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TC Ord. No. 1998-16 Approving the PUD and development standards for the Village At AvonTOWN OF AVON ORDINANCE NO. 98 -16 SERIES OF 1998 AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE VILLAGE AT AVON (THE "PUD PLAN"), WHICH ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED'' TO THE TOWN OF AVON, EAGLE COUNTY, COLORADO (THE "TOWN ") THROUGH TOWN OF AVON ORDINANCES NUMBERS 98 -14 AND 98 -15 (COLLECTIVELY, THE "PROPERTY "), AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S:, TOWN OF AVON, EAGLE i COUNTY, COLORADO WHEREAS, EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT H LLC, PVRT NOTT III LLC (collectively the "Owner ") has filed an application for PUD zoning including approval of a Planned Unit Development Plan in conjunction with annexation of said Property into the Town limits; and WHEREAS, the PUD plan includes those items listed on Exhibit "A" attached i hereto and by this reference incorporated herein; and 'WHEREAS, the Town has annexed the property pursuant to the provisions of the , Town of Avon Ordinance Numbers 98 -14 and 98 -15 (the "Annexation Ordinances "); and WHEREAS, the Town has annexed the Property in accordance with the terms and conditions set forth in the Annexation and Development Agreement ("The, Agreement ") between the Town and the Owner, approved by the Town Council, Town of Avon (the "Town Council ") pursuant to Ordinance 98 -17; and WHEREAS, the Town has agreed to establish zoning'for the Property in accordance with the Terms of the PUD Plan and the Agreement; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and, reports regarding the proposed amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded reports and recommendations on the proposed PUD Development Plan and Development Standards to the Town Council of the Town of Avon; and JACOUNCIUORDINAN01998 \98 -16 VAA PUDW.doc l WHEREAS, after notices provided by law, this Council held a public hearing on the 13th day of October, 1998, at which time the public was given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, the Town Council has agreed to designate the Agreement, the PUD Plan and the Subdivision Sketch Plan for the Village at Avon (the "Sketch Plan") as the site specific development plan for the Property in accordance with the terms and conditions of the Agreement and pursuant to Article 68 of Title 24, C.R.S.; and WHEREAS, it is the intent of the Town Council that its approval of the Agreement, the PUD Plan and the Sketch Plan together shall constitute approval of a site specific development plan establishing a vested property right in accordance with the terms and conditions of the Agreement and pursuant to Article 68 of Title 24, C.R.S.; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. That the hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all.pertinent facts, matters and issues were submitted at those hearings. 2. The amended PUD Development Plan and Development Standards are consistent with the Town's Comprehensive Plan. 3. Adequate facilities are available to serve development for the project's type and scope. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that: 1. The approval of the PUD Plan, together with approval of the Sketch Plan pursuant to Town of Avon Resolution Number 98 -68 and approval of the Agreement pursuant to Town of Avon Ordinance Number 98 -17, is hereby designated as the site specific development plan for the Property. 2. PUD Plan is herebyapproved. 3. The Property will hereafter be zoned in accordance with the terms and conditions of the PUD Plan and the Agreement. 4. The Agreement, the PUD Plan and the Sketch Plan hereby constitute approval of a site specific development plan for the Property establishing a vested property right in accordance with the terms and conditions of the Agreement and pursuant to Article 68 of Title 24, C.R.S. 5. Within fourteen (14) days after passage on Second Reading of this Ordinance, the Town Clerk is-hereby authorized and directed to: A. Publish the full text of this Ordinance in a newspaper of general circulation within the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both);'and JACOUNCIUORDINAN01998 \98 -16 VAA P=nd.doc B. Concurrent with the publication required in Section 5A. above, publish a notice advising the general public that approval of the Agreement, approval'of the PUD Plan and approval of the Sketch Plan together constitute approval of a site specific development plan establishing a vested property right in accordance with the terms and conditions of the Agreement and pursuant to Article 68 of Title 24, C.R.S. 6. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 5A. above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 22nd day of September, 1998, and a public hearing shall be held at the regular meeting of the Town Council of the Town- of Avon, Colorado on the 13thday of October, 1998, at -5:30 PM in the Municipal Building of the Town of Avon, Colorado. SSS ZF A � Town of Avon, Colorado `� ••� ~ Town Council J tsll, l own (:lerk haws Judy Yoder, Mayor Prbtem JACOUNCIUORDINAN01998 \98 -16 VAA PUWnd.doc r' INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED published as required in accordance with Section 24 -68 -103 C.R.S., which publication shall occur no later than 14 days following the approval date. Town of Avon, Colorado <� Town Council 14 1 Ar.Z77 ` _. �, �' •` Judy Yoder., Mayor Protem ATTF)T- 1 Town Clerk APPROVED AS TO FORM: To Attorney JACOUNCIL\ORDINAN01998 \98 -16 VAA PUWnd.doc i EXHIBIT A TO TOWN OF AVON ORDINANCE 98 -16 The " PUD Plan" as that term is used in the attached Ordinance, shall refer to each of the following documents collectively: 1. Planned Unit Development Guide for the Village at Avon and all exhibits and appendices thereto. 2. The PUD Development Plan/Sketch Plan for the Village at Avon, JACOUNCIL \0RDINAN01998 \98 -16 VAA PUMnd.doc r EXHIBIT A The Village . (at Avon) PUD Guide October 13, 1998, 356801 14 MLAYER TABLE OF CONTENTS Page A. PURPOSE/GENERAL PROVISIONS .................. ............................... 1. Purpose .... .......................................................................... ............................... 1 2. Vested Property Rights ........................................................... ............................... 1 3. General Provisions .................................................................. .......................... ...... 2 4. Applicability of Other Regulations ......................................... ............................... 3 5. Conflict ................................................................................... ............................... 4 B. DEFINITIONS ..................................................................................... ..............................4 C. ASSIGNED LAND USE DESIGNATIONS ...................................... ........:.......... ...........12 D. TOTAL PERMITTED DENSITY ...................................................... .............................13 E. DWELLING UNIT AND COMMERCIAL SPACE REPORT ......... .............................14 F. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD AREAS FOLLOWS ........................................................................... .............................14 1. Planning Area A - Village Center .......................................... .......................:.....14 2:. Planning Area B - Cultural / Recreational ................................. .............................16 3. Planning Area C - Ice Skating/Events Center.... ...................... .............................17 4. Planning Areas D, E, F - Village Residential ......................... .............................19 5.. Planning Area G - School ..................................................... ............................... 21 6. Planning' Areas H, I - Neighborhood Center ......................... ............................. .1. 22 7. Planning Areas J, K, L, M — Regional Commercial ............. ........... ............ .......... 24 8. Planning Area RMF - 1 - Residential Multi- Family ............. ............................... 26 9. Residential'Multi- Family — RMF 2 and RMF 3 ................... ...................... .......... 27 10. Residential Single - Family Lot I and Lots 6- 96 .............................. . ................ 28 11. Planning Areas N - Community Park and P1 -P6 — Parkland ............................... 30 12. Natural Open Space — OS 1— OS 10 ............. ........................... .....................:....:.... 31 756801.14 h"YEx i TABLE OF CONTENTS (continued) Page G. SPECIAL REVIEW USE ................................................................. ............................... 32 1. Special Review Use Permit ............................................................... ................ :..: 32 2. Application Filing and Processing .......................................: ...........:................... 32 3. Submittal Requirements for Special Review Use ................. ............................... 33 4. Criteria for Review, Recommendation, and Approval of Special Review 43 7. Uses........................................................................................ ............................... 34 5. Amendments to Special Review Use Permit ................. ............................... .. 34 H. AMENDMENT PROCEDURES ...................................................... ............................... 34 1. General .................................................................................... .............................34 Park, Recreation and Trail Access ..............................:......... ............................... 2. Formal Amendments .......................... 35 45 ............................... ............................... Provision of Certain Amenities ........................................... ............................... 3. Administrative Amendments ................................................ ............................... 35 - I. SUPPLEMENTAL REGULATIONS .............................................. ................:.............. 39 1. Fireplace Regulations ............................................................ ............................... 39 2. Signs ........................................................................................ .................... ..........4u 3. Parking Requirements ........................................................ ............................... 40 4. Surface Parking Landscaping Requirements ........................ ............................... 40 5. Design and Improvement Standards ..................................... ............................... 41 6. Wildlife Mitigation Plan ....................................................... ............................... 43 7. .................. ............................... Design Review Guide ...................... ........:..:.:.:... 43 S. Stream Setback Provisions .................................................... ............................... 44 9. Residential Fire Suppression Systems ............... - ............... ...........................6... 45 10. Park, Recreation and Trail Access ..............................:......... ............................... 45 11. Affordable Housing Plan ...................................................... ............................... 45 12. Provision of Certain Amenities ........................................... ............................... 47 EXHIBITA Legal Description ...................................................................... ............................A -1 EXHIBITB PUD Master Plan .................................................................... ............................... B -1 35MI 14 MLAYER 1i TABLE OF CONTENTS '(continued) Page EXHIBIT C The Village (at,Avon) Parking Regulations .......................................... I............... C -,l EXHIBIT D Wildlife Mitigation Plan ....................................:................... ............................... D -I EXHIBIT E Minimum Design Review Guide Provisions ............. ...... .......... ............................ E -1 75MI14 MLAYER iii The Village (at Avon) PUD Guide October 13, 1998 A. PURPOSE/GENERAL PROVISIONS 1. RMose. This PUD Guide sets forth land uses and development in an area of the Town of Avon, County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height; provides regulations for uses permitted - therein and accessory_ buildings and uses;. and provides additional supplementary regulations. The Village (at' Avon) is a large parcel of land under single development control and is suitable for creation of a Planned Unit Development- (PUD). 2. - -- -- Vested Property Rights. The Development Plan, together with the Annexation and, Development — - -- Agreement - and - -the - approved subdivision Sketch Plan and any subsequently approved Preliminary Plans and Final Plats_, ' together with any amendments to any of the foregoing, constitutes an approved "site- specific- development plan" as defined in the Vested Property Rights Statute,: Sections 24 -68 -101 et §m. of the Colorado Revised Statutes and Section 17.14.100 of the Avon Municipal Code. Without limiting the generality of the foregoing, the owners of the.property within The Village (at Avon) PUD shall have vested property rights to undertake and - -- - - - -complete development and use of the Property as provided in the . - Development Plan, and as set forth "in Article 3 of the Annexation and Development Agreement. The property rights so established shall.be and remain vested for the-term set forth in Section 1.3 of the Annexation and Development Agreement. - Pursuant to Section 17.14.0%, 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. 756801 14 MLAYBR 3. General Provisions. (a) Control Over Use. Location and Bulk. After the effective date of approval of this PUD Guide. 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 Guide or the Covenants: (i) Any new uil ng or other structure; and -any parceY of land, may be used; and (ii), The use of any existing building, other structure or parcel of land may be changed or extended; and (iii) The Design Review Board shall, in conformance with the Development Plan, establish the final location and bulk of all future buildings and structures; and (iv) 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, an d for no other purposes. (b) Incorporation of PUD Master Plan. The PUD Master Plan is hereby incorporated by reference into this Development Guide, together with everything shown thereon and all amendments thereto. Collectively, this PUD .Guide and the PUD Master Plan are referred to herein as the "Development Plan." (c) Design Review Guide. The Owner will prepare a Design Review Guide intended to supplement and complement this PUD Guide. Where any conflict may occur between the Design Review Guide and the, Development Plan, the most restrictive provision shall govern. (d) Covenants. The Owner shall record one or more Declaration of Covenants, Conditions and Restrictions ( "Covenants ") which shall govem matters related to use and development of all or any part of the Property. Where any conflict between the Covenants and the Development Plan may occur, the most restrictive provision shall govern. 356801.14 MLAYER 2 (e) Planning Area Boundaries Road Alignments. Lot Lines, Building Envelol2es. Wherever a Planning Area abuts a street as shown in the PUD Master Plan. the boundary is the abutting right -of -way line of 'such street. Wherever a Planning Area does not so abut a street, the boundary shall be as shown in the PUD Master Plan. The Owner may increase or decrease the size of any Planning Area, pursuant to the administrative amendment procedures -set_ forth in S_ ection H.3 below, to conform the Development Plan to any Preliminary Plan or Final Plat. In addition, the Owner may relocate or otherwise modify road ,alignments, lot lines, Planning Area Boundaries and Building Envelopes due to site planning 'or engineering considerations. To the extent that such modifications require conforming amendments to this PUD Guide, such amendments shall be processed administratively, pursuant to Section H.3 below. (f) Issuance of Building; Permits. Provided an application for issuance of a Building Permit complies with the Building Code for the Town of Avon and the Development Plan, the applicant shall be entitled to receive such Building Permit for any construction, improvements or alterations at The Village (at Avon) 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 an officer of the Design Review Board shall be affixed to the plans and specifications made a part of each building permit application. The Building Department shall not accept for processing or - approve any application for a Building Permit or Certificate of Occupancy unless such certificate of Design Review Board approval. is affixed thereto - - - as required by this subparagraph (f). __ - -_ -- -- _- -- -- - _ _ -- 4. Annlicability of Other Regulations. Except as otherwise provided in the Annexation and Development Agreement or the Development Plan, the establishment of vested', property rights under the - - - - -- Annexation- and Development Agreement or the Development' Plan shall not prec Iu- e e ' app- lic`ation on a uniform and-- non--discriminatory--basis - -of Town- regulations of general applicability (including, but not limited to, building, fire, - - plumbing, elecmc—al 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 exist on the date of the Annexation and Development Agreement - -- - - -- - or -- may -be enacted or amended after -the -date _of_the- Annexation_ and- Development Town Agreement, provided that such newly enacted or amended Tow regulations shall not directly or indirectly have the effect of materially. and adversely altering, - impairing,­_ preventing,_ - diminishing; imposing -a -- moratorium- on _ development, 75aem 14 MLAYM 3 delaying or otherwise adversely affecting any of Owner's rights set forth in the Annexation and Development Agreement or the Development Plan. Owner does not waive its right to oppose the enactment;.or amendment of any such regulations. 