of such approval if no timeframe is established on the permit) as provided for in subsection 2 above, 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. and The Director may administratively approve up to a one-year extension of an approved Special Review Use. The PZC may annrove an extension of the Special Review Use for longer than one vear in accordance with the procedures and criteria for review established in this Section F. G. TEMPORARY USES AND STRUCTURES. Temporary Uses and Structures shall be allowed in accordance with the substantive and procedural requirements of the Development Code. (a) Exelept as othefwise provided in this PUD 101 W MI IN .. IN .. .. LIM mm.. 43 This language authorizes PZC to allow administrative expansion of SRUs without a blanket approval for all SRUs. Heil Comments July 17, 2012 49 Exhibit C e���esre�sr�eee!��!*aie�re�:r.��A.—S-111111INUMN MEW!' IMM" 1-H 1. - I . . .........- Ji \ . (a) Aii Applileation with r-equifed matefials shall be filed with Ceffiffittnity Development in aeleer-danee with the Development Code (b) Staff shall r-eview the Applileation in aeleofdanee with the er-itefi established in Seetion 7.24.080 of the Development Gode and administratively Pr-oleess t Commission in aeleefdanee with Seetion 7.24.080 of the Development Gode. v"(a) Notwithstanding any pr-avisioii of the Developmeilit Gade to the , !he Design Review Board shall have sole and le*elttsive atithor-ily regarding review and appr- Design Review Board shall be removed by the Applileant tipon the earlier- of the elessation of th-e H. SUBDIVISION. Subdivision of land and structures shall be regulated by the Development Code with the following xceptions which exceptions expressly supersede the Development Code: 1. Applications to subdivide land or structures for Planning Areas A through F and Planning Area J shall be processed administratively. The Director shall have the discretion to combine the Preliminary Plan and Final Plat review processes when the Director deems appropriate. Notice of a subdivision shall be posted and mailed to property owners in the vicinity in accordance with the Development Code and the Director shall consider all comments which are provided. Public hearings shall not be conducted unless requested by the Applicant. The Director shall render a written decision on each subdivision and shall post a notice of such decision in the same manner as the posting of ordinances. The Applicant may appeal the decision of the Director to the Avon Town Council in accordance with Section 7.16.160 of the Development Code. The Town Council and any other party with standing shall not have the right to appeal the decision of the Director to the Town Council but shall have the right to appeal the decision to the district court or to another state or federal court of competent jurisdiction. 44 The date of posting notice of the Director's decisions shall be the final date for the purpose of any appeal or legal challenge. In all other respects not expressly stated in this Section H or 44 Town staff would like to discuss whether an appeal should go to court or to Town Council. Heil Comments July 17, 2012 50 Exhibit C elsewhere in the Development Plan, the Development Code shall apply to the subdivision of land and structures. ■ IN 11101111M."11 ♦ . ♦ 1. W-11—MIIII■ ■ ��r♦ ra ra ra �♦ Heil Comments July 17, 2012 51 ■ a-- ■ ■ IN 11101111M."11 ♦ . ♦ 1. W-11—MIIII■ ■ ��r♦ ra ra ra �♦ Heil Comments July 17, 2012 51 Exhibit C period of time; (5) Division of 1.,,,d efeatecb-the fefeelesttfe, of pfevision of ifistftfffleflt� below) shall shall leo . (1) be filed ptvd Aim with ipPneation Camffitfflity with Developflient. feciciifed ateiials (see Only eamplete Subseetl•on subfflittals H.2 weer-danee Pr-elifninafy of the Develepffleiit (2) with Seetio Plan Applieation (4) Te"gym--c(~ouneil Code. As 7 1 ti 020(e) shall set fei4h shall of the be given in Seetion fender-the Deyel.,pme t in aeeor-danee j.7 of this final Godo with Seetion PUD deeis.*-.. 7.16.020(d) Guide, vn�s r-e"ested > if any, from the Town Development Stafidar-ds (Seetion 7.28 of the Development Gede, as amended the Development Gode, as amended ffem time to time) shall be eon --f:e---' by +I -- (ii) to Community Development AiqpheatioH a" SHbmioal of! all Penis. of the Only eemplete following materials stibmittals whieh are, shall in the (1) A . plete D,-elifni ,afy Plan Ap..l;e do and , t!ed fee; (2) A legal deseription of the pafeel; (2) Title . ,,,;tm e t• (4) Stir-vey plat; (5) Proposed cccr SFE water all gned to the property, (6) Utility . al and .o-,r ,atio f ,m; and Heil Comments July 17, 2012 52 Exhibit C Heil Comments July 17, 2012 53 .. VIM WIN Heil Comments July 17, 2012 53 Exhibit C Heil Comments July 17, 2012 54 ■-III W1 a■ -IN IN .. W.AWATAZIM IMPA"Mir wwwlwa ISM I forl._ .. ". ■ Heil Comments July 17, 2012 54 Exhibit C Heil Comments July 17, 2012 55 r legal deser-iptio of � el ; (3) Title eammitmeiit; (4) Stir-vey plat; (5) SFE water- alleeation assigned to the > as appheable; (6) Utility appt!wval and o plat; (8) Publie improvements 0 0applieable; (10) (11) Dfainage Street plafl study; aiid profiles. an With r-espeet to any submittal item, if the Applieant disagrees with the deteffflination 0 Town and the Appheant shall jointly appoint a thif:d pa44y having eyipenefiee in en be binding opon the Town (iii) P-itei-ia and the jce,- Applieant. Review and Apppeval. Town Getineil shall eensidef the figilowi the proposed hen subdivision evaluating The elose legal an d and Appheation for- f all the efifir-ety Final Lots of Plat appreval� and other- the area pafeels indiea*d-, within a platting (2) standards of The the State Final -Plat -is eefreet in ; aeea ee with sur-veyiiig fl (3) The Fifial Plat substantially eeffiplies with all geflefally gated as—eontei3platedin Section j.7; r^ aiee has been ganted aeeefdanee with the P the Development Code; or- (d) ethefwtse waived by the Difeetof; (4) The Final Plat does not r-estift in any eanfiguetis land in eommon Plat) of ownefship less than 35 (with the aer-es; owner -ship of the land subjeet to the applieable Fin Heil Comments July 17, 2012 55 Exhibit C ."MIM -1111111111011111 Ing (1) [Town to pFopose mateFial stFeet extension and alignment requirements foF appliennt's review -.4 •„ ff WA rrmwr a--,- ff a-10"11, I i I. DEVELOPMENT PLAN AMENDMENT PROCEDURES. 1. General. (a) Amendments to this PUD Guide and the PUD Master Plan may be processed by the Town either formally or administratively, with the determination of the applicable procedure to be made in strict compliance with the terms and conditions of this Section I and based on the intent of the Town and Master Developer that preference be given for application of the .,a, inistr-ativt applicable amendment p onsprocedure. Heil Comments July 17, 2012 56 ..0. MM ra"1111 (1) [Town to pFopose mateFial stFeet extension and alignment requirements foF appliennt's review -.4 •„ ff WA rrmwr a--,- ff a-10"11, I i I. DEVELOPMENT PLAN AMENDMENT PROCEDURES. 1. General. (a) Amendments to this PUD Guide and the PUD Master Plan may be processed by the Town either formally or administratively, with the determination of the applicable procedure to be made in strict compliance with the terms and conditions of this Section I and based on the intent of the Town and Master Developer that preference be given for application of the .,a, inistr-ativt applicable amendment p onsprocedure. Heil Comments July 17, 2012 56 Exhibit C (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 or the PUD Master Plan which do not qualify for the administrative amendment process described in Section I.3 below shall follow the formal amendment process set forth in Section 7.16.060 of the Development Code, as amended, except that the provisions of Section I.1 above shall apply to all formal amendments of this PUD Guide and the PUD Master Plan. Nothing herein shall be deemed to prevent an Applicant from voluntarily choosing to apply for a formal amendment, or from appealing to Council or the courts the Director's determination of eligibility for administrative amendment and/or denial of a request for an administrative amendment. 3. Administrative Amendments. (a) Intent; Determination of Applicable Amendment Procedure. The intent of this Section I.3 is to provide a simplified amendment procedure for minor modifications to this PUD Guide and the PUD Master Plan. As used herein, the term "minor modifications" means an Application meeting the criteria stated subsection (b)(i) through (iv) below, which shall be processed as an administrative amendment application or an Application meeting the criteria stated in subsection (b)(v) below which may be processed as an administrative amendment aDDlication in the discretion of the Director.45 (b) Qualifying Administrative Amendments. An Application for administrative amendment that complies with (I) the specific criteria for approval set forth in subsections (i) through (i-)Lv,) below, as applicable, shall be processed and approved administratively, and shall be entitled to a presumption of compliance with the general criteria as The proposed revision allows the Director discretion but does not mandate administrative amendment process for any conceivable amendment where the Applicant asserts all impacts are mitigated. Heil Comments July 17, 2012 57 Exhibit C for approval set forth in subsection M vi below; or (II) the general criteria for approval set forth in subsection M(vij below slalmay 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. 46 {t} fi Road Alignments. Changes to public or private street locations, internal circulation design/pattern and/or traffic capacity of the overall road network within the Property that may require a confirming amendment to this PUD Guide and/or the PUD Master Plan which do not change general circulation patterns and traffic connectively to adjacent property outside the Property as stated in Section A.4.( (i) above shall be processed and approved administratively.41 {R} iii Public Improvements. Amendments to the Development Agreement, if any, that affect the scope of pPublic ilmprovements may require a conforming administrative amendment to this PUD Guide and/or PUD Master Plan, if the revision affects Development Standards for a particular Site or Planning Area. (M)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 or the PUD Master Plan, including without limitation, any modifications to street extension(s) and/or street alignment(s) as described in Section A.l(a) of this PUD Guide, any conforming amendment to this PUD Guide or PUD Master Plan, as applicable, that may be required shall be processed and approved administratively. Examples of subdivision related elements that may require a conforming amendment to this PUD Guide or PUD Master Plan include, without limitation, lot line locations, right-of-way locations, internal public or private roadway locations, emergency access locations, utility locations, vacations, Planning Area boundaries, Building Envelope locations and/or areas, and other similar elements. Such conforming amendments shall apply only to the specific Lot(s) or Planning Area(s) affected by the Preliminary Plan or Final Plat the approval of which necessitated the conforming amendment. (i-v)Lvj_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 therefore that is being processed concurrently with such PUD Master Plan amendment. In addition, with the consent of the Master Developer and wr*ten approval of the Design. Review ,, Be ,, a, an Applicant may amend the PUD Master Plan to relocate or otherwise modify , _48Lot lines and Planning Area boundaries and locations due to 46 This language was reinserted and clarified to not include PA -I. 47 This language clarifies consistency with the contemplated review process for changes to road alignments. 48 Modification of road alignments is addressed in sub -section (i) above. Heil Comments July 17, 2012 58 Exhibit C site planning or engineering considerations that are not directly associated with an approved or in -process Final Plat or other Application. _The foregoing PUD Master Plan amendments and any conforming amendments to this PUD Guide (to the extent that such modifications are necessary or desirable in connection with such PUD Master Plan amendments) shall be processed and approved administratively so long as the size of largest affected Planning Area is not increased or decreased by more than 10 percent. [In ex-a�eg., if Planning Area X is 30 acres and Planning Area Y is 10 acres and abuts Planning Area X, Planning Area X (being the larger of the two planning areas) may be increased by three acres (30 acres X 10% = 3 acres) and Planning Area Y may be decreased by the corresponding three acres, and such amendment to the PUD Master Plan shall be administratively approved.] For- the avoidance of a, ubt, The relocation or- ethe ^aifieat o of an entire Planning Area leen ens as oa in this subseetion shall not be to another location within The Village (at Avon) PUD, ...hie ,-elo a4io,, shall follow the formal amendment process.49 ( vi Compatible and Adequately Mitigated Modifications. In addition to the specific criteria for approval set forth in subsections (i) through (i-v)Cv) above, the Director shaRmay approve Applications that request modifications to Development Standards which comply with the following general criteria for approval: (1) are not materially incompatible with immediately adjacent Uses; and (2) are not fundamentally inconsistent with the Development Standards set forth in this PUD Guide other than the specific Development Standard addressed by the requested amendment; and (3) incorporate measures which adequately address significant impacts, if any, to immediately adjacent Uses. (c) Procedure. (i) Applicants must meet with the Director or his or her designated representative prior to submittal of an administrative amendment request (unless waived by the Director) in order to obtain input into the appropriateness of the request and the materials required to be submitted with the request. (ii) Upon a complete submittal of the required materials, the Director shall determine, within fifteen (15) days after submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. (iii) If the administrative amendment request complies with subsections (b)(i) through (b)(vi) above, as applicable, it shall be processed and approved administratively and the Director is authorized to approve the request. If the request does 49 Staff agrees with this change. The revised language sufficiently avoids doubt. Heil Comments July 17, 2012 59 Exhibit C not comply with subsections (b)(i) through (b)(vi), as applicable, Section I.2 above shall apply to the request. 50 (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 mor approve with conditions elan administrative amendment r-eque tApplication. (v) Upon approval of an administrative amendment, the Applicant shall submit to Community Development a revised PUD Guide and/or a revised PUD Master Plan, as appropriate. Such revised documentation shall be signed by the Master Developers—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 Development Standards. (ii) Planning Area K Building Envelopes. No PUD Master Plan amendment or PUD Guide amendment shall be required with respect to the establishment of the final Building Envelope of a Lot or Site within Planning Area K, it being the intent of this PUD Guide that Building Envelopes within Planning Area K shall be established only pursuant to a Final Plat as otherwise set forth in this PUD Guide. (b) If a modification to this PUD Guide or the PUD Master Plan does not require an amendment pursuant to this Section I.4, the Applicant shall submit to Community Development a revised PUD Guide and/or a revised PUD Master Plan, as applicable, setting forth such modification. Such revised documentation shall be signed by the Master Developer and the owner(s) of record, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. J. SUPPLEMENTAL REGULATIONS. 1. Interim Uses. Interim Uses shall be permitted within The Village (at Avon) PUD as follows: so The reference to (b)(i) through (b)(v) works with the added provision and the language changes which state that (b)(vi) is discretionary. Heil Comments July 17, 2012 60 Exhibit C (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 therefore 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 Rrodeo 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 6010 days in the aggregate in a calendar year, provided that such Use exceeding 6010 days in the aggregate in a calendar year shall be-a-reduire a Temporary Use permit.-. (i-:) Tempofafy feal estate -sales -o€f e ' ann; Areas A, C, D T: !ry TJ T T D A F 1 D T 4F 7 P! P3, ifielu eOS I OS4, i,,eruSiN,e' andOS7.51 (v -) iv Recycling Facility and trash drop-off within Planning Areas A and D existin on 10, 2012;_ (v4)LvLSnow storage within undeveloped portions of The Village (at Avon) PUD generally;_ (vii)LA) The Mobile Home office/storage Use existing as of the Effective Date and community garden within Planning Area A;. (Viii) Con ),miag within Planning Areas A, C, D, E, F, G, 14, -1, T' RN4F 1, RN4FF q, P! P3, ificltisi e, an A (lQ1OS4,-ineittsiye and OS -7,52 (n:) Roek and gel efushing e emtions related tot!oek and gravel matefials exeavated within the Village (at Avon) PUD in eenneetion with an site development and eenstfuetion of the applieable poftion of the Prejeet (as an interim 1 only) within Planning Areas A, G, D, E, F, G, > > iffeltisive, OS! Odell„ye and OST 53 51 Temporary real estate offices are addressed in 7.24.080 Temporary Uses and Structures of the Development Code. 52 Construction related activities are addressed in 7.24.080 Temporary Uses and Structures of the Development Code. 53 Staff supports treating rock and gravel crushing as a Special Review Use. Heil Comments July 17, 2012 61 Exhibit C (b) Agricultural and snow storage Uses (unless specifically designated as an Exelude Prohibited Use within the applicable Planning Area) shall be permitted on undeveloped land within all Planning Areas until such time as an Applicant submits an application to the Design Review Board in connection with the initial building permit Application to the Town for construction of a Building. Upon the—To.,,,, any plieation for- tfuetion of Bttilding within the applieable Planning Area, the Design .:V,ieA_;;' Boar -d --inate, modify Area for- agr-iettltur-al or- snow storage pufposes, as applieable, in aeeor-danee with the Design Review Guideiiiies. No Town r-eview of intefiffi Uses shall be r-eEIttir-ed. (C) _ within The Vil-W-11P �Qt:_ R -44 -all @Omply with Ghapwr- 16.224, Solid Fu@j Buming PON -i -o -m-, Of th@ Muni@ipal 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. 54 23. Signs. Signs shall be permitted in all Planning Areas within The Village (at Avon) PUD provided they are in conformance with Design Review Guidelines, the terms and requirements of which comprise the sole and exclusive sign regulations within the Village (at Avon) PUD and expressly supersede any sign regulations set forth in the Municipal Code. All signage and streetscape improvements, including any future modifications to built signage and streetscape improvements, located within public rights-of-way within The Village (at Avon) shall be in conformance with the Manual of Uniform Traffic Control Devices for Streets and Highways. Except as otherwise provided in this Section J.2, the Design Review Board is the sole and exclusive authority for approval of signs within The Village (at Avon) PUD. The Town has approval authority with respect to confirming that signs and landscaping approved by the Design Review Board in the public rights-of-way within The Village (at Avon) PUD relating to safety and traffic control comply with the Manual of Uniform Traffic Control Devices for Streets and Highways. Off site mentimentation for- The Village (at Aven) developed within P! i _ Areas A, G, j, OS3 and Tr-aet B, Filial Plat Village (at Avon) Filing 2 (a pet4ion of -Planaing Ar- PA4F 2), shall eemply with the Design Review Guidelines, and confofmanee with sueh eomplianee shall be eoafifmed by the Design Review Beafd and the Dir- issuanee e any building petrnit for- such montanentation. 34. 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, ineludifig . Notwithstanding the foregoing, the Parking Regulations shall comply with the requirements of the American with Disabilities Act and any other applicable federal regulation as may be amended and as may be applicable in accordance with the provisions of such federal regulations. 45. Surface Parking Landscaping Requirements. A 10' wide perimeter landscape buffer shall be installed and maintained for all outdoor surface parking lots within The Village 54 Solid Fuel Burning Devices is moved to its own sub -section separate from Interim Uses for clarity. Heil Comments July 17, 2012 62 Exhibit C (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. (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; provided, however, if the Town amends its drainage master plan, which amendment results in less restrictive or less burdensome provisions than set forth in the Johnson Study, such less restrictive or less burdensome provisions in the Town's drainage master plan shall apply to the Property. 6-.7. Sidewalk and Trail Standards. The minimum sidewalk and trail width standards shall be as follows: (a) Sidewalk: Except as set forth in Exhibit F, 4' minimum width for local streets and 6' minimum width for collector and arterial streets. (b) Multi -use trails: 8' minimum width. -7-.8. Alternative Equivalent Compliance and Variances. Deviations from strict application of any applicable provision of Sections 7.28 (development standards) and 7.32 (engineering improvement standards) of the Development Code shall be considered by the Town on a case by case basis in accordance with (a) Section 7.16.120 (alternative equivalent compliance) of the Development Code; or (b) Section 7.16.110 (variances) of the Development Code. Notwithstanding any provision of Section 7.16.120 of the Development Code to the contrary, the alternative equivalent compliance procedure shall be available for any provision of Section 7.28 and 7.32 of the Development Code. Heil Comments July 17, 2012 63 Exhibit C &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, and eenf '-'' anc-ecompliance with such supplemental design and improvement standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses: (a) Excepting the rear building elevation, building elevations not readily visible from a public right-of-way and building elevations predominantly comprised of glass, a minimum of 20% of the vertical surfaces of the exterior building elevation shall be comprised of stone, concrete or masonry units (brick or split face block); (b) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding and plastic or vinyl siding i-sare not permitted; (c) Pitch roofs are teshall be 4 -unglazed concrete tiles, slate, copper, zinc or standing seem rusty metal (CorTen or equivalent); (d) Flat roofs shall have concrete pavers or natural colored stone as ballastss provided that grass roofs and solar and thermal collectors are permitted; (e) All mechanical 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, and all vent terminations shall be consistent with adjacent materials; (f) All window frames shall be metal clad or alloy extrusions; (g) All window glazing shall be clear or tinted to blend with the environment. 9:10. 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. W.11. Design Review Guidelines. (a) The Master Developer previously has prepared, and the Design Review Board previously has adopted, a Design Review Guidelines which the Design Review Board utilities and shall utilize for review of all development proposals within The Village (at Avon). For portions of the Property south of Interstate 70 and all portions of the Property north of Interstate 70 other than Planning Area RMF -1 and Planning Area K, the Design Guidelines shall contain, at a minimum, the provisions set forth in Exhibit E to this PUD Guide. ss If this is architectural jargon, it is too obscure. "Ballast" keeps a ship upright. I suspect this reference is to the roof eve and supports the concept that flat roof buildings should have a strong roof eve in thickness and projection which is proportion to the structure (i.e. so the roof doesn't look like plastic lid on a box -o -crap). Heil Comments July 17, 2012 64 Exhibit C (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, sh" ay be processed formally or administratively pr-eeessed and deeided upon by the Dir-eetef. pursuant to Section I of this PUD Guide. 56 (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 (201 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. Enforcement may include, but is not limited to, withholding the issuance of a building permit for the improvement which is the subject of the design review. (d) Nothing in this Section 4-011 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. 44-.12. Natural Resource Protection. Development within The Village (at Avon) PUD shall comply with Section 7.28. 100 of the Development Code, except as set forth in this section or expressly exempted in Exhibit G to this PUD Guide. Notwithstanding any contrary provision of the Municipal Code, as in effect from time to time, development within The Village (at Avon) PUD may occur on slopes of 30--th�percent 30% or greater for public improvements, other infrastructure improvements, streets, drive lanes, driveways, utilities and similar improvements. 4-2-.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 appropriate fire suppression systems pursuant to applicable Eagle River Fire Protection District regulations in effeetas may be amended from time to time and applied on a uniform and nondiscriminatory basis within the Town, and as approved by the Design Review Bear- The Village (at Avon) PUD and e*pr-essly supefsedes any fesidefftial fife s .. a-gulations set forth i the Munieipal Cede.The Town may enforce the applicable Eagle River Fire Protection District regulations but may not adopt or apply any residential fire suppression system 56 The revisions reflect the language in the existing PUD Guide. Heil Comments July 17, 2012 65 Exhibit C 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.57 4-3-.14. Park, Recreation and Trail Access. All parks, recreation and trails facilities the construction, maintenance and operation of which the "Districts" (as described in Section of the Development Agreement) finance shall be open, on a uniform and nondiscriminatory basis, to all residents of the Town at such times and subject to such rules and regulations as the Districts shall prescribe. Additionally, the Master Developer shall facilitate, but shall have no obligation to construct or install, non -motorized access through the Property to off-site trail systems as follows, which obligations shall constitute the sole and exclusive 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 OSI, and Master Developer's obligations with respect to public trail connectivity between Planning Area RMF -2 and Planning Area OSI have thereby been fully satisfied as of the Effective Date; and (b) Master Developer shall facilitate, but shall not have the obligation to construct, a trail, sidewalk and/or road to be oriented on a generally east -west axis, and which shall cross the Property solely through Planning Areas I, J, P4, RMF -2 and the most southerly quarter section of Planning Area K. Master Developer shall determine in its sole discretion the location within the Property of such trail, sidewalk and/or road. 4-4.15. 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 J.15.; whie The obligations set forth in this section 115 shall constitute the sole and exclusive affordable housing requirements for The Village (at Avon) PUD to the extent of the maximum commercial square footage and maximum residential density stated in section B. and expressly The Town may apply affordable housing, or similar regulations, for any future amendment to the PUD which increases the maximum commercial square footage or maximum residential density.: (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]. (b) Priority in the sale and rental of the units will first go to people employed in the Property, second to people employed in the Town outside of the Property, and third to people employed in Eagle County outside of the Town; provided, however, that within Planning 57 The revised language tracks the intent of the existing PUD Guide while updating the language to defer to the regulatory authority of the Eagle River Fire Protection District. Heil Comments July 17, 2012 66 Exhibit C 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.58 (c) For -sale units will be targeted to households earning 80% - 120% of the Eagle County Median Family Income (the "ECMFI") as determined by the Department of Housing and Urban Development guidelines or by the Town in the event such guidelines cease to be maintained by the Department of Housing and Urban Development. Not more than fifty percent (50%) of such units may be targeted for sale to households earning 120% of the ECMFI .51 (d) For -sale units shall be deed restricted to require the following: (i) The sale of units shall be restricted to "Qualified Buyers," defined as follows: (1) An owner who occupies the unit as his or her primary place of residence; (2) An owner who is a full time employee working at least thirty hours per week in the Town or Eagle County, or a retired person who has been a full time employee in the Town or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in the Town or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them; (3) An owner whose household income does not exceed 120 percent of the ECMFI; and (4) An owner whose total current family net assets are not in excess of $225,000.00 ($337,500.00 for a retired person) or whose total current family net assets have not been in excess of $225,000 ($337,500 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index (the "CPP'). For purposes of this subparagraph (4), the CPI shall mean Series ID: CUUSA433SAO (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. 58 Staff notes that the proposed change now places potential renters employed in Town on equal priority with potential renters employed in the Property. 59 This formula reference may not be clear — is it targeting more, less or exactly households earning 120% of the ECMFI? Heil Comments July 17, 2012 67 Exhibit C (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)60 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 percent1( 0%) of the original purchase price of the unit every ten LLQLyears. No restrictions on capital improvements shall be placed on rental units. (A) 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. Upon expiration of the Development ALYreement. the Municipal Code provisions concerning real estate transfer tax shall apply. 4-5-.16. Provision of Certain Amenities. (a) Community Park (Planning Area P3). (i) Construction of the initial fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 601St Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (b) Pocket Parks (Planning Areas PI 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. 60 This is a clarification. Heil Comments July 17, 2012 68 Exhibit C (ii) The Master Developer and/or Developer Affiliates shall dedicate to the Town a pocket park generally comprising Planning Area P 1 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 P 1 shall be the sole responsibility of the Town. (c) Additional Parkland Dedication (Planning Areas K, J and I). The Master Developer and/or Developer Affiliates shall dedicate certain additional parkland to the Town within Planning Areas K, J and I as and when set forth in Section of the Development Agreement. Unless waived by the Director, such parkland shall comply with the following minimum requirements: (i) Minimum one quarter (1/4) acre in size; (ii) Centrally located within, adjacent or to neighborhoods served; (iii) Sited to provide for public surveillance from adjacent or nearby streets; (iv) Accessible from the surrounding neighborhoods by sidewalks and/or trails; and (v) Unless dedicated for linear park purposes (i.e., multi -use trails, bikepaths, etc.), at least 509% e f the dedicated parkland shall be well -drained, level and suitable for playing fields and recreational facilities.61 (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 61 The amount of parkland to be dedicated is below the Town's park land dedication formula, assuming all remaining dedicated parkland is usable AND assuming that P-3 ever becomes a public park. Heil Comments July 17, 2012 69 Exhibit C boundaries of Planning Area B shall be modified pursuant to the administrative platting procedures set forth in Section H of this PUD Guide, subject to the following quahAea+ieftsconditions: (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.. -i (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 -.Land., (4) Such modifications may be accomplished as part of an Final Plat that establishes Lots; or Blocks-of--S-u � with respect to the adjacent or abutting Planning Area(s), in the discretion of the Applicant. Heil Comments July 17, 2012 70 Exhibit C EXHIBIT A Legal Description Lots 2, 3 and 4, and Tracts B and E, Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 795007; Lots 1, 5 and 6, and Tracts A, C, D, F and G, Amended Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 898173; Lots 1 through 5, inclusive, and Tracts A through H, inclusive, Final Plat, The Village (at Avon) Filing 2, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 796831; Tracts A, D, E, G and H, Final Plat, The Village (at Avon) Filing 3, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776; and Tracts B and F, Amended Final Plat, The Village (at Avon) Filing 3, A Reconfiguration of Tracts B and F, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 200712166. TOGETHER WITH THE FOLLOWING PARCEL (OS5): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-way line, described as follows: Beginning at the N 1/4 corner of said Section 17; thence S89023'36"E 526.76 feet, along the northerly line of said NE 1/4 of Section 17, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said northerly line of Section 17, the following two courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80°36'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to the right, having a radius of 2486.03 feet, a central angle of 06°04'58", and a chord which bears S83038'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00020'55"W 78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (OS6): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: Heil Comments July 17, 2012 A-1 Exhibit C Beginning at the Northeast corner of said Section 17; thence S01041'49"E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, S01041'49"E 73.07 feet, to the centerline of said Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89024'49"W 1037.9 feet; (2) N86°07'49"W 472.00 feet; (3) N89°29'49"W 538.00 feet; (4) S82°33'11 "W 595.15 feet, to the westerly line of said NE 1/4; thence N00°20'55"W 49.18 feet, along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad, said southerly right-of-way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06011'51 ", and a chord which bears N83142'23"E 279.58 feet; (2) N80036'27"E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12024'07", and a chord which bears N86°48'31 "E 685.10 feet; (4) S86059'25"E 1216.38 feet; (5) 112.54 feet along the arc of a curve to the right, having a radius of 2549.33 feet, a central angle of 02031'46". and a chord which bears S85043'31 "E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (EAST PARCEL): Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 8; thence the following four courses along the northerly line of said Section 8: (1) N88140'41"E 1379.49 feet, to the W 1/16 corner of said Section 8 and Section 5 of said Township and Range; (2) N88140'41 "E 1379.49 feet, to the 1/4 corner of said Sections 8 and 5; (3) N88042'58"E 1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4) N88042'58"E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83129'30"E 1386.63 feet, to the W 1/16 corner of said Sections 9 and 4; (2) N83129'30"E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83124'12"E 1386.30 feet, to the E 1/16 corner of said Sections 9 and 4; (4) N83124'12"E 1386.30 feet, to the corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the following two courses along the northerly line of said Section 10: (1) N86039'24"E 1381.29 feet, to the W 1/16 corner of said Sections 10 and 3; (2) N86039'24"E 1299.94 feet; thence, departing said northerly line, S01034'07"W 2699.66 feet, to the east -west centerline of said Section 10; thence, along said east -west centerline, S86032'23"W 1304.06 feet, to the W 1/16 corner of said Section 10; thence S01032'50"W 1349.33 feet, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, to the SW 1/16 corner of said Section 10; thence S86032'47"W 1384.91 feet, along the southerly line of said NW 1/4 SW 1/4, to the S 1/16 corner of said Sections 10 and 9; thence S77010'15"W 1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said Section 9, to the SE 1/16 corner of said Section 9; thence S01033'02"W 1475.32 feet, along the easterly line of the SW 1/4 SE 1/4 of said Section 9, to the E 1/16 corner of said Section 9 and Section 16 of said Township and Range; thence S72020'31 "W 1450.43 feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4 corner of said Sections 9 and 16; thence N01034'18"E 1601.52 feet, to the CS 1/16 corner of said Section 9; thence S86°07'30"W 1378.19 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, to the SW 1/16 corner of said Section 9; thence S01033'13"W 1506.37 feet, along the easterly line of the SW 1/4 SW 1/4 of Heil Comments July 17, 2012 A-2 Exhibit C said Section 9, to the W 1/16 corner of said Sections 9 and 16; thence N89055'04"W 1371.96 feet, along the southerly line of said SW 1/4 SW 1/4 to the section corner of said Sections 8, 9, 16, and 17 of said Township and Range; thence N01 °32'00"E 3.82 feet, along the westerly line of Section 9, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks; thence the following two courses along said northerly right-of-way line: (1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02°15'34", and a chord which bears N85051'36"W 104.47 feet; (2) N86°59'25"W 1213.28 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51'07"E 1337.77 feet, along said westerly line, to the SE 1/16 corner of said Section 8; thence N89054'54"W 1333.58 feet, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the CS 1/16 corner of said Section 8; thence N89058'35"W 1366.46 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to the SW 1/16 corner of said Section 8; thence S00001'37"E 919.47 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 8, to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following ten courses along said northerly right-of-way line: (1) N65030'20"W 249.79 feet; (2) N78047'50"W 317.2 feet; (3) N83108'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 feet, a central angle of 30015'52", and a chord which bears N54057'56"W 763.3 feet; (5) N34037'50"W 331.1 feet; (6) N34044'20"W 368.5 feet; (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet, a central angle of 25027'04", and a chord which bears N51029'50"W 798.3 feet; (8) N68024'50"W 399.7 feet; (9) N49°47'20"W 213.6 feet; (10) N70°20'50"W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the following two courses along said northerly line: (1) N89050'40"E 1194.46 feet, to the CE 1/16 corner of said Section 7; (2) N89050'40"E 1378.25 feet, to the 1/4 corner of said Sections 7 and 8; thence the following two courses along the westerly line of said Section 8: (1) N00010'53"W 1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00010'53"W 1369.10 feet, to the point of beginning. EXCLUDING from above The Village (at Avon) Filing 3 according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776. Said East Parcel containing 1366.95 acres, more or less, with The Village (at Avon) Filing 3 area subtracted. All of the above-described Property containing 1,780 acres, more or less. Heil Comments July 17, 2012 A-3 Exhibit C EXHIBIT B PUD Master Plan [to be inserted] Heil Comments July 17, 2012 B-1 EXHIBIT C The Village (at Avon) Parking Regulations A. Relationship to Municipal Code and Development Code. Parking within The Village (at Avon) PUD shall be in conformance with these Off Street Parking Regulations, 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 or the Development Code, including without limitation, any additional or conflicting such provisions, and no such provisions of the Municipal Code or Development Code apply to The Village (at Avon) PUD even if not otherwise addressed in these Off Street Parking Regulations or any other pall of The Village (at Avon) PUD. B. Parking Table- All required parking shall be provided in accordance with the parking requirements as set forth in the parking table oras otherwise allowed by these regurlations. TYPE OF LAND USE 1. Residential Land Use Per dwelling Unit: Single-family or duplex MIND UM REQUIREMENTS 2 spaces 1 unit 3 spaces 1 unit for units over 2,500 sq. ft. not including garage Multifamily building and townhouses studio 1 space One bedroom 1-1/2 spaces All others 2 spaces Per accommodation unlit including lock -offs: One Bedroom Over one bedroom Guest parking spaces: Murltifarnily and townhouses 3 - - 5 units 5 - - 10 runts 11 - - 15 units 16 - - 20 units 21 - - 25 units Heil Comments July 17, 2012 C-1 1 space 1 space plus %Z space for each additional bedroom in excess of one 2 spaces 3 spaces 4 spaces 5 spaces 6 spaces Exhibit C Tei -PE OF LAND USE MINLr1UM REM_-IRFNIENTS over 25 units 7 spaces phis 1 space for each 5 units in excess of 25 tip to a ni:axinitun of 10 additional spaces Timesharing imus . Commercial Land Use Shopping and convenience good's retail 1 space per 600 square feet but slat less than 1 space per tutu unless reduced as pant of a i ixed-use project reduction 4! 