5. 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 - inconsistent with - any - provision of the Development Plan or the Annexation and Development Agreement, control the development of The Village (at Avon). Additionally, application of such Municipal Code provision shall not directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying, or otherwise adversely affecting any of Owner's vested property, rights set forth in the Development Plan or the Annexation. and Development Agreement. Provisions of the Design Review Guide which are more restrictive than either the Development Plan or the Municipal Code shall prevail in any instance where there is a conflict. B. DEFINITIONS - - -- - - — - -- -- For the purpose of this PUD Guide, certain words and phrases shall be defined as set forth in this Section B. 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 word "shall ". is mandatory; and the word "may" is permissive. Access. - _ The place, means or way by which pedestrians and vehicles shall ' Have adequate and usable ingress and egress to property, use or parking space. 2. Accessory Building, or r Use. -A subordinate_building or.use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. 3. Accommodation Unit. - — Any - room— orgroupFof rooms - without -a- kitchen-used-primarily as a bedroom for transient lodging, and accessible from common corridors, walks, or balconies without passing through another Accommodation Unit or Dwelling Unit: 35MI.14 MLAYM 4 4. Affordable Housing Plan. The sole affordable housing requirements for The Village (at Avon) PUD, as set forth in Section I.11 below.- - 5. Annexation and Development Agreement. The Annexation and Development Agreement concerning the Property and made by the Town of Avon and E M D__ Limited Liability Company, PVRT NOTT I LLC, PVRT- NOTT-II-LLC- and - P--V-RT- N0- TT_HULC___ 6. Bed and Breakfast. An owner- occupied Dwelling Unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation. 7. Building Envelope. A building envelope specifies the boundaries within which improvements may be constructed on a particular property. The building envelopes depicted on the PUD Master. Plan designate the locations and area of the building envelopes within Lots 6' through 96, which lots and building envelopes are vested pursuant to the ternzsan conditions�-conditions A3: -of this PUD- Guide-as follows: --- - (i) Lots 6-55. Building Envelopes for Lots 6 -55 are indicated on the PUD Master Plan, as a circle of 100 feet in diameter. On a Lot by - Lot basis, the -Design Review Board may expand a Building Envelope by up to 20 feet in any one direction. (ii) Lots 56 -96. Building Envelopes for Lots 56 -96 are indicated on the PUD Master Plan as a circle of 200 feet in diameter. On a Lot by Lot basis, the Design Review Board may expand a Building Envelope by up to 20 feet in any one direction. Location. - - -- - (i) _ Lots 6 -55. On a Lot by Lot basis, the Design Review Board may - -- - -- - - -relocate the- center - point -of a Building Envelope by up to 1, 00 feet in any direction. - - _ _(ii)_ . Lots 56 -96. On a Lot by Lot basis, the Design Review board may relocate the center point-of a Building Envelope by tip to 200 feet - - -in any- direction.---- 3SU01 14 M"M 5. (c) Building Footpri nt. A minimum of 70% of the footprint of any structure constructed on Lots 6 through 96 must be located within the Building Envelope. The Design Review Board shall not expand the area of or relocate any Building Envelope unless such change does not reduce any required setback specified within the Wildlife_ Mitigation Plan, the Stream Setback Provisions, or any other applicable physical constraint established by this PUD Guide. 8. -. - -- Building- Heig_hL_Maximum- The distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point to the top of a flat roof or _mansard roof -orso the highest ridgeline_ of the sloping roof. 9. Building Setback. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. 10. Commercial Space. "- -- -- -- - Conimerci;il space - is any aiea which may -be usecrrented-orleased for-the- purpose of generating retail business or consumer services. -- - - -- (a) Except as specifically provided- below, Commercial Space includes, but is - - not limited to: - W (iv) (v) (vi) (vii) ---- - - - - -- - (viii) (ix) (xi) (xii) (xiv) (xv) (xvi) Business and professional offices; Retail specialty and gift shops; Restaurants; Banks; Barber and beauty shops; Laundromat/dry cleaning; _ Shoe repair, Automobile repair and services; Tavern; Cinema; Clothing stores; Department stores; —=Beverage-stores; -- _- - -- Furniture stores; Hardware stores; Food stores; 35Mi 14 M"YER 6 (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 1 above) including, but not limited to: (1) employee housing; (2) condominiums; (3) hotels; (4) lodges; (5) duplex residences; (6) primary/secondary residences; (7) single family residences; and (8) townhouse residences (c) For purposes of calculating,-the, total amount (in square feet). of commercial area permitted pursuant to the PUD Guide, Commercial Space shall be measured as -the total floor area, including exterior building walls, _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, 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 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 andlianquet 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 356801 14 M"YER 7 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;- — - - (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. A condominium is defined as any group of rooms created as a fee simple estate -in defined air space within a multi -unit property. For purposes of Dwelling Unit - - -- definition ; -only- condominiums which' are considered residential condominium units shall be counted as Dwelling Units. The residential condominium will not have more than one kitchen and all rooms will be interconnected through doors or foyers. 12. - Covenants. One or more Declaration of Covenants, Conditions and Restrictions which the Owner shall establish with respect to all or any part of the Property. 13.� Design Review Guide. Design guidelines prepared by the Owner establishing architectural design, landscape design,--urban- - design and- -site- design- standards= for -The Village (at Avon). 14: Design Review -Board. The Village (at Avon) Design Review Board as appointed or elected in accordance with the Covenants. 15. Development Plan. - - The,PUD for -the Property, consisting-of this PUD Guide, 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 seg_, C.R.S., and Section 17.20.110 of the Municipal Code. 16. Development Standards. —., -_ - The planning - requirements governing the development of the Property as set forth in Section F of this PUD Guide. 756601 W MLAAR 17. Director of Community Development. . The Director of Community Development for the Town of Avon. 18. Duplex Structure. A duplex is considered to be one multi - family project consisting of two residences within an architecturally integrated structure. 'If the property is resubdivided each of the units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. For purposes of Dwelling Unit definition, -each residence counts as a Dwelling Unit, thereby counting as two Dwelling Units per structure. 19. Dwelling Units. 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 cooking facility, 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 fora 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 cooking facility. - - - - -- - -=fhe followin shall -clan the definition- ofDw- elling_Unit..,___ - - -- -- - -mss= - �'_ - - _ -- -- -- - - - - -- -- - - -- - -- _ (a) Primary /Secondary Structure as'de-fined in Section B.31 below. (b) Duplex Structure as defined in Section B.18 above. - == -(e) -- Condominium- as defined in Section B.11 above. 756801.14 MLAYM 9 20. Extended' Stay Hotel. A Hotel /Motel/Lodge with rooms 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 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." 21. Final Plat. A Final Plat approved by the Town pursuant to Section 16.24 of the Municipal Code. 22. Hotel, Motel and Lodge. A building, . including an Extended. Stay Hotel, containing' three or . more Accommodation Units, intended for temporary occupancy of 'guests. Accessory use facilities may include 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. 23. Landscaped Area. _ "Landscaped'Area" means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, groundcover, floweis;- 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. 24. ' Mixed Use Project. The development of a lot, tract or parcel of land, building or structure with two or more different uses as set forth within the' Development Standards designed, planned and constructed as a unified project. 25. Municipal Code. The Town's Municipal Code, as in effect from time to time. 26. Owner. Collectively,, EMD Limited Liability Company, 4 Colorado limited liability company, PVRT NOTT I LLC, a Colorado limited liability ,,cortipany, PVRT NOTT 11 LLC, a Colorado limited liability company, ' and PVRT NOTT III LLC, a Colorado limited liability company, and their respective successors and assigns. 3%901 1,' MLAYER 10 27. Planning and Zoning Commission. The Planning and Zoning Commission of the Town of Avon. 28. Planninc Area. An area indicated as a planning area on the PUD Master Plan, the development of which shall be regulated by The Village (at Avon) Development Plan. 29. : - P_.lanning Department.- _ -- The Planning Department of the Town of Avon. . 30. Preliminary Plan. A preliminary plan approved by the Town pursuant to. Section 16.20 of the Municipal Code. 31. Primary/Secondary Structure. A primary/secondary structure consists of two Dwelling Units within a single fee simple estate: one primary unit and one secondary unit. The secondary unit can be no more than 25% of the -floor area of -the Primary/Secondary Structure, must be integral with the architecture of the primary unit, and cannot be subdivided or separately- conveyed or transferred in ownership. 32. Property.- 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. 33. Public Improvement Company. The public improvement company having as its members property owners within the Property which the Owner intends to create in accordance with and for the purposes stated in Section 4.4 of the Annexation and Development Agreement. 34. PUD Master. Plan. The Village (at Avon) P.U.D. Development Plan/Sketch Plan dated June 1998, prepared by Peter Jamar Associates, Inc., attached hereto as Exhibit B and incorporated herein. The PUD Master Plan indicates among other things Planning - leas —deve op me sites, open - -spai e— parcels;-=-single family lots, Building Envelopes and general road alignments for the development of The Village (at Avon). The PUD Master Plan shall constitute the master plan for development within The Village (at Avon) PUD. 756801.14 M LAYER 35. Site Coverage. The portion of a site covered by buildings, excluding roof or balcony overhangs, - - - -measured at the exterior walls or supporting -- members -of the building at ground level. 36. Sketch Plan. A sketch plan approved by the Town pursuant to Section 16.16 of the Municipal Code. 37. The Village (at Avon) PUD. The Village (at Avon) PUD is a zone district authorized for the Property by the Town of Avon. The Village (at Avon) PUD contains the Property. 38. The Village (at Avon) Parking Regulations., The Development Standards governing parking within The Village (at Avon) PUD, as set forth in Exhibit C to this PUD Guide. 39. Town. The Town of Avon, a municipal corporation of the State of Colorado. 40. Town Council. The Town Council of the Town. 41. Use. The purpose for which land or a building is. designated, arranged,'or-intended, or for which it either is or may be occupied or maintained. 42. Wildlife Mitigation Plan. The sole wildlife mitigation measures required for The Village (at Avon) PUD, attached as Exhibit E hereto and inco orated herein. C. ASSIGNED LAND USE DESIGNATIONS The following list identifies Planning Areas within The Village (at Avon) PUD and their respective land use, designations. 75MI.14 MLAYER 12 Planning Area Land Use Designation A Village Center. B Cultural/Recreational C Ice Skating/Events D Village Residential E Village Residential F Village Residential G School ---R Neioilj�qffi&d Center -I Neighborhood Center- J, Regional Commercial K Regional Commercial L Regional Commercial -M Regional-Commercial N Community Park OS1-10 Natural Open Space P 1 -P6 Parkland Lots 1-96 Single Family Residential RMF 1-3 Multiple Family Residential D.- -- -TOTA-L--PERMI-TT-ED-DENSI-Ty-- -- --- --l-.---The-total-l-permitted--density-for-T-he-Village (at Avon) PUD,for Planning Areas A-L, Lots 1-96, and Planning Areas RMF 173 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. The permitted Commercial Space and Dwelling Unit densities within Planning Area M shall be determined in the future pursuant to the amendment procedures set forth in Section H 'below. , The Village (at Avon) and the Town of Avon acknowledge, that Planning Area'M 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 - -- -may, the Town of von. calculations -for -for residential development- within Planning Areas A-M and RMF 1-3 shall exclude areas with slopes exceeding 40%. 35680I 14 MLAYER 13 E. 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 aggregate square footage of development within the Planning --- ----- Area [e.g.; commercial square footage - (commercial + residential square footage) = percentage of commercial]. shall apple within the following Planning Areas: Planning Area Residential Commercial Min% Max% Min% Max% Village Center (A) 30% 80% 20% 70% Village Residential (D,E,F) 90% 100% 0% 10 % Neighborhood Commercial (H,I) 0% 20% 80% 100% Regional Commercial (J,K,L) 0% 20% 18'0% 100% 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. F. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVOWPUD ARE AS FOLLOWS: 1. Planning Area A - Village Center. (a) Purpose: To provide sites for a variety of commercial; residential, lodging, educational and recreational uses and activities in a mixed -use setting in order to serve the needs of residents and guests of the Upper Eagle River Valley. (b) Uses by Right: (i) ' Commercial uses including but not limited to any activity for the purpose of generating retail business or consumer services with the intent of producing a financial profit including, retail stores, professional offices and' businesses, banks and ' financial institutions, personal services, food and beverage_ establishments, clubs -and' recreation and entertainment uses. No 'retail store 156801.11 bII.AYFA 14 occupied by a single retail business shall exceed 60,000 square feet of Commercial Space. (ii) -- Residential uses including, but not limited to single - family, duplex, and multi - family dwellings including interval ownership. (iii) Lodging facilities including, but not limited to hotel, motel, and bed and breakfast. - - =- Public or rivate trans ortation, transit or parking facilities -- -- - - -- -- -- including, but not limited to bus, rail stations, tramways, gondolas and lifts. (v) Public or private roads and utilities including but not limited to " utility improvements, lines and mains, facilities, services and buildings. (vi) Churches, museums, libraries and public buildings. (vii) Indoor and outdoor recreation and/or entertainment facilities. (viii) Parks and open space. (ix) Day Care. (x) Temporary real estate sales offices and construction offices. (xi) Additional uses which the Director of Community Development determines to be similar to uses by right. (xii) Accessory Uses and Structures customarily appurtenant to uses by right. (c) Special Review Uses: (i) Medical facilities including, but not limited to clinics, group and congregate care facilities, nursing homes and hospitals. (ii) Educational facilities including, but not limited to public and - private schools, universities, and colleges.