1001 sq, it, of Gross Square Footage Personal services & repairs est. 3 i 1000 sq. ft. of Gross Square Business & professional services Footage Office buildings & banks (except drive-in bars Drive -iii banks 3 r 1000 sq. ft. of Gross Square Footage plus 5 storage spaces outside teller ivindow or drop station Restaiwants - Food consumed within 1 !60 sq. ft. of seating area structure only. outside patio with a bar or restaurant do not require any parking Restaurants - Carry out only Restaurants with drive -tip window Senlice stations Conmercial recreation facilities, bowlina eller, Tennis courts Handball & racquetball courts Heil Comments July 17, 2012 C-2 10 1400 sq. ft. of Gross Square Footage 1 164 sq. ft. of seating area plus st€ara2e for 7 car drive -up -window 2 1 11004 sq. ft. of Gross Square Footage 4 alley plus 1 enlpluyee 4 t+ url phtG 1 employee couil plus 1 eiinployee Exhibit C TYPE OF LAND USE S"villinling fools Skatina rinks 3, Industrial Land Use,. Manufuttuing plants. warehousing Wholesaling establishments, Freight ticnluinals 4. EdLIC',ItIonal Land Uses Nursery schools & day caire Elementary & junior high schools Senior We"ll schools Trade schools MRITMILTIA REQUIREMENTS 20/ 1000 sq. ft. of water surface area 10/1 DOC sq. ft. of Dross Square Footage 1 1800 sq. ft, if Gross Square Footage " 1000 sq. ft, of Gross Square Footage I `Cmployee I employee plus I/ each 6 st-tidents based on design Capacity I each 2 students 5. Medical Land Uses Doctor's offices, includulcy 4-�Ptoinetrist. 5 1000 sq. ft. of Gyoss Square MI niedia. dental. chiropractor. chiropodist Footage and all others Hospitals 6. Office Bu11din2s Anditoritil'as. theaters.. stadiUms and arenas Musewns and libraries Public utilities companies Heil Comments July 17, 2012 C-3 I bed 1 4 seats 4 1 1000 sq. ft. of Gross Square Footaae 3 1000 sq. ft. of C-noss Square Footage Exhibit C Exhibit C TYPE OF LAND USE MINIMUM RE IREMENTS 7. Other Land Uses Churches 1 ! each 3 seats provided in inaiu Seating area Chubs and lodges q ' 1000 sq. ft. of Gross Square Footage Other uses As determined by the Director C. Parking Facilities Generally. The park -Mi g requirements set forth in these Off Street Parking Regulations may be satisfied by the provision of off street surface par Uc ig lots and nor Parking Smicture(s). Such surface parking lots and Park -Ing Sttnictuues Innay be situated oil the same or different Site as the Use(s) to be served by such parkiung facilities so long as the parking facilities satisfy the requirements of these tiff Street Parking Regulations. includuig t,-itliouut limitation. the required number of parking spaces for the Use(s) to be served thereby. Surface parking lots incl Parkiutg Structures. whether sitwited on the sainne or different Site as the Uses(s) to be smed by much parking facilities. may be owned by a different Owner than the Chr°hers, leasehold interest holders. licensees. or permitees, as applicable. of the Site or applicable portion thereof that contains the Use(s) served by such parking facility. Notwithstanding the foregoing, the requirements of Section D,3 below shall apply if (i) the parking, facility- is siniated on a different Site as the Use(s) to be served by such facility. (ii) the parking facility is Private Parking: and (iii) the Owner of the Site upon which the Private Parking is situated is differenit than an. ( vner. or leasehold interest oxL%mer. as applicable. of the Site for the Use served by such Private Parking. The provisions of Section D below with respect to reduction in parkiig requirements for Mixed -Use Projects or shared parkitg facilities shall apply to parking facilities situated on the sanne or different Site as the Uses) to be smell by such parking facilities. NN'here an Applicant within The Village (at Arron) has constructed.. or proposes to construct. shared off street parking facilities (including without limitation. Parking Structure(s)), all or a part of the parking, spaces required for any Use within the applicable development project may be provided Within .uch facilities. D. reduction in Parking Requirements for Rimed -Use Projects or Shared Facilities. 1. Shared Parking: Projects and Milnilnitunl Ntuuber of Parkiing Spaces. Ctuntilative parking requirements for mixed-use occupancies or shared facilities may be reduced where it can be detennirned that the peak requirements of the several occupancies occur at different times (either daily or seasonally). (a) The mitinitutt munber of parking spaces for a shared use project shall be deternuned by utilizing the procedures of the Urban Land Institute Shared Parking Manual. The sturdy shall be reviewed by the approval of the Director. The actual number of parking spaces required shall be based on local dnnand rates. if available. except that default rates front the ULl manual may be used where it is impractical to determine '•local' dernmid rates. .For example. a Heil Comments July 17, 2012 C-4 Exhibit C proposed land use That is not found locally or whose annual peak season is too far in the future to trait to do a survey are cases where national default rates are appropriate). (b) For the ptapose of determinui i -a the Greatest of the aggregate gross nunintl n numbers of parking spaces for nighttine. daytime. and evening periods. the following rules shall be applied: (i) The rminitnunn number of parking spaces that are to be provided and maintained for each nese shall be deternlimed by identifying the use un the column entitled "Type of Land Use", and the corresponding minimum number of parking spaces in the same row - (ii) The gross niirnitnum murrber of parking spaces shall be multiplied by the "occupancy rate" shown in Tables 1 and ' for each use for the lveekdly inght. c aytinle and evenuig periods. and vveeketld might.. daytislge and eveniti® periods respectively. (iii) The gross minimurm numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross minirnnutnn numbers of parking spaces for each time period. (c) The larger of the aggregate gross mill llllrtll numbers of parking spaces for each tirue period shall be determined and shall be the nnininnum number of spaces provided for the Mired-L"se Project. (d) Parkiirig spaces to be shared cannot be resented for specific Uses or itndiViduals except during off-peak hours. Spaces for residents may not be shared. although guest spaces and extra residents' spaces beyond nninitnittnl requirements onlay be shared with tlotlresidetltial uses. Table 1 Weekday Parking Occupancy Rates - Percent of Basic l M' u' iiiun Needed l using Tirane period Cases Weekday Night Weekday Day Weekday Evening. Midnight - 6 arra 8 am - ; pan 6 pin - Midnight Residential ' 100,0 8004 100% Office 5 100 20 Commercial -Detail 5 90 80 Hotel ' 104 s0 100 Restaurant 10 70 100 Motic Theater 14 40 80 Entertainment 10 40 100 Couferencelconveantion 5 100 100 'Fast food. breakfast or lunch-orieuted establishment = 100 percent. 'Excludes conference �c onivntion facilities. "The minimum requirements for resident -s ov-u spaces must be met in exclusive (nonslwed) parking_ but guest parking and extra resident's parking may he shared. Heil Comments July 17, 2012 C-5 Table 2 Weekend Parking Occupancy fetes - Percent of Basic Minimum Needed Daring Time period 'Uses Weekend Might Weekeud Dai° Weekend Evening Midnight - 6 am 8 am - 5 pm 6 pm -'Midnight Residential �• 10'VO 80°0 10000 Office 5 5 5 Commercial -Retail 5 100 70 Hotel' 160 60 100 Restaurant ? 0 70' 100 MoVie Theater to s0 too Entertainment 50 so 100 Conference,'Convention 5 100 100 'Fast food. breakfast or lunch -oriented establishment = 160 percent- -Excludes €onferenc+e{convention facilities- .. The acilities_..lite mimmtrm requirements for resident's o%%n spaces Lnust be met in exclusive (ncrnshared) parking, but guest parking and extra resident's parking may he shared_ 2. Captive Mirket Parking Requirements. In addition to the reduction in parking requirements for Mixed -Use Projects. parkiMgrequirements for retail. restaurant. hotel. convention and conference Uses inay be reduced where it can be deteninned that sonic pollion 01 the patronage of these businesses comes from other Uses (e.g., employees of area offices patronizing restaurants) located within a maxinetun walking distance of 500 feet. Parking requirements may be reduced up to 90 percent as appropriate ivith approval of the Director. (a) Procedure: The Director may approve a reduction in required parking spaces based upon the provisions of these Off Street Parking Regulation,,. Applications for such a reduction must be submitted In writing accompanied by the followu' 12: (i) A park' lg demand analysis prepared by a qualified parking or traffic consultant. which substantiates the basis for granting a reduced -number of spaces. (ii) Shared parking operations place showing that: (A) Parking spaces i.nterided fbi7 shared parking, conveniently serve the laud uses intended. (B) Consideration is Given to the appropriate location and layout of high vs. low tumover parking spaces. (C) Any controlled parking such as paid, gated or valet parkin or areas should be locked in such a planner as to control turnover rates but not prohibit some park-ers from using all spaces. (D) Directional nicest convenient parking distinctions can be made). Heil Comments July 17, 2012 C-6 signage is provided directing drivers to the areas for each particular land use (if such Exhibit C Exhibit C (E) Pedestrian linksbetween parking areas and land uses are as direct and short as possible. (F) Safety and security are ensured and maintained at the parking facility through a comprehensive program includhi¢. but not limited to. sivil lnz. liL!htinz and television lnnonitolina. if warrantcd, (b) The owners agree that. before a change in use or operating hours that could increase peak parking demand by at least 10 percent. a fallow -up study shall be provided analyzing the change in demand patterns. Any forecast deficiency must be niet by the construction of additional parking spaces. payinent of ill -lieu fees. or support of shuttle service or other employee trip reducti.oil progralnn satisfactory to the Town. 3. Agreement Reaardillz Shared Parking Facilities, If Private Parking is to serve two or more Sites owned by different Owners or leasehold interest owners. then a legal agreement between the Owner of the Private Parking and the Olvner or leasehold interest owner. as applicable. of the Sites served by such Private Parking is required that grants a legal right to utilize such Private Parking for such Use (i.e.. a lease. license or other use agreemelnt) and indicates responsibilities for operating. maintaining and accepting liability for personal injury and property damage. Ullless explicitly stated to the contrary. the Owner of the Site upon which the Private Parking is situated accepts responsibility for operating. lnlamtainmg and accepting liability for personal injury and property da nia ge. 4. Walking Distance and Pedestrian Connections. Shared spaces must be located within 500 feet of the principal building entrances of all sharing Uses. How -ever. tip to 20 percent of the spaces may be located greater than 500 feet but less than 1.000 feet from the principal entrances if they do not serve Residential Uses. Clean safe pedestrian connections must be provided. requir•in2 no at glade crossing of an arterial street except at a signalized intersection along the pedestrian pathway. Up to 75 percent of nonresidential spaces may be provided at greater distances if dedicated shuttle bus or van service is provided from a remote parking facility. The service plan and performance guarantees for such a shuttle service or vain service must be approved by the Director. 5. Valet and Tandem Parkinz. Valet or tandem (double -length) parking may be used to meet shared parking requirements or supported by a shared parking operations plan. Tandem spaces may only be used for residents and business fleet operations. E. Parking Space Size Deduction for Compact Cars. Up to 30 percent of the total number of palklngy spaces provided by off street surfice parking lots or Parking Structures oil Ates containing 25 or inorc parking Spaces may be reduced nil size down to a mini111tim of eight feet in width by sixteen feet in length for use by compact cars. Such spaces shall be clearly signed for compact cars only and marked with double yellow striping. Heil Comments July 17, 2012 C-7 Exhibit C EXHIBIT D Wildlife Mitigation Plan 1. Introduction. This Wildlife Mitigation Plan was developed to avoid, minimize, and mitigate wildlife impacts resulting from The Village (at Avon) development proposal. The specifics contained herein have evolved from existing wildlife information, results of field surveys, discussions, meetings, and site visits with Colorado Division of Wildlife ("CDOW") representatives, and meetings and discussions with staff and professionals representing owners. 2. Wildlife Mitigation Plan. The Master Developer and Developer Affiliates, their respective successors or assigns, including the possibility of one or more homeowners or property owner association(s), and/or one or more public improvement companies (any of which shall be referred to as an "Association"), which have been or may be formed and which may undertake the Master Developer's and Developer Affiliates' responsibilities under this Agreement, hereby agree to the following stipulations in conjunction with The Village (at Avon) PUD. 3. Winter Rangepensation. (a) To compensate for the Elk Winter Range habitat loss associated with the development, a private The Village (at Avon) Wildlife Trust Fund ("Fund") shall be established at or before the issuance of the first building permit associated with residential development north of I-70. Interest generated by this Fund shall be spent only in Game Management Unit 36 or 35 to benefit animals in the herd actually affected by winter range loss north of I-70. Furthermore, interest generated by this Fund shall only be used to actually implement enhancement efforts. The Fund shall not be used to pay for Fund administration, consultants, and other incidental expenses. Disbursement and use of funds shall be overseen by an Association. CDOW participation shall be requested at meetings where habitat enhancement is being considered. Fund disbursement may include payments to the CDOW or a similar trust fund (e.g., the Colorado Wildlife Heritage Foundation) to allow the CDOW to coordinate enhancement efforts in the Eagle Valley. This approach should help maintain the functional value of the affected winter range, (b) Fund principal shall be based on winter range losses associated with the development. At full build -out, The Village (at Avon) development would encroach upon 155 acres of native habitat on the property designated elk winter range. Compensation is based on (a) the loss of 155 acres of winter range; (b) the need to treat (via aerial fertilization) 1.57 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected; (c) current fertilization costs of $65.00/acre (in 1998 dollars); and (d) an interest rate of 5%, which would require $5,275.98 to implement the enhancement in 1998. Fund principal required to generate this amount of interest every three years would require a one-time payment of principal totaling $105,519.70 (in 1998 dollars). This amount shall be deposited into the Fund upon the Fund's establishment. 4. Setbacks. Heil Comments July 17, 2012 D-1 Exhibit C (a) A 100 -foot setback from the closest edge of Building Envelopes of conceptual Lots 76, 78, 80, 81, 82, 86, 87, 96, 97, 109, 110, 119 and 120 adjacent to U.S. Forest Service lands along the northern property boundary of Planning Area K to both buffer residential activities from public lands and public activities (e.g., principally hunting and other recreational uses) from the adjacent residences shall be provided. (b) The stream setback provisions set forth in Section J.13 of The Village (at Avon) PUD shall apply to The Village (at Avon). Impacts to jurisdictional wetlands shall be protected by the Clean Water Act. 5. BuildingEnvelopes. nvelopes. (a) Building envelopes and rules governing the location and distribution of all structures, surrounding yards, and all disturbance to native vegetation, with the exceptions of utilities, driveways, etc., for single-family Residential Uses north of I-70 are set forth in Section D (Development Standards) of The Village (at Avon) PUD and are governed by The Village (at Avon) PUD. It is the intent that Building Envelopes in Planning Area K be clustered to concentrate disturbance areas and leave large blocks of undeveloped habitat. This measure helps insure that development follows a design minimizing habitat losses and facilitating continued wildlife movements through, and use of, the Property. No vegetative manipulation shall be permitted outside of designated Building Envelopes except as allowed by the PUD Guide and/or where manipulation is required as part of any valid wildlife enhancement program, as authorized to reduce wildfire potential, or for access roads, driveways, parking areas and utility installation. The objective of this measure is to minimize the amount of natural habitat loss and maintain existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. Homeowners shall be educated to appreciate and maintain the existing vegetative community, particularly forests and shrubby areas which provide critical wildlife cover and forage values. (b) Upon conceptual Lots 90-113 any required tree/shrub clearing for wildfire mitigation shall be contained within the designated envelope. (c) The area of fertilized, irrigated landscaping each Dwelling Unit is permitted to have shall be restricted to < 5,000 square feet. Residents shall also be educated to recognize that they have moved into wildlife habitat, that some wildlife shall have strong compulsions to eat what homeowners plant, and that the CDOW shall not be liable for wildlife damage to landscaping. 6. Open Space. (a) Approximately 483 acres (OS -1 and a portion of Planning Area K as set forth on the PUD Master Plan) north of I-70 have been designated as open space. These areas include some of the most valuable winter range, migration corridors, and other important wildlife habitat on the Property. It is the intention that OS -1 and at least 384 acres of Planning Area K function primarily as wildlife habitat. Other subdivision uses may occur in these areas, however, these areas shall be preserved primarily in their undeveloped condition and managed to further enhance wildlife values. Heil Comments July 17, 2012 D-2 Exhibit C (b) In addition, the portion of Planning Area K that shall be located within future Lots for single family Residential Use but outside of the future designated Building Envelopes of those Lots shall function as private open space. To facilitate habitat management and enhancement on these Lots and as an additional measure precluding development outside of envelopes, areas on all such Lots outside of designated Building Envelopes and easements north of I-70 shall be protected as open space under provisions of The Village (at Avon) protective covenants to be recorded in connection with future subdivision of Planning Area K. 7. Main Deer Movement Corridor. The Village (at Avon) agrees to maintain a deer movement corridor of a minimum width of 800 feet between the western edge of the Building Envelope for conceptual Lots 112 and 113 and the eastern edge of the Building Envelopes for conceptual Lots 108, 110 and 111 as depicted on the PUD Master Plan. No amendment to the location of these Building Envelopes shall be permitted that results in any encroachment into this 800' wide designated movement corridor. 8. Roads North of Interstate Highway 70. (a) Road design and use through portions of The Village (at Avon) has the potential to disrupt migratory elk movements, local elk movements, and affect habitat use. The posted speed limit (25 mph) is generally slow enough to avoid most wildlife mortality; however, residents, guests, and contractors frequently exceed posted speed limits in similar, adjacent residential developments. The Village (at Avon) roads shall be designed to incorporate features requiring low vehicle speeds to reduce road -kill mortality and facilitate migratory movements across roads. (b) Road widths shall be as set forth in Exhibit E (Street Standards) to the PUD Guide to force slower operating speeds and adjusted to the number of residences being served by the road. There shall be no bike lanes or paved road shoulders beyond conceptual Lot 84. Cut and fill slopes in the vicinity of the main migration corridor and along gulches may require additional grading or design to facilitate wildlife movements. Any necessary guard rails installed along road sections within wildlife corridors shall be designed to allow wildlife movements. Standard guard rails restrict wildlife movements and can increase wildlife -vehicle collisions. Signage providing for restricted access to all single family Residential Uses within Planning Area K shall be installed. 9. Trails. (a) With the exception of public access through the Property along an existing trail through OS -1, there shall be no public access through the Property to U.S. Forest Service lands to the north. Public access and access for The Village (at Avon) along the trail through OS -1 shall be limited to foot traffic only. Seasonal restrictions shall be associated with this trail to ensure use is compatible with important wildlife use on and adjacent to the Property (see below). (b) No other trails shall be developed within the Protected Wildlife Habitat (defined below in Section 10) on the Property without the agreement of the CDOW, except for Heil Comments July 17, 2012 D-3 Exhibit C an access trail/path/emergency vehicle access connecting Planning Area RMF -2 to OS -2 and P- 3. 10. Seasonal Use Restrictions. Seasonal use restrictions shall be imposed and enforced on homeowners, guests, employees, and the public to optimize wildlife use on and adjacent to the Property. (a) General Protected Wildlife Habitat Restrictions. Recreational uses of OS - 1 and the open space areas of Planning Area K (hereinafter "Protected Wildlife Habitat" or "PWH") shall be restricted during the winter range occupancy period extending from December 15 to April 15. Recreational use, including nordic skiing, hiking, bicycling, equestrian use, etc., within these areas should be restricted from the above defined PWH from December 15 to April 15. (b) Additional Restrictions Within the Main Deer Movement Corridor. (i) In addition to the seasonal, winter range -related restrictions presented above in Section 10(a), road and home construction activities east of Traer Creek, within the designated 800' wide main deer movement corridor, shall be restricted to reduce conflicts with deer migration. Road construction within the designated 800' wide corridor is prohibited during the spring (May 1 to June 15 [dates inclusive]) and fall (October 1 to December 1 [dates inclusive]) migration periods. The purpose of this measure is to eliminate disturbances (i.e., human activity) and barriers (e.g., incomplete cut and fill slopes) within the migration corridor that could alter movements. (ii) Home construction on conceptual Lots 105-112 could occur throughout the year, however, daily outdoor construction periods on individual lots (excluding construction worker travel (i.e., arrival and departure) shall be restricted to the period between 6:30 a.m. and 5:30 p.m. hours during spring migration (defined above) and 7:30 a.m. and 4:15 p.m. hours during fall migration (defined above). This shall facilitate the largely nocturnal and crepuscular migration to occur through the existing corridor with reduced human disturbance. (c) Access Restrictions to U.S. Forest Service Lands. To protect spring deer migration and elk winter range, migration, and calving values on U.S. Forest Service lands north of The Village (at Avon), the public trail running through OS -1 shall be closed to all use from December 15 to June 30, dates inclusive. (d) Enforcement. These seasonal/areal restrictions shall be enforceable by the Master Developer, the Developer Affiliates and/or Association(s), as applicable. Homeowners shall also be educated about these closures on and adjacent to the Property via a "Living with Wildlife" homeowners book. Furthermore, because these conditions are part of The Village (at Avon) PUD, the Town, CDOW, and U.S. Forest Service may also enforce these restrictions, within their respective jurisdictions. 11. Reclamation/Landscaping. Heil Comments July 17, 2012 D-4 Exhibit C (a) Native wildlife habitats disturbed by construction activity outside of Building Envelopes in PWH should be reseeded or replanted with those native plant species originally present. Where service access is required, the re -planting of trees could be exel idedprohibited from utility corridors. Re -planting along road shoulders can exclude trees and shrubs to maximize vertical and horizontal sight -distances and reduce the probability of road -killed wildlife. Vehicle speeds within the development on roads north of I-70 should be slow enough that road shoulders could be reseeded with plants palatable to big game without increasing the probability of road -kills. (b) Homeowners are strongly encouraged to landscape with native plant species to avoid wildlife damage. The CDOW shall not be liable for wildlife damage to landscaping. The Design Review Board shall provide a list of suitable landscaping materials, their maintenance and protection, to homeowners. 12. Dogs and Pet Control. (a) Owners of each residential lot shall be permitted to harbor up to two dogs and offspring up to three months old. Residents shall be prohibited from harboring dogs outside on their property unless they have adequate facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent to the home, within the applicable Building Envelope, and shall not exceed 1,000 square feet. Homeowners are encouraged to completely cover runs (including tops) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain the resident's dog(s), the animals shall be immediately removed from the subdivision until adequate structures can be built. (b) At no time are dogs to be allowed to run freely anywhere on the Property. When dogs move beyond their owner's property line, the dog must be controlled by a leash of no more than 12 feet in length, under the direct control of its owner or authorized representative. Visitors shall be discouraged from bringing dogs on-site. (c) The Master Developer, Developer Affiliates and/or Association(s), as applicable, shall be responsible for enforcing the dog and pet covenants set forth herein. Stray dogs may also be controlled by the Town and CDOW. Homeowners not in compliance with these dog restrictions shall be responsible for any and all costs incurred by the Master Developer, Developer Affiliates, Association(s), the County of Eagle and/or CDOW for enforcing these provisions. (d) Homeowners should be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. (e) Contractors shall be prohibited from bringing dogs onto the Property, even if they would be kept inside vehicles. 13. Fencing. (a) Fencing within The Village (at Avon) north of I-70 shall be restricted to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Fencing approval shall be under the purview of the Design Review Board. Heil Comments July 17, 2012 D-5 Exhibit C Homeowners shall be permitted a 6' high privacy fence to enclose up to 2,500 square feet, provided it is immediately adjacent to the house and it is entirely within the designated Building Envelope, unless specifically approved by the Design Review Board. All other fencing shall be prohibited. Where fencing is required to be installed to restrict domestic livestock on adjacent properties, it shall be compatible with wildlife movements and conform to the following specifications: (i) Wildlife compatible fencing is permitted to a maximum of 3 strands of wire (smooth wire preferred) or 3 rails. Rails shall not be more that 4 inches tall. (ii) The top rail or wire strand shall not be higher than 42 inches above mean ground level. With the exception of a split rail design, a rail fence shall not have a top rail oriented horizontally whose width perpendicular to the ground exceeds 1 inch. This measure is to prevent snow accumulation on the top rail from restricting big game movements. (iii) The middle wire strand shall be no higher than 30 inches above mean ground level, providing a 12 inch kickspace below the top strand. (iv) The bottom rail or wire strand shall be at least 18 inches above mean ground level, to provide sufficient clearance for passage of elk calves, deer fawns, and other wildlife. (b) Fencing may be subject to more restrictive provisions as stated in the Design Guidelines. 14. Bears and Mountain Lions/Trash Removal/Nuisance Wildlife. (a) Bear and Related Issues. The following measures shall be required to reduce potential bear problems: (i) There shall be no outside storage of any trash or garbage, no matter how briefly (e.g. overnight), at any Dwelling Unit or anywhere within the development, unless it is contained within individual bear -proof containers which meet North American Bear Society, CDOW or U.S. National Park Service specifications. (ii) Prior to disposal, any refuse that might attract bears should be kept within the garbage in a suitable receptacle with a tight -fitting lid. Refuse should not be kept within detached garages or sheds because these structures are more likely to be broken into by bears. Trash containers should be taken to the collection points (e.g., the end of the driveways) the morning of collection and not put out the night before. (iii) There shall be no dumps or underground disposal of refuse within The Village (at Avon). Buried garbage may attract bears. (iv) Residents should be discouraged from using a garden compost pile, unless the compost pile is bear -proof, meeting North American Bear Society, CDOW or Heil Comments July 17, 2012 D-6 Exhibit C U.S. National Park Service specifications. Residents shall also be educated that household and garden waste contributions to compost piles compose the materials that can attract bears and other nuisance wildlife (e.g. skunks), creating conflicts. Composted yard waste consisting of leaves, grass, small branches, etc. do not usually attract bears. (v) Pets shall not be fed outside. Bowls of pet food left on the back deck may attract bears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry diseases that can be transmitted to pets. (vi) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. (vii) Homeowners shall be educated about bears and other local wildlife via the CDOW's brochure entitled "Living with Wildlife in Bear Country." One copy of the brochure shall be provided to each homeowner at closing. (b) Mountain Lions. (i) All residents and perspective residents shall receive a copy of the CDOW's brochure entitled "Living with Wildlife in Mountain Lion Country." One copy of the brochure shall be provided to each homeowner at closing. (ii) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. 15. Horses. Except as may be permitted in the PUD Guide and except for pre- existing uses, there shall be no boarding of horses or other livestock, including but not limited to llamas, on individual Lots or community facilities within the Property. Any horses owned by residents of the Village (at Avon) shall be boarded off-site. Residents of The Village (at Avon) shall not be permitted a temporary "saddle -up" area, corral, or other fenced areas to allow horses to be kept overnight, over a weekend, or for any length of time on their Lot. 16. Wildlife Mortality on Local Roads. (a) Posted vehicle speed limits on proposed roads within The Village (at Avon) north of I-70 shall be as set forth in Exhibit E (Street Standards) to the PUD Guide. To reduce road mortality associated with speeding, road design is recommended (see Section 7 above) to force motorists to obey the speed limit. (b) The Village (at Avon) is also accessed by high speed roads, including I-70 and Highway 6, where moderate numbers of deer and elk are killed by vehicles each year. Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. The Village (at Avon) residents should be educated about avoiding wildlife mortality on roads in any educational information that is developed. Heil Comments July 17, 2012 D-7 Exhibit C 17. Hunting. Hunting is the primary management tool the CDOW uses to balance wildlife populations with available habitat. Inadequate hunter access and/or hunter harvest shall allow populations to grow, increasing game damage on the Property and adjacent properties. Hunting by authorized residents of The Village (at Avon) or guided guests, could continue on the Property as long as safely allowed. However, it is required that all prospective hunters must receive written permission to hunt a specified area by the Master Developer or its designee. Secondly, the Master Developer shall decide what type and level of hunting, if any, is compatible with development, what areas may be safely hunted, and when all hunting on the Property shall be terminated as the Property builds out. 18. Educating Residents. Homeowners shall be educated about wildlife issues within the Property by providing each homeowner one copy of this Wildlife Mitigation Agreement at the time of closing and copies of the CDOW bear and mountain lion brochures. Other wildlife - related education sources could include a "Living with Wildlife" book similar to that prepared for other surrounding subdivisions located in sensitive wildlife habitats. Heil Comments July 17, 2012 D-8 Exhibit C EXHIBIT E Minimum Design Guideline Standards )1 INTRODUCTION The general concept of these guidelmes is to provide for certain minimum Odchnes for the dcsiga of ilnprovemetlts within The Village (at Avon). The Village (at Avon) Resign Review Board will prepare, adopt, and utilizeT a more detailcd design review guide. This set of minimum guidelines is intended to provide certain assurances to the Tav+m of Avian with regard to the matters covered below. A. Overall Design Theme The overall de -sign therne for The Village fat Avon) is to establish an attractive appearance, for visitors and residents and yet be flexible canough to allow for affordable design solutions, In addition to the guidelines established widiin this document, The 'Village (at Avon) will be prcparing detailed supplementary architeettral site planning, landscape design guidelines for various aeras within the project, and adopting Design Review Board Rules and Procedures. B. Purpose of the Gtrtde6Qes The purpose of this document is to establish certain minimum design guidelines for The Tillage (at Avon) and to serve as a tool for making design decisions as the project evolves. In addition to the Design Guidelines, there are Several other docurnr:nts that may affect the design and development of property within this study area. It is strongly rccommen&d that developers, architects, and propmy owners review these docurnents pricer to making any development/design decisions. These documents include The Village (at Avon) PUD Guide, covenants, aid Tower of Avon building, codes, Contacting The Village (at Avon) Design Review Board and ffic Town of Avon Department of Commuruty Development to review and discuss these and other perdnent documents is it pvadent first step in the design/development process. Heil Comments July 17, 2012 E-1 Exhibit C H DESIGN REVIEW PROEEQItM The design review requirements for The Village (at Avon) +will follow timeframes and submittal reaquirentents as described in The Village (at Avon) Design Review Board Guidelines, ]rules and Procedures. In order to facilitate development approval, .site plan and architectural review should occur as a coordinated process. The applicant should be aware of review timetables and should structure plan submissions sir that sufficient time for plan modifications can be scheduled. A_ Pre -Application Conference Pnor to the formal submittal of any request for approval to proceed with building site improvements, an informal pre. -application conference shall be held between the applicant and the Design review Board, This conference shall serge to acquaint the applicant with the Design Guidelines and to allow staff to bt me familiar with the apphcaat"s development intent and design philosophy. A schematic site plan and building concept drawings will aid in discussion at this conf'c=rence, however applicants are encouraged not to prepare detailed designs which might require extensive revision as a result of the pre -application confmnce. An applicant should bring the following information in a grief suzn nary • General project concept • Specific uses proposed, and intensity of use proposcd (floor arta and parking demand) • Proposed construction timing • General concepts concerning, building size and exterior materials, and site plan concepts: Au exterior materials package including roof material and calor, wall treatment, glass and glazing_ Site plan concepts including ng site organization, landscaping, irri,gatioa, gTadiag, lighting, and signs,. B. Governing Authority and Regulations The Village (at Avon) Design Review Board is charged with the functinn of reviewing and acting upon the general design and appearance of any building, construction, ,paving, grading or landscaping proposed can any lest or parcel of land with The Village (at Avon). The Village (at Avon) Design Review Board will review any building, building alteration, landscaping, or signage proposed within The Village (at Avon) will be reviewed for compliance with the minimum guidelines Heil Comments July 17, 2012 E-2 Exhibit C dished in this document as well as additional guidelines created by The Village (at Avon) Design. Review Board. III URBAN DESIGN Urban Design, m related to these guidelines, refers io all aspects of the d+eveloptment, excluding architecture, within the urbanized area of The ViI[age (at Avon) south of interstate Highway 7D. It includes the relationship of building to site and outdoor spat , parking areas and access, pedestrianways and sidewalks, landscaping, streetscapes and street furniture, sculpture, signs, fen6-ng, and lighting. Gcncra►llyr all them elements that create the image of a Town and how they are combined are considered the Urban Design. A. General Design Considerations Surrounding the buildings and along the public ways, landscape plantings, walks, ;public lighting, sits; furnishings, mid signage should create a year- round, coherent and festive atmosphere. It is 1 -1 -Le conibillatiom of the amhit,echwal and landscape styles that gill create The Viilage (apt Avon), Landscaping should be considered an inregM pail of the design of all projects. Individual prupertie;s should be designed to respect and enhance the design of st re etscapes. The most appropnate shrubs and trees are those that are known to be hardy, and which have a natural appearance within Avon's mountain -valley location. B. Area Wide Guidelines Siting Conditions Buildings and ether improvements should be individually designed for the site on which they are to be placed. The site and its relationship to other structures, scenic values, views and climaiiie orientation should be the dominant factors in the design and siting of buildings. P€ destr an accesswrays should be incorporated into the Site designs. Buildings and improvements should be designed and sited to conform to the tcrrair7 and to take advantage of views. Temced buildings and parking will minimize site disturbance, provide less costly construction and provide oplrurtunities for privacy and views by grade separation. Passive solar design as a component of the architectural design of individual buildings its encouraged. Heil Comments July 17, 2012 E-3 Exhibit C The use of sun exposure -reducing elernents such as overhangs, pergola's„ canmpies, eaves wW awnings can be designed as integral components of - the architectual design. Outdoor spaces such as cOurtya,rds and Plazas can have southern exposure to extend the periods of sra Onal use and comfort. However, within these spaces, there should be a variety of sun and shade conditions to allow full use during the extreme heat of suamner months and take advantage of' waren winter days. North facing entrieS and outdoor spaces should: be carefully considered because of Winter conditions. Complete vehicular circulation, including knack up and turn mound areas, if applicable must be provided. Permanent parking aureus must be concrete, asphalt, or othBr hone surfam with spaces clearly marked. Two handicapped stalls per each 10? stalls is rccommended. Snore storage areas equaling I S% of all outdoor suiface-parking areas are rccornrtlended. Driveway or maneuvering areas within a parking lot roust be designed to provide for safe and reasonable maneuverability of vehicles. Striping: All parking spatres within permanent pawed parking areas roust be striped in a manner clearly showing the layout of•the intended stall. Maintenance: ,All parking areas must be maintained in a safe and sanitary condition and kepi in goad repair. Provisions should be trade for the plowing of snow from all outdoor surface -parking arm. Parking Area Landscape: Parking area interior landscape can be confined to islands. Trees, flowers, grasses and shrubs arc recommended for these islands. The builder is responsible for preventing erosion of the site moth during construction and after the project is complete. runoff of silt, debris or sedimentation onto adjacent streets, ,gutters, sidewalks, rights-of-way, stcrtu drain systems or adjacent properties should be avoided. The Torn of Avon's stormwater and dminage manual should be reviewed and used as a guidcl.inc. 1"?rainage into common cpcn space areas is ntat allowed except in plat,ncd drainage Channels or drainage easements. Heil Comments July 17, 2012 E-4 Exhibit C age swales should not surface drwn across major walkways or trail systems. Drainage can be pipod or ruck lined if flaws are significant and/or if it /lows info natural channels_ Parking bays and walkways should not slope toward the building without adequate previsions for draining sto nn water away from the structure. All pawed areas must be sloped to properly drain. Paved areas must be designiod to carry surface water to the nearest p=tical strut, storm drain or natural water course approved by the Design Review Board. Concentrated flows of water from parking areas should be mllected in an appropriate manner. A< detailed drainage study, if deemed appropriate, must be prepared by a ivi 1 Engineer and submitted to the Design review ward for approval. All landscape development, including specific landscape eLarrlents such as planters, retaining walls, and berms must be approved by the Design Review Board. Plata material selection and placement must ensure sale sight lines to traffic and signs. Care should be taken that no hazards aro ereated for pedestrians and vehicles by plant litter. Plants are to be installed and maintained according to sound horticultural practices. Plantings must be consistent in quality and character with an approved materials list by the Design review bard. Shrub planting beds can be mulched to prevent erosion and help retain moisture. All planting beds can be containcd on all sides by a 'handl edge (i.e. sidewalk, wood, or steel edging, building, or curb). Snow loading should 'bc considered when locating shrub areas so as to avoid winter damage to plants. Shrubs should be a minimum size of five gallon. Hedges, in winter, become snow fences and must be placed accordingly. Trees: Frees must be planted to provide for tree growth without disruption of adjacent .areas. Each tree or tree "clump" m= be no smaller than two inches in caliper. Repl einent, if necessary, and maintenance of each Ime is the re nsibility of the builder_ .Dead trees must bereplaced promptly with a tree of the same type, quality and size. Heil Comments July 17, 2012 E-5 Exhibit C Trees should be chosen and located to provide a function such as screening, shade, view enframement or accent. Acccnt plantings can occur at locations such as building entries, parcel entries or pedcstrian arm. Care should be taken whcu sciccting and locating trees so that Evergreen trams don't significantly shadc streets in winter creating hmardous icing conditions; nor should they block south facing windows limiting solar access, Mulches Mulches can be utilized to treat the areas around tree and shrub plantings in all zones. Rock mulch is discouragod adjacent to asphalt areas, G= -Yes-- ° Grasses can be used in several situations„ two of which are-. * In large operl areas as a sail stabilizing agent and for visual effect (primarily viewed from vehicular traffic). Close to pedestrian areas where visual relief from extens=ive pavernerit is desired. In large open ares num=us grass mixes can be col sidered. Thought should be given to water requirements and availability, maintenance rcquiremeots, potential fire hazard of dry grass, and visual. effect desired. In thcse areas, ro-agh grass mixes could be utiiizcd. Native grasses and wildflowers/bulbs require less water, Iess mowing, and lend themselves well to the perimeter areas, and wheu utilized, should be selected to match adjaccut native grasses. In more intensively developed areas with pedestrian traffic anticipated, bluegrass mixes can he utilized to provide a lush, green appcarance. Bluegra.%s mixes require more water aurid mowing than rough or dryland grasses and should be used judiciously. Irrigation. - Irrigation is required in all formal landscaped areas. The intent is to kccp the plant material healthy in appearance by meeting plant water requirements fur proper ,growth and development. The type of irrigation will be determined by the intensity of landscape dcvelopnlent and the associated water requirements of the plant species. For example, parkrttg lot islands that contain only river rack mulch and trees may receive a drip irrigation system whereas plain that have bluegrass, as well as tree and shrubs will require more traditional irrigation systems. Heil Comments July 17, 2012 E-6 Exhibit C Suggested irrigation techniques depending on the intensity of lands pt development include the following: a Automatic spray irrigation system • M=ual spray irrigation system + Automatic trickle irrigation system + Quick coupler system. Exterior F,urnishings.- Within the landscape, three -dime ionaal objects are the Incest readily perceived, Careful design and use of these clemunts in the public and semi-public areas is critical in order to convey permanence and identity, as well as theme. Furnishings shaaald be provided as appropriate and establish character throu&h a unified design vocabulary, and provide sung visual continuity mobile fulfilling functionaI requirements. Mechanical Screening. Ground -mounted equipment such as power transformers and sir handling equipment must be screened from public view by either materials mm-gral with the building, a fence or landscaping, all of which roust be approved by the Design Review Board pricer to construction. Utility boxes should be located away ftom buildings, toward parcel propefty lines or painted to match surroundings. In all cases, plant material must be used to sere these boxes. Fencing may be used in combination with plant rn{ataiaU. Phone pedestals, noetics and transformers will, whenever possible, occur to the side and rear of buildings. Vacuum breakers (irrigation equipment) will be loc.atod below grade in inspection pit housings or adequately screened by landscaping. Trash Dumpsters: Trash dumpsters shall be properly screened on all sides and enclosed by a roof if located outside. Screening and Fencing - Service Area Screening - All service areas are to be properly wreened from adjacent land uses. Heil Comments July 17, 2012 E-7 Exhibit C Lighting: The lighting systc ms will see functional and aesthetic roles, These include: • To provide security and visual safety, • TO serve as d1reetiOn1t indicators for both vel>icular and pedestnan traffic. • To provide extended outdoor use time, particularly in pedestrian gathering areas. • To reinforce the identity and character through form, color and materials of fixtures, visual light quality and placement, In all commerciaUretail. and office parcels, light tag plans must he approved by the Dosign Review rioard. Pedestrian Scale Lighting; "[be use of low bevel light sources at the pcdesri;rn sere to ���.�rri C illuminate the ground plane provlde4 a sp1:L a1 i)PF("'rttlnJV'r to rGrlforC�e' the. unique identity and "sense of place' found in the area. This is achiev-cil by a variety of lighting fixture types and l lwcr mounthig heiglits. :fit ni�iit, these design elements provide light for saf tv and ae�th��ic 4t'tcct, By div, the physical shapes and sires lend animation aml settle to [)ccicsti��i. space& fixtures at a height of 16" can be utilised to i Ruminate pC-clestriall traffic: areas. AdditinvO pedestrian scale lights may be utiliF eel„ including smaller bollard light (42"height) and canister type lig.lits on overhead structures. Consiiicratio% I'r (lie 11ar�dicapped. should be a part of c design pr cess for any project in accordance v4lth appropriate ADA standards. IV TECHNICAL DESIGN RECO M MU'41) T IONS Grading and Drainage The following grades should be observed • Ground shall slope away frorcl al l buil dings at a Minimum of six inches (0") in ten feet (I0'). • All putt ed ares should drain at a min i rmw i of two percent (2%). Maximum siopes on pl uaed arm should be 2;1 (grass 4:1). • A11 paved streets and driveways with ca)rh and gutter should drain at a 11141i11wln ofmic-half percent (1/2%6). Heil Comments July 17, 2012 E-8 Exhibit C * All walkways and other paving should drain at a rninimum of one P=ent (1°J*). Maximum romp grade should hc eight p +cent (8°I6). Walkway slopes should he kept to a minimum to ensure pedestrian safety in the winter. * All parking bays should drain at a mirilmum of one-half peromt (112944), Maximum grade should be five percent (5%), to ensure pedestrian safety on ice and gnaw. Landscaping {recorm-vended plant inaterials) Deciduous Trees: + Ash • Hackheny Aspen • Willow Cottonwood Evergreen Tres: * Blue Spruce * Douglas Fir * Ponderosa Pine, I.irnher pine Deciduous Shrubs: • Buffaloberry 5newhcrry • Common Lilac • Sumac • ]Mountain Mahogany R Willow • Potentilla Evergreen Shrubs; * Juniper * Yucca Ground covers'Flowers: * Artemesia * Pere ills * Daylily ■ Wildflowers * Miahonia Grasses: * Blue Stem * Slue Grama * Buffalo Crazss Fescue Heil Comments July 17, 2012 E-9 Exhibit C Recommended Mulches: Signs; Cobble.: Four to six inch (4'°- fi'� average diameter, tarn or gray in color. Cobble should trc infilled with one-quadu ineh (1141} pea gravel to i t a.ibit weak growth. Washed River Rack: One-half to threc-quairtcr inch (112" — yl,) average diameter, smooth and tan or gay 'in color. Gravel should be installed a rrtin=um of th ,e inches (Ydeep, Wood chips, Pole Feelings or Equal; Free of sticks or, litter and should be installed a minimum ofthree inches (3") deep - 7be purpose of these criteria is to establish design standards that insure the owner and, tenants identification axed visual continuity, Unless otherwise appToved by th.c Design Rev .iew Board as part of a unified signage plan for a particular project; the following sign standards shall apply. Prospective owners and tcrlants should review the criteria and then co-ordinate directly with a selected sign contractor, Aller a drawing has been prepared which meets tenant's apprav , final drawings should be. submittrd to the Design Review Board for approval. Drawings should indicatc size, color, type face, illumination, locations, layout; installation method, and any other pertinent information. Material and color samples should also be submitted. General Siad Recommendations: • No animated, flashing, time4emperature or audible sips will br, permittcd. • All signs and their installadon must comply with all local building and electrical codes and bear the UL label. • There roust be no exposed raceways, cross -overs, conduits, conductors, UmsfoTmers, or j uncti on boxes. • Rotating signs will not be permitted. No sign may extend above the roufline of the huilding. • The letter style, cola r, and material may be selected by tenant with approval by the Design Review Board, Highly stylized or extremely ornate type faces will not be allowed, unless it is an established trademark. • No advertising placards, bamers, peruaants, insignia, trademarks or ether dcscriptivc material can be affixed or maintained alurg the glass pmels and supports of shop windows and doors or upon the exterior walls of the building. Heil Comments July 17, 2012 E-10 Exhibit C 'plc), -,]Ln tnanufacturer's'abels or ether identification will lie lic:rtnitted on the exposed surface of signs, cxcept those rquired by local ordinarice which must be in an ii ICOtISpic LIOIUS loCatiur). No sign, advertisement, billboard or advertising structure of :rny kind may hc: displayed fur public view on any portion of the properlics c;r On any iot C%Cept .l accoidwicc with the standards set ley, and with the prior ivrinen approval of the Desi It Board, All Signs rnust confunn to presc:ribrd setback a ud sipla lines unless other -:rise authorized. lCommrercialfllcetail ii m-. The length: o. total sign inusl not exceed 1l3 of the retail store frontage. The area of the sign roust 110 exceed 0% of the storefront area. spacing between adjacent signs must be a minimum of four feet (W). The "copy" and "loge" criteria for each sign is as fo11c5 ws: T" -mats muy only display their established trade names, or simply state their basic products (i.e. "Baker Shoes"), No additional advertising will be allowed (i.e. "Discoun' Salus".. "Quality `dines", etc). Retail,'e.ommerc.ial shops at corner locations will be allowed no more than three signs (twee fa.5c.iaw and rant ;arc ade), Atop, in all other locations will be permitted only two signs lion. Id cia and +sire dicade 10. Free-standing bu lclings navir; � 1c)uT (4) cxpuscrl elevations will be allc,,vocl to ]rave sip is only on two primary expos --d elc.�•nt ons„ unless otherwise approved by the Design Rcvlcw Board - Office S igns: Signs for office structures are to be mono hent type. �u w~ mum height allowance will be six feet 0") with twelve feet (12') as a maximum horizontal dimension. Cenersl I .aghting Recommendations- * Illuminating Engineering Society Criteria and Stands will prevail. vc-rage font candle levels will apply; Artcrial - 1.0 C o l lector - 0.6 Local Read -0.4 CommerciallBusiness parking Lets - +0.6 Heil Comments July 17, 2012 E-1 1 Exhibit C -Miniltnuin fooit canciJc. IL;vels wust be approxar_ alci}' of the avemgc jbo� candle level. • A mIn muni ucri.formity Fai.io of 3:1 must be maintained, Ligh t pales will be a maximum of 351, sw1, aluminum or fiberglass pales. * I I i h pressure sOdiurn (hps) lamps will be used_ + Controls should be light sensing types and integral to the fixture. Heil Comments July 17, 2012 E- 12 Exhibit C EXHIBIT F Street Standards I Street Design and Improvement Standards. Development within The Village (at Avon) shall comply with the street design and improvement standards contained within Sections 7-28 and 7.32 of the Development Code. as modified by the standards set forth in this Exhibit F. (a) Street Descriptions and Types. a. Past Boulevard (constructed): this Urban Arterial Road extends south from Swift Oulch Road (constructed) to US 6 and has an interchange with 1-70. Curb. --utter. 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 1i nit on Post Boulevard is 30 MPH. changing to 35 MPH at the north encl. b. Yoder Avenue (constructed): this Urban Collector Cid-de- sac Road extends east froni Post Boulevard (constructed) to the Cid-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 t-Lum lane is provided. The posted speed limit Is 25 MPH. C. Fawcett Road (constructed): this Urban Collector Road extends between Post Boulevard (constructed) and Yoder Avenue (constricted). Curb. gutter. and sidewalk- are provided along both sides of the roadway. and along the western side only fi-oni the Wal-Mart entry to Yoder Ave.. with -in a 60' — 711 R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH. d. East Beaver Creek Boulevard (temporary): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). The posted speed limit of 30 MPH. (1) No conuilercial through traffic shall be pelMlitte& e. Svzft Gulch Road (constmeted): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). An 8' wide multi -use trail exists with -in the varying width R.O.W f. East Beaver Creek Boulevard (conceptual): this Rural Local Road extends from Avon Road at the western edge of Lot 1. to Post Boulevard (constructed). Hard shoulders shall be provided within a 50' irun.) R.O.W. as generally depicted on the conceptual illustration attached Heil Comments July 17, 2012 F-1 Exhibit C as a park of this Exhibit F. EBCB (page F -lb Option A. page F-17 Option B. or page F-18 Option C) and may, at the option of the Applicant.. be constrtacted and vistalled iaa phases contemporaneously with the phased development abutting the applicable portion of East Bearer Creek Blvd. (1) No commercial tlu•ough traffic shall be peel fitted. (?") Provided that East Bearer Creek Boulevard dues :not connect to Post Boulevard, cul-de-sacs may exceed 1.000 feet in length and serve not more than 450 Dwelling Units: The portion of such cul-de-sacs serving 250 or more Dwellin-a Units shall be constrtacted to Rural Cotlector Road. and the portion of such cal - de -sacs servinz less than 25t] Dxcllina Units shall be constructed to Rural Local Road. g. Main .Sheet (conceptual): this Urban Local Road extends from the western edge of Lot 1 at Chapel apel Place to the roundabout at Post Boulevard (constr acted). Curb. gutter, and sidewalk shall be provided along both sides of the roadway. within a 50' (1-nin.) R.O.W. for the eastern and-vesteni segment. and 803 (mill.) R.O.W, for the central segment as generally depicted on the conceptual illustration attached as a part of this Exhibit F. and may. at the option of the Applicant, be constrtacted and installed in phases contemporaneously with the phased development abutting the applicable portion of Main Street. h. Svvi t Gulch Road (conceptual): this Rural Local Road extends east fi-oin the roundabout at Post Blvd. (constrtacted) through. Planning .area I the United States Forest Service parcel. to Planning Area 1. Hard shoulders shall be proVIded within a 50* (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. and may, at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Swift Gulch Road, i. Road A (conceptual): this Urban local Road extends from East Bearer Creek Blvd. (conceptual) to Main Street (conceptual), Curb. gutter. and sidewalk- shall be provided along both sides of the roa& ay. within a 50' (m1n.) R.O.W. as generally depicted on the conceFtlaal illustration attached as a part of this Exhibit F. and may. at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road A. (1) No conunercial through traffic shall be pernlitted. j. Road R (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 Heil Comments July 17, 2012 F-2 Exhibit C be provided along one side of the read. within a 50` (nun.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. and may, at the option of the Applicant, be constructed and installed in pleases contemporaneously Avith the phased development abutting the applicable portion of Road B. (1) No commercial through traffic shall be penriitted. (2) At the option of the applicant this may be designated as a one-waystreet. k. Roan 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' (ntin) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. for the central segment: page F-7 Option A. page F-8 Option B. or page F-9 Option C: for the western sealnent page F-10 Option A. or page F-11 Option B. for the eastern segment page F-12 Option. A, page F-13 Option B. page F-14 Option Q. and may. at the option of the Applicant, be constructed and installed in pleases contemporaneously with the phased development abutting the applicable portion of Main Street. 1. Svtyift Gulch Road (canceptual): this Rural Local Road extends east from the roundabout at post Blvd. (constructed) through Planning Area I the United :Mates Forest Service parcel.. to Planning Area 1. Hard shoulders shall be provided within a 50' (min.) R.O.W. as generally depicted oil the conceptual illustration attached as a part of this Exhibit F. (page F-16 Option A. page F-17 Option B. or page F-18 Option C). and may. at the option of the Applicant. be constructed and installed In phases contemporaneously with the phased development abutting the applicable portion of Road C. in. Road A (conceptidai ): this Urban local Roads extends from Fast Bearer Creek Blvd.(conceptual) to Main Street (conceptual). Curb. gutter. and sidewalk shall be provided along both sides of the roadway. within a 50` (nun.) R.O.W. as zeuerally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-10 Option A, or page F-11 Option B). and niay. at the option of the Applicant. be constnicted and installed iii phases contemporaneously with the phased development abutting the applicable portion of Road A. (1) No conunercial through traffic shall be permitted. n. Road B (conceptual): this Urban Local Road extends frons the western roundabout of Main Street (conceptual) to the eastern roundabout of Main Street (conceptual). Curb. nutter. and sidtwalk shall Heil Comments July 17, 2012 F-3 Exhibit C be provided along one side of the road. within a 50' (.min.) RO.W. as generally depicted on the conceptual illastrati-i n attached as a part of this lrxhihi( F, (page F-11 Option A, page F•12 Option B, or page F-15 Option A), an may. at the opt IOil of the Applicitrtt. lac constntctcd and installed in phases contemporaneously with the phased development abutting tltc applicable portion of Road B. (1) No commercial through traffic shall be peamtitted. (?) At the -option of the applicant this may be designated as a one-way street. a_ Roars C (conceptual): this Urban Local Cul-de-sac Road extends north from the eastern roundabout of Main Street (conceptual) to the cul-de-sac. Cub. gutter_ and sidewalk shall be provided along bath sides of the road. within a 50' (ruin.) R.O.W. as generally depicted oil the eonceptrttal illustration attached as a part of this Exhibit F (page F-10 Option A. or page F-11 Option B). and may. at the option of the Applicant. be constructed and installed un phases contemporaneously with the phased development abutting the applicable portion of Road C. P- Road D (courepma0: this Rural Local Cul-de-sac Road extends cast from East Bearer Creek Blvd. (conceptual) to the ctrl -de -sac. Hard shoulders. shall be provided. ivithin a 50' (ruin.) R.O.W- as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-16 Option A. or page F-17 Option B), and may. at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road D. q. Road E (canceptual): this Rtural Local Cul-de-sac Road cmcuds north and east fronr the roundabout at Post Bl} d. (constmovd) and Swift Gulch Rd, (constructed) to the cul -dc -sac, Hard shoulders shall be provided. within a 50' (min.) R.CDAV, as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-16. Option A. page F-17 Option B. Of page F-18 Option Q. and may. at the option of the Applicant. be constructed and installed in phases contemporaneously ivith the phased development abutting the applicable portion of Road E. r. Spar- Roads ,F -N (conceptual). these Rtual Local Ctrl -de - sac Roads extend fioin Road E (conccpttral) to their cul -dc -sacs. Hard shoulders shall be providcd. within a 50' (nein) R.0,W. as gcncrally depicted on the conceptual illustration attached as a part of this Exhibit F. (page F-10. Option A). and may. at the option of the Applicant. be constructed and installed in phases contemporaneously with the phased development abutting the applicable portions of Roads F -N. Heil Comments July 17, 2012 F-4 Exhibit C S-. Roads located within Planning Areas 1, K, and RMF -1 (conceptual): Any additional roads not currently designated shall be Rural Local Roads with hard shoulders within a 50' (iniu.) R.O.W� as generally depicted on the conceptual Illustration attached as a part of this Exhibit F, (page F-16 Option A. page F-17 Option B. or page F- IS Option Q. (b) Modifications to Street Standards. (1) Minn'nuni Driving Surface: 22 feet a. Except. those lots within PA -K. cast of conceptual lot 84. which are limited to 20 feet per Exhibit D. Wildlife Mitigation Plan (ii) Minimum Shoulder: 2 feet each side, paved a. Shoulders shall not be required if curb and gutter are installed. Median areas shall not require a sidewalk and, if curb and gutter are installed. shall not require a shoulder. (iii) Design Speed: 30 MPH except as listed belong= a. Post Boulevard (constructed): 35 MPH b. East Beaver 'reek Boulevard (teniporar): 35 MPH C. Spur roads F — N (conceptual): 25MPH (iV) Maxiinum Grade: 6% except as listed below a. East Beaver Creek Blvd.: 8%- FTOiided that: (1) the grade is not maintained for a distance ill excess of 500 feet. and (2) no spur roads or di'l-Veways ivill have access points dui -ma the run of 8%, It is an acceptable approach to reduce the grade to 6% at the spur road or driveway access points and then increase the arade back to 8%, b. Swift Gulch Road (conceptual): 10%. provided that: (1) the grade is not maintained for a distance in excess of 800 feet, and (2) no spur roads or driveways grill have access points during the rail of 10%. It is an acceptable approach to red -Lice the grade to 8 L'2% at the sptw road or driveway access points and thenincrease the grade back to Heil Comments July 17, 2012 F-5 Exhibit C C. Spur Road F (conceptual): 10'o d. Road E (conceptual): 10%. provided that: (1) the .grade is not maintained for a contirnlouls distance in excess of 840 feet: and (?) no speer roads or driveways xvill havc access points during the run of 10%. It is an acceptable approach to reduce the grade to 8 1 2% at the spur road or driveway access points and then increase the trade back to 10%. (v) Minimum Curve Radius: IOC feet (Vi) Minimum Site Distance: 200 feet (c) Retaining walls. (i) Retaia: g walls over four feet in height or any wall supporting a vehicular load or structure sltall be stnicmrally designed and certified by a Colorado licensed professional engineer. (ii) Retaining walls supporting naturally accruing topography and other site development constraints. over four feet in height shall he designed with a series of retaining walls with landscaped terraced s eps� The width of the tcirace betwmi piny m -to fetor -foot vcmcal walls sltall be at least four feet. Retaininz walls hiplier than four feet shall be separated front any other 1-eta1n111# wall by a min111111n1 of fire feet horizontally. Terraces created between the retaituing Nvalls shall be permanently landscaped. (iii) Retaining walls supporting a vehicular load or stricture shall not exceed 29 feet in height for each wall unless approved by the Tos,,-n Planning and Zoning Commission. provided that retaining walls occurring along Road E (conceptual) between SP 241.00 and SP 26,0.00 shall have no height restrictions as specified in the conceptual illustrations. (d) Dedication to Town. All streets installed and constructedn accordance tvlth the street design and intprovemeat standards contaiated within Sections 7.28 and 7.3_' of the Development Code. as modified by this Exhibit F. shall be eligible fur dedication to the Town for ownership and Maintenance. Heil Comments July 17, 2012 F-6 Itfi7IIi7LVAWlkMMIA The V111age Cat Avant) Heil Comments July 17, 2012 F-7 Exhibit C 15'_0„ D ERAW 80' R.0_W. 6'-0" 8'-0" 11'-0" 11'-0" 81-0" 6'-0" MINIMUM PARKING LANE MINIMUM MINIMUM PARKING LANE 1vUdi M LANDSCAPE R"D- 0 Od TRAVEL LANE, lIR,AYEL LANE fl•O" 0 Od SCAPE AREA •-EA. Main Street (central segment) Option A , On 5treet Fark,nc3 L9cal Urban K(?cid Heil Comments July 17, 2012 F-8 15'-0" MAXIMUM N DEWALK LLI z C) J Z C) L) J_ < M I W U3 Exhibit C w z 0 1 Z v 0 C-] -i < E C Cil W U) b —+ 8'-0" M AXI MuP.1 "?€MALT PARKING LANE 8V O 6d 80` R. _W. MINIMUM MIN1MU4 MINIMUM TRAVEL LANE La ._• ;;AME TRAVEL LANE RF E6. Mala Street (central secjment) Option E3 - boulevard L(?col Urban K(?ad Heil Comments July 17, 2012 F-9 PARKING LANE MAXIMUM SV' O Dd SIDEWALK w z � J C� t _J < M M t— LIJ U) Exhibit C VARIES 0„ SIDEWALK 80' R.O.W. 11'-0" 2'—{}" 6'--0„ 2'-0" 1 i' (i'= VARIES VARIES 10 10MINIMUM MINIMUMMINIMUM PARKIN' LANE SVEWALK -IRAVEL LANE LA NDSCAPE TRAVEL LANE $Y9" 0 'Jd +AREA 19'9' 8 4Sd iWO" 0 9Gd Main Street (central segment) Option C -Cin Street Angled ParklnL3 Laccl Urban Kgcjd Heil Comments July 17, 2012 F-10 Exhibit C Exhibit C U z CD 7 J_ Main Street (eve cern Segment) Option A - No on street peaking Lgcol Urban K(?ad Heil Comments July 17, 2012 F-11 w z Z Y nu J < DM M w Main Street (wc5tern 5cernont) KOad 5 A, 5, * C Option 15 - On Street Parking L(?cc,1 Ur on K(?od Heil Comments July 17, 2012 F-12 w C J _Z Y 0 U J < M CC] � W Exhibit C Exhibit C VARIE SNOW STORACE AI DRAINAGE 5"' R.0.W. fir'-€ - 2'- " a AF T 1' -o', MINIMO NININ�M MINIMUM SIDEWALK LANDSCAPE 21"W SNOW TRAVEL LANE A?EA. SIrE'A'All{ STORAGE AND 5"' R.0.W. Main Street (castern secjMCnt) Option A - 5clewak5 bath 5i6e5 Heil Comments July 17, 2012 F-13 MINIMUM MINIviv 21"W SNOW 'IRA'tiEL LANE LANDSCAPE SIrE'A'All{ STORAGE AND AREA DRAINAGE ` Main Street (castern secjMCnt) Option A - 5clewak5 bath 5i6e5 Heil Comments July 17, 2012 F-13 Exhibit C 50' R.0.W. VARIES 2,_0 r 11,_0 11'-0" STGS'T WINIMUY MIMIML A XlID TRAVEL LANE 'TRAVEL LANE DRAINAGE 2'— 0,. 