- (iii) _ - Emergency_ heliport. - - - - -- - --(iv) - Outdoor entertainment facilities that include the use of amplified music. 356801 14 HEAVER 15 (d). Building Setback Requirements: Buildings shall have a minimum setback of 20 feet from East Beaver - - - - - -- - Creek Boulevard- right -of way, and the northern, southern and western boundaries of Planning Area A. 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. (e)__ _Maximum Building Height: 80' for areas north of East Beaver Creek Boulevard, 55' for areas south of East Beaver Creek Boulevard. Non - habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential densities shall not' exceed 25 residential. Dwelling Units per, acre. (g) Parking Requirements: As defined in The Village (at Avon) Parking Regulations (h) Minimum Lot Area: None. 2. Planning Area B - Cultural/Recreational. (a) P_ uraose: To provide a site for cultural and recreational facilities and amenities that serve the needs of the residents and guests of the Upper Eagle Valley. (b) Uses by Right: - _ -- (i) Cultural, recreational and educational facilities and amenities including, but not limited to: (1) (2) (3) (4) (5) (6) (7) Community center Facilities for the performing arts, including outdoor amphitheaters Museums and galleries Community meeting facilities-- .- - - - - -- -- Recreational clubs Classrooms Libraries 356NI.14 N"YM 16 (8) Accessory retail and commercial facilities and food and beverage establishments (9) Day care facilities (ii) Accessory living quarters for employees of the cultural /recreational facilities. --- - _(iii) Temporary real estate sales offices and construction offices. = Public -or private roads and �i:utilities�ncludingtbut =not °-limited to --utility—improve ments,— lines---- __mains,__ a itiCfes;— services -and buildings. (v) Additional uses which the Director of Community Development - determines to be similar to uses by right. - (c) Building Setback Requirements: Buildings shall have a minimum setback of 20 feet from the adjacent road right of way. 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. (d) Maximum Building Height: 60 feet. Non - habitable architectural features such as chimneys, towers, steeples and similar features shall ' be excluded from the calculation of building height. (e) Density Allowance: Not to exceed more than 10 Dwelling Units. (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (g) Minimum Lot Area: None 3. Planning Area_C_— Ice- Skatin¢/Events Center. (a) . Purr ose: - - -- To- proms -i - =site46r-an=ice--Skating/E-vents =C=enter =that will - serve -he =needs . of the residents and guests of the Upper Eagle Valley. 336601.14 M"YM 17 (b) Use by Right: (i) An ice skating and events center. (ii) Conventions. meetings, special events. trade shows, performances. recreational activities and uses. (iii). Accessory retail uses and commercial uses, food and beverage establishments. ublic or private" roads and utilities including but not limited to utility improvements, lines and mains; facilities, services and - buildings. - (v) Temporary real estate sales offices and construction offices.' (vi) Day care facilities. (vii) Additional uses which the Director of Community Development determines to be similar to uses by right. (c) Building_ Setback Requirements: Buildings shall have a minimum setback of 20 feet from East Beaver Creek Boulevard right of way and the southern boundary- of- Plaruung Area_ C. 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. (d) Maximum Building g_eit?ht: 60' feet. Non - habitable architectural ;features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Density Allowance: Not -to exceed - more - than -4- Dwelling Units. (f) ParkinRequirements: As defined in The Village (at Avon) Parking Regulations. (g) - - Minimum -L-ot Area: None. - - 756801 14 MI.AYM 18 4. Planning Areas D E F - Village Residential. (a) P- Mose: To provide sites for a variety of residential and lodging uses and accessory facilities to serve the needs of the residents and guests of the Upper Eagle River Valley. (b) ' Use by Right for Planning Areas D. E. F: (i)_ -- Residential-uses- including; but - not - limited to siitgle- farnify, duplex, and multi- family dwellings including interval ownership. (ii) Temporary real estate sales offices and construction offices. (iii) public or .private transportation, transit or parking facilities including, but not limited to bus, rail stations, tramways, gondolas and lifts. (iv) Public or private roads and utilities including but not limited to utility improvements,. lines and mains, facilities, services and buildings. (v) Indoor and outdoor recreation and/or entertainment facilities. (vi) Parks and open space. (vii) Additional uses which the Director of Community Development determines to be similar to uses by right. (viii) Accessory Uses and Structures customarily appurtenant to uses by right. (ix) - For Planning Areas E and F: In addition to those uses listed above, areas that have frontage on East Beaver Creek Boulevard are permitted the following uses: _______Co minercial uses including, but not limited to any activity for the purpose of generating retail business or consumer services — -- -- —includingrbut_not limited to; retail stores, professional offices and businesses, banks and financial institutions, personal services, food and beverage establishments, clubs and recreation and entertainment uses. (x) For Planning Area D: In addition to those uses listed above, pedestrian bridges and lodging facilities including, but not limited to hotel, motel, and bed and breakfast. 356601.14 M"YER . 19 (c) Special Review Uses: The following uses may be permitted as Special Uses within Planning Areas E and F in areas that have frontage on East Beaver Creek Boulevard: (i) Lodging facilities including, but not limited to hotel, motel, and bed and breakfast. (ii) Medical facilities including, but not limited' to offices, clinics, - -- gioup�rid�attgregate rcare_faciiities nursing - homes- and - hospitals: (iii) Educational facilities including, but not limited to public and private schools, universities, colleges and day care. (iv) Churches, museums, libraries and public buildings. (v) Emergency heliport. (vi) Outdoor entertainment facilities that include ' the use of amplified music. (d) Building Setback Requirements: Front: 25' Side: 0' Rear: 10' The setback adjacent to the Railroad Right -of -Way shall be 20'. (e) Maximum Building Height: 48 feet_ Non - habitable architectural features such as chimneys, towers; steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential densities shall not exceed 18 units per acre. (g) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area:. 20% 756901.14 MLAYM - 20 (i) Minimum Lot Area: None. 5. Planning Area G - School. (a) Purpose: To provide a school site to meet the needs of the Eagle County School District (b) Use by Right: —E-ducational-uses.-- (ii) Recreational uses. (iii)- -- -Public -or private roads and-utilities- including -but -not limited to utility improvements, lines and mains, facilities, services and buildings. (iv) - Parks and open space. (v) Day care facilities. (vi) Additional uses which the Director of Community Development determines to be similar to uses by- right. (c) Building Setback Requirements: Front 25' Side: 7.5' Rear: 10' (d) Maximum Building Height: 35 feet Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Parking Requirements: def As ffined_ftdThe Village (at Avon) Parking Regulations. (f) Minimum Lot Area: None. 3%WI.14 MLAYM 21 6. Planning Areas H I - Neighborhood Center (a) Purpose: To provide sites for a variety- of neighborhood oriented commercial. residential, educational, recreational, and service oriented use. (b) Uses by Right: - -(i) --- Eommercialuses -- including ,- .:but_not�i�_any_actixity_for the - - --P - -_--- -- ess- or= eewurner- services with the intent of producing a financial profit including, but not limited; to; retail stores, professional offices and businesses; banks.. and financial institutions, personal services, food and beverage establishments, recreation and entertainment complexes. No retail store occupied by a single retail business shall exceed 60,000 square feet of Commercial Space. (ii) Residential uses including, but not limited to single - family, duplex and multi - family dwellings including interval ownership: (iii) Public or private transportation; transit or parking facilities including but not limited to bus and rail stations. , (iv) Public or, private roads and including- but - not - -limited -to utility improvements, lines and mains, facilities, services and buildings. (v) Churches, museums, libraries, and public buildings. (vi) Indoor and outdoor recreation and/or entertainment facilities. (vii) Parks and open space. (viii) Temporary real estate sales offices and construction offices. —For For Planning Areal: Building materials sales and lumber yard. (x) Additional uses which the Director of Community Development determines to be similar to uses by right. (xi) Accessory Uses and. Structures customarily appurtenant to uses by right. ` 156801 14 HEAVER 22 (c) Special Review Uses: (i) Medical facilities including, but not limited to offices, clinics, group and congregate care facilities, nursing homes and hospitals. (ii) Educational facilities including, but not limited to public and private schools, universities, colleges and day care. (iii) Emergency heliport. (iv) Service Stations. (v) Automobile repair shops. ; (vi) Car wash. (vii) - Outdoor entertainment facilities that include the use of amplified music. (viii) For Planning Area H: Building materials sales and lumber yard. (d) Building Setback Requirements: Front: 25' Rear. 10' The setback adjacent to the Railroad Right -of -Way shall be 20'. (e) Maximum Building Height: 42 feet. Single - family or duplex residential structures shall not exceed 35 feet. Non - habitable architectural features ' such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. - -- - - - - (f) Density Allowance: - - Residential - densities not to exceed 15 residential Dwelling Units per'acre. (g) Parking Regutrements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 20% 356MI 14 MLAYM 23 7. Planning Areas J K L M — Regional Commercial. (a) Purpose: To provide sites for a variety of - regionally oriented commercial. residential, lodging and service oriented uses and activities in order to serve the needs of residents and guests of the Upper Eagle River Valley. (b) Uses by Right: zt (i) _--- _- COmmerciaises including; but -not _ linvited =to-any tivity for the purpose of generating retail-business -or consumer services with the intent of producing a financial profit including, but not limited to; retail stores, professional offices and businesses, banks and financial institutions,' personal services, food and beverage establishments, clubs and recreation and entertainment complexes. (ii) Residential uses including, but not limited to single - family, duplex and multi - family dwellings including interval ownership. (iii) Lodging facilities including, but not limited to hotel, motel and bed and breakfast. (iv) Public or private transportation, transit or parking facilities including, but not limited tom, rail stati`ons;- tramways; -gondolas - and lifts. (v) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (vi) Churches, museums, libraries and public buildings. (vii) Indoor and outdoor recreation and/or entertainment facilities. (viii) Parks and open space. (ix) Temporary real estate sales offices and construction offices. - (x) - - For— P- lanning- - -Areas __ K, L and.-M: Service commercial uses including, but not limited to; service stations, auto repair, car wash, lumber yard, building materials sales and storage, rental and leasing businesses and automobile sales. (xi) For Planning Areas J, K, and L-only: No more than two (2) retail stores occupied by a single retail business shall' exceed 60,000 square feet of Commercial Space per store. 356801.14 MLAYM 24 (xii) Additional uses which the Director of Community Development determines to be similar to uses by right. - (xiii) - Accessory Uses and Structures - customarily appurtenant_to_uses by . right. (c) Special Review Uses: (i) Medical facilities including, but not limited to offices, clinics, group and congregate care facilities, nursing homes and hospital's. (ii) Educational facilities including, -but not limited to public and private schools, universities, colleges and day care. (iii) - Emergency heliport. (iv) -- Outdoor entertainment facilities that include the use of amplified, MUSIC. (v) For Planning Area M: In addition to those Special Review Uses listed above, the following use shall be Special Review Uses: Light industrial uses including, but not limited to manufacturing, repair, warehousing and distribution facilities; wholesale facilities; and indoor and outdoor storage, display and sale of equipment, supplies and merchandise. (vi) 'For Planning Area J: Service commercial uses including, but not limited to; service stations, auto repair, car wash,- lumber yard, building materials sales and storage; rental and leasing businesses and automobile sales. (d) Building Setback Requirements: Front: 25' Side: 7.5' Rear: 10'. The setback adjacent to the- Railroad:Right -of -Way and the I- 70.Right -of- Way shall'be 20'. (e) Maximum Building g eight: 48 feet. Single - family or duplex residential structures shall not exceed 35 feet. Non - habitable architectural 'features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. SSHOI 14 MLAM • , 25' „ (f) Density Allowance: Residential densities not to exceed 15 residential Dwelling `Units per acre. (g) 'Parking, Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 8. Planning Area RMF - 1 - Residential Multi - Family. (a) Purpose: To provide sites primarily for multi - family residential uses with appropriate support commercial uses to serve the neighborhood. (b) Uses by Right: (i) Residential uses including, but not limited to single-family, duplex and multi - family dwellings including interval ownership.. (ii)_ Commercial uses intended to, serve surrounding residential areas including any activity for the purpose of generating retail business or consumer services with the intent of producing .a financial profit including, but not limited to retail stores, professional- and business offices, personal service shops, food and beverage establishments and club and recreational facilities to support and provide service to the residential development. (iii) Temporary real estate sales offices and construction offices. (iv) Public or private roads and utilities including but'not limited to utility improvements, lines and mains, facilities, services and buildings. (v) Recreational facilities. (vi) -- Parks and open space. - - - - - -- - (vii) Additional uses which the Director -of Community Development - determines to be similar to uses by right. (viii) Accessory Uses and Structures customarily appurtenant to uses by right. 356801.11 HEAVER , 26 (c) - Special Review Uses: (i) Churches, museums, libraries and public buildings. . Day care facilities. (d) Building Setback Requirements: Front lof line - 20 Feet - -_ Side lothne -- 1-0-Fee Rear lot line - 10 Feet The setback adjacent to the I -70 Right -of -Way shall be 20'. (e) Maximum Building Height: 48 feet. Single- family or- duplex-residential structures shall not exceed 35 feet. Non - habitable architectural features such' as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential density not to exceed 6 residential Dwelling Units per acre. (g) Parking Reguirements: As defined in The Village (at Avon) Parking Regulations. - . (h) Minimum Landscaped Area: 20% 9. Residential Multi - Family — RMF 2 and RMF 3. (a) ose: This district is intended to provide sites for residential development. (b) Uses By Right: (i) Residential uses including, but not limited to single - family, duplex and in dwellings. -(ii) -Child-care'.'---- (iii) Recreational facilities. 356801 14 MLAYER 27 (iv) Residential management office. (v) Temporary real estate sales offices and construction offices (vi) Public or private roads and utilities including but not limited to pedestrian bridges, utility improvements, lines and mains, facilities, services and buildings. (vii) Accessory Uses and Structures customarily appurtenant to uses by right. (viii) Additional uses which the Director of Community - Development determines to be similar to uses by right. (c) Setback Requirement: Buildings shall have a minimum - setback of 20 feet from the Interstate Highway right of way. There ' shall be no other setback 'requirements except as may be necessary to accommodate utility improvements; lines and mains, facilities, services and buildings (d) Maximum Building g eight: 48 feet. Single - family or duplex residential structures shall not exceed 35 feet. on- is stable architectural, -features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Density Allowance: RMF - 2: 12 units per acre maximum. RMF - 3: 6 units per acre maximum. (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (g) Minimum Landscaped Area: 20% 10. Residential 'Sinele- Family-Loi I and Lots 6 -96 (there are no Lots numbered 2, 3, 4 and 5). (a) Purpose:v To provide sites for single - family homes, and homeowner - association amenities .including, but: not - limited- to, homeowner facilities and similar uses. 28 356801.14 MLAYM - (b) Uses by, Right: (i) For Lot 1 only: (I1 Homeowner association facilities including.-but not limited to, a caretaker unit, clubhouse; recreational facilities, and other similar facilities and amenities. (2) Public or private roads and utilities including but not limited to utility improvements,, lines and mains, facilities, —i services and buildings. (3) Temporary real estate.sales offices and construction offices. (ii) For Lots 6 -96 only: (1) Single family residential dwelling. - - (2) Primary/secondary structure. (3) Public or private roads, and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (4) - Temporary real estate sales offices and construction offices: (iii) Accessory Uses and Structures customarily appurtenant to uses' by right. (iv) Additional uses which the Director of Community Development determines to be similar to uses by right. (c) Setback Requirements: (i) For Lots 6 -96: A minimum of 70% of the building footprint of any structure shall be located within the Building Envelope. (ii) For Lot 1: A minimum setback of 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. (d) Maximum Building Q eight: 35 Feet. Non - habitable architectural features such as chimneys, towers, - steeples -and similar features shall be excluded from the :'calculation of building height. 3i6901.14 MAYER 29 (e) Residential Density Allowance: (i) For Lots 6 -96: 1 single family dwelling or 1 primary/secondary structure per lot. (ii) for Lot 1: One caretaker unit (in addition to other permitted homeowner facility uses and structures). (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. 11. Plannine Areas N`- Community Park and P1 -P6 — Parkland. (a) Purpose: To provide sites -for park and recreation facilities,, open space, water storage and drainage improvements and landscape improvements., (b) Allowed Uses: (i) Equestrian, pedestrian and bicycle trails. (ii) Landscape improvements. (iii) Indoor and outdoor recreation facilities. (iv) Lakes, ponds, reservoirs and irrigation ditches. (v) Parks, picnic facilities and temporary entertainment for special events. (vi) Public or private roads and utilities including but not limited to utility improvements, lines' and mains, facilities, ' services and buildings. (c) Setback Reguirement: No minimum, except must be sufficient to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (d) Maximum Building g eight: 35 Feet. Non - habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. 3%W1.14 anAYU 30 (e) Density Allowance: N/A (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. 12. Natural Open Space - OS 1 - OS 10-.-- - - - -- - - - - (a) Purpose: To- provide sites for natural open space, trails and park facilities, water storage and drainage improvements and landscape improvements. (b) Allowed Uses: (i) Equestrian, pedestrian and bicycle trails. , (ii) Landscape improvements. (iii) Public or private roads and utilities including but riot limited to utility improvements, lines and mains, facilities,. services and buildings. Provided, however, that such uses :which are located in. -_--Planning' Area _OS LO shalLbe_orieated .. on a generall y north-south axis. (iv) For OS1 -OS9: (1) Lakes, ponds, reservoirs and irrigation aucnes. (2) Park and picnic facilities and related parking. (c) Special Review Uses for OS 10: (i) Lakes, ponds, reservoirs and irrigation ditches. (ii) Park and picnic facilities and related parking. (iii) Public or private roads and utilities to be oriented on a generally ------- east =west axis, including but not limited to utility improvements, lines and mains, facilities, services and buildings. - (d) - Setback Requirement: N/A - - - - -- -- -- 356801 14 MLAYER 31 (e) Maximum Building Height: N/A (f) Density Allowance, N/A (g) Parking_ Requirements: G. SPECIAL REVIEW USE 1. Special Review Use Permit. 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. A special review use shall not be considered a use by right without review and approval, as 'set forth in Section G.2. below, nor shall the use vest unless the Design Review Board approves a development plan for the property. 2. Application Filing and Processing. (a) An application with required materials (see Section G.3. below) shall be filed at the Department of Community Development. Only complete submittals.shall be accepted. No application shall be considered complete unless it is accompanied by a certificate of approval executed by.an officer of the Design Review Board. (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 17.12.100 of the Municipal Code, as amended. - - c — - Develo _ments and - uses_ ranted -_b s eciaLre_view use permit shall_ be O- -- I? - --- g Y p developed or, established in accordance with an approved development schedule, or within one year of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall - - -- - : cause _the: administrator�_vft* 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. If an approved use ceases operation for any 756801.14 WAYEX 32 reason for a period of one year, the special review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant. the department 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 the department. (e) 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 Guide, and the "Covenants. 3. Submittal Requirements'for Special Review Use. The applicant shall submit to the department any or all of the following materials which are, in the opinion of the administrator, relevant to the particular .permit being required. Only complete submittals shall be accepted. No application shall be deemed complete unless the application and associated site plans, elevations, drawings, development schedule and other required documents, as applicable, are accompanied -by-a- certificate- of- appro -vaL&e ecuted_-bK-an officer of the Design Review Board. (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) a Any agreements, provisions or covenants to be recorded; 35=1.14 M.A,M 33 (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 which shall be provided; (i) Any, additional materials, which, in the opinion of the Director of Community' Development, are necessary to adequately review the application. ' 4. Criteria-for Review Recommendation and Approval of Snecial'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 in conformance with the Design Review Guide; (c) 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. ' 5. . Amendments to Special Review Use Permit. '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 G. H. AMENDMENT PROCEDURES 1. - General. (a) Amendments to the Development Plan may be processed by the Town either formally or administratively. (b) During the term of the vested property rights created by this PUD Guide, 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 of Avon without the prior written 35MIA MAYM 34 consent of the Owner. For purposes of this subsection H.1.(b), "Owner" shall mean only EMD Limited Liability Company, a Colorado limited liability company, PVRT NOTT I LLC, a Colorado limited liability company, PVRT NOTT II LLC, a Colorado limited liability company, and PVRT NOTT III LLC, a Colorado limited liability company, and those parties, if any, to whom "Owner" as defined herein has specifically granted, in writing, the power to enter into such amendment. (c) Any such amendment shall contain the statement required pursuant to Section 17.14.050 of the Code and set forth in Section A.1 above, and shall create vested property rights for the duration of the term set forth in Section 1.3 of the Annexation and Development Agreement, and no such amendment' shall divest, limit or otherwise ' impair any vested property right originally created pursuant to Section A.1 above. 2. Formal Amendments. Amendments to the Development. Plan which do not qualify for the administrative amendment process described in subparagraph 3 below shall follow the formal amendment process set forth in Section 17.20.1,1 OK. of the Avon Municipal Code, as amended, except that the provisions of subsection H.1 above shall apply to all formal amendments of this PUD Guide. 3. -- Administrative Amendments. (a) Intent. To provide a simplified amendment procedure for minor modifications to the Development Plan. As used herein, the term "minor modifications" means a modification listed in subparagraph (d) below, or proposed modifications which the Director of Community Development otherwise determines to be eligible to be processed administratively, pursuant to subparagraph (c) below. (b) Determination of Appropriate Amendment Procedure. (i) The Director of Community Development or his or her designated representative shall determine whether a proposed amendment qualifies to be processed administratively. Proposed amendments which meet the criteria stated in subparagraph d. below shall be processed and approved administratively. Additionally,, proposed amendments which meet the criteria set forth in subsection (c)(i) below shall be processed administratively. (ii) Nothing herein shall be deemed to prevent an applicant from applying for a formal amendment, or from appealing to the Town Council or the courts the Director of Community Development's 3%01.14 tYMYM 35 determination of eligibility for administrative amendment and/or denial of a request for an administrative amendment. (c) General Provisions. (i) The Director of Community Development is authorized to approve applications that request modifications to Development Standards which subparagraph d. does not address, but which. comply with the following general criteria: (1) are not in incompatible with immediately adjoining - - 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. (_i_i_)_ The applicant may appeal any action or decision of the Director. of Community Development with respect to an application for administrative amendment to the Town 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 of Community Development's 'determination of an application's eligibility for administrative processing and/or the 'Director of Community Development's decision to deny a request for administrative amendment: — - -- -- - - - (iii) Development Standards set forth in this PUD Guide are considered maximums and minimums as follows: Maximums: density allowance, building height, square footage Minimums: setback requirements, parking requirements, landscaped area Unless otherwise indicated, no amendment is required for - == reductions = -to -these---maximum--standards,--or.— increases—to these minimum standards. 3%90114 MLAYM 36 (iv) Where Amendments to the Development Plan request dimension or spatial modifications of established Development Standards of up to the percentage stated in subparagraph d. below, the base used - - — for measurement shall -be the original ly-approved -PUD Guide, or the amendment which originally established the affected Development Standard. (v) Unless otherwise indicated, the criteria set forth in subparagraph d. below shall apply both on a Planning Area by Planning Area basis, - and- itrthe- aggregate = within he- Village {at (d) SRecific Provisions. A request for administrative amendment that complies with the following specific .criteria, as applicable, shall be processed administratively, and --shall, be, entitled to a presumption of compliance with the general criteria for approval set forth in subparagraph 3(c)(i) of this Section H: (i) Density Allowance. (1) Dwelling Units. Provided the aggregate number of _ Dwelling Units within the PUD does not-exceed 2,400, a ten percent (10 %) increase in the number of Dwelling Units _ - -- __allowed within any'Planning Area. (ii) Road Alignments.- Changes- to- public -or- private- .street - locations,, -and/or internal circulation design that do not substantially and materially alter the circulation pattern or traffic capacity of the overall roadway network in the Property. (iii) Public Improvements. Amendments to the Annexation and Development Agreement, if any, that affect the scope of public improvements may require a conforming administrative amendment to the Development Plan, if the - revision affects Development Standards fora particular site or Planning Area. (iv) Subdivision Related Changes Affecting Development Plans. ____Af the_Town approves any_ Sketch Plan, Preliminary Plan_or Fin_ al Plat that. incorporates any subdivision related element that is inconsistent or conflicts with any Development Standard or other' element of the approved Development Plan, any conforming 156801.14 MLAYER 37 amendment to the Development Plan that may be required shall be processed and approved administratively. Examples of subdivision related elements that may require a conforming amendment to the - -- -- -Development 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 Areas) affected -- - - -by- the- Sketch_Plan,_P_reEminaq -Pl n, or Final Plat the approval of whicTi necessitateelc the conforming amendment. (v) Planning Area Boundaries and-Lot Lines. The Owner may relocate or otherwise modify the Planning Area Boundaries and lot lines depicted on the PUD Master Plan as required to accommodate site planning or engineering considerations. Such changes shall be processed and approved administratively, without regard to whether they are requested in conjunction with changes made to a Sketch Plan, Preliminary Plan or Final Plat. (vi) Building, Envelopes. Changes in the location and/or area of any Building Envelope - within the parameters stated in the definition of "Building Envelope" set* forth in- Section-A.-2. -of this PUD Guide shall not require an amendment to the Development .Plan. Changes in the location and/or area of any Building Envelope that exceed the parameters set forth in the definition of "Building Envelope" shall be processed administratively, provided such changes do not reduce any required setback specified within the Wildlife Mitigation Plan, the Stream Setback Provisions, or any other applicable physical constraint established by this PUD Guide. (e) Procedure. (i) -Applicants must_ _ meet with the Director of Community Development or his or her designated representative prior to submittal of an administrative amendment request (unless, waived by' the Planning Staff) in order to obtain input into the _ appropriateness_ =of _the request_�nd _the _materials_ required to be submitted with the request. (ii) Upon a complete submittal of the required materials, the Director of Community - Development shall determine, within 15 days after 35MI.14 MAYER 38 submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. (iii) Af- the - request complies -with subsections (d)(i) through- (d)(v), as applicable. it shall be processed and approved administratively. If the request does not comply with or is not addressed by subsections (d)(i) through (d)(v), as applicable, but otherwise meets -the criteria stated in subparagraph 3(c)(i) of this Section H, the request shall be processed administratively, and the Director of ommunity_ eve op=ut ni - authorized =to- thereupon approve the request. (iv) Upon approval of an administrative amendment, the applicant shall submit a revised PUD Guide and/or a revised PUD Master Plan, as : - - - - -- = appropriate - --Such revised documentation - shall - be signed by the Owner and the owner(s) of record, will- be kept on file, at the Planning Department, and shall be recorded in the real property records for the County of Eagle, State of Colorado. I. SUPPLEMENTAL REGULATIONS 1. Fireplace - Regulations. All Dwelling-Units within The Village (at Avon) shall co ply with the following Town of Avon fireplace regulations: (a) Definitions. (i) "Solid- fuel - burning device" means any, fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp; - paper. or other non - liquid or , non - gaseous fuel. This definition specifically excludes non - commercial barbecue devices used to cook food outdoors. (ii) "Certified- solid - burning device which is certified by the Air Pollution Control Division of the Colorado Department of Health -- - - - - - -- - - n' - - - -- - - - to meet the emissions standards set forth in Section IV of Regulation No.