6'-0" 4,-0t, MINIMUM MINIMUM LANDS1 SK)EWALK AREA VARIES SNOW S709AGE AND [DRAINAGE Ilam 5trect (eastern 5cL3ment) Option D - 50ewalks one 5Gd 5 only where, K.O.W. 15 acijacent to Kail Kcaa K.O.W. Lgca9 Urban Riad Heil Comments July 17, 2012 F-14 Exhibit C VARIES 2,—,0" SNOW iAINIIAUkA SI RA6fiE AND 51�14�L1f DRANVACE 11'-T MINIMUM TRAVEL LANE 54" R.0. W. MIKIM.lu CENTER TURN LANE 2'-0" VAI IE`h T:kaEL LANE SIG�ikALk STORAGE AND DRAINACE Main Street (ea5terrlp-c3mcrl't) Option C s Center turn lane may be required tD accommo6ate turn lanes at intersections Lgcol Urban Riad Heil Comments July 17, 2012 F-15 Exhibit C 500 R.0,W. 2'- 0 " 6, - C) 4-e-()'' r:- Q VARIES0 VARILS SNOW M"MUM MINIMUM MINIMUM ow STORAGE ANO 70 TRAVEL LA NE TR I I L AV)SCA'T I SIDEWALK] STORSA"CE &NJ DRAINACE - Fm� DRAINACE MMEMC Roo cl B Option A - One way option Lgcol Urbon Rgod Heil Comments July 17, 2012 F-16 Exhibit C 8' MIN. SNOW STORAGE AND DRAINAGE 50' R,10.w, Ir K WINIML SFFDULCER SHOULDEMR MINIMUM MINIMUM 7RA%EL LANE TRAVEL LAKE 8' MIN. SNOW `;TORAGE AHTS DRAINAGE O tion A - typical Lgcol Rural Reid Heil Comments July 17, 2012 F-17 8' MIN. SNOW STORAGE AND DRAINAGE MINIMUM SHOULDER 0" 1 MINIMUM TRAVEL LADE 50' R.O.W. 30'-0" 1 1 r_ Vor MINIMUM TRAVEL LANE 6'-0" do8' VIN. BIDE LANE SNOW ';TORAGE AND DRAINAGE Option B -+with bike lane by Other5 LQcaI Rural Road Heil Comments July 17, 2012 F-18 Exhibit C Exhibit C 50' R,O,' 34'-00' ` MINIMUM MINIMUM ' SHOULDER SHOULDER p� -c" 10,-o'. 10--�}ri 1o'—o« 2'-C" f IN- SNC'A MINIMUM .ENTER TURN MINIMUM SNOW STORAGE AND I 'TRAVEL LANE I LINE I TRAVEL LANE STORAGE AND DRAINACE DRAINAGE Option C - center tura lane MOTE: Center turn Inti may be required to accommodate tura lar+e5 at inter5CCtIOn5 L + nI ur a1 9nd Heil Comments July 17, 2012 F-19 R.O.W. Varies with area of disturbance 1 1F 2'- 13 8'-10, —0 91KE LANE GRAVEL Sn,,.LCER SHOULDER REATINNNING WALLS MAY RE REQUIRED ABOVE OR PELDW TRAIL TO MAKTAIN SUITABLE GRADE 3:1 Option A - JetaGhed multi-u5c trod by Othci-5 Mulfl-purpl?Troll Heil Comments July 17, 2012 F-20 Exhibit C Exhibit C VARIES SNOW STORAGE AND DR A INAGE R.O.W. Varies with area on disturbance M IMMU M SHOULDER MINIMUM 7RAYEL LANE 26`-0" 11'—C" WINIMUa+ TRAVEL LANE MINIMUM SHOULDER " 01 VARIES SNOW SI RAGE AND DRAINAGE 'VARI MULn—USE 'MAIL Option B - atta hPCl Tlultl-use trail by Others Multi-purp9se Trail Heil Comments July 17, 2012 F-21 Exhibit C EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD during the term of the Vested Property Right62 Development Code Provisions: (a) § 7.16.020(b)(5) Multiple Applieations (b)La)__§ 7.16.060(i) Lapse of a Final PUD (-O��§§ 7.16.0600)(1)(ii) & (iii) Revocation of a Final PUD (e)Lc,L§ 7.16.090 Design Review (Wd) § 7.16.100 Special Review Use WLJ_§ 7.16.140(b)(2) Vested Property Rights Created (with fespeet to affiendments to any Sites-Spee-i€e Deve-loprnent-� (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." (h) D § 7.16.140(g) Forfeiture of Vested Property Rights 63 (4)(gh § 7.20. 100 Employee Housing Mitigation ' , Temper-afy Uses and Stfuetidr-es, as modified by this PUD GSelect sections of Chapter 7.24, specificall listed as: §7.24.010, §7.24.020, §7.24.030(c),§7.24.040, §7.24.050 (k)(?L§§ 7.28.020(b)(4) & (5) Applicability and Location: Location and Ownership64 (4)LO _§ 7.28.020(e) Off -Street Parking (m)tk)_§ 7.28.020(g) Computation of Parking and Loading Requirements 62 The restriction on Town's ability to apply municipal ends when the term of the Vested Property Rights expire. 63 I don't know if Town will support expressly excluding forfeiture as a remedy. If meaningful, practical and enforceable remedies are defined for performance of other specific obligations and the remedy of disconnection is limited to only the statutory provisions for failure to provide municipal services, then I may be able to support expressly excluding forfeiture of vested property rights as remedy. 64 Staff can support this Development Code exemption and generally delegating discretion over parking structures to VAA provided that the Priority Capital Project list is binding and Town is not at risk to support additional parking structures with Town tax credits unless the Town agrees. Heil Comments July 17, 2012 G-1 Exhibit C {n)ol —§ 7.28.020(h) Off -Site Parking to;1:�;0�65 n L ,1 , ae 4 -.66 {q)LnL§ 7.28.050 Landscaping (r -)(o) § 7.28.060 Screening 67 (-s)tp)_§ 7.28.070 Retaining Walls68 (t)Ccj�—§ 7.28.080-(b)(2) Fences69 (u)Lrl_§ 7.28.090 Design Standards except that sub -section (c)(5) will gpply.71 (v)Ls,L§§ 7.28.100(a)(3)(}�,-71(v) and; (x), (xiii)(D) .e. Natural Resource Protection 72 §§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and Specifications (x)LuL§ 7.32.030(1) Engineering Improvement Standards: Streets; Grades, Curves, and Sight Distances (-y) vL§ 7.32.030(m) Engineering Improvement Standards: Streets; Cul-de-sacs WLwL§ 7.32.040(c) Paved Trail Design: Minimum Width 65 There is no apparent need to exempt a potential tool, this section is not a mandate. 66 VAA does not have comparable standards or guidelines for connectivity. These are important guidelines for subdivision review. 67 Exhibit E as proposed does not address screening (other than to say "service areas are to be properly screened"). I can't find any language regarding screening in the latest version of the Design Guidelines. 68 The proposed retaining wall standards in Exhibit F do not contain any design standards regarding materials. The minimum Design Review Guidelines in Exhibit E do not contain any design standards for retaining walls. Staff cannot support the absence of any material design standards for retaining walls. Section 2.4 of the current Design Guidelines has design standard language for retaining walls. Exhibit E should be updated and reconciled with Exhibit F regarding retaining walls so that Town staff can support exempting ADC 7.28.070. 69 Exhibit E — Minimum Design Guideline Standards does not address fencing material or design. Staff can support exempting fencing standards if the Minimum Design Guideline Standards adopts something similar to §7.28.080. I believe the latest version of the Design Guideline Standards addresses fencing. 70 As an alternative, Town staff would support including design standards for Weather Protection for Pedestrian Areas into the PUD Guide and/or Minimum Design Guideline Standards. Section 3.3 of the existing Design Guidelines has some general concept language, but it is not as definitive as ADC 7.28.060 and it is not in the Exhibit E Minimum Design Guidelines which the Town can enforce. 71 Allowing development on slopes of 40% or greater is not consistent with intent and language of existing PUD Guide. 72 We had early discussed considering alternative standards if the Town's standards were not practical. I could not find an alternative standard in Exhibit F or elsewhere. Heil Comments July 17, 2012 G-2 Exhibit C {*Lx)§ 7.32.040(e) Paved Trail Design: Grades (-bb_} yj§ 7.32.080 School Site Dedication (Pursuant to Section of the Development Agreement, Section 7.32.080 of the Development Code with respect to school site dedications) (ec-)Lzh§ 7.32.090 Park Land Dedication (d4) as § 7.40 1041 Regulations73 2. Other Municipal Code Provisions: (a) 74 (b) § 8.32 Wildlife Protection (c) § 15.28 Sign Code 75 (e) impaet fees enaeted of adopted aftef the Effeetive Date, the impaets of Thee Village (at Avon) being adeqtta4ely fflifigated > > payment of the inVaet fees set forth in Section of the Development A g „+ 76 (f) dL_Pursuant to Section J.15 of this PUD Guide, any affordable housing, attainable housing and/or employee workforce housing provisions of the Municipal Code. 3. Any other- provision of the Munieipal Code expressly superseded in whole or- in paFt • 77 73 We have not given attention to 1041 Regulations, but Traer Creek should again consider the benefit of at least allowing the application of 1041 purposes for electrical transmission lines. 74 This topic is properly addressed in the Annexation Agreement. 75 Staff cannot support exempting the Outdoor Lighting Standards. 76 Existing Annexation Agreement restricts Town only from adopting impact fees for areas which have been addressed (i.e. fire, parks, school). 77 The interpretation Exhibit G as relates to the PUD Guide and Municipal Code is addressed in A.5.(b). Heil Comments July 17, 2012 G-3 Exhibit C EXHIBIT H Referenced Development Code Sections Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 7 16-1 indicates the specific review and approval procedures of tins Chapter, with Section references. Table 7.16-L Development Ret-iew Proeedtu es and Reaves+ Authority Fhww6ra Director PZC rc Ccrmprebeasive Plan Amendment (§7.16-030) R H -R H -D Code Text +tm.adment (§7.1Fr.040) R F1 -R H -D Rezoning (§7.16,050) R H -R x -D Plumed U[ut Development (§7.16.064) Achianistrative PGS D A Preliminary PUD R H -R H -D Fatal PUD R 11H -R H -D Ad==stzamv Subdrnsoau (y".16.074) D A Kum 5ubdivisian (§'+.16.070) R H -D 14Snjor Subdwisian (§7.16.074) Prelimi8azy Plan R H -R H -I t Envoi Plan R H -D Anneu. ttoa §736) R H -R H -D Miner Development Plan (§ 7.16.080) D A Major DL-velopmeut Plan (§7.16.080) R H -D A Major Dei-elopment Pian in Tov.m Care (§7.16.080) R H -R H -D Design Review (§7 16 090) R 1-1-D A Special Rniew Use (§-.16.100) R 1-1-D A Vw ance (§7.16.110) R H -D ?i Alternative Equi-Lalent Compliance (87.16.1210) R H -D or H -R A or H -D Right-of-way Vacat ort (§7.16.130 R H -D Vested Property l W.W (§7-16.040) R H -R H -D LocativzL Character and Extent (§7.16.150) R H -D A Appeal (§ 7.16.160) H -D R - ReAlew Reconmteudations H Public Heating D - Decisioln A= Appeal 7.16.020 General procedures and requirements. The followviug procedures shai1 apply to all develcpaimt applications which are reviewed under this Chapter 7.16. (a) Step 1: Pre -application Conference. A pre -application conference is required for all development .applications unless waived by the Director- The pre -application conference serves to assist the applicant with (1) ldeutifymg information wluch must be provided for a complete development application, (2) understanding the development application review process, (3) identifying appropriate referral agencies for review and comment, (4) achieving compliance with development standards, understanding relevant planning issues and (5) deterniming appropriate fees- The Director may include other Tovv'11 representatives in the pre -application conference as deemed appropriate. The applicant shall provide sufficient information Heil Comments July 17, 2012 H-1 Exhibit C to the Director at least five (5) business days prior to a scheduled pre -application conference. Curless such tine frame is waived by the Director. M nunum futformation shall include applicant inforinat,on, property description, description of the proposed development or nature of the development application and conceptual site plans or drawings which illustrate the nature of the development application- The Director may determine that the information provided is insufficient and request additional information. if the applicant fails to provide sufficient mfonnation for a pre -application meeting and seeks to proceed with the application process, the Director may notify the PZC and Council of the lack of adequate information submitted at the pre -application conference. The Director may provide a written letter after the pre - application conference suminaaiizing application sub utial requirements, review procedures, development standards, planning issues and required fees_ The infornnil evaluation of the Director and staff provided at the pre -application conference are not binding upon the applicant or the Town_ Critical issues relevant to a development application may not be apparent at the pre -application conference and pray require additional review, submissions or studies later ua the application process. (b) Step 2: Application Submittal. (1) Applicant_ The owner of real property or authorized representative of the owner with a properly acknowledged power of attorney, may submit a de%elopu ent application. No development application shall be received for processing or approved and no application for a building pennit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town. (2) Application Submittal Requirements_ The applicant shall submit the application to the Director_ Application submittal requirements for every application type shall be established by the Director on subnurtal faints available in the Adnumstrative Manual from the Department of C'onummity Development or on the ToA�Ws website. The Director may adopt standards and requ renments for three- dimensional electronic and graphic information for application submittal requirements. The Director may waive submission requirements where appropriate to specific applications; however, the warver of any sulinussion requirement shall not preclude the Plaiuung and Zoning Commission or Town Council from requiring such information where deemed necessaiy for evaluation of the development application with the applicable review criteria. The munn1ttiu submittal requirements for all applications shall include: (i) Completed application form; (ii) Ch,6ner's signature or an acknowledged power of attorney if the owner has authorized an. agent or representative to act as the applicant; (iii) Title insurance comm tnient wluclz has been updated wall n sixty (CQ) days of the application submittal along with copies of all documents listed in the exceptions; (iv) Legal description of the property subject to the development application: (v) Development application review fees; and (vi) 5tuvey no inore than three (3) years old stamped by a surveyor licensed in the State of Colorado. Heil Comments July 17, 2012 H-2 Exhibit C (3) Required Studies and Reports. Reports or studies xnay be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not linuted to- studies of soils; geological hazards, fiscal impacts, market analysis, traffic impacts anWor environmental imparts. The applMmt shall fttrrrish the reports or studies needed at the applicant's scale expense. The Town may require independent peer re kew of any report or study provided by the applicant. Tlie applicant and the Town altay agree to retain a rnuhially acceptable consultant to prepare a report or study, wluch cost shall be paid by the applicant- All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports- The form and content of reports or studies may be established by the Director and set forth in the Administrative Manual - (4) Concurrent Review Permitted- 'Where multiple development applications concern the same PrvP '• then the Director may permit concurrent review of the development applications for efficiency and practicality. (5) Multiple Applications. A Burgle prop"- shall not be pernutted to have more thin one (1) application of the sante type being processed concurrently. (6) Fees- Fees shall be paid in accordance with Section 7-04-100 Fees - (c) Step I Application Processing - (1) Determination of Completeness. A development application shall be reviewed for completeness by the Director within ten (10) business days after receipt. If the application is detertrrined to not be complete, then a written cornmurkation shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to deteramie an application is incomplete within ten (10) days shall not preclude the Tovm from requiring information which is necessary and relevant to evaluate the development application for couWliance with the review criteria. A determimtion by the Director that the application is incomplete may be appealed to the To- w-rr Council in accordance with the procedures in Section 7-16.160, Appeal - (2) Deferral to Other Agencies. Development applications may be referred to other agencies for review and. comment. The Director shall attempt to identify, appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The Planning and Zoning Commission and Town Council may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development apphcation for compliance with the review criteria. Referral of development applications to Cather agencies shall provide a mmi linutu timeframe for review and comment of fourteen (14) days for development plans, design review; - riances, amendments to text of the Development Code and minor subdivisions: and twenty-one (21) days for preliminary subdivision, planned unit development_ planned unit development amendments, re -zoning and 1041 permits: however,. the timeframe for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified. Referral agencies may include, but are not limited to: (i) Any utility, local improvement or spice district or ditch company, when applicable; Heil Comments July 17, 2012 H-3 Exhibit C (ii) The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient pmxinuty to affect a right-of-way, interchange or other facility; (iii) The Colorado Geolatical Survey for findings and recommendations Pertaining to geologic factors, including geologic hazards, mineralized areas and sand and gravel areas that would have a significant impact on the proposed use of the land; (iv) Any other agency concerned with a matter or area of local interest that could be affected by the application; (3) Staff Review and Report. The Director shall review the application in accordance with the criteria established in this Chapter and shall prepare ikritten findings of fact If authorized as the decision-making authority, the Director shall inform the applicant in writing of the findings and determination- If not authorized as the der sion-makuyg auflw ty, the Director shall prepare a recommendation and subnut the recommendation and fu dmas to the appropriate review and decision- making authority. (4) Rewired Processuig. Applicants shall be required to contirtuously and diligently pursue their development applications, which shall include responding in a timely manner to staff comments and requests. An applicant which fails to respond to staff comments or requests for a period of four (4) months shall be administratively withdrawn by the Director unless the Director determines that goad cause exists to extend the application timeframe and approves such extension in writing - (d) Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning and Zoning Comimssion and Toi«t Council - (1) Published and Posted Notice. Notice shall be published in a newspaper of general circulation within the Town and posted in the designated official places of posting by the Town at least eleven (11) days prior to the hearing date_ (2) Mailed Notice. For procedures that regttire wiled notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (304) feet that requires notification is a condominium project; notice may be mailed to the nianaging agent, registered agent or any member of the board of director$ of the project. Mailed notice shall be postmarked at least eleven (11) clays prier to the meeting- Mailed notice shall be sent by the Town at the applicant's expense. The Eagle Coling,• Assessor's records may be used to deteriume the addresses of real property owners. The Tomi shall include a certificate of mailing in the public record. Mailed notice shall be required for zoning an,eudnreuts, subdivision, planned unit development and variance applications. (3) Notice Content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available m the Director's office during regular business hours for review or inspection by the public and a statement that wntten continents may be submitted to the Community Development Department- All required notices shall be approved by the Director prior to posting or distributmg- Heil Comments July 17, 2012 H-4 Exhibit C (4) Constructive Notice- Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable -notice requirements- Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede cOM11111111cation of the notice to affected parties. Ln all cases, however, the requirements for the timing of the notice and for specifying the time, late and place of a hearing shall be strictly construed- Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective not -ice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the Town document the publication, mailing and posting of not -ices as required by this Section, it shall be presumed that notice was given as required by this Section- If the reviewing or decision-making body takes act -ion to continue a hearing to a future specified (late, tinie and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be requited_ (e)Step 5: Public Hearings- The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, Town staff has completed Town staff review and referral agencies have had an opportunity to provide comments- The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the. PZC or Town Council is ft:dl- A complete application shall be scheduled for an initial public hearing, within seventy-five (75) days after the date that the application is determined to be conTlete unless the applicant consents to scheduling the public hearing on a later date- The PZC or Council may continue a public hearing on its own initiative for a maxinitim of thirty-five (35) days after the date of the initial public hearing without the consent of the applicant- The PZC or Council may continue a public hearing for a maximuni of ninety-five (95) lays with the consent of the applicant_ (f)Step 6: Review and Decision. The following niles shall apply to review, recommendations and decisions conducted at public hearings: (1) Review Criteria- The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing- The reviewing authority shall review development applications for compliance With all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to deternuine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan-, and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application_ HeilComments July 17, 2012 H-5 Exhibit C (2) Authority to Require Additional Studies- If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary- In doing so, the reviewing authority shall indicate the specific consequence(s) or concern(s) for which the standard submittal requirements fail to provide adequate means of evaluation and the data or information needed for proper evaluation_ The results of any study or analysis shall not dictate either approval or disapproval of the proposed project - (3) Findings- The reviewing authority shall adopt written findings which dociu-nent that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria- The written findings shall state the conditions or mitigation_ (4)Conditions. The reviewing authority may recommend approval or may approve a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat or permit- Conditions may include specific time limits for performance of any condition- Conditions may -include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety or welfare or where deemed necessary to protect adjacent property or public infrastructure- Financial performance guarantees shall be in the form of in agreement which is acceptable to the Town and shall be executed by the applicant. (5) Final Decision- A decision by the Director or the PZC shall become final unless a written appeal is timely submitted to be Town in accordance with Section 7.16.160, Appeal. The date of the decision shall be the date that the reviewing authority Tenders a decision- The Town shall mail the written findings and notification of decision to the applicant within five (5) working days of the decision of the reviewing authority- The Town Council reserves the authority to render a final decision on all decisions rendered under this Development Code, and only a decision of the Town Council may be subject to legal challenge- The failure to timely submit a written appeal of a decision of the Director or the PZC shall be deemed to be a waiver of any right to legally challenge such decision. (g)Minor Amendment- The applicant may apply to the Director for minor amendments to an approved development application. Minor amendments to an approved development application may be approved, approved with conditions or denied administratively by the Director- The Director is authorized to approve minor amendments only if the development approval, as so amended, complies with the standards of the Development Code. The Directoray refer a minor amendment to the decision-making body that was responsible for the original approval if the Director determines that the amendment may result in a material change to the approved development application- Proposed amendments to an approved development application which are determined by the Director to not be a minor amendment shall be reviewed and processed in the same manner as would be required under this Development Code for the original application for which the amendment is sought and shall -include Rill application fees- Minor amendments shall consist of any of the following: (1) Any change to any permit or other form of approval that was originally subject only to administrative review and was approved by the Director, provided that such change would not have disqualified the original application from administrative review under this Development Code had it been requested at that time,- and provided that the 111111or amendment does not result in an -increase of Heil Comments July 17, 2012 H-6 Exhibit C more than ten percent (10%) in the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project. (2) Correction of any errors caused by mistakes that do not nuiterially alter the substance of the development plan or plat as represented to the Council_ (3)A change to an approved design which results in a ten -percent or less -increase to lot, coverage-, ten percent (10%) or less increase to building height-, adjustments to building footprints, access and parking configurations which are less than ten (10) feet; - alterations to the landscaping plan or drainage pMg plan which substantially comply with the original approval-, and changes to doors, windows, roofs or building articulation which are less than two (2) feet and which do not alter or diminish the overall design character as approved- as are all determined by the, Director - (4) Changes to an approved development application which do not result in (i) An increase in the approved number of dwelling units-, (ii) An increase in the amount of sqiLue footage of a nonresidential land use or structure-, (iii) A change in the housing mix or use nux ratio" or, (iv) A change in the character of the development_ (h)Termination of Approval- All development approvals shall expire and become void two (2) years after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval or a request for extension is approved by the revie%,mg authority which granted the original development approval- The owner shall submit a written request for an extension to the Director prior to the expiration date and shall state the reasons and circumstances for such extension request- The Director and the PZC may provide one (1) extension for a maximum of one (1) year. Town Council may provide multiple extensions and may provide extensions greater than one year. (Ord. 11-04 §41 Ord. 10-14 §3) 7.16.030 Comprehensive Plan amendment. This Section sets forth procedures for reviewing proposed amendments to the texts and maps of the Avon Comprehensive Plan- The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy and to advance the general welfare of the Town. (a) Review Procedures. Applications to amend the Avon Comprehensive Plan shall follow- the general review procedures set forth in Section 7-16-020, General Procedures and Requn'eluents. Applications to amend the Comprehensive Plan may be initiated by the Town Council, any registered voter of the Town or all property owner in the Toren_ (b) Review Authority- The PzC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the fitial decision on an application to amend the Avon Heil Comments July 17, 2012 H-7 Exhibit C (9) That: compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; (10) For rezoning within an existing PUD, consistency with the relevant PLTD Master Plan as reflected in the approval of the applicable PUD; and (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. (d) Mitigation. Zoning amendnnent applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include but are not limited to_ transportation water, sewer, schools emergency services, police, parks and recreation, medical and library_ Adequate mitigation may include providing dedications of land or cash -in -lieu for the proportionate share of capital -investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. (Ord_ 10-14 §3) 7.16.060 Planned Unit Development (PUD)® (a) Purpose. This Section is intended to allow flexible development patterns that are not specifically provided for is this Development Cade. It is the purpose of this Section_ (1) To promote and peraut flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plains, regulations and policies of the Town; (2) To promote development within the Town that can be conveniently, efficiently and economically seared by existing local utilities and services or by their logical extension; (3) To promote design flexibihtyr including placement of buildings, use of open space, pedestrian and velucular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on-site characteristics such as, topography, geology, geography, size and proximity; (4) To provide for the preservation of historic or natural features where they are shoAm to be in the public interest, including but not hnuted to such features as: drainage ways, flood plains, existing topography or rack outcroppings, unique areas of vegetation, historic landmarks or structures; (5) To provide for compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimimug pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space; (7) To minim e adverse environmental iuypacts of development; (8) To iimprove the design, quality arld character of new development and Heil Comments July 17, 2012 H-8 Exhibit C (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. (b) Eligibility Criteria. All of the following,- criteria must be met for a property to be eligible to apply for PUD approval. (1) Property Eligible- All properties withui the Toivn are eligible to apple for PUD approval - (2) Consistency with Comprehensive Plan- The proposed development shall be consistent with the Avon Comprehensive Plan_ (3) Consistent with PUD Intent- The proposed development shall be consistent Nvith the intent and spirit of the PUD purpose statement in Subsection 7-16.060(a)- (4) Compatibility With Emstmg Uses. The proposed development shall not uupede the continued use or development of surrounding properties for uses that are pernutted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. ,A. recognizable and material benefit will be realized by both the fiitiue residents and the Town as a whole through the establishment of a PUD, where such benefit would other -wise be infeasible or unlikely - (6) Preservation of Site Features- Long-term conservation of natural, historical_ architectural or other significant features or opera space will be aclueved, where such features would othenvise be destroyed or degraded by development as pernutted by the underlying zoning district_ (7) Sufficient Land Area for Proposed Uses- Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately sme the deeds of all pernutted uses in the PUD projects and to ensure compatibility between ekes and the sturotuiding neig)1borhood. (c) Dimensional and Development Standards. The following dimensional and development standards shall apply to all PLDs. (1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone district. If there is no underlying zone district, one shall be established prior to or concurrently with a PUD approval- The rezoning; pro -cess set forth in Section 7-16-050 shall be used to establish the underlying zone district - (2) Permitted Uses- PUD rises shall be limited to those allowed either as pemutted, accessory or special review uses in the underlying zone district - (3) Development Standards- Chapter 7.28 Development Standards, shall apply to PUD projects - (d) General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD; and 2) the final PUD. The final PUD can only be filed with the Town for review and processing after the preliminary PUD has been approved or conditionally approved by the Town Council. The filing of a PUD in the office of Community Development shall not constitute the effective dedication of easements, rights-of-way or access control, nor shall the filed PLD plan be the neither the equivalent of nor substitute for the final platting of land. Specific procedures for preluxunary PUD and final PUD are outlined below. Heil Comments July 17, 2012 H-9 Exhibit C (1) Coordination with Subdivision Review- It is the intent of this Development Code that subdi%ision review required under Section 7.16.070, Subdivisions, if applicable, be carried out concurrently with the review of PUD development plans under this Section_ If subdivision approval is required for the subject propefty, the PUD plans required under this Section shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals_ If any provisions of this Section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met, unless specifically altered by the To -%m Council_ (e) Procedures for Preliminary Planned Unit Development_ The general procedures set forth in Section 7.16.020 shall .apply to preliminary PUD applications. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary PUD plan incorporating the application requirements of both the PUD and subdivision prelmunary plans. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Section shall apply to the application_ (1) PUD Master Plan and Guide Required. The application for PUD rezoning shall include a preliminary PUD plan_ The Director shall regrure sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to snake informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include„ at a MIUMUM: (i) A quantitative summary of existing conditions on the subject property; (ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a special review use permit .and a list of temporary uses; (iii) Parking analysis based on proposed uses; (iv) Density of uses proposed; (v) Location of public and private open space= (vi) Location of existing and proposed buildings on the site;. (vii) Road- street and pedesi an networks proposed:, (viii) Drainage facilities: (ix) Existing or proposed utilities and public services (x) If development is to be phased, a description of the phase components and tuning; (xi) A statement that development on the site will meet applicable standards of the underlying zoning district and this Development Code or a statement specif}nng the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications; and (xu) A statement specifying the public benefits to be contained in or associated w7ith the PUD. Heil Comments July 17, 2012 H-10 Exhibit C (2) Notice- Where subdivision approval will be required to Implement development in a proposed PUD, the public hearing notice reqturenients for prehminary subdivision plan approval shall be combined and shall run concurrently with the PUD public notice and hearing requirements - (3) Reviewing Authority- The PZC shall review, a preliminary PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing- The Tovm Council shall review and render a final decision on a prelimmary PUD application after conducting a public hearing - Unless otherwise approved by the Town Council, approval of a preliLmmary PUD application shall vest no rights to the applicant other than the right to submit a final PUD development plan_ (4)Review Criteria- The PZC and Town Council shall consider the fiolloih-m-g criteria as the basis for a recommendation or decision to rezone a property to PUD overlay and approve a preliminary PUD plan: (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 iniprovements 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 Subsection 7-16-060(b)l- (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 PLTD 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 substantiallyn-litigated; (vi) Compared to the underlying Zoning, the PUD rezoning is not likely to result in significant adverseacts upon other property in the vicinity of the subject tract; and imp I (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. (5) Submission Deadline for Final PUD Master Plan- Within six (6) months following approval of the preliminary PUD plan, the applicant shall initiate the second stage of the application process by filing with the Director a final PUD plan and subdivision plat if necessary, containing in final form all the information required in the preliminary PUD plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Development Code. Upon written request by the applicant prior to the application lapsing, the Planning and Zoning Heil Comments July 17, 2012 H-11 Exhibit C Coninussion, for good cause, may extend the period for filing the final PLO plan for a period not to exceed six (6) months. (f)Procedures for Final Planned Unit Development Approval- The general procedures set forth in Section 7.16.020, General Procedures and Requirements, shall apply to final Platined Unit Development applications subject to the follo-tTI'mg exceptions and additions= (1) Pre -Application Conference- A pre -application conference shall be required, unless aaived by the Director. (2) Contents of the Final PUD Master Plan. The final PUD master plan shall contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the Planning and Zoning Commission without an additional public hearing, as described in Subparagraph b. below- In addition to the materials required in the administration manual, the final. PUD master plan shall include the follovang: (i) Phasing Program- A document describing any proposed phasing program of the development for all structures, recreational and other common facilities and open space improvements, 'including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density, and a pro rata allocation of common open space shall be made as each phase is developed. (ii) ev eloped - (u) Common Open Space Agreement_ A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required. (iii)Plats for Recording. A copy of any subdivision plat, plat of dedication or plat of vacation that may be a necessary part of the PUD rezoning is required_ (iv)Covenant- A restrictive covenant in a form acceptable to the Town Attorney hunting development of construction upon the tract as a whole to such development and construction as shall comply vnth the final PUD development plan as approved by the Town Council, which document shall include a provision granting the Town a right to enforce the same_ (3) Permitted Minor Changes From a Preliminary PUD Master Plan. Minor changes in the location, siting and height of stnictures, streets, driveways and open spaces may be authorized by the PZC to be included M_ the final PUD master plan in accordance with the follow. -Big procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this Subsection may cause any of the following: (1) A change in the use or character of the development, (ii) Au increase by more than one percent (1 %) in the overall coverage of structures (iii) An increase in the density or intensity of use. (iv) An increase in the impacts on traffic circulation and public utilities, (v) A reduction of not more than one percent (1%) in approved common open space Heil Comments July 17, 2012 H-12 Exhibit C (4) Reviewing Authority- The PZC shall review all final PiTD applications and shall provide a recommendation to the To -%m Council after conducting a public hearing. The Town Council shall review and render a final decision on a final PUD application after conducting a public hearing - (5) Review Criteria. Tl1e PZC and the Town Council shall review the final PUD development plan and PUD rezonaig according to the sante approval criteria listed above for preliminary PUD development plans. (g) Recordation_ The applicant shall record the approved final PUD, as approved, in the office of the Eagle County Clerk and Recorder 'Within thirty (30) days after the date of approval_ If the final PUD is not recorded, the approval of the Town Council shall be deemed to have been withdrawn; and the approval shall be null and void.. (h) Amendments to a Final PUD_ The provisions of Subsection 7-16-02OW, Minor Amendment, are applicable to RiTDs- (i) Lapse. Unless otherwise provided by Town Council, development of an approved PUD shall continence within twelve (12) months from the approval of the final. PUD pian. If development has not commenced within twelve (12) months. the Director shall initiate a public hearing process for the purpose of considering whether to rezone the property- back to its prior zoning classification or, in light of other conditions, to another zoning classification and revocation of all permits issued and action taken - 0) Revocation of a Final PUD. A final PUD may be revoked pursuant to the procedures and criteria set forth in this Section - (1) Initiation of Revocation Proceedings. Revocation of a PUD may occur if. (i) The landoN;mer or a majority of the owners of property within the subject PUD, petition for revocation of such PUD plan in whole or to part; (ii) The project falls more than three (3) years behind the phasing plan or schedule filed with the final. PUD; (iii) Comtruction and°or application for building permits have not conianenced widwi one (1) year of approval of the final PUD by the Town Council, or (ivy) The construction and provision of landscaping, buffers, open space and public streets and facilities that are shown on the final development plan are proceeding at a substantially slower rate than other project components. (2) Public Notice Requirements. Prior to the Planning and Zoning Comrniss on meeting and the Toru. Council meeting, notice shall be given in accordance with the provisions of Subsection 7-16-02,0(d)- (3)6 Review ,Authorities. (i) Planning and Zoning Commission Public Hearing. The Planning and Zoning C-otnn-fission shall hold a public hearing and make a recommendation tc revoke the final PUD, keep the final PUD m force or postpone the apphcation. The Planning and Zoning Conunission shall not recommend Heil Comments July 17, 2012 H-13 Exhibit C revocation of the final PUD to the Town Council unless the Planning and Zoning Commission makes the findings required for revocation. The Pl4uuung and Zoning Coninussion may impose reasonable conditions on such rev, ocation in order to advance the health, safety, and welfare of the citizens, such as vacation of the underlying fmal plat. (u) Town Council Public Hearing. The Town Council shall hold a public hearing and determine whether to revoke, postpone or keep the final PUD in force- The Town Council shall not revoke the final PUD unless it inakes the findings required red for revocation. The TmAm Council may impose reasonable conditions on such revocation in order to ach.-ance the health, safety and welfare of the citizens, such as vacation of the underlying fmal plat. (4)Required Findings for Revocation- The Planning and Zoning Commission shall not reconuilend revocation and the Town Council shall not revoke any final PUD unless the folloi%inpr, findings are made: (1) Revocation proceedings were initiated pursuant to this Section; and (11) The property owners were notified no less than sixty (60) dayspri 'or to PlanningandZoning Conmussion action on the revocation; and (iii) Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town Council hearing on the rev, ocation pursuant to the provisions of Subsection 7-16-020(d), and (iv) The PUD Is not compatible with the surrounding area; or (v) There is not a need for the uses in the areaincluded within the PUD plan., or (vi) The PUDwillhave adverse impacts on future development of the area, or (vii) The traffic generated by the PUD plan u ill have adverse impacts on the neighborhood and the surrounding area, or (viii) The PUD will have adverse -impacts on conununity facilities in the neighborhood and on the surrounding area, 'including but not limited to schools, library., police and fire protection, recreation facilities, park lands and open space, or (ix) The PUD will have adverse impacts on municipal infrastructure in the area, including but not limited to water service, wastewater service,, storm water service, transporiation systems and street systems;. or (x) The PUD will not comply with the standards and specifications for design and construction of public improvements in force at the time of the public hearing, or (xi) The owner or applicant has not met all dates established in the PUD plan for the commencement of consti action of the PUD or for a phase of the PUD plan; or (xii) The revocation is in conformance with the provisions contained in applicable sections of this Code, consistency with the adopted Comprehensive Plan for the Town and applicable specific plans and relevant Town policies- (Ord. 10-14 §3) Heil Comments July 17, 2012 H-14 Exhibit C 7.16;070 Subdh isions. 3'lle purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code and encourage duality development consistent with the goals, policies and objectives in the Comprehensive Plan. v (a) .Applicability, The procedures of this Section and the standards in Chapter 7.32, Eneering 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, exrept 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 laud or airspace has been subdivided as one (1) type of subdivision and thereafter is subd tided so as to create a different type of subdivision (for example, conversion of a condonunittm subdivision to a tunesharing 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 fivit or any other security instr hent; (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 o,arnership 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 coinnron owned in joint tenancy shall be considered a single interest,- (6) nterest;(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 C ategones_ Categories of subdivisions are established and defined as follows for the purpose afdetennining 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 Subdivisions_ Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improverinents, 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_ Condommitun and titueshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions_ Heil Comments July 17, 2012 H-15 Exhibit C (3) Admmistrative Subdivisions_ Admunstrative subdivisions are subdivisions winch include dividing a parcel of land for a duplex, subdivisions for the purpose of connecting 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 nluuber of lots Tlxe 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 nntiltiple applications presents issues which warrant review and approval by the Town Council_ All admnnistrativ-e subdivisions are exempt from notice requirements outLuled 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 real property- The Director may combine preliminary plan and final plat review where the subdivision application can be reviewed eff`rcient4, and effectively with a combined process. Where subdivision approval will be required to implement development m a proposed PUD, the applicant shall We a single preliminary plan incorporating the application requirennents of both the PTSD and subdiv isaon 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 deternuued by the subdivision category_ (1) Major SubdRi -is ori 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 Tovvm Council after conducting a public hearing_ The Town Council shall render the final decision can a prelinunary plan for a major subdivision application after conducting a public hearing- The To -%m Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing, The prel nonan plan old final plat for major subdivisions shall be approved by resolution or ordinance of the Town C'orulcil. (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 ninon subdivision final plats in addition to the review criteria for a ficial plat. The Town Council shall render the final decision on a minor subdivision application after conducting a public hear -mg. Minor subdivisions shall be approved by resolution or ordinance of the Town Council. (3) Administrative Sub€1Mslons. Administrative subdivisions shall require final plat review and approval only; however, the review, criteria for a preliminary plan shall apply to review of adarunistrative subdivisions in addition to the review entena 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 7-1+x.160, Appeal_ (e) Preliminary Plan Re%gew Criteria. The reviewing authority will use the fallowing review criteria as the basis for recommendations and decisions on applications for preliminary, plan subdivision applications: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots„ blocks and streets- Applicants shall Heil Comments July 17, 2012 H-16 Exhibit C .not create lots or patterns of lots in the subdivision that will snake compliance with such developmeni. and design standards difficult or infeasible, (7) 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; (fi) 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 Plau_ (8) The utility ,lines are sized to serve the ultunate population of the senwe area to avoid ALtnlre Iswrld 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 area,- (10) rea;(10) A proposed subdivision for an existing PUT) 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 protide a "conditional capacity to serve" letter for the proposed subdivision - (12) That the general layout of lots, roads. driveways, uiblities, drainage facilities and other services within the proposed subdivision shall be designed in a way that nrininrizes the wuount of land disturbance, minimize inefficiencies in the development of services, nraa r zes the annolLunt of open space in the development, presenTs existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code, (13) Evidence that prevision his been m><ide for a public sewage disposal system or_ if other methods of seivage disposal are proposed, adeeluate evidence th��t such system shall �compl�� �w=itll state and local laws and regulations-, (14) Evidence that all areas of the proposed subdivision that may involve soil or topograpltrca1 conditions presenting hazards or re -qui iug special precautions have been identified by the apphcarnt and that the proposed use of these areas are compatible With such conditions or that adequate mitigation is proposed; (15) The subdivision application addresses the responsibility- for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Tarn can afford any proposed responsibilities to be assumed by the Town, Heil Comments July 17, 2012 H-17 Exhibit C (16) Lf applicable, the declarations and outaers' association are established in accordance with the law and are stnsctured to provide adequate assurance that any site design standards required by this Dmelopment 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 ui terns of available infrastritctuiv capacity and frtmncirlg. (f) Final Flat Review Criteria_ After approval of a preliminary plan. tale 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; (u) The lots and parcels have descriptions that both close and contain the area indicated and (m) 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 preluninary-° plan, (3) The final plat conforms to all preliminary plan criteria; (s4) 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 Towii, 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 compl-v -with Subsection 7.32.1GO(e)_ (h) revocation, An approval of a final plat zs revoked pursuant to this Section. (1) Recording. The applicant shall cause the final plat and restrictive covenants, if any. to be recorded within nicety (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 deettted to be void and such plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for recording the final plat. (2) Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed_ A plat or any portion thereof that has been Heil Comments July 17, 2012 H-18 Exhibit C finally approved by the Council and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdiN ision is not completed within the time set by the Council. (3) Extension. Extensions of the time limit for project completion may be obtained from the Council for goad cause showtl upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted. (Ord. 10-14 §3) 7.16.030 Development plan. The purpose of the development plan review process is to ensure compliance with the development and design standards and provisions of this Development Cade- It is designed to encourage quality development reflective of the goals. policies and objectives of the Comprehensive Plan. (a) Applicability, A development plan shall be required for all new development and any modification to an existing development or development plan - (b) Development Plan categories_ Categories of development plans are established and defined as follows for the propose of detaining the appropriate development plan review procedure (1) Major Development Plan Major development plans include all new building construction over six hundred (600) square feet; (2) Minor Development Plan- Minor development plans include the following: (i) All nein building constriction six hundred (600) sgxue feet or less; (ii) Modifications to Dumpster locations, (iii) Screen wall nu xhftcat ons; (iv) Landwape modifications, including but not limited to removal of existing vegetation and addition of new vegetation, (v) Deck modifications, inchuiing but not limited to additions, new construction and materials or color modifications; (vi) Mechanical equipment modifications-, (vii) Modifications to the exterior of an existing building, including but not luted to windows. doors, minor architectural details, colors and materials; and (viii) Other similar changes to a structure or property that do not significantly uupact the site layout or design of a building.. (c) Review Procedures. The general review procedures described in Section 7-16,020, General Procedures and Requrirements, shall apply to development plan applications. All development pilau applications shall also comply with the procedures listed in Section 7.16.090, Design Review. Specific additions and modifications to the general review procedures are identified below. Heil Comments July 17, 2012 H-19 Exhibit C 7.16.100 Special reiiew use. (a) Purpose. This Section provides a discretionary approval process for special :review uses tlat have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site developinew features and is intended to ensure that proposed use will not have a significant adverse impact on surroundmg uses or on the comm=ty at large_ Special review uses that may be allowed in each zone district are listed in Table 7.24-1, Allowed Uses. (b) Applicability_ A Special Re -hew• Use (SRL') permit is required for ani' use allowed by special review as outlined in Table 7.24-1, Allowed Uses. (c) Review Procedures. Applications for a special review use shall follow the general review procedures set forth in Section 716.020, General Procedures and Requirements_ Applications for special review use may be initiated by the owner of prop", for ivluch a special review use is desired. (d) Review Authority. The PZC shall review and render a decision on an application for a special review use after conducting a public hearing_ The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.164, Appeal.. (e) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a special review use; (1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; (2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards m the Development Code; (3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics. (4) Any significant adverse impacts (including but not lumted to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; (5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject propeMt , tvlide maintaining adequate levels of service for existing developtment; and (6) Adequate assurances of continuing maintenance have been provided. (f) Duration and Expiration_ Special review use approvals shall expire pursuant to this Section_ The PZC may approve a SRU permit in perpetuity, but may assign a shorter time as deemed necessary_ At least thirty (34) days prior to the expiration, the holder of the special reg7ew use approval may apply for a. review hearing before the PZC. The PZC shall review the use against the criteria in Subsection (e) above to determine whether the special review use will be allowed to continue. Heil Comments July 17, 2012 H-20 Exhibit C (1) Developments and uses granted by a special review use permit shall be developed or established in accordance with an approved development schedule or withal two (2) years of the date of approval if no development schedule is established, Failure to develop or establish such development or uses is accordance with the time period approved on the permit shall result in the expiration of the permit_ (2) IT an approved use ceases operation for any reason for a period of one (1) year, the special review use permit shall be deemed expired. If the conditions of a pernut become the responsibility of a person or entity other than the applicant;_ the Director shall be notified in writing_ identifying the new perste or entity responsible for maintaining the conditions of the approval permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the Tovim- (3) If conditions of approval are not maintained, it shall be considered a violation of this Code and subject to revocation proceedings. (Ord. 11-10 §` ,- Card. 10-14 §3) 7.16.110 Variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or wuzecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the iinmediate vicinity;. or from other physical limitations, street locations or traffic conditions in the irnrrlediate vicinity, Cost or imconvemence to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance_ It isnot the intent of this Section to allow variances in the classification of uses of property. (a) Review procedures_ Applications for a variance shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for variance may be initiated by the owner of property for which a variance is desired, (b) Review Authority_ The PZC shall review and vender a decision on an application for a variance after conducting a public hearing. The decision of the PZC iray be appealed to Town Council pursuant to section 7.16.160, Appeal. (c) Review Criteria. Tlie PZC shall use the following review criteria m the basin for a decision on all application for a variance: (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility acid uniforMity of treatment among sites in the vicinity= or to .attain the objectives of the Development Code without grant of special privilege; (2) The effect of the requested variance on light olid air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision making body deems applicable to the proposed variance. Heil Comments July 17, 2012 H-21 Exhibit C 7.16.140 Vested property right. The purpose of this Section is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended. (a) As used in this Section, unless the context otherwise requires: (1) Commum4, planning document means the Avon Comprehensive Plan, any other planning documents adopted by the To -Am through a public hearing process and any planning document adopted by other governmental and quasi -governmental entities that provide public services or facilities to the Town or which include the Town within their service or planning boundaries_ (2)Site specific deveiopment plan means a planned unit development plan or any amendment thereto, approved pursuant to Section 716060, Planned Unit Developments, together with a development agreement approved pursuant to Section 7-16.140 hereof A site specific development plan that creates vested property rights may also include other development approvals if approved at the discretion of the Town Council upon request by a property owner- however, such request shall not result in an application for a development approval other than a planned unit development plan to be treated as a site specific development plan for the purposes of Section 24-68-1025(1), C_R_S_ (3) Vested prop fight means the right to undertake and complete the development and use of property under the express terms and conditions of a site specific development plan._ (b)Vested Property Right Created - (1) A vested property right shall be deemed to have been created only upon the approval of a site specific development plan in accordance with this Chapter_ (2)A. vested prop", right shall only be created if approved by ordinance which may be combined with an ordinance approving a site specific development plan and an accompanying development agreement- Amendments to any site specific development plan shall be subject to this Chapter and shall have a new vested property no as determined by the Town Council- Any approval of a site specific development plan or amendment to an existing site specific development plan that creates vested property rights shall be adopted by ordinance as a legislative act and shall be subject to referendum_ Whencreating a vested property right, Town Council may expressly exempt, in whole or in part, administrative amendments to site specific development plans from additional review and approval by Town Council under this Chapter_ (3)The establishment of a vested property' right shall not preclude the application of ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town, 'including but not limited to the regulations contained in Title 15 of this Code, regulations concerning subdivision improvements and right-of-way dedications and regulations establishing requirements and specifications for any public infrastructure or public facility improvements. Ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town shall not be deemed to alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of a property with vested ploperty npjits regardless of the :Financial impact of such ordinance or regulation_ HeilComments July 17, 2012 H-22 Exhibit C (4) The establishment of a vested property right shall not preclude the application of any legislatively adopted fees which are gemer l in nature, uniform in character and apphcable to all properties or a similarly situated class of properties. (c) Notice and Hearing. No site specific development plan shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7 -16.020(d), - (d) Notice of Approval_ (1) Each Wrap, plat, site plan or other document constituting a site specific development pl`itz shall contain the following language.- (i) anguage:(i) Approval of this plan conshttntes a vested property right pursuant to Article 68 of Title 24, C.M., as amended and Title 7, Chapter 16 of this Municipal Code, as amended. (2) The failure of the doctunenit constituting a site specific development plan to contain the language specified in Subparagraph (d)(1)(i) above shall invalidate and void the creation of the vested property right_ A notice stating that a rested property right has been created shall be published once by the Toirrn in a nenVaper of general circulation in the Town not more than fourteen (14) days after final adoption of the ordinance approving the site specific development plan- The notice shall include the following information_ (i) A statement advising the public of the site specific development plan approval, including the name of the project, the type and intensity of the use approved andthe specific property or development parcels affected; (ii) A statement that a vested property right has been created in accordance with Article fib of Title 24, C -R -S-, and Title 7, Chapter 16 of this Municipal Code, including the duration of the vested property right; and (iii) A statement that the citizen's fights of referendum shall run from the date of publication. (e) Duration of Vested Right, (1) A property right vested pursuant to this Chapter after June 1, 2006, shall remain rested for a period of three (3) years- The Town Council may approve a period of vested property fights exceeding three (3) years by approval of a development agreement, which shall be part of the site specific development plan_ (2) The guidelines in this Parag ph TI&140(e)('.) shall be considered when deternuning whether to grant vested property rights for a period greater than three (3) years, provided that site specific development plans that are granted vested property rights far a period greater than. three (3) years because of the size, phasing or absorption rate of such site specific development plan should have separate vesting created for the various phases of the development, as :set forth in Paragraph 7-16-140(e)(4)- It shall be the burden of the applicant to propose appropriate reasons for granting a vested property right that is greater than three (3) years. Heil Comments July 17, 2012 H-23 Exhibit C (i) The size and phasing of the development, speciftcaLly, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii) Economic cycles and specifically hitt not limited to resort Community economic cycles, regional and state econonue cycles and national economic cycles, (iii) Market condititms and specifically but not limited to absr_rrption rates for leasing and sales of similar development projects" (iv) Compliance with the Avon C.omprehensrve Plan and other community plamiwe documents; (v) Proposed public amenities and betieftt , that enhance the project and the overall attractiveness of the Avon community, including the degree to Much such public amenities and benefits are defined in terms ofdesigxt, timeframe and phasing with development, (vi) Projected public financial benefits or costs estimated to be caused by the developuient project, including the timeframe for realization by the To'%rn or rather public entities and potential cots for operation and maintenance of any new public amenities or infrastrtacture dedicatedto the Town or other public entities;. (vii) The breadth and scope of the requested nested property right, including, but not limited to the extent to which such vested property right restricts the To,; Ws ability to apple fuhme legislatively adapted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose oftmeetmg euotvmg community needs;. (viii) The terms of any existing site specific development plans with development agreements for the applicants property that specify the duration of vested property rights; (lx) Any proposed modifications to previously approved vested property rights to address changed conditions within the Aeon comaiu,;ty, compl ante with the Comprehensive Plan and other community planning documents or performance of pre;piously approved site specific development plans; and (x) Any other factors deemed relevant by the Council when deternianng to grant a vested property right for a period greater than three (3) years. (3)The Town may approve a site specific development plan subject to such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare of the Aeon com mumity- (4) Any site specific development plan for a multiple -phase development approved after June 1, 2006- may have separate vesting created for each phase- The vesting for any saibsegtteut phase inay be contingent upon completion of the preceding phase and review by the Town Council- Such review sliall include but not be hunted to whether the landowner, developer, successors or assigns are in compliance with its obligations to the 'Tourn, inclining but not limited to the terms andd conditions of a site specific development plan. a development .agreement and any other agreements between the landoumer. developer, successor and assigns and the ToAm, as they any have been amended from time to time - Heil Comments July 17, 2012 H-24 Exhibit C (f) Extension of Vested Properly Rights. A landourner may rei*iest an extension of vested property rights by submitting an application for extension of vested property rights at least sir (6) months prior to the expiration of the vested propem rights. No application for extension of a vested property right shall be approved until after providing notice and conducting* public hearings in compliance with Subsection 7.16.020(d). The guidelines in Paragraph 7.16.140(eX2) shall be considered when detemiming whether to grant an extension to a vested property right_ An extension of a vested property right shall be approved by ordinance. The notice of approval provisions, in Paragraph 7.16.140(d)(1) above shall apply to any approval for extension of vested property rights. (g) Forfeiture of Vested Property Rights. (1) Fait re to abide by the terms and conditions of a vested property right will result in a forfeiture of the vested property rights in accordance with the procedures set forth herein. (2) The princess to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the Town Council stating the grounds therefor_ (3) No vested property right shall be deemed forfeited until after providing notice and conducting a public hearing_ Notice shall be provided by publishing notice in a newspaper of general circulation„ Ming notice in the designated official places of posting and mailing notice to the property owner seat to the address of record according to the County Assesses records via first-class United Mates mail at lmt thirty (30) days prior to the date of a hearing. A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be included with the mailed notice to the property owmer. (4) At the hearing_ the Totivn Council shall, consider all evidence and testimnay presented concerning any failure to abide by the terms and conditions of a vested property right. The Town Council may continue the public hearing to allow additional evidence to be gathered and presented. (5) If the Town Council finds a failure to abide bN' the ternis and conditions of the vested property right, the To%Am Council may take action by ordinance to declare the vested properly rights forfeited. The forfeiture of a vested property not shall have no effect upon public streets., alleys, rights-of-way or other lands or easements previously dedicated or conveyed to the Town or other public entities pursuant to the terms of a site specific development plan. Upon forfeiture of vested property,' rights, the site specific development plan shall be subject to all zonuig, land use and general regulations in effect at the time of forfeiture and as such may be amended fi-om tine to time thereafter_ (Ord_ 10-14 §3) 7.16.150 Location, character and extent. This Section miplenients and sets forth procedures for the regulation of the location_ character and extent of public facilities as provided by Section 31-23-209., C -R -S-, Legal Status of Official Plan, as ainended. It is the nitent of this Section to conform to the provisions of Section 31-23-209, C.R.S., to define the factors to be considered in the 'T"ation, Character and Extent" process and to prescribe procedures for the orderly consideration of location, character and extent applications in order to effectuate the purposes of the state statute_ (a) Applicability_ No road, park, public way, ground or space_ no public building or structure and no major facility of a public utility shall be constructed or authorized, and no building permit for the same Heil Comments July 17, 2012 H-25 Exhibit C shall be issued, in the To -Am unless and until the proposed location, character and extent thereof has been submitted to and approved by the Town- Routine extensions of public utility lines and minor modifications to existing facilities shall not be subject to this procedure - (b) Review Procedures. Applications for locatioiL character and extent shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for location, character and extent may be initiated by the owner or the governmental body having JILM_ sdiction over the public facility. Applications for location, character and extent may, be combined With other application procedures and submittal requirements, including but not limited to development plan, design review and subdivision- The failure of the. PZC and Council to act within sixty (60) days from and after the date of official submission of a complete application to the Town shall be deemed approval of such application. (c)Review Authority.. The PZC shall review applications for location, character and extent after conducting a public hearing. The PZC may approve, approve with conditions or deny an application for location, character and extent. In case of disapproval or approval with conditions -which are not acceptable to the applicant, the PZC shall communicate its reasons to the Council- The Council shall review such decision of the PZC as soon as practical after conducting a public hearing and shall have the power to overrule or modify such decision by a majority vote. The public hearing by Council shall only require posted notice three (3) days prior to the hearing- If the public way, ground space, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the PZC shall he by the governmental body having jurisdiction- The decision by the Council to disapprove or approve with conditions which are not acceptable to the governmental body having jurisdiction may be overruled by said governmental body by a vote of not less than two-thirds (2,3) of its membership- (d) embership-(d) Review Criteria. The PZC and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent: (1) Evidence of substantial compliance with the purpose of the Development Code-, (2) Consistency with the Avon Comprehensive Plan-, (3) Physical suitability of the land for the public way, place, structure, facility or Utility-, (4) Compatibility with surrounding land uses-, and (5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including but not limited to traffic, noise, odors, vibrations and propertyvalues.