­ of Volume I -of Colorado - ltiir Quality Control Commission. "Wood- burning fireplace" means an open hearth or fire chamber or similar prepared place in which a fire may be made and which is - built to conjunction wt -a chimney: - - 35MI.14 HEAVER 39 (iv) "Gas appliance" means a fully self- contained, U.L. listed and A.G.A. "fireplace" unit which does not require venting through a chimney and which does not permit the use of solid fuel. (v) "Gas -log fireplace" means a gas appliance equipped with an A.G.A and U.L. listed artificial -log unit which is approved for the burning of natural gas. (b) Regulations Below Elevation of 7,280 Feet. _ Below the-elevation of 7,,280 feet= no new wod&burning -or- other solid - fuel- burning fireplaces or other devices shall be permitted to be, constructed or installed. Below such elevation certified- solid -fuel- burning devices, gas appliances and gas -log fireplaces shall be permitted. Below such elevation there shall also be permitted -one wood - burning fireplace in the lobby of any Hotel or Lodge; provided, a fee in the amount of $3,000, is paid at the time of application for building permit (c) Regulations Above Elevation of 7.280 Feet. Above the elevation of 7,280 feet one wood - bunging fireplace shall be permitted in each new Dwelling Unit constructed; provided a fee in the amount of $1,500 is paid at the time of application for building permit; provided, no new wood- burning or other solid - fuel - burning fireplaces or — other devices shall be permitted in Dwelling Units triplex and greater m size. Above such elevation certified-solid-fuel' burning devices, gas appliances and gas -log fireplaces shall be permitted. (d) Gas Appliances. All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purpose of repair and maintenance. 2. Signs. Signs shall be in conformance with The Village (at Avon) Design Review Guide. 3. Parking Requirements. Parking-shall-be in conformance with-The Village.(at.Avon) Parking Regulations set forth in Exhibit C to this PUD Guide. 4. 'Surface.Parkinp- Landscaping- Requirements.. A 10' wide perimeter, ,landscape buffer shall be installed and maintained for all - outdoor: surface - parking - lots_within -the Property,- except for points of ingress and egress to the parking lot, and except for those portions of the perimeter that abut 356801.14 MLAYER 40 existing or planned outdoor surface parking areas. The landscaping plan for such . landscape buffers shall comply with applicable provisions of the Design Review Guide, and shall -be subject to prior approval of the Design Review Board. 5. Design and Improvement Standards. Development within The Village (at Avon) shall comply with the Design and Improvement Standards contained within Section 16.40 of the Avon Municipal Code in effect on June 1, 1998, with the following modifications: (a) Roadways standard modif cations for roads located north of , Interstate Highway 70 not.maintained by the Town of Avon: (i) Minimum Driving Surface Width: 22 feet (ii) Minimum Shoulder Width- Each Side: 2 foot paved (1) Shoulders shall not be required if curb, gutter and sidewalk is installed. (iii) Design Speed: 25 miles per hour (iv) Maximum Grade: 10% - --(v)— Miufinum- Curve- Radius: -75- feet - - -. (vi) Minimum Sight Distance: 150 feet (vii) Cul -de -sacs may exceed one thousand feet (1,000') in length and service not more than 280 residential units; provided, however, that the portion -of the cul -de -sac that is in excess of 1,000' shall not - service commercial uses. (b) Roadway standard modifications for roads located south of Interstate Highway 70 and roads maintained by the Town of Avon: (i) Shoulders shall not be required if curb, gutter and sidewalk are -- -----installed. - -- -_ -- - (ii) Median areas shall not require a sidewalk and, if curb and gutter is installed, shall not require a shoulder. (iii) Maximum Grade: 8 1/2% for Nottingham Ranch Road (this - - -- standard - shall -also apply- to -that portion of Nottingham Ranch Road located north of Interstate Highway 70 and maintained by the Town of Avon). All other roads 6 %. 3S6em ie' MUYE n 41 (iv) Minimum Curve Radius: In accordance with Town standards except that one curve upon East Beaver Creek Boulevard within Planning Area A may have a minimum curve radius of 165'. (v) Within Planning Areas D and E, cul -de -sacs may exceed one thousand feet (1,000') in length and service not more than-450 units; provided, however,, that the total cul -de -sac length shall not exceed five thousand linear feet (5,000') and shall not service - commercial uses. The portion of such cul= de= sacseivicing 250`6r more residential Dwelling Units shall be constructed to collector street design standards, and the portion of such cul-de -sacs servicing 250 or less residential 'Dwelling Units shall be - constructed to local street design standards. (c) 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 life- developed- hydrograp being combined. (d) The minimum sidewalk and trail width standards shall be as follows: (i) Sidewalk: 4' minimum width for local streets 6' minimum width for collector and arterial - - - streets (ii) Multi -use trails: .8' minimum width. (e) Other variances from the Town of Avon Design and Improvement — `�Standar`ds -m - Section 1 -6.40 --of the Avon Municipal Code will considered by the Town of Avon on a case by case basis at the Preliminary Plan review stage as sufficient details are provided to fully _evaluate the 35MOI 14 MLAYER 42 impacts of the proposed variances, which variances shall not be unreasonably withheld. 6. Wildlife Mitigation Plan. The Wildlife, Mitigation Plan attached to this PUD Guide as. Exhibit D shall constitute the sole wildlife mitigation measures required for The Village (at Avon) PUD. 7. Design Review Guide. (a) The Owner shall prepare, and the Design Review Board shall adopt, a Design Review Guide which the Design Review Board shall utilize for review:_of: all= deuelopment:.pzoposals.,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 -3 and Lots. 1 -96, the Design Guidelines shall contain, - at a minimum, the provisions set forth in Exhibit E attached to this PUD Guide. (b) Before adopting the initial Design Review Guide in final form, the Design Review Board shall submit the Design Review Guide to the -Planning and Zoning Commission for its review, and approval, which shall not be unreasonably withheld. By not later than the sixtieth (60`x) day after the _ date on which the Design Review Board submits the initial Design Review Guide for review and approval, the Planning and Zoning Commission shall- either approve the - Design Review Guide as submitted, or disapprove, the Design Review Guide. If the Planning and Zoning Commission fails Jo so act within the sixty (60) day review period provided herein, the Design Review Guide shall be deemed approved as submitted and shall be valid and effective in accordance with its terms for all purposes. If, within the sixty (60) day review period provided herein, the Planning and Zoning Commission disapproves the Design Review Guide, it shall deliver to the; Design Review Board, within five (5) ' days after taking such action, -written notice of the specific objections -upon- which it based its disapproval. Upon receipt of such notice, the Design Review Board shall -- -- have the- option; at its sole election, either to:. (i) modify -the Design Review Guide to meet the stated objections and, - ---- - - -at- -any -time thereafter, to resubmit the. modified Design Review Guide to the Planning and Zoning Commission for review and approval within thirty (30) days after such resubmission; or (ii) appealT iom the —Town Council>ie- Plannirig oning Commission's denial (whether of the initial submission or any resubmission) by submitting the unmodified (or partially, modified) Design Review Guide to the Town Clerk, within. thirty (30) days 3%W1.14 M AYER 43 after the date of the Planning and Zoning Commission's action, for the Town Council's review and approval, which shall not unreasonably be withheld, or disapproval within twenty -one (21) days after the date on which the appeal is filed. Nothing herein shall be deemed to prevent Owner and/or the Design Review Board from appealing to the courts the disapproval of the Design Review Guide by the Town Council, or from, pursuing in the courts any remedy otherwise available at law or in equity. (c) The - Owner or the Design Review Board may,- in - accordance with the terms and conditions of the Covenants and the De e sign Re- - Guide, as applicable, amend the approved and -adopted Design Review Guide.' Aineridments: to°the- Desien-Review G_ uide that "do not- conflict with any term-'of -of-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 Guide 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 of Community Development, may be processed either formally or administratively, pursuant to Section H of this PUD Guide. - - - - -(d) - - The- Design Review Board shall have primary responsibility for enforcing the Design Review Guide. If the Town Council determines in good faith at a public hearing after notice to the Design Review Board that the Design - Review Board is not properly enforcing the Design Review Guide,' the Town Council shall provide written notice to the Design Review Board, of such determination. Such notice shall state with particularity the alleged failure and the Town Council's factual f ndings supporting such determination.. If the Design Review Board fails to correct the stated deficiency within thirty (30) days after receipt of such notice, the Town Council may, but shall not be obligated to, enforce the Design Review Guide with respect to the matters addressed in the notice -.- _- 8� - Stream Setback Provisions. A thirty foot strip of land measured horizontally from the mean annual flood high water mark on- each - side -of any- live - strearn - located- within -the boundaries of a proposed subdivision shall be protected in its natural state with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection - devices may_ be- constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. _ Underground_ utilities and roadway crossings may be located in such protected area provided, that there is no practical 3WQ1 14 MLAV a 44- , alternative location for such utilities or roadways, that the plans are approved by the town council through its designated representative and that all construction scars are revegetated. 9. Residential Fire Suppression Systems. All single - family and multi - family residential structures constructed in Planning Area RMF -3 and on Lots 6 -96 as shown on the PUD Master Plan, as amended, shall include appropriate fire suppression systems as determined by the Town's Fire Chief pursuant to applicable Town regulations in effect from time to time and applied on a uniform and nondiscriminatory basis within the Town, and as approved by the Design Review Board. 10. Park Recreation and Trail Access. All parks, recreation and trails facilities the construction, maintenance and operation of which the "Districts" (as described in Section 4.4 of the .Annexation and 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, .thee Owner shall facilitate non - motorized access through the Property to off -site trail systems as follows: (a) Provision of a public trail head location in Planning_Area_ RMF -2..to be connected by a trail, the locations of which Owner will determine in its sole discretion, to United States Forest Service property located north of, Planning Area OS4; and (b) Facilitation of 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 M, RMF -1, N, RMF -2 and the most southerly '/4 section of 088. Owner shall determine in its sole discretion the location within the Property of such trail, sidewalk and/or road. 11. Affordable Housing Plan. Owner will provide for affordable housing within the Property at locations determined by Owner in its sole discretion and in accordance with the following terms, conditions and requirements: (a) Owner will provide 500 affordable housing units, or assure that the same are supplied by others, as set forth below. (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 7s6eo1 14 ty"YER 45 Property, and third 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"Qualif ed -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 of 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-4o- 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 subpgagrak4 (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; V half of 1998 = 160.5). 156801.14 A"YM 46 (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 Owner or a Qualified Buyer. -_ 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 djtistefi $r- heusehol"izeAncluding — —util-ities, - for— whic-h--allowances are - determined annually—b_y__ the Colorado Housing Finance Agency. — A O -- _Capital _improvements to a for -sale unit may be made up to ten percent of the original purchase. price of the unit every ten years. No restrictions on capital improvements shall be placed on rental units. (vi) In addition to the annual price appreciation, real estate commissions not to exceed three percent (3 %) and closing costs shall be allowed for re -sales of for -sale units after the initial sales of such for -sale units by the Owner. (vii)— First-time- home - buyers shall be exempt from Real Estate Transfer Fees as set forth in the Annexation and Development Agreement. (e) Subject to receiving all required . permits and approvals therefor; Owner will assure that a minimum of 100 affordable housing units will be constructed in conjunction with the initial phase of commercial and/or residential construction within the Project (but nov iii connection with the construction of infrastructure in preparation for such initial phase of commercial and/or residential construction). 12. Provision of Certain Amenities. (a) Community Park (Planning Area N): (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 601' Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. -(ii) - - Construction of the - second fifty percent (50% o). -of -the_ community park shall be commenced prior to the date that the Town's 35UG1 14 MLAYU 47 obligation arises to issue a certificate of occupancy for the, Dwelling Unit constituting the 1200' 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)--- docket -Parks- (Planning Areas P 1 - P6) and Bike Trails: Pocket parks and bike trail improvements shall be commenced and prosecuted with due diligence in accordance with sound construction practices concurrently with development -of immediately adjacent. parcels._ (c) Community Center (Planning Area B): (i) Construction of the initial phase of the community center 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 601' Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second (final) phase of the community center 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 1200` 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. (d) Ice Skating/Events Center (Planning Area C): Construction of the ice skating/events center shall be commenced prior to the date that the Town's obligation arises to issue a, certificate of occupancy for the Commercial Space including the 200,000 square foot of floor area for which the Town has issued a certificate of occupancy for Commercial Space within Planning Area A. Once commenced, construction of the ice skating/events center shall be prosecuted with due diligence in accordance with sound construction practices. 35MLM MI.AYM 48 EXHIBIT A Legal Description 356801.11 M"YFR A-1 WEST PARCEL That part of the SE 1/4 NE 1/4 of Section 12, Township 5 South,, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, - according to-the Dependent Resurvey and Survey of said Towns hip. and, Range, accepted September 7, 1977 by the Department of the Interior Bureau of Land Management in Washington, D.C., together with that part of the NW 1/4 of Section 7' Township 5 South, Range 81 West o-f-the Sixth - Principal- "Meridian, Eagle County, Colorado,__ according to the-Dependent Res_urvey__of- said _Township and Range, accepted--November 1, 1943 y the Depa nt of'the Interior General Land Office -in Washington, D.C., both _parts of said Sections lying north of Interstate Highway No 70 and being described as a whole as follows: - Beginning at the Northwest corner of said' Section 7; thence the following two courses - - along the northerly line of said Section 7: (1) N88 °49'24 "E 1412.90 feet, to the W 1/16 corner of said Section 7 and Section 6 of said Township 5 South, Range 81 West; (2) N88' 49' 24 "E 1378.'56 feet, to the 1/4 corner of said Sections 7 &-6; thence, departing said northerly line, the following two courses along the easterly line of the NW 1/4 of said Section 7; (1) S00011112 11E 1345.19 feet, to the CN 1/16 corner of said Section 7; (2) S00'11'12 "E 1275.81 feet, to the northerly right -of -way line of Intersate 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 ,seven courses along said. northerly right -of -way line: (1) N70024151 11W 2239.64 feet; (2) N89042121 11W 211.9 feet; - -_(3) N70 °24'51 "W 500.2 feet, to the common north -south line of said Sections 7 & 12; (4) N70024151 11W 93.9 feet; (5) 393.3 feet - along - the arc of a curve to the right, having a radius of 5550.0 feet, a central angle of 04'03'37 ", and a chord which bears N68'23'02 "W 393.2'feet; (6) N74'38'51 "W'98.1 feet; (7) 274.54 feet along the_arc of a curve to the right, having a radius of 5565.0 feet, a' central- -angle of - 02049- 1-361'; -and---a-chord---which bears N63'56'271W 274.51 feet, to the northerly line of the SE 1/4 NE 1/4 of said Section 12; thence S89 058'41 "E 793.44 feet, along said northerly line,_ to the N 1/16 corner of said Sections 12 and 7; thence N00' 11,' 27 "W 1321.54 feet, along the westerly line of said Section 7, to the point of beginning, containing 138.34 acres, more or less. REVISED EAST PARCEL Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 8; thence the following four courses along the northerly line of said'Section 8: (1) N88 °40141 "E 1379.49 feet, to the W 1/16 corner of said Section 8 and Section 5 of said Township and Range; (2) N88 °40'41 "E 1379.49 feet, to the 1/4 corner of said Sections 8 and 5; (3) N88 °42'58 "E - 1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4) N88 042158 11E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83 629130 11E 1386.63 feet, to the W 1/16 corner of said Sections 9 and 4;.(2) N83 029130 "E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83 024112 11E 1386.30 feet, to the E'1 /16 corner of said Sections 9 and 4; (4) N83 024112 11E 1386:30 feet, to the corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the following two courses along the northerly line of said Section 10: (1) N86-39-2411E 1381.'29 ,feet, to the W 1/16 corner of said Sections 10 and 3; (2) N86 039124 "E 1299.94 feet; thence, departing said northerly line, SO1 °34'076W 2699.66 feet, to the east -west centerline of said Section _10; thence, along said east -west centerline, S86032'2311W_1304.0__6 feet, to the W 1/16 corner of said Section 10; thence-S01 °32'50 "W 1349.33 feet, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, to the SW 1/16 corner of said Section 10; thence S86 032'47 "W 1384.91 feet, along the southerly line of said NW 1/4 SW '1/4j, to the S 1/16 corner of said Sections 10 and 9; thence S77 010'15 "W 1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said. Section 9, to the SE 1/16 corner of said Section 9; thence S01 033'02 "W 1475.32 feet, along the easterly line of the'SW 1/4 SE 1/4 of said Section 9, to the E 1/16 corner of said Section 9 and Section 16 of said Township and Range; thence S72 °20'31 "W 1450.43 feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4 corner of said Sections 9 and 16; thence N01 034'18 "E 1601.52 feet, to the CS 1/16 corner of said Section 9; thence S860 07' 30 "W 1378.19 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, to the SW 1/16 corner of said Section 9; thence S01 °33'13 "W 1506.37 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 9, to the W 1/16 corner of said Sections 9 and 16; thence N89 055'04 "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 and 16 and Section 17 of said Township and Range; thence N01 032'00 "E 3.82 feet, along the westerly line of said Section 9, to the northerly right.. -of -way line of the Denver & Rio Grande Western Railroad, said northerly right -of -way line being parallel with and .50 feet northerly of the centerline of the existing railroad tracks; thence the following two courses along said northerly right -of -way line: (1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02 °15'34 ", and a chord which bears N85 051'36 "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 051'07 11E 1337.77 feet, along said westerly line, to the SE 1/16 corner of said Section 8; thence N89 054'54 "W 1333.58 feet, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the CS 1/16 corner of said Section 8; thence N89 °58'35 "W 1366.46 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to the SW 1/16 corner of said Section 8; thence S00 001'37 "E 919.47 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section -- 8 -,-to the -mortherly rightrto Way line- of- Interstate_Highway No. 70, -as-- described - in -the- deed recorded in Book 223- at Page-- 982-in the of f ice of -the Eagle -County -,-- Eo-l-orado,- Clerk - -and - Recorder; thence the following ten courses along said northerly right -of -way line: (1) N65 °30'20 "W 249.79 feet; (2) N78 047150 11W 317.2 feet; (3) N83 008120 "W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 - -feet, a central angle of 30 °15152 ", and a chord which bears N54 °57'56 "W 763.3 feet; (5) N34 037150 11W 331.1 feet; (6) N34 °44120 11W 368.5 feet; (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet, a central angle of 25 °27'04 ", and a chord which bears N51 029150 11W 798.3 feet; (8) N68 °24150 11W 399.7 feet; (9) N49 047120 11W 213.6 feet; (10) N70 020150 "W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the following two courses along said northerly line: (1) N89 050'40 "E 1194.46 feet, to the CE -- r /i6�orirer -af said Section;- (2 )-- N- 89 °- 50' -40 "E- 1378.25 feet, to the 1/4 corner of said Sections 7 and 8; thence the following two - -- — cour -ses along---the- westerly line -__of_ said Section 8: (1) N00 ° 10' 53 "W 1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00 010153 "W 1369.10 feet, to the point of beginning, containing 1468.94 acres, more or less. SOUTH PARCEL ,A - North of Railroad right -of -way 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 --_r7; thence - S89 °23'- 36 "E_- 526.- 7.6_feet,_alonq =the northerly line of said NE-1/4 0 Section 17; to the northerly right -of -way line of the- Denver & -Rio Grande Western Railroad; thence, departing said northerly line of Sect_ ion17,._the following- two courses along the northerly right -of- way line " -of -the- -Denver - - &- Rio Grande - Weste_rn- Railroad; said northerly right -of -way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80 036127 11W 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 °041581', and a chord which bears S83 °38'57 "W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00 °20155 "W 78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less. SOUTH PARCEL B - South of Railroad right- of -wav 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: Beginning - "at theNortheast corner of said Section 17; thence S01 ° 41' 49 "E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, SO1 041'49 "E 73.07 feet, to the centerline of said -Eagle -River; thence the following four courses- along said centerline (Filum aquce): (1) N89 024149 "W 1037.9 feet; (2) N86 007149 11W 472.00 feet; (3) N89 °29149 11W 538.00 feet; (4) S82 033111 "W 595.15 feet, to the westerly line of said NE 1/4; thence N00 °20'55 "W 49.18 feet, along said westerly line to the southerly right -of -way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right -of -way line of the Denver & Rio Grande Western Railroad, said southerly right -of -way __line_being_ parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06 °11'51 "; an a c ord, which bears N83 042123 11E 279.58 feet; (2) N80 036127 11E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12 024107 ", and a chord which bears 54 feet along the 685.10 rc of a curve S86 °59'25 "E 1216.38 feet; (5) g to the right, having a radius of 2549.33 feet, a central angle of 02 031146 ". and a chord which bears S85 °43131 "E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less. A parcel of land located in the E16 of Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian. the 115 and the SEX of- Section 7. Township_5 South_, Range 81 Nest of the 6th Principal Meridian, -and. the SM9�SWx of Section 8. Township 5 South. Range 61 Nest of the 6th Princi pal Meridian lying southerly of the Interstate 70 right -of -way line, easterly of benchmart Subdivision, and northerly of the Denver and Rio Grande Western Railroad,right -of -way line. in Eagle County, Colorado, more particularly 'described as follows: Beginning at a point on the .southerly right -of -way li�e_of_Interstate 70 _ - -tea hence= the_Morth�uar_ter _COOgr_of ='a id =Sect toh= �_ beers' yN = _10 ° -17' - -20" -W _ 3308:72 feet;-,--- thence the following 12 courses along said southerly right -of -way -line: 1) -$.700 22' 43" E. 431.20 feet; _ :333.80 _feet ; - 3) - S:'51 =44' 93 "-E: 352.60 -- feet-*9- -- -- - _. _ -_•.__ _ __ —._ - 4) -S. 24° 13' 13" E. 96.20 feet; 5) S. 450 43' 43" E. 203.80 feet; - 6) S. 370 16' 13" E. 327.70 feet; 7) S. 320 40' 43" E. 168.70 feet; 8) S. SO° 10' 13" E. 210.60 feet; 9) S. 38° 45' 13" E. 521.50 feet; 10) S. 690 45' 43" E. 670.90 feet; 11) S. 80° 21' 43" E.,654.7O feet; 12) along a curve to the right having a radius of 1734.90 feet. .a central ogle of 110 05' 140, an arc distance of.335.72 feet and -a long_ine Chord of 335.19 feet Dearing S. 720 08' 02' E. to the easterly line of the SW16SWf. of said Section 8; _. thence S. 00° 01' 00" W. 65.80 feet along said easterly Iine to the southerly line of said Section 8; thence N. 890 32' 28" W. 529.28 feet along said southerly line to the northerly right -of, -way line - of the hltenver and Rio Grande Western Railroad; thence the following 12 courses along said, right -of -way line: 1) along a curve to the right having a radius of 2033.48 feet.,a central angle of .030 44' 420. an arc distance of 132.91 feet. and a Long Chord of 132.89 feet Dearing N. 70° 30' 09" W.; 2) N. 680 37' 48" W. 527.88 feet: 3) along a curve to the left laving a radius of 5779.70 feet. a central angle of 02° 17' 26 ". an arc distance of 231.12 feet, and a Long Chord of 231.09 feet bearing N. 690 46' 32" W.; EXHIBIT B PUD Master Plan B-1 356801.11 ML AYER EXHIBIT C The Village (at Avon) Parking Regulations 756801.14 MLAYU C -1 S z m A A A A m F N z mm, NO 111111 ill] 5 C7 A A A A m mm, NO 111111 ill] 5 C7 EXHIBIT C THE VILLAGE (at Avon) Off Street Parking Regulations A. 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 Minimum Requirements a. Per dwelling Unit: (1) Single - family or duplex 2 spaces / unit 3 spaces / unit for units over 2,500 sq. ft. not including gage (2) Multifamily building and - townhouses (a) Studio 1 space (b) One bedroom 1 -1/2 spaces (c) All others 2 spaces b. Per accommodation unit including lockoffs: (1) One bedroom 1 space (2) Over one bedroom 1 space plus ' /z space for each additional bedroom in excess of one c. Guest parking spaces: Multifamily and townhouses (1) 3 - - 5 units 2 spaces (2) .5 - - 10 units 3 spaces' (3) 11 - - 15 units 4 spaces (4) 16 - - 20 units 5 spaces (5) 21 - - 25 units '6 spaces (6) over 25 units 7 spaces plus 1 space for each 5 units in excess of 25, up to a maximum of 10 additional spaces Residential Land Use Minimum Requirements d. Mobile home parks: 2 spaces /mobile home space e. Timesharing units: 1 space per 600 square feet but not less than 1 space per unit unless reduced as part of a mixed -use project reduction 2. Commercial Land Use Minimum Requirements a. Shopping and convenience 4 / 1000 sq. ft. GLFA goods retail, b.'- Personal services & repairs est. 3 / 1000 sq. ft. GLFA Business & professional services Office buildings & banks (except drive -in banks) c. Drive -in banks 3 / 1000 sq. ft. GFA plus 5 storage spaces/outside teller window or drop station - - - A. Restaurants -Food consumed 1 / 60 sq. ft., of seating area within structure only, outside patio used with a bar or restaurant do not require any parking e. Restaurants — Carry out only - 10 / 1000 sq. ft. GFA f. Restaurants with drive -up window 1 / 60 sq. ft. of seating area plus storage for 7 car / dr_ ive= up window g. Service stations 2 / 1000 sq. ft. GFA h. Commercial recreation 4 / alley plus 1 / employee facilities, bowling alleys Tennis courts 4 / court plus 1 / employee Handball & racquetball 2 / court plus 1 / employee Courts Swimming pools 20 / 1000 sq. ft. GWA 2 Skating rinks 3. Industrial Land Uses Manufacturing plants, warehousing, Wholesaling establishments, Freight terminals 10 / 1000 sq. ft. GFA Minimum Requirements 1 / 800 sq. ft. GFA Requirements - - -' -- - - a. Nursery schools & day care centers 2 / 1000 sq. ft. GFA b. Elementary & junior high schools 1 / employee c. Senior'high schools iYarripl6pe-e-plus-I teach 6 students based on design capacity d. Trade schools 1 / each 2 students 5. Medical Land Uses a. - Docfoi's offices; including optometrist, medical, dental, chiropractor, chiropodist, and all others b. Hospitals 6. Public Buildings a. Auditoriums, theaters, stadiums and arenas J"b'. v- Museuiris and- libraries- - --- c.-- Public utilities- companies 7. Other Land -Uses a. Churches b. Clubs and lodges Minimum -Requirements - -- — - 5 /-1000 sq.-ft._GFA----- 1 / bed Minimum Requirements 1 / 4 seats 4 / 1000 sq. ft. GFA --3-/ 1000 sq. ft. GFA Minimum Requirements 1/ each 3 seats provided in main seating area 5 1 1000 sq. ft. GFA 3 c. Other uses B. Shared Facilities As determined by zoning administrator Where The Village (at Avon) has constructed or proposes to construct, shared off street parking - facilities, all, or a part of the parking spaces required for any use - within = the = project =may = be.provided within such - facilities - - - --- - - - == C. Reduction in Parking Requirements for Mixed Use Projects 1) Shared Parking: Projects and Minimum Number of Parking Spaces. Cumulative parking requirements for mixed -use occupancies or shared facilities may be reduced where it can be determined that, the peak requirements of the several occupancies occur at different times (either daily or seasonally). The minimum number of parking spaces - for -a shared use project shall be 'determined by utilizing the following the procedures of the Urban Land Institute SharedTParking Mzdiial. The-study -sha -bie reviewed-by li_e approval of the Director of Community Development. The actual number of parking spaces required shall be based on local demand rates, if available, except that default- rates from the ULI manual may be used where it is impractical to determine `.`local" demand rates. (For example, a proposed land use that is not found locally or whose annual peak season is too far in the future to wait to do - -- -a survey- are-cases -where national default rates are appropriate). For the purpose of determining the greatest of the aggregate gross minimum numbers of parking spaces for nighttime, daytime, and evening periods, the following rules shall be applied: a)- -The minimum number of parking spaces that. are to be provided and maintained for each use shall be determined by identifying the use in the column entitled "Type of Land Use" and the corresponding minimum - - - number -of parking- spaces in the same row. b) The gross minimum number of parking spaces shall be multiplied by the "occupancy rate" shown'in Tables I and 2 for each, use for the weekday night, daytime and evening periods, and w_ ee_ke_n_d_ night, daytime and evening periods respectively. c) The gross minimum numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross minimum numbers of parking spaces for each time period. 4 d) The larger of the aggregate gross minimum numbers of parking spaces for each time period shall be determined and shall be the minimum number of spaces provided for the mixed use project. Parking spaces to be shared cannot be reserved for specific uses or individuals except during off -peak hours. Spaces for residents may not be shared, although guest spaces and extra' residents' spaces beyond minimum requirements may be shared with nonresidential uses. --` fa'lile -1 �day Parking Occupancy Rates = Percent o - astc- Minimum Needed During Time period Uses Residential Office Commercial - Retail Hotel + Restaurant Movie Theater Entertainment Conference /Convention Weekday Night Midnight - 6 am 100% 5 5 100 10 10 10 5 Weekday Day 8am -5 pm 80% 100 90 80 70* 40 40 100 Weekday Evening 6 pm - Midnight 100% 20 80 100 100 80 100 1U0 * Fast food, breakfast or lunch - oriented establishment = t00 percent. Excludes confereace/convention facilities. "Ile minimum requirements for resident's own spaces must be met in exclusive (nonshared) parking, but guest'parking and extra resident's parking may be shared. Table 2 Weekend Parking Occupancy Rates Percent of Basic Minimum Needed During Time Period Uses Residential *' Office Commercial - Retail - H- otel-4; - - - -- - — Restaurant Movie-Theater - -- Entertainment Conference/Convention Weekend Night Midnight - 6 am 100% 5 5 100 20 ___10 - 50 5 Weekend Day 8am -5pm 80% 5 100 - -80 -- 70* 80 100 Weekend Evening 6 pm - Midnight 100% 5 70 100 100 100 100 100 *- 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) parking, but guest parking and extra resident's parking may be shared. 