(Ord. 10-14 §3) 7.16.160 Appeal. This Section sets forth the procedures to appeal a decision of the Director or the PZC which is made pursuant to this Development Code. Only a final decision of the Director or the PZC may be appealed_ Recommendationsto a decision making authority are not subject to appeal- (a) Fpeal-(a) Appeal Procedures- An appeal may be submitted by an applicant for a development approval or by a Town Council member. The appellant must provide a written request for appeal of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the date of the decision. The Town Heil Comments July 17, 2012 H-26 Exhibit C Council shall conduct a public hearing within forty-five (45) days of receipt of a Wxitten request for appeal. Written notice of the public hearing,. date, time and location shall be mailed to the appellant via first-class U.S_ mail at least ten (10) days prior to the public hearing. (b) Review Authority. The Town Council shall review appeals of decisions of the Director or PZC after conducting a public hearing_ The Town Council shall render the final decision on an appeal_ (c) Review Criteria- The Town Council shall use the applicable review criteria to the decision that is appealed. The Town Council shall review decisions de oiovo_ (d) Town Council Decision Final. A decision of the To%%m Council is final. An aggrieved person may appeal a decision of the Council to the district court or to another state or federal court of competent jurisdiction. (e) Decision. The Council shall, in writing; confirin modify or reverse the decision within thirty-five (3 5) days. of bolding the public hearing on the appeal. Any decision by the Council that results in action modifying or reversing the decision of a Town body or officer shall describe tate specific reasons for the modification or reversal_ Action of the Council shall become final immediately_ Failure of the Council to act within the forty (40) additional days shall be deemed action confmung the decision unless the applicant consents to an additional time extension_ (Ord. 10-14 §3) 7.24.080 Temporary uses and structures. (a) purpose. Tlus De-velopment Code allows for the establishment of certain temporary uses for limited duration, provided that such uses courtly u°ith the ,general and specific standards of chis Section - (b) Applicability_ A temporary use perunit is required for any temporary use or structoire that may be allowed in each zoite district as listed in this Section unless such temporary use is an exeznj)t temporary use as defined in Subsection (f) below. (c) ReN iew Procedures_ Applications for a temporary use permit shall follow the general review procedures set forth in Section 7.16.020- Applications for temporary use permit maybe initiated by the oximer or lessee of the property for which a temporary use or s1r acture is desired_ A temporary use permit may be extended or renewed by applying for a new temporary use pernut in accordance with the procedures .and review criteria in this Section_ (d) Reiiew Authority_ (1) Adnunistrmtive temporary use permit. An administrative temporary use pernut may be issued for any temporary use as defined in Subsection (e) below, provided that the temporary use or structure Heil Comments July 17, 2012 H-27 Exhibit C shall not exceed thirty (30) ,days in a calendar year and the tempormry use shall not include events exceeding three hundred (300) persons, in a single day. AdriunistTative temporary use permits shall not exceed one (1) year in duration- No notice or public hearing shall be rewired for administrative ten4xm ry use permits_ The Director may determine that the character of the requested temporary use requires PZC review with a public hearing_ The decision of the Director may be appealed to the flown Council pursuant to Section 7.16.160. (2) Temporary use permit. A temporary use permit may be issued. by the PZC for any temporary use or structure not allowed as a use byr right, or as an accessary use or special review use in the appheable Fame district where the proposed temporary use or structure exceeds thirty (30) days in a calendar year. The PLC` shall review and render a decision on an application for a temporary use after conducting a public heaaing. Mailed notice of the public heaaing shall be provided in accordance with Paragraph 7-16-020(d)(2)- The decision of the PZC mai. be appealed to the Town Connell pursuant to Section 7.16.120- (e) Tempary Uses. The fbUmv ng uses shall be c"ified as temporary uses: (1) Temporary Structures_ Temporary strractures includes, but is not limited to, temporary real estate offices, classroom office_ model home, including manufactured or mobile units or similar portable 5triSCCLrre5- (2) Construction -related Activities- C'onsrrada cion -rel aced activities includes on-site construction activities that are not related to a building pennit far the subject property (including construction trailers, storage of materials and equipment and employee parking). (3) Outdoor Sales or Events. Outdoor scales or events includes ten4mm y outdoor display/ sales of merchandise (.e -g_- parking lot or sidewalk sales), seasonal sales (e -g-, Christmnas trees, Hallomreesn pumpkins, civic group, merchandise), special events (e -g-, fairs, festivals or similar outdoor events, amusement rides, animal shows, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea nvirkets, food events and outdoor entertainment/ sporting events, rodeos), and farmees markets_ (4) Temporary Parking for Special Events or Other Purposes_ (5) ether. Other temporary uses of similar nature as determined by the Director. (f) Exemptions. The regulations in this Section shall not apply to that follovwring uses: (1) Outdoor sales or events winch do not exceed lave (5) days in any calendar year-, (2) COnstsuctaon actnvrttes located on a subject property, ancluding the storage sof construction materials and construction equipment, construction trailers and construction -related parking associated with a salid building permit for such property; (3) Funeral proce&siom" (4) Garage or estate sales, (5) Private parties-, Heil Comments July 17, 2012 H-28 Exhibit C (6) Weddings of immediate family of the homeowner; (7) Regularly scheduled school events such as athletic events that use existing parking, traffic controls and public safety support; (9) Natuml disasters and emergencies, staging and assembly growids; and (9) A governmental agency .acting within the scope of its functions_ (g) Permits for Special Events an Public Property. Permits for special events on any street, alley, sidewalk, public: building or public park shall not be subject to the procedures and standards in this Section 7.24.080 unless the Town Council determines by motion that a special event must apply for a temporary_ use permit, in which rase the Town Council shall also determine if such application should be processed administratively or by public hearing by the PZC and,,or Tomm Council_ Special events on public property shall othenvise be subject to the fallowing provisions of the Aron TV mucipal Code, including but not limited to: (1) Alcoholic beverage periuits (Chapter 5.08, Liquor Licenses); (2) Amplified sound (Chapter 5.24, Amplified Sound Permits), (3) Public parks and special event areas (Chapter 9.44, Public Parrs and Special Event Areas). (h) Review- Criteria. The following review criteria are the basis for a decision on an application for a temporary use peruni.t_ (1) Tlie temporary use or structure shall not cause unreasonable negative impacts to properties. residents, business or public uses in the 11cinity, which cannot be mitigated through the imposition of conditions on such temporary use or :structure_ Such negative impacts to consider include, but are not linuted to: Visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety, soil and vegetation disturbance, natural resource miFacts and reasonable expectations of enjoyment of property based upon zone district designations and community piaunin.g documents; (2) Facilities and services (including sewage and waste disposal, water, gas, electricity, police mid lire protection, roads and transportation, as applicable) will be available to serve the proposed temporars- use or structure while maintaining adequate levels of service for existing development_, (3) The temporary use shall comply with all applicable ,general and speck regulations of this Section, other Tawe ordinances_ and state and federal law unless otherwise expressly stated, (4) The applicant has demonstrated that he or she possesses the requisite skills and experience to ensure that the particular actnaty will be conducted in a safe and orderly manner-, (5) The temporary use or structure is not of a nature that will become impractical to cease or remove over time; (6) Adequate plans or sureties are proposed to guarantee restoration of the properly after the tennporary use or structure ceases; Heil Comments July 17, 2012 H-29 Exhibit C (7) All temporary signs associated with the temporary use or structure shall be properly permitted pursuant to Chapter 1528, Sign Code, and removed when the activity ends or permit expires, whichever occurs first, (8) The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site, (9) The temporary use regulations of this Section do not exempt the applicant or operator from. any other required permits, such as food service or building permits, (10) The temporary use or structure, including any associated parking and traffic circulation., shall not disturb sensitive or protected resources, including required buffers- one -hundred -year floodplains and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to the condition that existed prior to the temporary use or stricture; (11) Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored and meet the requirements of the Building Official, including fire rating; (12) Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable parking plan shall be approved with the temporary use or structure, (13) The temporary use will not result in excessive demands for police, ambulance, fire or other essential public services which may negatively impact the capacity of existing public services to meet existing public service demands or the applicant agrees to mitigate the increased demands for public services; (14) The size, nature or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property, (15) Another temporary use permit application has not been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion; -, (16) The location of the temporary use or structure AU not substantially interfere with any construction or maintenance work scheduled to take place upon Town streets; and (17) The temporary use or structure shall be for a duration which is appropriate considering the location, use, planned development and activities in the vicinity and impact on nearby properties, however, in no event shall a tenTorwN use be granted for more than three (3) years. (Ord. 11-06 §2) Heil Comments July 17, 2012 H-30 Exhibit C EXHIBIT I DefinitionS78 The definitions of words and phrases set forth in this Exhibit I expressly supersede any additional or conflicting definitions of the same words or phrases or same general intent as set forth in the Municipal Code and constitute the sole and exclusive definitions for the purpose of this PUD Guide and the interpretation, application and enforcement of this PUD Guide and related components of the Development Plan. When not inconsistent with the text, words used in the present tense include the future, words used in the singular number include the plural, words in the plural include the singular, and the masculine includes the feminine. The words "will" or "shall" are mandatory, and the word "may" is permissive. 1. Accessory Building, Structure or Use means a subordinate Building, Structure or Use located on the same Lot (or on a contiguous Lot in the same ownership) or- cure,-blo 'r on which the main Building, Structure or Use is situated, which is customarily incidental to that of the main Building or to the main Use of the Site, and which is reasonably necessary and incidental to the conduct of the Use of such Building, Structure or main Use. 2. Accommodation Unit(s) means any room or group of rooms used primarily for transient lodging and accessible from common corridors, walks, or balconies without passing through another Accommodation Unit. 3. Affordable Housing Plan means the sole and o. elus;.,o affordable housing requirements for The Village (at Avon) PUD, as set forth in Section J.15 of this PUD Guide,,whieh expfessly� 4. Agricultural Use means those agricultural activities commonly pursued in Eagle County including but not limited to the planting, cultivation and harvesting of crops, trees, grasses and similar crops used for production of hay and other animal feedstock, and the grazing of livestock; provided, however, that Animal Boarding, cultivation in connection with operation of a Medical Marijuana Business and large contained animal feeding operations (feed lots) and/or slaughter houses shall not be construed as an Agricultural Use. 5. 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. 78 Definitions which are not in the existing PUD Guide and which are included in the Development Code have been deleted. Generally, I believe not numbering definitions is better because amendments which add definitions will not require renumbering and I have never encountered a legal significance to number versus not number definition, nor a reference, citation or organizational benefit considering that alphabetical order works the same way as numbers. 79 This language tracts the existing PUD. I am not aware that there has ever been a conflict or confusion about this section. Heil Comments July 17, 2012 I-1 Exhibit C WON Nil_ iI I' .!. 1 :1 7. Application means any form of application or submittal to the Town for review and approval of any form of development within The Village (at Avon), including but not limited to an application or submittal regarding an amendment to this PUD Guide, an amendment to the PUD Master Plan, a Preliminary Plan, a Final Plat, a grading permit, a building permit or similar matters. 4-0:8. Architectural Projection means a building element (i.e., Appurtenance, Arcade, Awning, Balcony, tower, steeple, portico, chimney, cupola and similar non -habitable features) which physically projects beyond the plane of a required limitation (i.e., height, setback, etc.). Architectural Projections may project ten (10) feet or less beyond the applicable Building Envelope with the prior written consent of the Design Review Board. Architectural Projections may project greater than ten (10) feet beyond the applicable Building Envelope with the prior written consent of the Design Review Board and the Town. 81 80 The judge ruled in favor of the Town's interpretation of applicant. 81 It may be better to put the regulation in Section E rather than embed regulations in definitions. Heil Comments July 17, 2012 1-2 Nil_ iI 80 The judge ruled in favor of the Town's interpretation of applicant. 81 It may be better to put the regulation in Section E rather than embed regulations in definitions. Heil Comments July 17, 2012 1-2 Exhibit C 12. A ' - -_ s a feef like eavef (whether- eanvas, metal, fflasefify of: othef fflatefial) that extend Z= Af ffeffl the r, 13. Baleeny means that peftion of a Stfuettife that is essentially open and otitwar-d ftem the higher than four (4) feet .,L oye g nd level. 449. Bed and Breakfast means an establishment operated in a private residence or portion thereof that provides temporary accommodations to overnight guests for a fee., which is occupied by the operator of such establishment, and which contains no more than three guest rooms. 82 For purposes of Dwelling Unit calculation, a Bed and Breakfast shall be considered one (1) Dwelling Unit. 15. Bleek means a tinit of land designated as a "bleek" On a reeer-ded Final Plat and Whieh contaifis within its boundafies a group of individually platted Lots as designated on stieh feeor-ded Final Plat. 4-Fr.10. fW+sORs' afliffl.-A.1-S, -0b.-affels Of pfepefty of any kind, whieh is peffnanently affixed to the land and 11. 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: (a) the applicable Building Setback requirements; (b) the applicable Building Height requirements; (c) the applicable Site Coverage requirements; and (d) the applicable Lot Area requirements, or {)(e) Building Envelopes as may be determined during the final plat subdivision process. 83 Notwithstanding the foregoing, the following improvements are permitted outside of the Building Envelope: Sidewalks, Drive Aisles, Driveways, landscape features, Infrastructure and Dry Utilities. 84 4-8-.12. Building Height means the distance measured vertically from the reference elevation (defined below) at anyig ven point on the Site 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 82 The existing PUD defined B&B as no more than 3 guest rooms. Additional guest rooms would warrant the application of the Dwelling Unit accounting for Hotel, Motel or Lodge. 83 This references the anticipated designation of building envelopes for PA -K at the time of final plat. 84 It may be better to state the regulation in section E rather than embed the regulation in the definitions. Heil Comments July 17, 2012 1-3 Exhibit C diagram in the Development Code), nen habitable ArehiteeW ejeetions.85 The ,alae, slope , ethea shall be used fef purposes of ealettlating the Building Height, and The "reference elevation" shall be: (a) within Planning Areas A, B, C, D, E, F, G, H, land J and RAW -T, the Finished Grade; and (b) within all -ether --Planning Areas I, K, RMF 1 and RMF 2, the Natural Gradeor- the 86 4-913. Building Setback means the distance from a specified Site boundary line, a creek or a stream measured horizontally to a line or location within the Site which establishes the permitted location of Uses, Structures, or Buildings on the Site. The location within a Site of Sidewalks, Drive Aisles, Driveways, landscaping features and fences required pursuant to applicable Town or other governmental ordinances, regulations and requirements (i.e., fence enclosures for swimming pools) are not restricted by the Building Setback requirements. 87 20. Btfs Step means a f4eility for the leading and disehar-ging of passeRger-s by -ptibliely E) 27k14. 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. 2-2-.15. 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. 2-3-.16. 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. > > day > , 85 The ability to extend an Architectural Projection up to 10' higher than the building height is addressed elsewhere already. 86 Both the existing PUD Guide and Development Code refer to the more restrictive of existing grade or natural grade. Larry and I supported this change. Staff support and the effective of the change will need to be explained to the PZC. 87 This is a regulation within a definition. Heil Comments July 17, 2012 1-4 Exhibit C eyveltiding Family eare Hemes), whieh is maintained, for the whole of pat4 of a day, far- the eaf-e ef-- (a) five (15) or- mefe ehildr-en tinder the age of sixteen (16) years who are not r -elate )n for- stieh and with of withotit stated edtteation pur-poses; E) Eb)(a) sehool system of at least six (6) gi:ades so long as the sehool system is not also pfoviding 17. Commercial Space means the definition of the square footage of commercial areas for the purposes of calculating the maximum allowed commercial square footage as set forth in Section B. and specifically defined in sub -section B.6. , 18. Commercial Use(s) means the following Uses: (a) Accommodations Units; (b) Animal Boarding; (e) dofflestieated animal grooming,- (d)LcLAutomobile Repair Shop (Major or Minor); (O(Lbakeries; WLeJ bar and tavern; (h)f�barber and beauty shops; (4)tgJ_Bed and Breakfast; (j)(hL_beverage stores; (k)Cij_Bus Stop; (I)LD _business and professional offices; Heil Comments July 17, 2012 1-5 Exhibit C (m)tkLCabled Telecommunications Equipment; (n)t!)--Cabled Telecommunications Facilities; (o)Lm)—Cabled Telecommunications Services; (p)(Lcar wash (as the Principal Use); OoLoo,LChild Care Center; (r)(LChurches; (s)Lc Lcinema; (O rL_clinic, intermediate medical care facility (i.e., out-patient services only); (u)LsLclothing stores; (t) coffee shops (v)Lu,LCommunity Facilities; (w)(Lcommercial offices; (*)Lw,ZCommercial Parking; (y)LConvenience Retail; (- )(yLdepartment stores; (* z) Drive-in Uses; (W as)employment agency (eO b(h Extended Stay Hotel; (dd)cc) Family Child Care Home; (ee)d( dh_ Grocery Store; ( ee Group Home; (M Financial institutions; (gg) fitness centers and health clubs; (hh) furniture stores; (ii) hardware stores; Heil Comments July 17, 2012 1-6 Exhibit C 0j) Hotel, Motel and Lodge; (kk) Home Occupations, Minor and Major; (11) Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; (mm) indoor entertainment facility; (nn) indoor storage; (oo) Kennels; (pp) laboratory; (qq) landscaping and snow removal services; (rr) laundromat/dry cleaning; (ss) Medical Marijuana Businesses, to the extent not wholly prohibited in the Town in accordance with applicable Town ordinance; (tt) medical and dental offices; (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 and for domesticated animalrog oming)-, (z) aaa professional offices; {aua} bb( boreal estate sales offices; (bbb)ccc photocopy and blueprint businesses; (� dd( d) Public Facilities; (ddd) eee Private Parking; (ee-e) f( ff)__Public Parking; Heil Comments July 17, 2012 1-7 Exhibit C qfO gg Recycling Facility; (ggg)h( hh) Recycling Processing Facility; iii repair shops, small electronics repair; (iiO Restaurants; kW4 kkk) Retail sales, specialty and gift shops; ski tuning; bike assembly (kkk-)11( 1) service and social clubs; (14)Lmmm) Service Stations; {mm R} nnn Studios (music, dancing, photography, movie, art and broadcasting) O 000 tailor, seamstress, clothing alterations (ppp) tattoo parlor, body piercing (eee)(aaa) Temporally Divided Dwelling (ppp)(rrrL_theaters; () sss trade schools and colleges; (qf} ttt Transit Shelter; (-s-RO uuu Wireless Telecommunications Equipment; {t)(vvv) Wireless Telecommunications Facilities; (u-u*www Wireless Telecommunications Services; (v-Nv) xxx)Vacation Clubs; (ww Uses which the Director determines to be similar. 19. Community Development means the Town of Avon Department of Community Development. 27. 117 44- means a publiely of: privately owned f4eility, Bttilding or Stmetur-e whieh is pr-imar-ily intended to sei=�,e the , edueational, enter-tainment needs of the eommunit-f as a whole and is operated on a non eemmefeial, not fe 2-8-.-20. Condominium means any group of Condominium Units developed as a unitary project within a Site on which one or more Buildings are located. Heil Comments July 17, 2012 1-8 Exhibit C 2-9-.21. 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 (including Condo -Hotels and other forms of accommodation units) shall be counted as Dwelling Units. -3?23. 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. 3-2,.24. Design Review Guidelines means, as may be amended from time to time, The Village (at Avon) Design Review Guidelines dated , 19, as amended and as may be further amended or supplemented, and as prepared, approved and promulgated by the Design Review Board by the Master Developer and which establish the sole and exclusive architectural design, landscape design, urban design and site design standards applicable within The Village (at Avon).88 34:25. Design Review Board means The Village (at Avon) Design Review Board as appointed or elected in accordance with the Design Covenant. 3-5-.26. 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-WM LLC. 3,6-.27. Development Agreement means the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) concerning the Property dated as of , 2012, as amended from time to time. 88 My supplement comments suggest that the most recent version of the Design Guidelines be revised to match the Planning Areas in the PUD Guide, revised to add clarity where noted for specific design standards which will replace Town design standards, and be adopted at Exhibit E. Heil Comments July 17, 2012 1-9 i. M. 141"1 WIRWIN a ............... IN ..... -3?23. 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. 3-2,.24. Design Review Guidelines means, as may be amended from time to time, The Village (at Avon) Design Review Guidelines dated , 19, as amended and as may be further amended or supplemented, and as prepared, approved and promulgated by the Design Review Board by the Master Developer and which establish the sole and exclusive architectural design, landscape design, urban design and site design standards applicable within The Village (at Avon).88 34:25. Design Review Board means The Village (at Avon) Design Review Board as appointed or elected in accordance with the Design Covenant. 3-5-.26. 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-WM LLC. 3,6-.27. Development Agreement means the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) concerning the Property dated as of , 2012, as amended from time to time. 88 My supplement comments suggest that the most recent version of the Design Guidelines be revised to match the Planning Areas in the PUD Guide, revised to add clarity where noted for specific design standards which will replace Town design standards, and be adopted at Exhibit E. Heil Comments July 17, 2012 1-9 Exhibit C 3-7-.28. Development Code means Title 7 of the Municipal Code, as in effetr the E eefivz DetemU be amended unless otherwise stated .89 3-8.29. Development Plan means, as referenced in Section AA(b) of this PUD Guide, collectively: (a) this PUD Guide (together with each Exhibit hereto) and the PUD Master Plan, as amended, whieh shall eoatr-el the zening of the Property pttr-suafit to the Planned Unit Development Aet-ofd72, Seetions 24-67-101 et s-eq.,RS., and See fien 1 7 22n 1 1100 of the Mttnieipal Code; and (b) the Development Agreement. 39-.30. Development Standards means the sole and e w4tt =,planning requirements and regulations governing the development of the Property as set forth in Sections E and J of this PUD Guide, which expressly supersede any additional or conflicting provisions of the Municipal Code which address the same or similar standards for development. 4&31. Director means the Director of Community Development. ■ZW 42. Drive in Use means an establishment whieh by design, physieal f4eilities, serviee of enteftained while remaining in their- motor- vehireLes-. ir 44.32. Dry Utilities means, excluding Infrastructure, conduit and sleeving for, and the installations contained therein, telephone, cable, fiberoptic and similar "dry" utilities intended to be privately owned, maintained and/or operated. 45:33. Duplex Dwelling means a single architecturally integrated Structure that contains two separate and independent residences intended to be occupied by two (2) families (or groups of people) living independently of one another, but does not encompass Primary/Secondary Structures. For purposes of the Dwelling Unit calculation, each residence within a Duplex Structure counts as a separate Dwelling Unit, thereby counting as two Dwelling Units per Duplex Structure. If the Site on which a Duplex Structure is constructed is subsequently subdivided into two separate Lots, each of the Lots and Dwelling Units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. 89 The existing PUD Guide clearly allows the Town to amend and apply the municipal code. Heil Comments July 17, 2012 1-10 Exhibit C rre!�ee�ee!*:::re!� .r_�!�s�:E�*e�•��r_�!sn��rr_� , , 34. Dwelling Unit(s) mems ane of fnefe r-eams with a single kitehen and a4 least one (1) ba44eefn and whieh is designed, oee"ied or- intended for- oeetipaney as separate 1i faf the exeltisive use of a single family (or- gfoup of people) of iiidivi"al independently fr- i do f n a tion Units. �7 � @'6pi�vi-irircc�g��g-�crorrvrz=ccvrimivaiccron— One or more rooms occupied by one family or group of people living independently from any other family or group of people and having not more than one indoor cookingfty, or an aggregation of Hotel, Motel and Lodge or Extended Stay Hotel rooms as provided below: A Hotel, Motel or Lodge room is a room within a Hotel, Motel and Lodge or Extended Stay Hotel used primarily as a bedroom for transient lodging. A Hotel, Motel or Lodge room may include a bathroom, closet and balcony. Three Hotel, Motel or Lodge rooms will be counted as one Dwelling Unit as long as (i) the average square footage of all rooms in any hotel complex does not exceed more than 600 square feet of interior space, and (ii) no more than one indoor cooking facility is included within the three hotel or lodge rooms being counted as one Dwelling Unit. In the computation of total Dwelling Units for a given Hotel, Motel or Lodge project, any fractional value shall be rounded to the next highest integer. Three Extended Stay Hotel rooms will be counted as one Dwelling Unit, in accordance with the conditions stated above and notwithstanding the fact that each such room contains an indoor cookingfy. The following terms shall clarify the definition of Dwelling nit. (d) Primary/Secondary Structure. (e) Duplex Structure. (f) Condominium. 90 49,35. Effective Date means from Original Effective Date. . . ......... 0.11111 11 2012, and is intentionally distinguished 5-0,36. Extended Staff 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. As used in this PUD Guide, and notwithstanding any other provision of 90 This is the existing PUD Guide language. Heil Comments July 17, 2012 1-11 Exhibit C this PUD Guide, an Extended Stay Hotel room shall be considered a "Hotel, Motel and Lodge" room for purposes of the definition of "Dwelling Units."91 54-.37. Family Child Care Home means a facility for Child Care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home, and may include any such other types of family Child Care homes as may be designated by rules of the State Department of Social Services pursuant to C.R.S. § 26-9-106(2)(p). 5-z?38. Final Plat means a final stibdivision plat, thefete, "proved by the Town pttfsttaiit to Seetion 14.2 of this PUD Guide means a final plat as defined in section 7.16.070 Subdivision of the Avon Development Code. 5-3-39. Finished Grade means the final elevation of the ground surface after development. goods.54. Gi:eeery Ster- means a retail establishment whieh pr-ifnarily sells food for- home 5-5,40. Gross SEittafe Footage means the , ineluding basements, , stair -ways and tipper- fleefs, if afiy, expressed in squafe f�et X41. 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. 5-7-.42. Guest House means a Secondary Structure which is physically detached from a Single- family Dwelling, is serviced through the same utility meters or connections as the Single-family Dwelling, and is intended for temporary periodic occupancy by visitors to the residents of the Single-family Dwelling. Guest Houses are a Secondary Structure and shall be construed to be an Accessory Use to the Primary Use of the Single-family Dwelling. -5-9-.43. Home Occupation, Major means an occupation or business activity which results in a product or service and is conducted in whole or in part in a Dwelling Unit and does not qualify as a Minor Home Occupations because it: produces noise audible outside the Dwelling Unit; causes or requires customers, delivery persons, employees or any person to enter the property on or within which the Dwelling Unit is located; requires alteration to the Dwelling Unit to satisfy applicable fire, building or health codes or regulations; requires or allows any signs to be visible from the outside of the property on or within which the Dwelling Unit is located; and/or changes the appearance or residential character of the Structure... A Major Home Occupation Use shall be considered a Commercial Use. 59-.44. 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 91 This is the existing PUD Guide language. Heil Comments July 17, 2012 1-12 Exhibit C 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. 64-.45. Hotel, Motel and Lode 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. MCI I .. 11-11 lilt I Heil Comments July 17, 2012 1-13 Exhibit C 64.46. Interim Use means a Use that is permitted on a case-by-case basis within a particular Planning Area or on a specific Site during the period prior to or during development of a Site upon an Applicant's receipt of written approval from the Design Review Board (as applicable) in accordance with Section J.1 of this PUD Guide; provided, however, that Agricultural Uses as an Interim Use shall be construed to be a Use by Right within all Planning Areas without the requirement of written approval from the Design Review Board. 69.47. Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in acres or in square feet. 7048. Main Street means, as conceptually depicted in Exhibit E of this PUD Guide, the primary east -west roadway connecting Post Boulevard to Chapel Place .92eefisiSfiiig, of a ' wide eastefn segment," a "80' wide eentr-al segment" and the "60' wide westem segm WWL .91 Igo lt� 0— S I �­ s - -wilill WINNOW,;, oil INI S NO — y- 69.47. Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in acres or in square feet. 7048. Main Street means, as conceptually depicted in Exhibit E of this PUD Guide, the primary east -west roadway connecting Post Boulevard to Chapel Place .92eefisiSfiiig, of a ' wide eastefn segment," a "80' wide eentr-al segment" and the "60' wide westem segm WWL .91 Igo lt� 749. Master Developer means EMD Limited Liability Company, a Colorado limited liability company (with respect to Planning Area I only) and Traer Creek LLC, a Colorado limited liability company (in all other respects), which entities (or any successor entities) are designated and authorized to act on behalf of all Developer Affiliates and their respective successors in interest with respect to and for purposes of this PUD Guide. 92 The dimensions of Main Street are defined in Exhibit E. Heil Comments July 17, 2012 1-14 Exhibit C 73. Nfedieal Nfafiittana Business leas the Use—emote, er—peffien thereef-, feftke ' R Q 11 12 43.3 104, as may be amended, fegafdless of teethe f stteh Use is for- efit o ,t fe. r r —fit 74. Mobile Home means a Single family Dwelling paFtially or- entif!ely fnaffflfaetttred in a whefe it is to be oeetipied as a D,�velling Unit, and is� at least twenty four (24) feet wide and thii4y six (36) feet long; peffflanently affixed to and installed oft a.. —gitteeted pefnianent. e"ivalent Fequir-ements and pe -fe -,v.. nee o standa� 7-5-.50. Mixed Use Project means the development of a Site, Building or Structure with two or more different Uses in accordance with the Development Standards and which is designed, planned and constructed as a unified project. Mixed Use Projects may be horizontally integrated or vertically integrated, or both. , whether- stieh Dwelling Units af:e for- sale or- f6f lease (ineluding Condominittm Units designat fef Residential Use). 7 -?51. Municipal Code means the Town's Municipal Code_, as in effeet o the Effeetive Tate ,»loss eti,o.. ise sta4e as may be amended from time to time. 7&52. Natural Grade means the elevation of the ground surface in its natural state, before man- made alterations. 7-9-53. 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. 8-0-.54. 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. 81. Open Spage means any land or water- area with its sur-faee open to the sky �vhieh serves undeveloped land that is zoned foF development. 8-55. Original Effective Date means October 13, 1998, and is intentionally distinguished from Effective Date. Heil Comments July 17, 2012 1-15 Exhibit C 93--.56. 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. 94. Otitdoer Stor-ag means the storage of a I . . . it, good, jitink material, mer-ehandise 8-5,57. 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, as amended from time to time), including without limitation, any additional or conflicting such provisions. 8-6,58. 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. 97. Planned Unit Developfliefft (PUD) means an afea of land, eentfalled by One of ffier-e landowner -s, to be developed undef tinified eentr-el of a unified plan and is developed as a whole developm-4 .­., ... eltide Dwelling Units, Commefvial Uses, ladtistrial Uses, Mixed Use > > I ibination, the plan for- whieh is not re"ir-ed to eefT-espend in bet Size, btilk O -P type Of Use, density, Lot Covefage, Open Spaee of other- r-estr-ietian set f6i4h in the Town's use FegWations. 93 8-9-.59. Planning and Zoning Commission means the Town's Planning and Zoning Commission. 8-9-.60. Planninea 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. 9&61. Planning Department means the Town's Planning Department. 962. Preliminary Engineering means the following submittals in connection with certain future street improvements within The Village at (Avon) as described in Section AA(f) of the PUD Guide: utilities locations (excluding utility sizing), preliminary drainage report, preliminary grading plan and street cross sections, including transitions between any different cross sections. 63. Preliminary Plan means a preliminM plan as defined in section 7.16.070 Subdivision of the Avon Development Code. 93 Planned Unit Development (PUD) is not defined in existing PUD Guide. PUD is defined in the Avon Development Code. The definition is very general and I don't see any value to including it in this PUD Guide. Heil Comments July 17, 2012 1-16 Exhibit C 9-�?64. 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 Guest House, carriage house or caretaker's quarters). Within all Planning Areas, the secondary unit can be no more than 40% of the floor area of the primary unit. The secondary structure may attached to or detached from the primary unit; provided that the two units cannot be subdivided or separately conveyed or transferred in ownership and the secondary unit may not be leased or subject to a leasehold interest separate from the primary unit. The Residential Use of the Secondary Structure shall be construed to be an Accessory Use to the Principal Use of the Primary Structure, and the Primary Structure and Secondary Structure, whether attached or detached, shall be counted as one Dwelling Unit in the aggregate. 94 93. Pr -i "eipal Us- means the Use of a Site Of: Stf-detuf:e as distinguished ffem 94,65. Prior Amendments has the meaning set forth in Section A.1 above. 966. Private Parking means a surface parking lot or Parking Structure that provides accessory parking to a specific Building or Use, is available for parking by the owners, tenants and/or customers of the Building or Use, may include reserved parking spaces, and which is owned by a private, non-governmental entity such as an owners association. 96.67. Property means the real property commonly known as The Village (at Avon) PUD, the boundaries of which are legally described in Exhibit A attached hereto and incorporated herein. 968. Prope . Line means the boundary of any Lot, Block, S,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. 969. 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. 95 9970. Public Improvements Agreement means an agreement to be entered into between the Town and the parry responsible for constructing public infrastructure in connection with the 94 Applicant should further address the need for this change for the benefit of Staff and PZC. 95 The concept and definition of "Public Improvements" will require further consideration to understand and refine distinction or commonality with "Public Improvements" in Service Plan and in other documents. Heil Comments July 17, 2012 1-17 Exhibit C applicable Application as contemplated by Section 7.32.100 of the Development Code, w#ieh agreement shall be in a fefm mutually agreed "on by the Mastef: D&veleper- and the Town. 96 4-0.71. Public Improvement Company means, collectively, The Village (at Avon) Commercial Public Improvement Company and The Village (at Avon) Mixed -Use Public Improvement Company, which the Master Developer has created in accordance with and for the purposes stated in Section of the Development Agreement. , . �?72. Public Parkiniz 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)). 443-.73. PUD Guide means this The Village (at Avon) Amended and Restated PUD Guide dated , 2012. U04:74. 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). 185-.75. RecyclingFacility 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. X76. 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. 4077. 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. 96 We can agree to a form. The form can be included as Exhibit H to replace the re -stated Development Code sections. Heil Comments July 17, 2012 1-18 Exhibit C 41 78. Residential Use means the Use of a Building (or applicable potion thereof) for purposes of a Single-family Dwelling, Duplex Dwelling, Multi -family Dwelling, Major Home Occupation (portion of the Building not used for Commercial or Industrial Uses), Primary/Secondary Structure, Guest House or Bed and Breakfast. of stndetiir-e for- the sale of foods and bevefages to the etistemer- m a ready to eoflsttme state, and .t ehiele (b) With fespeet to "fast food" Restattfants: (i) Food and beverages afe ustially sef--ved in paper-, plastie of ethef disposable ._ buildingWE N-1 type oper-ation where the food or- bever-ages afe eonstimed within the Restatir-a 14-9-79. 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. 444-.80. Settlement Term Sheet. As defined in Section A.1 above. 97 DRB's role is not to review traffic patterns and vehicle stacking. This definition would create potential confusion and conflict if interpreted that Town's authority is pre-empted by DRB. Heil Comments July 17, 2012 1-19 Exhibit C r��=ee!�:•irs�esjz•�sr_�r r:neers:nar:�r.�:�e+rsee�esr_�rrs . X81. Site means a specifically described area of land which is the subject of a development Application, and which may be a Lot, an aggregation of Lots within a Mixed Use Project, a- Supe-r-bleek—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. 44482. Site Coverage means the ratio, expressed as a percentage, of the area of a Site which is rendered impermeable by Buildings compared to the Lot Area (or in the case of a Superblock or assemblage of Lots, the gross area contained with the entire Site). 44-5-.83. Site Specific Development Plan has the meaninget foFth i the Viestea PropeAy Rights Statute means the Development Plan and any subsequently pproved Preliminary Plans and Final Plats together with any amendments to any of the foregoing. Stream Setback Provisions means the provisions and requirements set forth in Section 112 of this PUD Guide. 44-9-.85. Subdivision Regulations means Section 7.16.070 of the Development Code, as modified and/or superseded by the provisions of Section H of this PUD Guide. 98 Anything related to Special Review Use should be defined and set forth in Section F. Special Review Use. Heil Comments July 17, 2012 1-20 Exhibit C WORMR0 2 .86. 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. 4-2-2-.87. 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. Town means the Town of Avon, a municipal corporation of the State of Colorado. 4-2-5-.89. Town Council means the Town Council of the Town. 42-6-.90. Tract means a parcel of real property as shown with a separate and distinct "tract" number or letter on a Final Plat. 12-7-.91. 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. 42-9-.92. Transportation Master Plan. The Transportation Master Plan adopted by the Town, as amended from time to time. 4,19-93. 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. 4-&94. 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, Heil Comments July 17, 2012 1-21 Exhibit C subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and with respect to which a building permit shall be issued in accordance with Section AA(g) above and/or any applicable Town use permit or business permit shall be issued in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. -14-95. Use Category means one of the following general categories of Use that may be permitted within The Village (at Avon) on a Planning Area by Planning Area basis: (a) Residential Uses. (b) Commercial Uses. (c) Industrial Uses. (d) Interim Uses. (e) Mixed Use Projects. (f) Public Facilities. 13-2-.96. 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. XVested Pr-opg±!y Right(5) has the meaning set fei4h in the Vested Pfepei4y Righ 99 13497. Vested Property Rights Regulations means Section 7.16.140 of the Development Code, as tnedified by this PUD Guide. 98. Vested Property Rights Statute means Sections 24-68-101 et seq. of the Colorado Revised Statutes as in effect on October 13, 1998. 13-5-. Vested Property Rights Term means the term of the Vested Property Rights which shall continue from the Effective Date until expiration on October 20, 2039. 134,99. 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. 99 Vested Property Rights for this project should be defined in the Annexation Agreement. The Vested Property Rights Statute is enabling, the Annexation Agreement is implementing. The entirety of vested property rights definitions and rights should be stated in the Annexation Agreement to avoid future confusion or conflict. Heil Comments July 17, 2012 1-22 Exhibit C 4100. Wireless Telecommunication Equipment means any equipment used to provide Wireless Telecommunication Service, but which is not affixed to or contained within a Wireless Telecommunication Facility, but is instead affixed to or mounted on an existing Building or Structure the Primary Use of which is not for the provision of Wireless Telecommunications Services. Wireless Telecommunication Equipments also includes a ground mounted base station used as an Accessory Structure that is connected to an antenna mounted on or affixed to an existing Building. 43-9-.101. Wireless Telecommunication Facility means any freestanding facility, Building, pole, tower or other Structure used to provide only Wireless Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Wireless Telecommunications Services. 4-3-9-.102. 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. Heil Comments July 17, 2012 1-23 Exhibit D AVON TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION ` ° A CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION FOR THE VILLAGE (AT AVON) The following findings of fact and are made in accordance with Avon Municipal Code Section 7.16.060(e)(3), Reviewing Authority: 1. Settlement Term Sheet. The Avon Town Council approved a Settlement Term Sheet on October 7, 2011, with Traer Creek LLC, Traer Creek Metropolitan District, BNP Paribas, and other parties to the consolidated cases 2008 CV 385 and 2010 CV 316 pending in Eagle County District Court. Implementation of the Settlement Term Sheet included in part the preparation of an application to amend the Village (at Avon) Planned Unit Development Guide and Development Plan in order to implement various terms stated in Schedule 3 of the Settlement Term Sheet. 2. Application Submitted. A preliminary PUD Application (the "Application"), consisting of an Amended Planned Unit Development Guide for the Village (at Avon) ("Amended PUD Guide"), was submitted to the Community Development Department of the Town of Avon (the "Town") on March 23, 2012 by Harvey Robertson of RMT Architects, representing the owners of the Village (at Avon) property (the "Applicant"). 3. Determination of Completeness. Pursuant to Avon Municipal Code ("AMC") §7.16.020(c)(1), a determination of completeness was submitted to the Applicant by letter from Matt Pielsticker of the Community Development Department on April 3, 2012, within ten (10) days of the application submittal. The Applicant was informed that items remained outstanding. 4. Town Staff Initial Comments. Town staff provided the Applicant with initial comments on April 27, 2012. A letter from Eric Heil, Town Attorney, provided initial comments regarding title insurance exceptions. Additional comments were provided by Matt Pielsticker of Community Development Department and Justin Hildreth of the Engineering Department. 5. Application Complete. On May 7, 2012 the Application was determined to be complete. 6. Referral to other Agencies. The Amended PUD Guide was referred electronically via the Town's website, www.avon.org/referral to other agencies for review and comment TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 1 of 10 Exhibit D on May 8, 2012 pursuant to AMC §7.16.020(c)(2). The following agencies were notified for referral: Eagle County Planning, Eagle County School District, ECO Trails, Eagle River Water & Sanitation District, Eagle River Fire Protection District, United States Forest Service, Department of Transportation, Eagle County Health Service District, Department of Wildlife, Colorado State Land Board, Colorado Geological Survey, Colorado Mountain College, Eagle -Vail Metropolitan District, Eagle County Sheriff, ECO Transit, Eagle Valley Library District, Upper Eagle Regional Water Authority, Buffalo Ridge Affordable Housing Corporation, Buffalo Ridge II, Xcel Energy, Holy Cross Electric, Comcast, Beaver Creek Metropolitan District, Beaver Creek Property Owners Association, Beaver Creek Resort Company, Vail Resorts, Union Pacific Railroad, and the Public Utilities Commission. Referral comments were due May 29, 2012, twenty (20) days after referral. 7. Staff Comment Letters to Applicant. On May 17, 2012 Matt Pielsticker of the Community Development Department submitted revised Initial Review Comments to the Applicant. On May 21, 2012 Town Engineer Justin Hildreth submitted his second round of comments on behalf of the Engineering Department to the Applicant. 8. Joint Work Session with Town Council. On May 8, 2012 Planning and Zoning Commission ("PZC") and the Town Council held a joint work session for an introductory presentation of the Amended PUD Guide and the Consolidated Amended and Restated Annexation and Development Agreement and overview of the review schedule. Version 8 of the Amended PUD Guide was submitted to both bodies at the May 8, 2012, meeting. 9. Notice of Public Hearing. On May 25, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the June 5, 2012 Planning and Zoning Commission meeting to review the Traer Creek LLC Village (at Avon) Preliminary Planned Unit Development application. 10. Referral Comments Received. Two referral comments were received by the Community Development Department on May 29, 2012, including: A comment letter by Eagle County School District Board signed by President Jeanne McQueeny and a comment letter by Colorado Parks and Wildlife signed by Department Area Wildlife Manager Perry Will. Colorado Parks and Wildlife submitted comments regarding impacts on habitat and wildlife and lack of mitigation measures to reduce the impacts. The Eagle County School District Board submitted comments regarding amendments to the VAA PUD to change the school site dedication requirements. 11. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated June 1, 2012. On May 31, 2012, the Applicant submitted Version 9 of the Amended PUD Guide. Due to the receipt of the Version 9 of the Amended PUD Guide late in the day on May 31, 2012, staff was not able to review the changes in Version 9 and include such changes in the Staff report analysis for the application. At the request of Town staff, the TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 2 of 10 Exhibit D Applicant submitted a memorandum on June 1, 2012 detailing revisions to Version 8 that are reflected in Version 9. The Amended PUD Guide Version 9 was also distributed to Council on June 1, 2012. 12. Preliminary Public Hearing before the Planning and Zoning Commission. On June 5, 2012 the PZC held a public hearing on the Application and reviewed the Application for approximately four (4) hours. The PZC continued the public hearing to June 11, 2012 in order to further review the Application. 13. Applicant Response to Staff Comments. On the morning of June 8, 2012, representatives of the Applicant and Town staff participated in a four (4) hour conference call with the Applicant for the purpose of clarifying, addressing and resolving staff comments. On June 8, 2012 and June 9, 2012 the Applicant submitted memorandums detailing responses to staff comments on Versions 8 and 9. 14. Notice of Public Hearing. On June 8, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the June 19, 2012 Town Council meeting to review the Traer Creek LLC Village (at Avon) Preliminary Planned Unit Development application. 15. Continued Preliminary Public Hearing. On June 11, 2012 the PZC conducted the continued public hearing and continued with further review of the Amended PUD Guide for approximately six (6) hours. At the conclusion of the meeting, PZC noted that PZC was not able to conduct a complete review of the Application but due to the stipulated schedule submitted to the Eagle County District Court, took action to provide recommendations related to Vested Property Rights, School site dedication, Planning Area J, Design Review Board Powers, and Parkland Dedications. The PZC listed sixteen (16) issues that were not addressed given the amount of time afforded. 16. Preliminary Public Hearing with Town Council. On June 19, 2012 the Avon Town Council held a public hearing on the Application and reviewed the Application for approximately five (5) hours. The Council received substantial public input from five (5) members of the public. The Council continued the public hearing to June 26, 2012 in order to further review the Application. 17. Version 10 of PUD Guide. On late June 21, 2012, after business hours, the Town staff received via e-mail Version 10 of the PUD Guide which incorporated numerous revisions as stated in Applicant's memoranda dated June 8 and June 9 and to incorporate responses to other issues discussed at the Planning and Zoning Commission Public Hearings and discussed at the June 19, 2012 public hearing conducted by the Avon Town Council. Town staff was afforded minimal opportunity to review Version 10 of the PUD Guide prior to the June 22, 2012 time for copying and delivering materials to the Avon Town Council and prior the June 26, 2012 Avon Town Council public hearing. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 3of10 Exhibit D 18. Continued Preliminary Public Hearing. On June 26, 2012 the Town Council conducted the continued public hearing and continued further review of the Amended PUD Guide. 19. Review Timeframe, Scope of Changes. The Preliminary PUD Review process and schedule has been reduced from the minimum permitted timeframe allowed in the Avon Municipal Code to accommodate the request of the other litigating parties in order to implement the Settlement Term Sheet. The reduced timeframe for review and public hearings has negatively and adversely affected the ability of the Avon Planning and Zoning Commission, the Avon Town Council and the Avon Town staff to conduct a complete and comprehensive review of the Preliminary Planned Unit Development Application. At the same time, the Preliminary Planned Unit Development application presents numerous and comprehensive changes to all aspects of the Village (at Avon) PUD Guide which greatly exceeds the changes contemplated in the Settlement Term Sheet. 20. Implementation of the Settlement Term Sheet. The application proposes many revisions to the existing PUD Guide and PUD Master Plan which would implement matters set forth in Schedule 3 of the Settlement Term Sheet and at the same time proposes numerous changes the existing PUD Guide and PUD Master Plan which are not directly related to implementing matters expressly identified in Schedule 3 of the Settlement Term Sheet. The Avon Town Council finds that further consideration of proposed revisions to the PUD Guide and PUD Master Plan which are not directly related to implementing matters expressly identified in Schedule 3 of the Settlement Term Sheet may be beneficial to the Avon community to the extent such revisions improve the overall quality of the Village (at Avon) PUD and reduce the potential for future conflicts in the interpretation and administration of the Village (at Avon) PUD. 21. Findings of Fact Related to Specific Aspects of the Application. The Town Council has considered the Staff Report from Matt Pielsticker dated June 15, 2012, public comments, applicant testimony, and makes the following Findings of Fact related to specific aspects of the Preliminary PUD Application: A. Extension to Vested Property Rights. The Planning and Zoning Commission recommended approval of a six year extension of vested property rights along with reasons and conditions stated in the PZC Preliminary PUD Findings and Recommendations. B. School Site Dedication. The Application proposes approximately 3.6 acres in Planning Area I (now referred to as Planning Area E) and the remaining approximately 3.7 acres will be satisfied through future conveyance in Planning Area M (now referred to as Planning Area I). Planning Area E is encumbered by numerous utility easements which reduce the useable acreage of the site and which bisect the TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 4 of 10 Exhibit D usable acreage of the site. The Stone Creek Charter School provided correspondence dated June 5, 2012 and June 13, 2012 which states that the utility easements and encumbrances limit the ability of the school to fully utilize the property. The Eagle County School District provided written comments on May 29, 2012 and oral comments objecting to the split school site proposal. The Planning and Zoning Commission recommended that Council not approve the school site dedications as proposed in the application. C. Planning Area N -South. The application proposes changing a portion of the Community Park in existing Planning Area N (Planning Area N -South) situated adjacent to the northwest corner of the I-70/Post Boulevard interchange side from park use to commercial zoning (proposed Planning Area J) to specifically allow hotel/lodging in addition commercial uses such as gas station, convenience retail, restaurant and similar uses. Due to the construction of the Post Boulevard interchange and Swift Gulch road, existing Planning Area N has become bifurcated by Swift Gulch road which negatively impacts the functionality of Planning Area N as a cohesive regional park site. The location of existing Planning Area N -South adjacent to the I-70 interchange reduces the utility and attractiveness of this area for outdoor park uses. The application proposes to relocate the 5.8 acres park land in proposed Planning Area I, J, and/or K to be determined at the discretion of the developer. The Planning and Zoning Commission recommended approval of the change of use of existing Planning Area N -South from park land to commercial in the PZC Preliminary PUD Findings and Recommendations. Version 10 of the PUD Guide proposes minimum standards to address the planning and siting of park lands in proposed Planning Areas I, J, and/or K. D. Hotel Use for Proposed Planning Area J. Existing road and utility infrastructure exists (assuming construction of water storage tank) to support hotel use. Hotel use adjacent to or in close proximity to the I-70/Post Boulevard interchange is likely to be a viable commercial use. Development of Planning Area J is likely to be very visible from I-70, which presents both opportunities for marketability and commercial viability as well as concerns about design and character of the Town of Avon's primary eastern gateway. E. Road Access to Proposed Planning Area I (current Planning Area M). Planning Area I is currently isolated and surrounding by steep topography, the Eagle River and the Union Pacific Rail Road line. Viable alignments for the construction of a road to access Planning Area I are limited and are complicated by property ownership patterns. Construction of a road across the Forest Service Village Parcel (situated between proposed Planning Area J and proposed Planning Area I) is likely to be highly visible from I-70 and other locations. The amount of cut and fill required for construction of an access road can be reduced by reducing the minimum required TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 5 of 10 Exhibit D road width profile and by constructing a pedestrian/recreation path separately from the road in a manner similar to the Swift Gulch road construction. F. Hillside Density (Proposed Planning Areas K and RMF -1). The existing PUD Guide allows for a maximum of 280 residential units to be served off a cul-de-sac. G. Administrative Subdivision Approval. The PUD Guide permits "Superblocks" and potential building massing which may impact adjoining neighborhoods. The Administrative Subdivision approval process does not set forth a procedure or mechanism to notify the general public or permit public hearing or comment by the general public. H. Maximum Commercial Density. Potential impacts of eliminating the maximum commercial density as currently defined in the PUD Guide have not been fully analyzed and are unknown. I. Municipal Code Exceptions — Exhibit G. The application proposes a new Exhibit G which itemizes specific sections of the Avon Municipal Code which do not apply to the Village (at Avon) project. Exhibit G establishes a new regulatory format along with changes to the Vested Property Rights language and the change to utilize the Avon Municipal Code as exists on the "Effective Date" as defined in the CARADA. The full extent and effect of selective exemptions from sections of the Avon Municipal is not currently understood. The necessity of specifically exempting specific sections of the Avon Municipal Code is also not understood. The duration of the proposed exemptions and the applicability of amendments to the Avon Municipal Code or regulations of general applicability to the Village (at Avon) is also not understood. J. Procedural Modifications and Public Review. The application proposes significant changes to the review procedures and ability of the general public to receive notice of various development applications and have the opportunity to comment. At the same time, the application proposes significant greater flexibility in land uses throughout the Project. Due process is an essential right of the residents and property owners of Avon, including noticed hearings allowing for an informed public to provide input to decision makers. Appropriate opportunities for public awareness and participation in the development application review process often result in identifying potential negative impacts of specific development proposes and potential conflicts between land uses and promotes compatibility between land uses. K. Buffering. Changes in the permitted uses to allow additional commercial uses and expanded commercial uses in Planning Areas A, C, D and F may create additional adverse impacts to adjoining neighborhoods. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 6 of 10 Exhibit D L. Water Allocation Calculation and Tracking. The water rights are described as Single Family Equivalent, which does not conform with the description of consumptive use credits in the Traer Creek Water Storage Tank Agreement, 1997 Water Service Agreement, and the 1999 First Amendment to Water Service and Tap Fee Agreement. The proposed on-going control and approval of water rights allocation by the Master Developer presents unique implications for the administration of the build -out of the Project. M. Wildlife Mitigation Plan. The Town received comments from Colorado Parks & Wildlife which may not accurately assess the potential wildlife impacts of the application. The applicant has proposed revisions in Version 10 of the PUD Guide to further define maximum building envelopes for Planning Area K. N. Master Developer. The definition, role and duration of the "Master Developer" presents long term changes from the current PUD Guide, which changes are not fully understood. O. Subdivision. The application proposes significant changes to the applicable subdivision review criteria and procedures. BASED ON THE FINDINGS OF FACT STATED HEREIN AND BASED ON THE REVIEW CRITERIA SET FORTH IN AVON MUNICIPAL CODE §7.16.060(E)(4), THE AVON TOWN COUNCIL HEREBY APPROVES THE PRELIMINARY PLANNED UNIT DEVELOPMENT APPLICATION WITH THE FOLLOWING CONDITIONS: 1. In accordance with AMC Section 17.16.060(e)(3) the approval of the Village (at Avon) Preliminary Planned Unit Development application shall vest no rights to the applicant other than the right to submit a final PUD development plan. 2. The final PUD development plan application shall be submitted in a complete form to the Town staff at least by noon on Tuesday nine days prior to the Thursday noon deadline for meeting packet for the Planning and Zoning Commission to allow the Town staff adequate time to prepare a complete and comprehensive staff report. 3. The application shall be revised to eliminate any changes which reduce the public review process for all development applications. 4. The application shall be revised to propose an appropriate opportunity for public notice and meaningful public input for administrative subdivisions for Planning Areas A, B, C, D, E, F and J. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 7of10 Exhibit D 5. The application shall be revised to eliminate the administrative subdivision process for Planning Areas K, I and RMF -l. 6. The application shall be revised to eliminate the language regarding water rights tracking and allocation and water rights tracking and allocation shall be addressed in the CARADA. 7. The application shall be revised to conform with the terms in the CARADA where necessary and appropriate. 8. Planning and Zoning Commission shall be afforded the entire 35 day timeframe from the initial public hearing on Final PUD review as set forth in AMC Section 7.16.020(e) if needed to provide a complete recommendation to the Avon Town Council. 9. The Planning and Zoning Commission shall specifically review and provide recommendations on the following matters: a. The effect of revisions to the Vested Property Rights language; the effect of restricting the ability of the Town to apply future amendments of the Avon Municipal Code to the Project; the effect, interpretation and consistency of exempting selected sections of the Avon Municipal Code to the Project as set forth in Exhibit G; and the effect of adopting definitions which replace or supplement definitions in the Avon Municipal Code. b. The effect of changes to the public review process for all development applications in the Village (at Avon). c. The effect of any changes to the scope and authority of the Design Review Board. d. The effect of general changes to the description of use categories for all Planning Areas. e. The specific effect of adding new uses to Planning Areas. L The impact of proposed revisions on existing neighborhoods adjacent to the Project and the effectiveness of any proposed development standards or other methods to mitigate potential negative effects with particular regard to establishing or maintain effective buffers between incompatible uses. g. Planning considerations related to eliminating the residential density for proposed Planning Area I. h. Planning considerations related to the access road to proposed Planning Area I including minimum road development and design standards. i. Planning considerations related to changes the minimum and maximum required percentage mix of residential and commercial uses within Planning Areas A, C, D and F. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 8 of 10 Exhibit D j. The effectiveness of existing and proposed procedures and development standards to address potential conflicts and impacts of various land uses internally within the Project which may arise from proposed revisions to uses. k. The size, shape, location, access and other site characteristics of Planning Area B as relates to its intended use, including the size and use of water features and/or impoundment areas. 1. The effect of proposed revisions and clarifications to address wildlife impacts. Proposed revisions and clarifications shall be forwarded to the Colorado Department of Wildlife for additional comment and review provided that such referral shall not extend or delay the time frame for review by the Planning and Zoning Commission. m. The current and projected capacity of the Eagle County School District and the projected student generation from the Project shall be further analyzed and considered. n. The impact of utility easements and other encumbrances on the usability of Planning Area E and any potential safety issues which arise from the presence of gas utilities. o. The effect of the definition and authority of the Master Developer. p. The effect of water rights allocation and method of tracking and accounting. q. The effect of proposed changes to the definition of residential unit and resident uses for proposed Planning Area K as relates to the total potential traffic impact and emergency vehicle access for development served by a cul-de-sac. r. Planning considerations related to dedication of Open Space Tracts OS -9 and OS -10. s. Planning considerations related to the proposed hotel building height of 135' for Planning Area A and Planning Area I. t. Planning considerations related to the reduced minimum width of current East Beaver Creek Boulevard (proposed "Main Street"). u. Planning considerations related to monument signage. v. Planning considerations related to the impact of Interim Uses and Temporary Uses. w. Planning considerations related to telecommunication uses and definitions. x. Planning considerations related to changes in sign permits. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 9 of 10 Exhibit D y. Planning considerations related to minimum design standards on Planning Area J regarding hotel use. z. Planning considerations related to the impact of easements on Planning Area E and how such easements affect the intended use of Planning Area E. 10. The Planning and Zoning Commission shall review and provide recommendations on such other matters as deemed appropriate during Final PUD Review pursuant to the role, duties and review criteria established in the Avon Municipal Code. 11. The Avon Town Council expressly reserves the right to review any and all aspects of the application for compliance with the applicable review criteria for Final PUD review and approval of the Preliminary PUD shall not be deemed to be a final approval of any aspect of the PUD amendment application. APPROVED BY THE AVON TOWN COUNCIL BY A VOTE OF SEVEN (7) IN FAVOR AND ZERO (0) OPPOSED on July 10, 2012. By: Attest• Rich Carroll, Mayor • Catherine Mythen, Deputy Town Clerk TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT FINAL FINDINGS OF FACT AND RECORD OF DECISION ADOPTED JULY 10, 2012 BY THE AVON TOWN COUNCIL Page 10 of 10 Exhibit E EXISTING/PROPOSED PLANNING AREA COMPARISON TABLES Page 1 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning I A N/A A Area Acres 33 N/A 43 Max 25 DU/Acre Density N/A N/A Density Allowed • Single retail use N/A • Single retail uses less than 65,000 sf. Uses less than 60,000sf • Convenience retail (without fuel) • Residential • Restaurants (without drive-through window service) • Lodging • Financial institutions (without drive-through window service) • Transportation • Residential uses facilities • Mixed use projects (unless use is listed as prohibited or SRU) • Churches • Educational facilities • Museums • Cabled telecommunication equipment, facilities, and services • Libraries • Wireless telecommunication equipment, facilities, and services • Public buildings • Dry utilities • Indoor/Outdoor • Infrastructure recreation • Indoor recreation/entertainment facilities • Entertainment • Outdoor recreation/entertainment facilities without amplified music facilities • Parks and Open space • Parks and Open • Tramways, gondolas, and lifts space • Accessory uses & structures • Day care • Additional uses as determined by Director • Temporary real • Commercial uses: Accommodations units; Animal boarding; Automobile estate offices repair shop (major or minor); Bakeries; Bar and tavern; Barber and beauty shops; • Commercial Bed and breakfast; Beverage stores/Coffee shops; Bus stop; Business and uses: Retail stores; professional offices; Cabled telecommunications equipment; Cabled Professional offices telecommunications facilities; Cabled telecommunications services; Car wash (as and businesses; the principal use); Child care center; Churches; Cinema; Clinic, Intermediate Banks and financial medical care facility (i.e., out-patient services only); Clothing stores; Community institutions; Personal facilities; Commercial offices; Commercial parking; Convenience retail; services; Food and Department stores; Domesticated animal grooming; Drive-in uses; Employment beverage agency; Extended stay hotel; Family child care home; Grocery store; Group establishments; Clubs home; Financial institutions; Fitness centers and health clubs; Furniture stores; and recreation; Hardware stores; Hotel, motel and lodge; Home occupations, minor and major; Entertainment uses. Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; Indoor entertainment facility; Indoor storage; Kennels; Laboratory; Landscaping and snow removal services; Laundromat/dry cleaning; Medical marijuana businesses; Medical and dental offices; Meeting facility; Newspaper and commercial printing shops; Nude entertainment establishments; Nursery or garden supply; Outdoor storage; Professional offices; Real estate sales offices; Photocopy and blueprint businesses; Public facilities; Private parking; Public parking; Recycling facility; Recycling processing facility; Repair shops, Small electronics repair; Restaurants; Retail sales, specialty and gift shops; Ski tuning; Bike assembly; Service and social clubs; Service stations; Studios (music, dancing, photography, movie, art and broadcasting); Tailor, seamstress, clothing alterations; Tattoo parlor, body piercing; Temporally divided dwelling; Theaters; Trade schools and colleges; Transit shelter; Wireless telecommunications equipment; Wireless Page 1 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 2 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide telecommunications facilities; Wireless telecommunications services; Vacation clubs; Uses which the Director determines to be similar. SR Us • Medical facilities N/A • Single use retail over 65,000 sf. • Education • Automobile repair shop (minor) • Emergency • Outdoor entertainment with amplified sound heliport • Heliport only as an accessory use to a hospital or medical facility • Outdoor • Hotel uses which exceed 80 feet in building height entertainment • Car wash • Drive-in uses • Religious facility • Service station for electric vehicles • Restaurants (with drive-through window service). • Financial institutions (with drive-through window service) • Rec ch g facilities (excepted as permitted in uses by right) Accessory N/A N/A • Animal boarding/Kennel (excluding outdoor) Uses • Outdoor storage • Heli ort for hospital or other medical faciliti Interim N/A N/A • Agricultural Uses • Rodeo and ancillary carnival • Recycling facility • Snow storage • Mobile home office and storage • Community garden • Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales, not to exceed 10 days/year Prohibited N/A N/A • Animal boarding/Kennels (outdoor) Uses • Automobile repair shop (major) • Family child care home • Group home • Industrial uses • Mobile homes • Medical marijuana businesses • Nude entertainment establishments • Outdoor storage (except as allowed under Use -by -right) • Recycling processing facility • Service station (except as allowed under SRU) • Tattoo arlor, body piercing Height 80' north of E N/A • 80' north of Main St. Beaver Creek Blvd • 135' north of Main St. (Hotel Only) • 55' south of E • 55' south of Main St. Beaver Creek Blvd Setbacks 20' from E Beaver N/A 20' from West and South Boundaries Creek Blvd & N, S, and W boundaries of area Site N/A N/A 80% Coverage Page 2 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 3 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning B9 C B9 C B A rea Acres 4.1 combined N/A 4.1 Max 14 Dwelling Units N/A N/A Density Maximum Allowed • Cultural, • Work with • Parks and Open space Uses Recreational, and TCMD for • Community facilities Educational pond/ • Infrastructure including: impoundment • Dry utilities Performing arts, water feature • Water storage and water resource management facilities outdoor for water amphitheaters; augmentation Museums and purposes galleries; Community meeting facilities; Classrooms; Libraries; Accessory Retail; Day Care • Accessory employee housing • Temporary real estate offices • Public/Private roads & utilities • C only: Ice skating SR Us None N/A • Outdoor entertainment with amplified sound Accessory N/A N/A N/A Uses In terim N/A N/A • Snow storage Uses Prohibited N/A N/A • Commercial uses Uses • Residential uses • Industrial uses • Mixed use projects (except as allowed under Use -by -right) Height 60' + Architectural N/A 60 feet Pro j ections Setbacks 20' from E. Beaver N/A • 25' from adjacent road right-of-way Creek Blvd & N,S, • 20' from Planning area A and W boundaries of area Site Not Defined N/A 20% Coverage Page 3 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 4 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning �j FN/AC9 D A rea Acres 28.2 combined N/A 39 combined Max 18 DUs/Acre N/A 18 DUs/Acre Density Allowed • Residential uses N/A • Residential uses Uses • Temporary real • Single retail uses under 5,000 SF estate offices • Community facilities • Public/Private • Ben and breakfast, vacation club, temporally divided dwellings and transportation short-term rentals • Bus, rail, • Mixed use projects (unless use is listed as prohibited or SRU) tramways, gondola • Commercial parking, private parking, public parking including but not • Public/Private limited to parking structure, bus stops, bus shelters, tramways, gondolas utilities and lifts • Indoor/Outdoor • Cabled telecommunication equipment, facilities, and services recreation/ • Wireless telecommunications equipment, facilities, and services entertainment • Infrastructure facilities • Dry utilities • Parks and Open • Indoor recreation and entertainment facilities space • Outdoor recreation and entertainment facilities without amplified sound • Accessory uses • Parks and Open space • Minor home occupations • E if g • Accessory uses and structures E. Beaver Creek • Additional uses as determined by Director Blvd: Commercial • Commercial uses: Accommodations units; Animal boarding; Automobile uses: Retail stores; repair shop (major or minor); Bakeries; Bar and tavern; Barber and beauty shops; Professional offices Bed and breakfast; Beverage stores/Coffee shops; Bus stop; Business and and businesses; Banks and financial professional offices; Cabled telecommunications equipment; Cabled institutions; Personal telecommunications facilities; Cabled telecommunications services; Car wash (as services; Food and the principal use); Child care center; Churches; Cinema; Clinic, Intermediate beverage medical care facility (i.e., out-patient services only); Clothing stores; Community establishments; Clubs facilities; Commercial offices; Commercial parking; Convenience retail; and recreation; Department stores; Domesticated animal grooming; Drive-in uses; Employment Entertainment uses. agency; Extended stay hotel; Family child care home; Grocerystore; Group home; Financial institutions; Fitness centers and health clubs; Furniture stores; • D only: Hardware stores; Hotel, motel and lodge; Home occupations, minor and major; Pedestrian bridges Hospitals, long-term care facilities and other medical facilities including, but not • D only: Lodging limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; Indoor entertainment facility; Indoor storage; Kennels; Laboratory; Landscaping and snow removal services; Laundromat/dry cleaning; Medical marijuana businesses; Medical and dental offices; Meeting facility; Newspaper and commercial printing shops; Nude entertainment establishments; Nursery or garden supply; Outdoor storage; Professional offices; Real estate sales offices; Photocopy and blueprint businesses; Public facilities; Private parking; Public parking; Recycling facility; Recycling processing facility; Repair shops, Small electronics repair; Restaurants; Retail sales, specialty and gift shops; Ski tuning; Bike assembly; Service and social clubs; Service stations; Studios music, dancing, photography, movie, art and broadcasting); Tailor, Page 4 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 5 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide seamstress, clothing alterations; Tattoo parlor, body piercing; Temporally divided dwelling; Theaters; Trade schools and colleges; Transit shelter; Wireless telecommunications equipment; Wireless telecommunications facilities; Wireless telecommunications services; Vacation clubs; Uses which the Director determines to be similar. SR Us E&F: N/A • Single retail uses over 5,000 SF • Lodging • Hospitals, long-term care facilities and other medical facilities up to a • Medical maximum of 80 feet of building height • Educational • Heliport if accessory to hospital or other medical facility facilities • Churches, museums, libraries and public buildings • Churches • Car wash • Museums • Drive-in uses • Heliport • Religious facilities • Outdoor • Convenience retail (with fuel) entertainment • Restaurants (with drive-through window service) • Financial institutions (with drive-through window service) • Major home occupations • C only: Mixed use projects (unless use is listed as prohibited) • C only: Hotel, motel, lodge • D only with Main street frontage: Automobile repair shops (minor) • D only with Main street frontage: Educational facilities • D only with Main street frontage: Outdoor entertainment with amplified sound Accessory N/A N/A Outdoor storage if accessory to retail use Uses Interim N/A N/A • Agricultural use Uses • D only: Recycling facility and accessory trash facility Prohibited N/A N/A • Automobile repair shops (major) Uses • Outdoor Animal boarding/Kennels • Industrial uses • Mobile homes • Medical marijuana businesses • Nude entertainment establishments • Outdoor storage (except as allowed by SRU) • Recycling processing center • Service stations • Tattoo arlor, body piercing Height 48 feet N/A 48 feet, but Hospitals and other medical facilities up to 80 feet as allowed but SRU Setbacks • 25' Front N/A • 25' Front • 0' Side • 0' Side • 10' Rear • 10' Rear • 20' from south boundary of Planning area D Site Not Defined N/A 80% Coverage Page 5 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 6 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning G I, M E, I (school site dedication only, see I for additional standards) A rea Acres 7.3 3.6 (I), 3.7 4 (3.52 according to Plat + Balance in Planning Area 1) (M) Max N/A N/A N/A Density Allowed • Educational • I only: • Educational uses Uses • Recreational Stone Creek • Child care facilities • Public/Private Charter • Pre-school facilities roads/utilities school • Community facilities • Parks and Open • M only: • Adult educational facilities space Educational . Cultural and/or art classes • Day care facilities facility • Recreational facilities serving K- . Museums 12 or portion e Infrastructure of such . Dry utilities grades e Other cultural/community service oriented uses and facilities • Pre- school, day care, community educational, cultural, and/or art classes, museum, or recreational SR Us N/A N/A N/A Accessory N/A N/A N/A Uses Interim N/A N/A • Agricultural use Uses Prohibited N/A N/A N/A Uses Height 35 feet + N/A 35 Feet Architectural Pro' ections Setbacks . 25' Front N/A • 25' Front • 7.5' Side • 7.5' Side • 10' Rear • 10' Rear Site Not Defined N/A 80% Coverage Page 6 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 7 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning H J K N/A F, G H A rea Acres 41.5 N/A 41 Max 15 DUs/Acre N/A 18 DUs/Acre Density Allowed • Residential N/A • Residential uses Uses • Public/Private • Mixed use projects (unless use is listed as prohibited or SRU) transit/parking • Educational facilities • Public/Private • Community facilities roads/utilities • Cabled telecommunication equipment, facilities, and services • Churches, • Wireless telecommunications equipment, facilities, and services museums, libraries • Infrastructure • Public buildings • Dry utilities • Indoor/Outdoor e Bus stops, shelters, tramways, gondolas, and lifts recreation • Churches, museums, libraries, and public buildings • Parks and Open e Indoor recreation and entertainment facilities without amplified sound space • Outdoor entertainment facilities with amplified sound • Temporary real • Outdoor recreation and entertainment facilities without amplified sound estate offices • Parks and Open space • Entertainment • Child care center facilities e Indoor Animal boarding/Kennels • Commercial uses: e F only: Recycling Facility Retail stores; Professional offices . F only: Heliport if accessory to a hospital or other medical facility and businesses; • Accessory uses and structures Banks and financial • Additional uses as determined by Director institutions; Personal • Commercial uses: Accommodations units; Animal boarding; Automobile services; Food and repair shop (major or minor); Bakeries; Bar and tavern; Barber and beauty shops; beverage Bed and breakfast; Beverage stores/Coffee shops; Bus stop; Business and establishments; Clubs professional offices; Cabled telecommunications equipment; Cabled and recreation; telecommunications facilities; Cabled telecommunications services; Car wash (as Entertainment uses. the principal use); Child care center; Churches; Cinema; Clinic, Intermediate medical care facility (i.e., out-patient services only); Clothing stores; Community • J&K: Lodging, facilities; Commercial offices; Commercial parking; Convenience retail; no more than 2 Department stores; Domesticated animal grooming; Drive-in uses; Employment retail stores not to agency; Extended stay hotel; Family child care home; Grocery store; Group exceed 60,000sf home; Financial institutions; Fitness centers and health clubs; Furniture stores; • K only: Service Hardware stores; Hotel, motel and lodge; Home occupations, minor and major; commercial uses Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; Indoor entertainment facility; Indoor storage; Kennels; Laboratory; Landscaping and snow removal services; Laundromat/dry cleaning; Medical marijuana businesses; Medical and dental offices; Meeting facility; Newspaper and commercial printing shops; Nude entertainment establishments; Nursery or garden supply; Outdoor storage; Professional offices; Real estate sales offices; Photocopy and blueprint businesses; Public facilities; Private parking; Public parking; Recycling facility; Recycling processing facility; Repair shops, Small electronics repair; Restaurants; Retail sales, specialty and gift shops; Ski tuning; Bike assembly; Service and social clubs; Service stations; Studios music, dancing, photography, movie, art and broadcasting); Tailor, Page 7 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 8 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide seamstress, clothing alterations; Tattoo parlor, body piercing; Temporally divided dwelling; Theaters; Trade schools and colleges; Transit shelter; Wireless telecommunications equipment; Wireless telecommunications facilities; Wireless telecommunications services; Vacation clubs; Uses which the Director determines to be similar. SR Us • Medical facilities N/A • Service station • Educational • Outdoor Animal boarding/Kennels • Emergency • G and H only: Heliport only as an accessory use to a hospital or heliport medical facility • Amplified sound • H only: Lumber sales and yard, service, auto repair, car wash • J only: Service commercial uses Accessory N/A N/A N/A Uses Interim N/A N/A . Agricultural use Uses • Construction staging Prohibited N/A N/A • Heavy industrial uses Uses • Medical marijuana businesses • Nude entertainment establishments • Automobile repair shops (major) • Family child care home • Group home • Mobile home • Recycling processing center • Tattoo arlor, body piercing Height • 48' N/A • 80' Hospital • 35' SF/ Duplex • 48' Commercial/MF Residential/Mixed-Use/Industrial • H Only: 42' • 35' SF/Duplex Setbacks • 25' Front N/A • 25' Front • 7.5' Side • 0' Side (Commercial/Mixed use projects); 7.5' Side • 10' Rear (Industrial/Residential) • 20' adjacent to • 10' Rear Railroad • 20' abutting 170 or Railroad ROW Site Not Defined N/A 80% Coverage Page 8 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 9 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning M M I A rea Acres 47.7 N/A 57 Max 15 DUs/Acre N/A Unlimited; not less than 196,970 GSF of commercial and 855 DUs, but no Density commercial and a maximum of 280 DUs until a second access is constructed Allowed e Residential • Portion or • Residential uses Uses e Public/Private all of 5.8 • Mixed use projects (unless use is listed as prohibited or SRU) transit/parking acre park . Educational facilities • Public/Private land from N- . Community facilities roads/utilities South used e Cabled telecommunication equipment, facilities, and services • Churches, for park, e Wireless telecommunications equipment, facilities, and services museums, libraries trail head, e Infrastructure • Public buildings g trail Dry utilities • Indoor/Outdoor connections, e Bus stops, shelters, tramways, gondolas, and lifts recreation dog park, natural park e Churches, museums, libraries, and public buildings • Entertainment • PUD Plan 'Indoor recreation and entertainment facilities without amplified sound facilities amended to • Outdoor entertainment facilities with amplified sound • Commercial uses: de depict road o 'Outdoor recreation and entertainment facilities without amplified sound Retail stores; Professional offices ac ict ' Parks and Open space and businesses; Planning e Child care center Banks and financial Area M. • Indoor Animal boarding/Kennels institutions; Personal • Road to be • Recycling Facility services; Food and narrowed • Heliport if accessory to a hospital or other medical facility beverage two lane • Pedestrian and vehicular bridges, bridge abutments and related establishments; Clubs profile with improvements and recreation; Entertainment uses. ability to • Automobile repair shops (major and minor) construct . Light industrial uses separated . Accessory uses and structures pedestrian/ . Additional uses as determined by Director recreational • Commercial uses: Accommodations units; Animal boarding; Automobile trail repair shop (major or minor); Bakeries; Bar and tavern; Barber and beauty shops; Bed and breakfast; Beverage stores/Coffee shops; Bus stop; Business and professional offices; Cabled telecommunications equipment; Cabled telecommunications facilities; Cabled telecommunications services; Car wash (as the principal use); Child care center; Churches; Cinema; Clinic, Intermediate medical care facility (i.e., out-patient services only); Clothing stores; Community facilities; Commercial offices; Commercial parking; Convenience retail; Department stores; Domesticated animal grooming; Drive-in uses; Employment agency; Extended stay hotel; Family child care home; Grocery store; Group home; Financial institutions; Fitness centers and health clubs; Furniture stores; Hardware stores; Hotel, motel and lodge; Home occupations, minor and major; Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; Indoor entertainment facility; Indoor storage; Kennels; Laboratory; Landscaping and snow removal services; Laundromat/dry cleaning; Medical marijuana businesses; Medical and dental offices; Meeting facility; Newspaper and commercial printing shops; Nude entertainment establishments; Nursery or garden supply; Outdoor storage; Professional offices; Page 9 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 10 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Real estate sales offices; Photocopy and blueprint businesses; Public facilities; Private parking; Public parking; Recycling facility; Recycling processing facility; Repair shops, Small electronics repair; Restaurants; Retail sales, specialty and gift shops; Ski tuning; Bike assembly; Service and social clubs; Service stations; Studios (music, dancing, photography, movie, art and broadcasting); Tailor, seamstress, clothing alterations; Tattoo parlor, body piercing; Temporally divided dwelling; Theaters; Trade schools and colleges; Transit shelter; Wireless telecommunications equipment; Wireless telecommunications facilities; Wireless telecommunications services; Vacation clubs; Uses which the Director determines to be similar. SR Us • Medical facilities, N/A • Service station emergency heliport, • Outdoor Animal boarding/Kennels educational • Hotel Uses exceeding 80 feet in building height • Amplified sound Accessory N/A N/A N/A Uses Interim N/A N/A • Agricultural use Uses • Construction staging Prohibited N/A N/A • Heavy industrial uses Uses • Medical marijuana businesses • Nude entertainment establishments Height e 48' N/A • 135' Hotel uses subject to SRU approval • 35' SF/Duplex • 80' Hospital • 48' Commercial/MF Residential/Mixed-Use/Industrial • 35' SF/Duplex Setbacks • 25' Front N/A • 25' Front • 7.5' Side • 0' Side (Commercial/Mixed use projects); 7.5' Side • 10' Rear (Industrial/Residential) • 10' Rear • 20' abutting 170 or Railroad ROW Site Not Defined N/A 80% Coverage Page 10 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 11 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning RMF -1 / RMF -1/ J A rea N -South N -South Acres 35.1/5.8 N/A 37 409 combined Max 6 DUs/Acre / N/A 18 DUs/Acre Density N/A Allowed RMF -1 • Commercial • Residential uses Uses • Residential zoning • Mixed use projects (unless use is listed as prohibited or SRU) • Professional • Hotel • Automobile repair shops (minor) office • Lodging • Community facilities • Personal service • Gas station • Cabled telecommunication equipment, facilities, and services • Food and • Convenience • Wireless telecommunications equipment, facilities, and services beverage retail • Infrastructure • Recreational • Restaurant • Dry utilities facilities • Similar uses • Bus stops, shelters, tramways, gondolas, and lifts • Temporary real • Portion or all • Recreational facilities estate office of 5.8 acre • Parks and Open space • Public/Private park land from • Accessory uses and structures roads N -South used . Additional uses as determined by Director • Parks and Open for park, trail . Commercial uses: Accommodations units; Animal boarding; Automobile space head, trail repair shop (major or minor); Bakeries; Bar and tavern; Barber and beauty • Commercial uses: connections, shops; Bed and breakfast; Beverage stores/Coffee shops; Bus stop; Business Retail stores; dog park, and professional offices; Cabled telecommunications equipment; Cabled Professional offices natural park telecommunications facilities; Cabled telecommunications services; Car wash and businesses; (as the principal use); Child care center; Churches; Cinema; Clinic, Banks and financial Intermediate medical care facility (i.e., out-patient services only); Clothing institutions; Personal stores; Community facilities; Commercial offices; Commercial parking; services; Food and Convenience retail; Department stores; Domesticated animal grooming; Drive - beverage in uses; Employment agency; Extended stay hotel; Family child care home; establishments; Clubs Grocery store; Group home; Financial institutions; Fitness centers and health and recreation; clubs; Furniture stores; Hardware stores; Hotel, motel and lodge; Home Entertainment uses. occupations, minor and major; Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate N -South care facilities, independent and assisted living facilities and nursing homes; • Trails Indoor entertainment facility; Indoor storage; Kennels; Laboratory; • Landscaping Landscaping and snow removal services; Laundromat/dry cleaning; Medical • Indoor/Outdoor marijuana businesses; Medical and dental offices; Meeting facility; Newspaper and commercial printing shops; Nude entertainment establishments; Nursery or recreation garden supply; Outdoor storage; Professional offices; Real estate sales offices; • Lakes, ponds, Photocopy and blueprint businesses; Public facilities; Private parking; Public reservoirs parking; Recycling facility; Recycling processing facility; Repair shops, Small • Parks, picnic electronics repair; Restaurants; Retail sales, specialty and gift shops; Ski facilities tuning; Bike assembly; Service and social clubs; Service stations; Studios • Public/Private (music, dancing, photography, movie, art and broadcasting); Tailor, roads seamstress, clothing alterations; Tattoo parlor, body piercing; Temporally divided dwelling; Theaters; Trade schools and colleges; Transit shelter; Wireless telecommunications equipment; Wireless telecommunications facilities; Wireless telecommunications services; Vacation clubs; Uses which the Director determines to be similar. Page 11 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E SR Us RMF -1 N/A • Churches, museums, libraries and public buildings • Churches • Child care center • Museums • Libraries • Day Care N -South — N/A Accessory N/A N/A N/A Uses In terim N/A N/A • Agricultural use Uses Prohibited N/A N/A • Automobile repair shops (major) Uses • Medical marijuana businesses • Nude entertainment establishments • Tattoo parlor, body piercing Height RMF -1 N/A • 48' Commercial/MF Residential/Mixed-Use/Industrial • 48' • 35' SF/Duplex • 35' SF/Duplex N -South — 35' Setbacks RMF -1 N/A • 20' Front • 20' Front • 0' Side (Commercial); 10' Side (Residential) • 10' Side/Rear • 10' Rear • Adjacent to 1-70: • 20' abutting 170 ROW 20' N -South — N/A Site Not Defined • Adjustable 80% Coverage by Traer appropriate for this site • Design requirements enforced at building permit Page 12 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 13 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning Res - SF Hillside K A rea area Acres 916.4 N/A 1,302 Max • 91 Primary • Amended • 280 DUs for Planning Area K and RMF -1 (Primary/Secondary DUs Density • 91 Secondary to increase to are considered 1 DU) • 1 Caretaker on Lot maximum • Minimum lot area is 1 acre 1 amount of • 98 Multi -family units allowed maximum on cul-de-sac • No minimum lot • Supersede area TOA standards from 2011 Allowed Lot 1: • Portion or • Residential uses Uses • HOA, clubhouse, all of 5.8 acre • Cabled telecommunication equipment, facilities, and services recreational facilities park land • Wireless telecommunications equipment, facilities, and services • Public/Private from N -South • Infrastructure roads/utilities used for park, • Dry utilities • Temporary real trail head, • Recreational facilities estate office trail • Parks and Open space Lots 6-96: connections, . public facilities • SF residential dog park, • Community facilities • Primary/secondary natural park . Accessory uses and structures structure • Additional uses as determined by Director • Temporary real estate office SR Us N/A N/A N/A Accessory N/A N/A N/A Uses Interim N/A N/A • Agricultural use Uses Prohibited N/A N/A • Commercial Uses Uses • Industrial Uses Height 35' +Non -habitable N/A • 48' MF residential Architectural • 35' SF/Duplex/HOA amenities and Community facilities Projections Setbacks • 20' for Lot 1 only N/A • 25' Front • 70% of footprint • 20' Side within building • 20' Rear envelope • 20' for Lot 1 only Site Not Defined N/A • SF: Lesser of 1 acre of lot or 80% of lot Coverage • Other uses: building envelope Page 13 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 14 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning OSI -11 OS9-10 Open Space A rea Acres 499.9 OS9-10 518 (134 from OS -1 — OS -7 and 384 Minimum from K) dedicated to Town at time of platting Area M Max N/A N/A N/A Density Allowed • Equestrian, • Open • Equestrian, pedestrian and bicycle trails Uses pedestrian and space • Landscape improvements bicycle trails purposes • Cabled telecommunication equipment, facilities, and services • Landscape Easement • Wireless telecommunications equipment, facilities, and services improvements allowing • Infrastructure • Public/private construction e Dry utilities roads/ utilities, of bridge and e Snow storage except in OS 10 bridge e Public or private roads and utilities shall be generally abutments e OS1-5,7 only: Lakes, ponds, reservoirs and irrigation ditches n/s axis • OS1-5,7 only: Park and picnic facilities and related parking • 0Sl-OS9 — • OS5-6 only: Community Facilities Lakes, ponds, • OS5-6 only: Recreational uses including public river access reservoirs, irrigation ditches, • OS5-6 only: Pedestrian and vehicular access, roads, bridges, bridge park and picnic abutments, and related improvements facilities SR Us • OS -10: Lakes, N/A • OS6 only: Lakes, ponds, reservoirs and irrigation ditches ponds, reservoirs • OS6 only: Park and picnic facilities and related parking • Park/Picnic facilities • Public/Private roads/utilities Accessory N/A N/A N/A Uses Interim N/A N/A • Agricultural use Uses Prohibited N/A N/A All uses not allowed by right or SRU Uses Height N/A N/A N/A Setbacks N/A N/A N/A Site Not Defined N/A N/A Coverage Page 14 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 15 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning N L N/A PFI -3 A rea Acres varies N/A 4 (PF 1), 2 (PF2), and 13 (PF3) Max N/A N/A N/A Density Allowed • Area N- N/A • Public facilities Uses Community park • Landscape improvements uses • Infrastructure • Regional • Dry utilities commercial uses • PF2-3 only: Emergency services facilities • PF2-3 only: similar uses and services as determined by Director SR Us • Medical facilities N/A • Lakes, ponds, reservoirs and irrigation ditches • Educational • Park and picnic facilities and related parking facilities • Emergency heliport • Outdoor entertainment Accessory N/A N/A N/A Uses Interim N/A N/A • Agricultural use Uses Prohibited N/A N/A All uses not allowed by right or SRU Uses Height • Area N — 35' + N/A • PF1 only: 48 feet Projections • PF2-3 only: 35 feet • Area L — 48' Setbacks N/A N/A N/A Site Not Defined N/A • N/A Coverage • Minimum landscaped area: 20% Page 15 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 16 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning RMF -3 N/A RMF -1 A rea Acres 16.3 N/A 27 Max 6 DUs/Acre N/A 6 DUs/Acre Density Allowed • Residential N/A • Residential uses Uses • Child care • Community facilities • Residential • Bed and breakfast, vacation club, temporally divided dwellings and facilities short-term rentals • Residential • Infrastructure management office • Dry utilities • Temporary real • Recreational facilities estate office • Temporary real estate offices and construction offices • Public/Private • Residential management office roads/utilities • Accessory Uses and structures • Accessory uses • Additional uses as determined by Director SR Us N/A N/A • Preschool, nursery school, in-home child care, child care center • Group home • Commercial parking, private parking, and public parking • Bus Stops, shelters, tramways, gondolas, lifts • Cabled telecommunication equipment, facilities, and services • Wireless telecommunications equipment, facilities, and services Accessory N/A N/A N/A Uses Interim N/A N/A • Agricultural use Uses Prohibited N/A N/A • Commercial uses except as allowed by right or SRU Uses • Industrial uses • Mobile homes Height • 48' Multi -family N/A • 48 feet (Commercial/MF Residential) • 35' SF/Duplex + • 35 feet (SF/duplex) Arch Projections Setbacks 20' from 1-70 ROW N/A • 20' Front • 10' Side • 10' Rear Site Not Defined N/A • 80% Coverage • Minimum landscaped area: 20% Page 16 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit E Page 17 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Current Settlement Proposed (Version 14) Term Sheet Planning RMF -2 N/A RMF -2 A rea Acres 43.6 N/A 39 Max 12 DUs/Acre N/A 12 DUs/Acre Density Allowed • SF, Duplex, N/A • Residential uses Uses Multi -family • Community facilities • Child care • Bed and breakfast, vacation club, temporally divided dwellings and • Recreational short-term rentals • Infrastructure facilities .Dry utilities • Residential • Recreational facilities management offices • Temporary real estate offices and construction offices • Temporary real • Residential management office estate offices • Accessory Uses and structures • Public/Private • Additional uses as determined by Director roads/utilities • Pedestrian bridges SR Us N/A N/A • Preschool, nursery school, in-home child care, child care center • Group home • Commercial parking, private parking, and public parking • Bus Stops, shelters, tramways, gondolas, lifts • Cabled telecommunication equipment, facilities, and services • Wireless telecommunications equipment, facilities, and services Accessory N/A N/A N/A Uses Interim N/A N/A • Agricultural use Uses Prohibited N/A N/A • Commercial uses except as allowed by right or SRU Uses • Industrial uses • Mobile homes Height • 35' SF or Duplex N/A • 48 feet (Commercial/MF Residential) • 48' Other Uses • 35 feet (SF/duplex) Setbacks 20' from I-70 ROW N/A • 20' Front • 10' Side • 10' Rear Site Not Defined N/A • 80% Coverage • Minimum landscaped area: 20% Page 17 Tables Comparing Existing and Proposed Planing Areas Ver 14 PUD Guide Exhibit F The Village (at Avon) PUD Development Plan Municipal case: Approval of this plan costhutes a vested Property Tight, pursuant to Article 68 of Titic 24. C. R. S, as amended, s. D,i19y,n�I sa indicates a 2uilding Envelopo Lacanian, 6Unleas morn Dualling Units are approved by wl%tquercr amendmoat to this I7evelopmanl plan, the total amatbar of residential Dwellera Units widnin P["ng Area R1v1F-1 will aunt exceed 154.73 LAND USE Residentiala AMU J,OF4lTP MAXALLOWED QWATTY.DU'ACRE MAX.AUOY&D ResidentialAA=r 33,0 np slTe a n>3�ISIrv. nulADrz>: �0 Residential lSingle Family 516.4 51.2% 1 primeryll secondary Lm 1 96 PROJECT TOTAL � IM Skating) Events Center residenua pat Icl RMF -1 ResidefidallMuld-Family 31,5 1.13% 6 du/acro RMF -2 Residential l Multi -Family 43,6 2.4% 12 dulacre RMF -3 Residoutial I Multi -Family 163 09% 6 du/ocro Subtotal 1097,8 56.3% 0.5% Parks and Open Space - Schaal 7.3 - Area N • Community Park 29.0 1,6% Neighborhuud Center -Open Space 499,9 2194'9 No. 1 PUD Development Plan AdndalatrativeAmendment No. t to The Village (at Avon) P.U.D. Development Plan/ Oel 4uaeaR OS11 5,7 0,3% 15 du/acre Sketch Plan dated October 9,1998 ns shown an document recorded July 31, 2001 as Reception No, 763439 -Parkland C -I dvaughPS 15,7 99% 8.4 4enhtntal 546 30.4% Regional Commercial Residentiala AMU J,OF4lTP MAXALLOWED QWATTY.DU'ACRE 0.21/a 15 dulacre I -.._M Village Center 33,0 1,8% 25 dulncre Subtotal 66.0 17% l]<f04 B cultural I Recreational 2.4 0.1% 10 dulacre PROJECT TOTAL � IM Skating) Events Center 1.7 011% 4 du/nere Are®l7 VillageResidantial 13.2 0,7% 18 du/ace Area El VillageResidatfial 5.5 0.3% 18 dulacre Arta F VillageRasidm6s] 95 0.5% 1.8 dulaarc - Schaal 7.3 0.4% ADMINISTRATIVE AMENDMENTS: Neighborhuud Center 3.2 012°x6 L5 du/acre No. 1 PUD Development Plan AdndalatrativeAmendment No. t to The Village (at Avon) P.U.D. Development Plan/ Neighborhood Center 5,7 0,3% 15 du/acre Sketch Plan dated October 9,1998 ns shown an document recorded July 31, 2001 as Reception No, 763439 No. 2 PUD Guide Administrative Amendment No. 2 to recorded January 19.20162 as Reception No. 786254 ® Rogional Cernmercial 8.4 O.S% 15 dulacra No. 3 PUD Unide Administrative Amendenoat No. 3 to recordcd May 15, 2002 as Reception No. 795806 Regional Commercial 2919 1,7% IS dliuro No. 4 FGD Guide Administrative Amendment No. 4 to recorded May 15, 2002 as Reception No. 795805 R.Ditd WOM Ares L Regional Ccmmeroiol 4,0 0.21/a 15 dulacre Road R, 0 W. 66.0 3.7% AIN M Regional Commercial 47.7 2.7% 15 du/acre Subtotal 66.0 17% Subtotal 171.5 9.6% PROJECT TOTAL 1789.9 IDD% 7A00 maximum' P.U.D. DEVELOPMENT PLANS: No. I Tho VBfage (at Avon) PUD Development Plan, Town of Avon Ordinance No. 98-14. Recorded November 25,1999 as Reception No, 677740 TOWN CERTIFICATE (PUD MAP AMENDMENT) THIS PUD MAP AMENDMENT 15 APPROVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, 'STATE OF COLORADO THIS 23RD DAY OF JANUARY 2007, SUBJECT TO THE FINDINGS AND CONDITIONS OF ORDINANCE NO. 06-17. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON BY: MAYOR f f TNCt � P ra y; Prapared tor: EMDLIMITF:nLI MnyCONTANY E7 - " ;k andTRAERMEKLLc �J I'rolxuedlny: VAG, Irrc AisctarrEcrs aroarn UA�g ,,roc. 47x,949,704 The Village (at Avon) PUD Master Plan Formal Amendment Two -Version 11 DRAFT Town of Avon, Colorado Future Pedestrian Path LAND USE OS1 ------------------ F2\ USFS Parks, Open Space and Public Facilities OS - Natural Open Space OS1 - OS7 P1 - Parkland P2 - Parkland P3 - Parkland PF1 - Public Facility PF2 - Public Facility PF3 - Public Facility OS2 PF3 OS2 PF2 �OS3,& P2 H �\ OS4I M a aim Nam. W-PF1i' .4le River Acres Planning Areas 155 - A - Village Center Mixed Use Project 4 B - Community Facilities 2 13 4 1 1 -------------------------------------------------------------------------- SUBTOTAL 180 Roads and Hydrology Constructed Roads - — - Temporary Roads ---- Conceptual Roads Nottingham Puder Ditch -------------------------------------------------------------------------- S U BTOTAL 0 Exhibit G / 119 109 120 — --� 96 / 97 i 1 R 86 �110�/ 121Igp ��-� 82 / l �� ♦ 94 1 ♦ 117 76 I ( 78 ��� 81 ��1 % 87 1 ,� 85 95/� 1 1 ♦�` j 1 h� ♦ K ♦ �� /� 83 ♦�.�� 93 I / I; ��., 111 �� 122 116 FRMF1 84 91 92 % I r1 ♦♦ 1 67 75 77 / 88 �� I 105 / 1 115 �N'.� ��s��� ♦ - 1 f 101 1 106 108 112 1 68 % 53 ��73 89 / / % 107 1 69 .�74 -01 90 / / t� 114 1 -L,,-F4811152I %66 70 72 I t 113 40 I _rv\ I 157 ♦ 65 \ 63 71 1 1 K r. 41 47 /51 1 ♦ � 1 < < 46 1 58 ��64 j 62 1 I 104 39 1 i� 150 54� 59 38/ 35 142 45 1\ 55 56 60 61 1 34 ♦ 44\ , 49 I I ♦ K 1 103 II 37 36 33`� 4 ��3 0 2 9 28 27 26 �J \.. 1 32 , 16 31 `N22 23 ,�24 25 17 /� 1 % 1 98 100 102 N / / 11 2 `♦ 21 - 20 18 %/ / �♦ ��� 1 99 �. P3 I �` `` 3 14 `�� ,fes / j �� 2 1 9 9 8 i �♦` 7 6 5 / Ilk- USFS OS7 `�♦ % i COSS� OS6 Future Bridge C - Village Residential Mixed Use Project D - Village Residential Mixed Use Project E - School F - Regional Commercial Mixed Use Project G - Regional Commercial Mixed Use Project H - Regional Commercial Mixed Use Project I - Regional Commercial Mixed Use Project J - Regional/Neighborhood Commercial and Residential Mixed Use Project K - Hillside Residential RMF1 - Residential Multi Family RMF2 - Residential Multi Family Acres 43 4 24 16 4 13 5 26 57 38 1303 27 39 ------------------------------------------------------------------------------------------------------------ S U BTOTAL 1599 PROJECT TOTAL 1779 TOWN CERTIFICATE (PUD MAP AMENDMENT) WITNESS MY HAND AND SEAL OF THE TOWN OF AVON NOTES 1. Until such time as a secondary road access to Planning Area I is constructed and open for use, (a) building permits may be issued for no more than 280 dwelling units in Planning Area I, provided that "Primary/Secondary Dwelling Units" (as defined in The Village (at Avon) PUD Amended and Restated PUD Guide) situated on the same lot shall be considered one dwelling unit; and (b) no building permits may be issued for Commercial Uses or Industrial Uses. 2. Pursuant to Section 7.16.140(d) of the Avon Municipal 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 this Municipal Code, as amended." 3. A minimum of 29.5% of the acreage of Planning Area K shall be reserved and maintained as open space, and such open space shall be subject to the development standards for open space planning areas as set forth in Section E.14 of The Village (at Avon) PUD Amended and Restated PUD Guide. 4. The street and road alignments depicted hereon are either designated as either permanent, temporary (not permanent and intended to be replaced in the future) or conceptual alignments. Until such time as made permanent or temporary in connection with an approved final plat, the conceptual alignments are non-binding and provided only for illustrative purposes to show one of various potential alignments, general circulation patterns, vehicular ingress and egress to and from planning areas and traffic connectivity to adjacent property outside of The Village (at Avon). 5. The layout, location, size and number of lots within Planning Area K as depicted hereon are conceptual, non-binding and provided only for illustrative purposes. 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 building envelope requirements set forth in Section E.11(c) of The Village (at Avon) PUD Amended and Restated PUD Guide unless such compliance is determined to be impractical or unreasonable. 6. The layout and location of the Future Bridge and the Future Pedestrian Path as depicted hereon are conceptual, non-binding and provided for illustrative purposes only. There shall be no obligation to construct the Future Bridge or the Future Pedestrian Path, provided that if the Future Bridge and/or the Future Pedestrian Path shall be constructed, the precise layout and location of the same will be established by the building permit and/or construction plans, as applicable, approved by the Town of Avon for such construction. 7. See Exhibit F of The Village (at Avon) PUD Amended and Restated PUD Guide for street types and standards applicable to the roads depicted hereon. BY MAYOR: DRAFT ATTEST: TOWN CLERK DRAFT I ---I __J Feet �A IL E v i 0 600 1,200 1 COLORADO This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Author: JTK, 05/24/12