5 2) Captive Market Parking requirements a) In' addition to the reduction in parking requirements' for mixed use projects, parking requirements for retail, restaurant, hotel, convention and conference uses may be reduced where it can be determined that some portion of the patronage of these businesses comes from other uses (e.g.. employees of area offices patronizing restaurants) located within a maximum walking distance of 500 feet. Parking -requirements may be reduced up to 90 percent as appropriate with approval of the Director of Community Development. =. b) =- Procedure::- The – Director- of,= Gommunity_=Development may , approve' a reduction in required parking spaces based 'upon the provisions of these regulations. Applications for such a reduction must, be submitted in writing accompanied by the following: A parking' demand analysis prepared by. a qualified parking or traffic consultant, which substantiates the basis for granting a reduced number of spaces. Shared: parking operations plan showing that: • Parking spaces intended for shared parking conveniently -serve the land uses intended. • Consideration is given to the appropriate location and layout of high vs. low turnover parking spaces. • Any controlled parking such as paid,, gated' or valet parking areas should be located in such a manner as to'control turnover rates but not prohibit some parkers from using all spaces. • Directional signage is provided directing drivers to the most convenient parking areas for each particular land use (if su&distinctions can be made). • Pedestrian links between parking areas and land uses are as direct and short as possible: • Safety and security are ensured and maintained at the site through a comprehensive program including, but not limited to, signing, lighting' and television monitoring, if warranted. c) The owners agree that, before a change in use or operating hours that could increase peak parking demand by at least 10 percent, a follow -up study shall be lDrovided' analy-zing' the change in demand patterns. Any - - forecast deficiency must be met by -the construction- of-additional parking - - spaces, payment - -of in -lieu fees, or support of shuttle service or other. employee trip reduction program satisfactory to the Town. 3) Agreement Between Sharing Property Owners If a privately owned parking facility is to serve two or more separate properties, then a legal agreement between property owners, is required that indicates responsibilities for operating, maintaining and accepting liability for personal injury and property damage. Unless explicitly stated to the contrary, Z the property owner of the parking facility accepts responsibility for these areas. _4)_ -Walking -Distance and Pedestrian Connections____ Shared spaces must be located within 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 grade_ crossing__ of an arterial. street except of 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 van service must be approved by the Director of Community Development. 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. D: " - - "- Parking Space Sze Reduction for Compact Cars Up to thirty percent of the total number of parking' spaces provided in covered or underground structures on lots containing twenty -five or more parking spaces may be reduced in size down to a minimum 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. 7 EXHIBIT D Wildlife Mitigation Plan 356801 14 M-LAYER D-I - I EXHIBIT D THE VILLAGE - - - — (at Avon) 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 owners of the properties constituting The Village (at Avon) [VAA] property, their successors or, assigns, including the possibility of one or more Homeowners 'or Property Owner Association(s), and/or a public improvement company (any of which shall be referred to as an Association) to be formed which may undertake owners' responsibilities under this Agreement, hereby agree to the following stipulations in conjunction with The Village (at Avon) PUD. 3) WINTER RANGE COMPENSATION To compensate for the Elk Winter Range habitat loss associated with the development, a ,private, VAA 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. Fund principal shall be based on winter range losses associated with the development. At full buildout, VAA development would encroach upon 155 acres of native habitat on the property designated elk winter range. Compensation, based on (1) the loss of. 155 acres of winter range, (2) 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, (3) current fertilization costs of $65.00 /acre (in 1998 dollars), and (4) an interest rate of 5 %, 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 totalling $105,519.70 (in 1998 dollars). This amount will be deposited into the Fund upon the Fund's establishment. 4) SETBACKS A 100 foot setback from the closest edge of building envelopes of lots 57, 58, 59, 64, 69, 74, 94 and 96 adjacent to U.S. Forest Service lands along the northern property boundary to both buffer residential activities from public lands and public activities (e.g. pnncipally hunting and other recreational uses) trom the adjacent residences will be provided Town of Avon required stream setbacks are specified in the VAA PUD Guide and will be adequate to protect water quality, existing riparian vegetation, and allow, for further riparian development. Impacts to jurisdictional wetlands will be protected by the Clean Water Act. 5) BUILDING ENVELOPES 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.have been established on all single family lots north of I -70 as indicated upon the PUD Development Plan/Sketch Plan and are governed by The Village (at Avon) PUD Guide. These envelopes have been 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 will 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 will be educated 'to appreciate and maintain the existing vegetative community, particularly forests and shrubby areas which provide critical wildlife cover and forage values. Upon lots 72 -86 any required tree /shrub clearing for wildfire mitigation shall be contained within the designated envelope. The area of fertilized, irrigated landscaping each residence is permitted to have will be restricted to < 5,000 square feet. Residents will also be educated to recognize that they have moved into wildlife habitat, that some wildlife will have strong compulsions to eat what homeowners plant, and that the CDOW will not be liable for wildlife damage to landscaping. 6) OPEN SPACE Approximately 483 acres (OS -4 to OS -8) north of I -70 have been designated as common open space. These areas include some of the most valuable winter range, migration corridors, and other important wildlife habitats on the property. It is the intention that open space blocks OS-4 to OS -8 function primarily as wildlife habitat. Other subdivision uses may occur in these areas, however, these areas will be preserved primarily in their undeveloped condition and managed to further enhance wildlife values. In addition, a larger acreage of the property on single family lots north of I -70 will be preserved outside of designated building envelopes and will 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 single family 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. 2 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 Lot 84 and the eastern edge of the Building Envelopes for Lots 81. 82. and 83 as indicated upon the PUD Development Plan /Sketch 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 Road design and use through portions of VAA has the potential to disrupt migratory deer =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. Road widths will be minimized to force slower operating speeds and adjusted to the number of residences being served by the road. There will be no bike lanes or paved road shoulders beyond Lot 59. Roads near the distal, eastern portion of the development will have relatively - narrow (i.e., approximately 20 ft.) operating surfaces. 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 will m be designed to allow wildlife movements. Standard guard rails restrict wildlife_ovements- and can increase wildlife- vehicle collisions. Restricted access, if possible, to all VAA single family -- residential development on lots 1 =95 will reduce vehicular use- through -a -large portion of the development to the benefit of wildlife. 9) TRAILS With the exception of public access through the property along an existing trail through OS-4, there shall be no public access through the property -to U.S. Forest Service lands to the north. Public and VAA, access along the, trail through OS-4 shall be limited to foot traffic only-. - Seasonal, restrictions will be-associated with this trail to ensure use is compatible with important wildlife use on and adjacent to the Property (see below). No other trails'shalfbe developed within the Protected Wildlife Habitat (defined below in Section 10) on the Property without the agreement of the CD to except for an access trail/path/emergency _ - -vehicle access connecting Planning Area RMF -2 to Planning Area N. 10) SEASONAL USE RESTRICTIONS - 'Seasonal use restrictions will -be- imposed - and- enfor- c'ed -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- open space blocks OS -4 to- OS4 (hereinafter "Protected Wildlife Habitat" [PWHJ)_will be restricted_ during the winter range occupancy period extending from December 15'to April 1 "5: Recreational use,- iricludirig nordic "skiing, 3 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 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. Home construction on Lots 79 -85 could occur throughout the year, however, daily outdoor construction periods on individual lots (excluding construction worker travel (i.ie:, arrival and departure) shall be restricted to the period between 6:30a.m. and 5:30p;rrt. hours during spring migration (defined above) and .7:30a.m. and 4:15p.m. hours during fall migration (defined above). This will 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 VAA, the public -trail running through parcel OS-4 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 Village (at Avon). 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 PUD, the Town, CDOW, and U.S. Forest Service may also enforce these restrictions, within their respective jurisdictions. 11) RECLAMATION/LANDSCAPING Native wildlife habitats disturbed by construction activity outside of building envelopes in, P W H should be reseeded or replanted with those native plant species originally-present. Where "service access is'required, the re- planting of trees could be excluded from utility corridors. Re- planting along road shoulders can exclude trees and shrubs to maximize vertical and horizontal sight, distances and reduce the probability of road - killed wildlife.. Vehicle speeds within the development on-roads north of Interstate Highway 70 should be slow enough that road shoulders could be reseeded with plants palatable to big game without increasing the probability of road -kills. Homeowners are strongly encouraged to landscape with native plant species to avoid wildlife damage. The CDOW will not be liable for wildlife damage to landscaping. A list of suitable landscaping materials, their maintenance and protection will be provided to homeowners. 4 12) DOGS AND PET CONTROL Owners of each residential lot will be permitted to harbor up to two dogs and offspring up to three months old. Residents will 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 lot's building envelope, and shall not exceed 1,000 square feet. Homeowners are encouraged to completely enclose runs (including tops) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain the resident's dog(s), the animals will be immediately removed from the --_ == subdivision= until- adequate= struct -ores -can be built. -- - -' - - -- :_- -. -_ -_ -- - - - -- At no time aie =dogs to be- allowed to run: freely-_ anywhere_on: -VAA_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. VAA shall be responsible for enforcing dog and pet covenants. Stray dogs may also be controlled by the Town of Avon and CDOW. Homeowners not in compliance with these dog restrictions will be responsible for any and all costs incurred by VAA, the County, and /or CDOW for enforcing these provisions. 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. - – — Contractors shall-be e ptohibited-'roft bringing dogs onto VAA property,– even-if-they- would-be kept inside vehicles. 13) FENCING Fencing on The Village (at Avon) property north of I -70 will be restricted to facilitate local and - -- migratory- wildlife movements,- optimize habitat availability, and -reduce wildlife mortality. Fencing approval will be under the purview of the Design Review Board or an Association. Homeowners will -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: Wildlife-compatible fencing is limited to a maximum of 3 strands of wire (smooth wire preferred) or 3 rails. Rails shall not be more that 4 inches tall. 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-- rai- l- ,fenee-shall- not - have -a "- top - -r- ail oriented -- horizontally mhose- .width perpendicular to the ground exceeds 1 inch. This measure is to prevent snow accumulation atop the top rail from restricting big game movements. The middle wire strand shall be no higher than 30 inches above mean ground level, providing .a 12 inch kickspace below the top strand. 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. 5 Fencing may be subject to more restrictive provisions as stated in the Protective Covenants, Design Guidelines, or other documents related to the Property. - - __14) BEARS AND MOUNTAIN LIONS / TRASH REMOVAL / NUISANCE WILDLIFE A. Bears and Related Issues The following measures will be required to reduce potential bear problems: -- -__ _ _ _ -1_.- ____ - There -shall be no = outside _stor--age of_any.Arash_"r- ar-baae,- no_.matter how - -- _any = residence or anyw ere= within -_the briefly—(e -.g._- overnight), _at -- — - -- - - - -- -- development, unless it is contained within individual bear -proof containers which meet North American Bear Society, CDOW, or U.S. National Park Service specifications. These containers presently cost - around $300.00 and can contain one 32 gallon trash can. They are nonmobile and are generally cemented on a -stand at the junction of a resident's driveway and the local road. Most homeowners need two containers: _-_-_ 2. 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. 3. There shall be no dumps or underground disposal of refuse within the ----- - - - - -- development.- Buried garbage-will attract bears. - .------------ - - - - -- -- - - - - -- -- - - -- 4. Residents should be discouraged from using, a garden compost pile, unless the compost pile is bear- proof, meeting North American Bear Society, CDOW, -or-U.S-.- National -Park Service specifications: Residents -will 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. 5. Pets shall not be fed outside. Bowls of pet food left on the back deck will at 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, if the pets aren't eaten. 6...____Wit-h- the - exception- of- b-ir-d- feeders, -the feeding, baiting,salting;_or. other means of attracting wildlife to individual yards is illegal and will be prohibited on VAA. - 7. Homeowners will-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 _L All residents and perspective residents will receive a copy of the CDOW's brochure entitled "Living With Wildlife In Mountain Lion Country ". One coPy of the brochure shall he provided to each homeowner at closing 2. With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and will be, prohibited on VAA. 15) HORSES - - -- -- - -- — - =- - - - - -- - -- -- -- - -- - - - - -- - Subject to the VAA PUD Guide and pre- existing uses, there will be no boarding of horses or other - livestock, including but -not limited to llamas, -on individual lots or community facilities on VAA. Any horses owned by residents of VAA will be boarded off -site. VAA residents will 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 property. 16) , WILDLIFE MORTALITY ON LOCAL ROADS Vehicle speeds on proposed roads within VAA north of Interstate Highway 70 will be slow enough for motorists to avoid killing most wildlife that may be, crossing roads, provided drivers are adhering to speed limits. To reduce road mortality associated with speeding, road design is, recommended (see Section 7 above) to force motorists to obey the speed limit. VAA 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 personl property and injury to motorists. VAA residents should be educated about avoiding wildlife mortality on -roads in any educational information that is developed. 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 will allow populations to grow, increasing game damage on VAA and adjacent properties., Hunting by authorized VAA residents or guided guests, could continue on the properties as long as safely allowed. However, it is required that all prospective hunters must receive permission to hunt a specified area by a single, authorized VAA staff member. Secondly, VAA will decide what type and level of hunting, if any, is compatible with their development, what areas may be safely hunted, and when all hunting on - the-Property will be terminated-as the- Property builds out.- -- - - -- - - -- -- 18) EDUCATING RESIDENTS Homeowners will be educated about wildlife issues on VAA 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. 7 EXHIBIT E Minimum Design Review Guide Provisions 3sU01 14 M"YFR E -1 EXHIBIT E THE VILLAGE (at Avon) Design Review Guide I INTRODUCTION general concept of these guidelines is to provide for certain minimum guidelines for the design of improvements within The Village (at Avon). 'The - ,Village (at -Avon) Design. - Review Board will prepare, adopt,_ and utilize_a more detailed design review, guide. This set of minimum guidelines is intended to provide certain assurances to the Town of Avon with regard to the matters covered below. A. Overall Design 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, The Village (at Avon) will be preparing ,detailed supplementary architectural site planning, landscape design "- -- -- - - - -- guidelines- for various - areas within the project, —md- adopting= Design Review Board Rules and Procedures. B. Purpose of the Guidelines The purpose of this document is to establish certain minimum design - - - = guidelines -for�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 that developers, architects, and property -- - - -- - -owners- review'these-documents prior to making any development/design decisions. These documents include The Village (at Avon) PUD Guide, covenants, and Town of Avon building codes. Contacting The Village (at Avon) Design Review Board and the Town of - Avon Department of Community- Development- -to -- review- and discuss these and other pertinent documents is a prudent first step in the design/development process. 11 DESIGN REVIEW PROCEDURE The design review requirements for The Village (at Avon) will follow timeframes and submittal requirements 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 so that sufficient time for plan modifications can be scheduled. A. Pre - Application Conference Prior 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 serve to acquaint the applicant with the Design Guidelines and to allow staff to become familiar with the applicant's development 'intent and design philosophy. A schematic site plan and building concept drawings will aid in discussion at this conference, however applicants are encouraged not to prepare detailed designs which might require extensive revision as a result of the pre - application conference. An applicant should bring the following information in a brief summary: • General project concept • Specific uses proposed, and intensity of use proposed (floor area and parking demand) • 'Proposed construction timing • General concepts concerning building size and exterior materials, and site plan concepts: - An exterior materials package including roof material and color, wall treatment, glass and glazing. - Site plan concepts including site organization, landscaping, irrigation, grading, lighting, 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, paving, grading or landscaping proposed on any lot or parcel of land within 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 2 established in this document as wcll as additional guidelines created by The Village (at Avon) Design Review Board. 111 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 access, pedestrianways and sidewalks, - - - --- landscaping,-- streetscapes -and- street - furniture; sculpture, = signs; - fencing; = =and - - -- lighting. - Generally all-those 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, site furnishings, and signage should - create a year - round, coherent and festive atmosphere. It, is the combination of the architectural and landscape styles that will - create The Village (at Avon). Landscaping should be considered an integral part of the'design of all -- — projects.- Ii�lVldual properties - should- be-designed- to- respect-and- enhance the design of streetscapes. The most, appropriate shrubs and trees are _ - - those that are known -to be-- Hardy, and-wMr"ave-a- rya- appearance- within Avon's mountain- valley location. • B. Area Wide Guidelines Siting Conditions Buildings and other 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 climatic 'orientation should be the dominant factors in the design and siting of buildings. Pedestrian accessways should be incorporated into the site designs., - - - desian- conform to _- _-- Buildin g s—and --im rovements- should- be _ the terrain and to take advantage of views: Terraced buildings and parking will minimize 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. 3 The use of sun exposure- reducing elements such as overhangs, pergola's; canopies, eaves and awnings can be designed as- integral components of the architectural design. Outdoor spaces such as courtvards and plazas can have southern exposure to extend the periods of seasonal 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 summer months 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 must be provided. Permanent parking areas must be concrete, asphalt, or other hard surface with spaces clearly marked. Two handicapped stalls per each 100 stalls is recommended. Snow storage areas equaling 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 reasonable maneuverability of vehicles. Striping: All parking spaces within permanent paved parking areas must be striped ----in--a- mariner clearly showing the layout-of tai -e-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 - parking areas. Parking Area Landscape: Parking area interior landscape can be confined to islands. Trees, flowers, grasses and shrubs are recommended for these islands. Drainage: The builder is responsible for preventing erosion of the site both during construction and after the project is complete. Runoff of silt, debris or - - - sedimentation onto adjacent streets, gutters, sidewalks, rights -of -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. 4 Drainage swales should not surface drain across major walkways or trail systems. Drainage can be piped or rock lined if flows are significant and/or if it flows into natural channels. Parkins bays and walkways should not slope toward the building without adequate provisions for draining storm water away from the structure. All paved areas must be sloped to properly drain. - v =- Paved = -areas = = must =,be- designed --to=- carry -- surface .water, =to- -the nearest _ - _ - -- practical- street;- storm - drain- or-natural --- water- course -approved -by -the Design- Review Board. -- Concentrated flows-of water from-parking areas should be- collected in an appropriate manner.. A detailed drainage study, if deemed appropriate, must be prepared by a Civil Engineer and submitted to the Design Review Board for approval. Planting: All landscape development, including specific landscape elements such as planters, retaining walls, and berms must be approved by the Design Review Board. - - Plant- inateria-1 selection and placement -must - ensure - safe - sight -lines to traffic and signs. Care should be taken that no hazards are created 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 Board. Shrub planting beds can be mulched to prevent erosion and help retain moisture.- All planting beds can be contained on all sides by a hard edge (i.e. sidewalk, wood, or steel edging, building, or curb). Snow loading should be 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: - - - -- - -- Trees must be- planted - -to provide- for -tree growth without- disruption of adjacent areas. Each tree or tree "clump" must be no smaller than two inches in caliper. Replacement, if necessary, and maintenance of each tree is the responsibility of the builder., Dead trees must be replaced promptly with a tree of the same type, quality and size. 5 Trees should be chosen and located to' provide a; function such as screening. shade. view enframement or accent.. Accent plantings 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 -- tr -ees- _don't s}gni- ficantl- y_shade- sets -in_ winter creating hazardous 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 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, mintenance requirements, potential fire hazard of dry grass, and visual effect desired. In these areas, rough grass mixes could 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, bluegrass mixes can be utilized to provide a lush, green appearance. Bluegrass mixes require more water and mowing than rough or dryland grasses and should be used judiciously. Irrigation is required in all formal landscaped areas. 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 determined by the intensity of landscape development -and the associated water requirements 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. 0 Suggested irrigation techniques depending on the intensity of landscape development include the following: • Automatic spray irrigation system • Manual spray irrigation system • Automatic trickle irrigation system := = Quick couplersysterr - -- - - =- - _ - - -= - -_ -- - - - -_- - Exterior Furnishings: Within the landscape, three- dimensional objects are the, most readily perceived. Careful design and use of these elements in the public and semi- public-areas is critical in order to convey permanence and identity, as well as -theme. Furnishings should . be provided, as appropriate and establish character through a unified design vocabulary, and provide strong visual continuity while fulfilling functional requirements. Mechanical Screening: 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 must be approved by the Design Review Board 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 pedestals, meters and transformers will, whenever possible, occur to the side and rear of - buildings. Vacuum breakers (irrigation equipment) will be located below grade in inspection pit housings or adequately screened by`landscaping. _ Trash D_umpsters: 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 screened from adjacent land uses. 6 Lighting: The lighting systems will serve functional and aesthetic roles. These include: • To provide security and visual safety. • To-serve as directional indicators for both vehicular and pedestrian traffic. • To provide extended outdoor use time, particularly in pedestrian gathering areas. To- reiriforce -the ideniityand characferthrough- form, color and_ - materials of fixtures, visuanighf quality and placement. -- In all commercial /retail and office parcels, lighting plans must be approved by the Design Review Board. Pedestrian Scale Lighting: The use of -low level light sources at the 'pedestrian scale to. accent or illuminate the ground plane provides a special opportunity to reinforce the unique identity and "sense of place" found in the area. This is achieved by a variety of lighting fixture types and lower mounting heights. At night; these design elements provide light for safety and aesthetic effect. By day, the physical, shapes and sizes lend animation and scale to pedestrian spaces. Fixtures at a height of 16" can be utilized to illuminate pedestrian--'- -- - traffic areas. Additional pedestrian scale lights may be utilized, including smaller bollard light (42" height) and canister type lights on overhead structures. Handicapped considerations: Consideration for the handicapped should be a part of the design process -,for-any project in accordance with appropriate ADA standards. IV TECHNICAL DESIGN RECOMMENDATIONS Grading and Drainage The, following grades should be observed: • Ground shall slope away from all buildings at -a minimum of'six inches (6 ") in ten feet (101). • All planted areas should drain at a minimum of two percent (2 %). Maximum — slopes -on planted areas should be 2:1 (grass 4:1). • All paved streets and driveways with curb and gutter should drain at a minimum of one -half percent (1/2 %). 1 1 8 • All walkways and other paving should drain at a minimum of one percent (1%). 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 one -half percent (1/2 %). Maxinwin grade should be five percent (5 %). to ensure pedestrian safety on ice and snow. Landscaping .(recommended_plant:materials Deciduous Trees: • Ash • Aspen • Cottonwood Evergreen Trees: • Blue Spruce • Douglas Fir • Ponderosa Pine, Limber pine -- Deciduous - Shrubs: • Buffalobenry - -- - - -- -- • - Common - Lilac— - • Mountain Mahogany • Potentilla Evergreen Shrubs: • Juniper • Yucca Ground covers/Flowers: • _Artemesia • Daylily • Mahonia Grasses: • Blue Stem, • Blue Grama • Buffalo Grass • Fescue • Hackberry' • Willow • Snowbenry • Sumac • Willow • Perennials • Wildflowers 9 Recommended Mulches: Signs : - • Cobble: Four to, six inch (4 "- 6 ") average diameter; tan or gray in color. Cobble should be infilled with one- quarter inch (l /4 ") pea gravel to inhibit weak growth. • Washed River Rock: One -half to three - quarter inch (1/2" -'/4 ") average diameter, smooth and tan or gray in color. Gravel should be installed a minimum of three inches (3") deep. • Wood chips, Pole Peelings or Equal: Free of sticks or litter and should be installed -a= minimum -of -three inches (3 ") -deep: The purpose of these criteria is to establish design standards that insure the owner and tenants 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 criteria 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, I and any other pertinent information. Material and color samples should also, be submitted. General Sign Recommendations: • No animated, flashing, time/temperature or audible signs will be permitted. • All signs and their installation must comply with all local building and - electrical codes and bear the UL label. • There must be no exposed raceways, cross - overs, conduits, conductors, transformers, or junction 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 ornate type faces will not be allowed, unless it is an established trademark. • 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. 10 • No sign manufacturer's labels or other identification will be permitted on the exposed surface of signs, except those required by local ordinance which must be in an inconspicuous location. - • -No sign, advertisement, billboard or advertising structure of any kind may be displayed for public view on any portion of the properties or on any lot except in accordance with the standards set by, and with the prior written approval of the Design Review Board. • A11 Signs must conform to prescribed setback and sight lines unless otherwise authorized. Commercial/Retail Signs: The length of total sign must not exceed 1/3 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 four feet (4'). The "copy" 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.). _- Reiii1h mmercial shops at corner locations will be allowed no more than three signs (two fascias and one arcade). Shops in all other locations will be permitted only two signs (one fascia and one arcade). Free - standing buildings having four (4) exposed elevations will be allowed to have signs only on two primary, exposed elevations, unless otherwise' approved by the Design Review Board. Office Signs: Signs for office structures are to be monument type. Maximum height allowance will be six feet (6) with twelve feet (12') as a maximum horizontal dimension. General Lighting Recommendations: • Illuminating Engineering Society Criteria and Standards will prevail. • Average foot candle levels will apply: Arterial —1.0 Collector — 0.6 Local Road — 0.4 Commercial/Business Parking Lots — 0:6 it • Minimum foot candle levels must be approximately 1/3 -'/4 of the average foot candle level. • A minimum uniformity ratio of 3:1 must be maintained. - • - Light poles -will be-a- maximum of 351, steel, - aluminum or fiberglass poles. • High pressure sodium (lips) lamps will be used • Controls should be light sensing types and integral to,the fixture. 12 H P� x W STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 13th DAY OF OCTOBER 1998, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 98 -16 SERIES OF 1998: AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE VILLAGE (AT AVON) (THE "PUD PLAN "), WHICH ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED TO THE TOWN OF AVON, EAGLE COUNTY, COLORADO (THE "TOWN ") THROUGH TOWN OF AVON ORDINANCES NUMBERS 98 -14 AND 98 -15 (COLLECTIVELY, THE "PROPERTY"), AND APPROVING A SITE SPECIFIC DEBELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., TOWN OF AVON, EAGLE COUNTY, COLORADO A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. ,. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 23rd day of September, 1998. TOWN OF AVON, COLORADO BY: c Mays Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON September 2 ;� A 998: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY