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TC Ord. No. 2003-10 Approving formal PUD amendment No1 to the village at avon PUD development plan and PPUD guide town of avon eagle county coloradoC Its, TOWN OF AVON ORDINANCE NO. 03-10 SERIES OF 2003 AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO. '1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, -EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PLTD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revisions; 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 on'June 17, 2003, 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 Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its -recommendations on the proposed Formal PUD Amendment No. I to the Town Council of the Town of Avon; and WHEREAS, after'notices provided by law, this Council held a public hearing on the 26th day of August, 2003 and September 23, 2003, at which time the public was given an opportunity to express their opinions regarding the proposed Formal PLTD Amendment No. 1; 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: F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc 1. 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. That the amendment is compatible with the Village (at Avon) PUD Guide and original application premise and the policies as specified by the Town of Avon Comprehensive Plan. 3. That the development standards for The Village (at Avon) PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. 4. That adequate facilities will be available to serve development for the type and scope proposed for each respective planning area upon completion of the subdivision process for the area encompassing Formal PUD Amendment No. 1. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Formal, PUD Amendment No. 1 for The Village (at Avon) PUD is approved for Planning Areas RMF-1, RMF4, N (Community Park), Q(Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on RMF-4 formerly known as a part of Planning Area M consists of a maximum of 310 dwelling units limited to RMF-4 only and is in addition to.the 2,400 dwelling units currently approved in The Village (at Avon) PUD Guide, Section D and the Annexation and Development Agreement recorded November 25, 1998. 2. As part of the final subdivision process, an approved subdivision improvements agreement and provisions for adequate collateral for public improvements consisting of, but not limited to roads, bike paths, sidewalks, and utilities shall be completed prior to any development for each respective planning area: Planning Area Q, RMF-1 and/or RMF-4. 3. A final court decree. of adjudicated water rights for the adequate quantity and use along with all related agreements, leases and contracts shall be approved and fully executed for the provision of water to RMF-4 as a prerequisite of final plat approval. F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc 4. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate=70 Improvements. The Swift Gulch Road extension shall be collateralized as part of a .final. subdivision plat prior to commencement of any development or grading north of I-70. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RMF-1. Submit a detailed Park . Plan for RMF-1 and RMF-4 in conjunction with a'final subdivision plat that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate'the potential for a continuous connection between RMF-1 and RMF-4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1. In the event approval for the proposed alignment is obtained from the Forest Service, then a, public road as depicted on The Village (at Avon) PUD Development Plan Formal Amendment No.l' will be required to be collateralized and constructed in accordance with a Subdivision Improvements Agreement prior to the construction of any development on RMF-4. 7. A continuous ECO trails bike path connection from Swift Gulch Road through RMF-1, RMF-4, Q; and N must be provided. This path will be secured through the, Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town of Avon. Additionally, the trail must be indicated on the Preliminary Subdivision Plan submittal. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and potential relocation of the school site to a more remote location. Prior to issuance of any building permit for either RMF-4, an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. 9. The School Site must be dedicated by Traer Creek LLC to the Town in accordance with the Annexation and Development Agreement, Section 4.3(f) and all terms and conditions as provided by the Memorandum of Understanding ("MOU") dated , 2003 by F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc and between.the Town of Avon, Traer Creek LLC, and Eagle County School District RE- 50J. A copy of the fully executed MOA is attached and incorporated herein. 10. The designated School Site in RMF-1 shall be dedicated by Traer Creek LLC to the Town at the time of recording of Final Subdivision Plat for the area including RMF-1. In the event the Forest Services access is obtained and other terms and conditions as provided by the MOU are complied with, the Town will release its claims to the School Site in RMF-1 upon recordation of Final Subdivision Plat for the area including RMF-4 and corresponding dedication for the Alternate School Site by Traer Creek LLC to the Town. 11. The final design site plan, for Planning Area Q shall require review and approval by the Planning & Zoning Commission for any automobile stations and/or carwashes. 12. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 13. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-l, RMF-4, Q, and N). 14. The 1.0-acre fire site will be provided on the Community Park (Planning Area N). 15. Accessory units on RMF-1 will be a permitted use in the PUD Guide and counted as a residential dwelling unit. 16. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon,, Colorado, on the day of, , 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc 8 HIE JAR .~•,•d7 'L- NI t` ~p . J U 5L ~_I~Y ~ 3~B g~e _ °a~ sit t Y. PS ~ = B R 9 y i "L. a °r i$~~ i g ~ i 8p ;rJ 8 r 3~'. r•j .i ° F°I Q t ` LL 6 E. G e ~ a !r OQ Ji ~i © - a 64 a r f- i s s ~ ~ 8 ~ 9 r ~c~da ~6 A rip, o Vy$ 13 d. O a s all, O ' R i BRIE! a s ~ 8 8 ~ ~ ~e 8 < ~8 g ~ Ilk 0 0 o° R o c o ~ o ~zZ zx x soma w Q (ID 00 0 pa ° ~ ca F z - ® o w N A r Q w ° / C 2 Z Z Z ~ 6 I ig 00 - d o d o d d~ d rz H y o a y n n n ~ a a o .m a a~ ~ w~' aJ ~ n ma wi vi m ~ d n a A✓ 0 co ~a 9 u m o V < A~~ ~ a> 3> z z a a a a TIM a d r .D s1 F H O N fmp~ V V ~ s • • z° B g ~ ~ ~ 611 n li ` rl O il- N aw i .ri 0 0 0 ®00 0 TOWN OF AVON ORDINANCE NO. 03-10 SERIES OF 2003 AN ORDINANCE APPROVING FORMAT. PUD AMENDMENT r NO. -1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF , AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revision dated September 15, 2003; 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 on June 17, 2003, 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 Formal PUD Amendment No. 1; and WHEREAS; following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.l to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law,, this Council held a public hearing on the 26th day of August, 2003 and September 23, 2003, at which time the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. 1; 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: C:\Documents and Settings\pmckenny\L.ocal Settingffemporary Internet Files\OLKB\Ord 03-10 VAA PUD Amend -Sept.23.doc 4. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. The Swift Gulch Road extension shall be collateralized as part of a final subdivision plat prior to commencement of -any development or grading north of I-70. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RMF-l. Submit a detailed'Park Plan for RMF-1 and RMF-4 in conjunction with a final subdivision plat that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF-4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1. In the event approval for the proposed alignment is obtained from the Forest Service, then a public road as depicted on The Village (at Avon) PUD Development Plan Formal Amendment No. I will be required to be collateralized and constructed in accordance with a Subdivision Improvements Agreement prior to the construction of any development on Planning Area G (school site) and/or RMF-4. 7. A continuous ECO trails bike path connection from Swift Gulch Road through RMF-1, RMF-4, Q, N and G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town of Avon. Additionally, the trail must be indicated on the Preliminary Subdivision Plan submittal. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and relocation of the school site to a more remote location. Prior to issuance of any building permit for either RMF-4 or Planning Area G (school site), an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. 9. In the interest of preserving development opportunities and ensuring the location of the school site, Planning Area G (school site) shall not again be relocated without compliance C Documents and Settings\pmckenny\ ocal SettingsUemporary Internet Files\OLKB\Ord 03-10 VAA PUD Amend--Sept.23.doc with the procedures for a formal amendment as set forth in the Village (at Avon) PUD Guide, Section H.2 and the Avon Municipal Code, Section 17.20.110K. 10. The School Site (Planning Area G) must be dedicated by Traer Creek LLC in accordance with the terms and conditions as provided by the Memorandum of Understanding ("MOU") dated 12003 by and between the Town of Avon, Traer Creek LLC, and Eagle County School District RE-50J. A copy of the fully executed MOA is attached and incorporated herein. 11. The final design site plan for Planning Area Q shall require review and approval by the Planning & Zoning Commission for any automobile stations and/or carwashes. 12. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 13. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-1, RMF4, Q, N, and G). 14. Designate the 1.0-acre fire site dedication on the Community Park (Planning Area N) or Planning Area Q. 15. Accessory units on RMF-1 will be a permitted use in the PUD Guide but shall be counted as a residential dwelling unit. 16. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. C:\Documents and Settings\pmckenny\iocal SettingsUemporary Internet Files\OLKB\Ord 03-10 VAA PUD Amend -Sept23.doc Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of .2003. Town of Avon, Colorado Town Council ; Mayor ATTEST: Town Clerk C:\Documents and Settings\pmckenny\Local SettingsUemporary Internet Files\OLKB\Ofd 03-10 VAA PUD Amend -Sept.23.doc TOWN OF AVON ORDINANCE NO. 03-10 SERIES OF 2003 AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO. 1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M , N, Q , RMF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revision dated July 24, 2003; 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 on June 17, 2003, 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 Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.l to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 26th day of August, 2003, at which time the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. l ; 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:\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-10 VAA PUD Amend -Sept.9.doc 1. 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. That the amendment is compatible with the Village (at Avon) PUD Guide and original application premise and the policies as specified by the Town of Avon Comprehensive Plan. 3. That the development standards for The Village (at Avon) PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. 4. That adequate facilities will be available to serve development for the type and scope proposed for each respective planning area upon completion of the subdivision process for the area encompassing Formal PUD Amendment No. 1. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Formal PUD Amendment No. 1 for The Village (at Avon) PUD is approved for Planning Areas RMF-1, RMF4, G (school site), N (Community Park), M (Regional/Commercial), Q (Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on RMF-4 formerly known as a part of Planning Area M consists of a maximum of 310 dwelling units limited to RMF-4 only and is in addition to the 2,400 dwelling units currently approved in The Village (at Avon) PUD Guide, Section D and the Annexation and Development Agreement recorded November 25, 1998. 2. As part of the final subdivision process, an approved subdivision improvements agreement and provisions for adequate collateral for public improvements consisting of, but not limited to roads, bike paths, sidewalks, and utilities shall be completed prior to any development for each respective planning area: Planning Area Q, Planning Area G (school site), RMF-1 and/or RMF-4. 3. A final court decree of adjudicated water rights for the adequate quantity and use along with all related agreements, leases and contracts shall be approved and fully executed for the provision of water to RMF-4 as a prerequisite of final plat approval. I:\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-10 VAA PUD Amend -SeptMoc 4. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. The Swift Gulch Road extension shall be collateralized as part of a final subdivision plat prior to commencment of any development or grading north of I-70. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RMF-1. Submit a detailed Park Plan for RMF-1 and RMF-4 in conjunction with a final subdivision plat that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF-4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1. In the event approval for the proposed alignment is obtained from the Forest Service, then a public road as depicted on The Village (at Avon) PUD Development Plan Formal Amendment No.1 will be required to be collateralized and constructed in accordance with a Subdivision Improvements Agreement prior to the construction of any development on Planning Area G (school site) and/or RMF4. 7. A continuous ECO trails bike path connection from Swift Gulch Road to RMF-1, RMF- 4, Q, N and G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town of Avon. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and relocation of the school site to a more remote location. Prior to issuance of any building permit for either RMF-4 or Planning Area G (school site), an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. 9. In the interest of preserving development opportunities and ensuring the location of the school site, Planning Area G (school site) shall not again be relocated without compliance with the procedures for a formal amendment as set forth in the Village (at Avon) PUD Guide, Section H.2 and the Avon Municipal Code, Section 17.20.11 OK. I:\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-10 VAA PUD Amend -Sept9.doc 10. The School Site (Planning Area G) must be dedicated by Traer Creek LLC in accordance with the terms and conditions as provided by the Memorandum of Understanding ("MOU") dated , 2003 by and between the Town of Avon, Traer Creek LLC, and Eagle County School District RE-50J. A copy of the fully executed MOA is attached and incorporated herein. 11. The development standards for Planning Area Q shall require a Special Review Use for the the inclusion of autmobile fueling stations and carwashes. 12. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 13. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-1, RMF-4, Q, N, and G). 14. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 'r -day of 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the a3d day of, , 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council ct&~\t' ~ Mayor % ATTEST: I:\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-10 VAA PUD Amend -Sept9.doc 2A, Town , _ •~"'~~n ©F A SFAI., LOB INTRODUCED, PASSED ON SECOND READING, APPROVED.AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk I:\Town Clerk\Council\Ordinances\2003\Ordinancc No. 03-10 VAA PUD Amend -Sept.9.doc 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 23RD DAY OF SEPTEMBER 2003, AT THE TOWN OF "ON 'MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCE: ORDINANCE No. 03-10, SERIES OF 2003, AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO.1' TO THE VILLAGE (AT AVON) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO A copy of said Ordinances are attached hereto, and are 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 TOWN OF AVON, COLORADO BY: P -zFAk _ Patty McKenr(6 Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 10, 2003 AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 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 14TH DAY OF OCTOBER 2003, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCE: ORDINANCE No. 03-10, SERIES OF 2003, AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO. 1 TO THE VILLAGE (AT AVON) PUD DEVELOPMENT PLAN AND PUD GUIDE, 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 TOWN OF AVON, COLORADO BY: _Rjocl Nk,I Pa cKe y Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 26, 2003 AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY .y M'e'mo TO. I Honorable Mayor and Town Council Thnr. .Larry. Brooks, Town Manager From: Ruth Borne, Director of Community Development date October 10, 2003 Re: Second Reading of Ordinance 03-10, An Ordinance Approving"Formal PUD Amendment No. 1 for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado Summary Based upon the,lengthy and complicated process of the Formal Amendment. for the Village at Avon PUD, we have prepared a spreadsheet that is attached hereto and outlines the evolution of. the planning areas (zoning) and related densities on the PUD Development Plan since it's original approval in 1998. The chronology of the, approvals for the zoning annexations, zoning and su_ bdivisions for the Village at Avon areas follows: 1998, .Town approves the Village at Avon Annexation in two separate petitions (Ordinance 98-14 & Ordinance 98-15 / September 23, 1998) .Town approves the Planned Unit Development and,Development Standards (Ordinance 98-16 / PUD guide dated October '13, 1998) eTown approves the Annexation and Development Agreement (Ordinance 98-17 / Agreement dated October 13, 1998) 2001 oTown approves PUD. Administrative Amendment #1 (Realign Planning Areas K & L, move Planning Area G-/ Date May 21, 2001) .Town approvesPrelimihary Subdivision Plan for Filing 1' (Resolution 01-09 / Dated June 12, 2001) .Town Annexes McCrady Acres Subdivision Lots 1, 2, and 3 (Ordinance 01-14 / Dated October 23, 2001). .Town approves Annexation, Development & Subdivision, Agreement for McGrady Acres (Ordinance 01-15 / Dated October 23, 2001) .Town approves First Amendment to Annexation an_ d Development Agreement (Ordinance 01-16 / Dated November 1,3, 2001) .Town approves. Final Plat and Subdivision Improvements Agreement for Filing 1 (Resolution 01-33 / Dated November 13, 2001) .Town approves Preliminary Plat for Filing 2 (Resolution 01-34 / Dated November 13, 2001) Memo to Town Council, October 14, 2003 Page 1 of 6 Ordinance 03-10, VAA Formal PUD Amendment No. 1 2002 .Town approves PUD Administrative Amendment #2 (Adjust building setback for Planning Area K, Wal-Mart / Dated February 13, 2002) .Town approves Final Plat and Subdivision Improvements Agreement, Filing 2 (Resolution 02-20 / Dated April 23, 2002) .Town approves PUD Administrative Amendment#3 (Specify deed restriction priority for Filing 2- Buffalo Ridge / Dated May 15, 2002) .Town approves PUD Administrative Amendment #4 (Revise Design Standards for Swift Gulch Road and Trail / Dated May 15, 2002) .Town annexes Post Boulevard (Ordinance 02-09 / Dated July 9, 2002) 2003 .Town receives and reviews Formal PUD Amendment #1 (Revise Planning Areas N, RMF-1, M, and G, add Area Q / Dated April 3, 2003) The formal amendment process began on April 3, 2003 when the original application was submitted, which consisted of the following proposed modifications to the PUD Development Plan: • Creating an additional 5.0 acres of Regional Commercial immediately adjacent to the new interstate exchange. • Relocating the school site to Tract M and increasing the planning area for the school site by almost 2.0 acres. • Reducing the Community Park from 29.0 acres to 25.0 acres. • Designating a Fire District Regional Facility as required by the Annexation and Development Agreement. • Increasing Planning Area RMF-1 from 146 residential dwelling units to 240 residential dwelling units. The size of this parcel was proposed as increasing from 24.2 acres to 33.1 acres. • Providing a mix of 289 dwelling units on Tract M of which 163 affordable housing units are proposed. Agency Referrals were sent out on May 30, 2003 with a June 20, 2003 response deadline. A work-session with Planning & Zoning Commission was held on May 20, 2003 to review the application as submitted. Staff requested more time to review the application as well as allowing the referral agents sufficient time to comment; however, preliminary staff recommendations were: To increase the Regional Commercial acreage of Planning Area Q, to create a more efficient commercial development area. To delete the potential for residential development on Planning Area Q, as it is not an appropriate use immediately adjacent to the new 1-70 Interchange. To require a m inimum d edicated a creage o n P lanning A rea M o f 10 a cres f or a school site, and require a minimum of two access points to Planning Area M to accommodate a reasonable means of egress for both vehicular and pedestrian access to the school site. Memo to Town Council, October 14, 2003 Page 2 of 6 Ordinance 03-10, VAA Formal PUD Amendment No. 1 ■ To consider moving the school site to the southeast comer of RMF-1 to minimize the costs of providing access to such remote site (Planning Area M/RMF-4) and effectuate a more appropriate location for an elementary school based upon current growth. The Amendment was tabled to June 3, 2003. Community Development and Engineering staff met with Karen Strakbein, Assistant Superintendent for Eagle County School District on June.12, 2003 to review the alternative school sites. In response, the letter dated June 16, 2003 was generated which supports the location of the school site on RMF-4 (Tract M) in the event the United States Forest Service access is obtained. After two additional hearings with Planning and Zoning Commission on June 3"d and June 17ti', a final public hearing was held on August 5, 2003 wherein Planning & Zoning commission unanimously recommended approval of the Formal PUD Amendment that consisted of: • Creating an additional 19.1 acres of Regional Commercial immediately adjacent to the new interstate exchange, increase allowable building height to 45 feet, and allow residential uses associated with community service facilities (i.e. Fire District site) as a use by right. • Relocating the school site to Tract M (RMF-4) and increasing the planning area for the school site by almost 2.0 acres. Reducing the Community Park 17.4 acres in size.'' The original application proposed 25 acres, and the proposed `useable' park space-was reduced froth an existing 19.1 acres to 11.8 acres. • Designating a Fire District Regional Facility as required by the Annexation and Development Agreement at 1.0 acre in size on Planning Area Q. • Increasing Planning Area RMF-1 from 146'residential dwelling units to a proposed density of 307 residential dwelling units. The size of the site was also reduced from the-original application to 30.7 acres. • Providing a mix of 310 dwelling units on Tract' M (RMF-4). The types of units were not specified. The eleven (11) speck conditions of the Planning & Zoning Resolution 03-14 recommending approval of the Village (at Avon) PUD Amendment were as follows: 1. Submit a revised Village at Avon PUD Guide, which addresses the development standards for Planning Area Q, and RMF-4 prior to the approval of PUD Ordinance. 2. At such time as development is proposed for Planning Area Q, RMF-1 and/or RMF- 4,, the subdivision process, will require adequate funds with the Town to secure public improvements, including but not-limited to roads, bike paths, 'sidewalks, and utilities. Memo to Town Council, October 14, 2003 Ordinance 03-10, VAA Formal PUD Amendment No. 1 Page 3 of 6 3. Prior to the issuance of any more development approvals north of 1-70, the Swift Gulch Road extension as set forth in the First Amendment to the Annexation and Development Agreement,- Section 2(o), which requires -the Swift' Gulch Road improvements be completed at the time of the Iriterstate-70 Improvements. This includes the extension of Swift Gulch Road from Buffalo Ridge (Filing 2) to pass through Post Boulevard, terminating at -Planning Area RMF-1 prior to any development set forth in this PUD. 4. Submit a revised -Planned Unit Development Plan 'prior to the approval of the PUD Ordinance that revises the proposed Planning Areas as follows: • Clarify development standards for RMF=4, which- limits the amount of deed- restricted for-rent employee housing provided on this site. • Revise development standards. for Planning Area Q to require a Special Review use for the inclusion of automobile fueling stations and carwashes. 5. Submit a detailed plan for the Community` Park (Planning Area N) for review in conjunction with subdivision plans for Area RMF-1. Submit a detailed Park Plan for RMF-1 and RMF-4, in conjunction with subdivision plan submittal that accounts for the useable park space removed by this amendment. The park improvements will be a part of the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF-4 though the United States Forest Service parcel at such time a s s ubdivision p lans a re s ubmitted f or RMF-1. The proposed alignment will, provide sufficient detail for review to meet public road standards as required by the Town, be secured by the Town through the Subdivision Improvements agreement for RMF-1, and be in place prior to the construction of Planning Area G (school site dedication). 7. A continuous ECO trails bike path connection from Swift, Gulch Road to RMF-1, RMF-4, Q, N and. G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum, trail standards as specified by-the Town of Avon.- 8. Public Transit services will be required to serve RMF-4 as a result of the density and school site proposed and determined by the Town during the subdivision process. 9.. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of 1-70 as'required in the Wildlife Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 10. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (RMF-1', RMF4, Q, N, G). 11. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Memo to Town Council, October 14, 2003 Page 4 of 6 Ordinance 03-10, VAA Formal PUD Amendment No. 1 - D r ' s On August 12, 2003 the first reading of Ordinance 03-10 was held at the Avon Elementary School. The application was tabled because of the following reasons: Resolution by the Town Attorney of the whether the additional density on Planning Area M (RMF-4) was originally vested in 1998. Confirmation of available water rights for the uses proposed on RMF-4. The lack of planning for the Village core commercial area, and the proposed increased densities on RMF-1 and Planning Area Q. Clarification of detail and support from the existing Town Comprehensive Plan. The First Reading was heard again on August 26 and September 9, 2003. Council approved the First Reading on September 9, 2003. In response to the tabling of First Reading, Traer Creek modified the PUD Development Plan again to address concerns discussed at the hearings, which included the following: Reduce the number of accessory units on RMF-1 from 70 to 25 maximum. Converted 3.6 acres of Planning Area Q back to Community Park designation. Continue working with the Eagle County School District to confirm that RMF-4 was a suitable location for the school site. Today, the application includes the following proposals: Relocating the school back to RMF-1, and requiring a formal amendment to move this school site to RMF-4 as originally proposed. Planning Area N - Community Park of 19.5 acres. ® Planning Area Q proposed as Regional Commercial zoning for a total of 15.6 acres. RMF-4 being proposed as additional density not to exceed a total of 310 dwelling units. The following diagram clarifies the process required of Traer Creek should they choose to propose moving the school dedication site in the future: School Site - 7.3 Acres Required Dedication (formerly known as Planning Area G) 4fild ~'~d,r`°,~~.~.t'~i^~'~~im"?~~n¢ Kt.~~.,'~p ~a~;'r:a&m.•.rw~i'.'','.j~'w~~s3.~n, ' a ~ _ e ~ - 'Rt Memo to Town Council, October 14, 2003 Ordinance 03-10, VAA Formal PUD Amendment No. 1 Page 5 of 6 Recommendation: Based upon the input received at the Eagle County School District meeting held on October 8, 2003 and the inability to complete the Memorandum of Understanding with Traer Creek LLC, staff is recommending tabling of the application. Proposed Motion: This is a motion to table the application for the Village (at Avon) Formal Amendment No. 1, Ordinance 03-10. Town Manager Comm nts Attac ments: • Village at Avon Planning Area Chronology Letter dated June 16, 2003 from K. 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COLORADO 81631 -070) 328-6321 EXT. 23 - FAX (970) 928-1024 June 16, 2003 Town of Avon Community Development Department PO Box 975 Avon, CO 81620 RE: The Village at Avon PUD Amendment Z-PU2003-2 Ladies and Gentlemen, The Town of Avon Planning & Zoning Commission is hearing the PUD ameridlment for The Village at Avon. The PUD amendment does not change the school land dedication requirement and the developer-identified 9-acre parcel in Tract M meets the dedication requirements. The site will most likely be developed as an elementary school and the developer has insured that our current elementary footprint will fit on the site. Additionally, with the identification of all school sites, the school district requests that utilities be delivered to the school site property line and that the property have both a primary_and secondary access for emergencies. Utilities include water, sewer, natural gas, telephone/data, cable and non-potable water if being used in the immediate development. The school district supports the primary access that is directly north of the interstate/river as this is the most direct route to the 'site. The proposed roadway that winds down the mountain from the north would be seen as the secondary access. Thank you for contacting the school district regarding this PUD amendment. 1 can be reached at 328-•2747 if you have any questions. Sincerely, Karen Strakbeln Director of Finance 5 r .L TOWN OF AVON ORDINANCE NO. 03-10. SERIES 'OF 2003 AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO.1 TO. THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M , N, Q , RMF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal, PUD Amendment No. 1) as more specifically described in the application dated May30, 2003 and subsequent revisions; 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 on June 17, 2003, 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 Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.1 to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 20h day of August, 2003 and September 23, 2003, at which time the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. 1; 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: F:\Counci1\Ordmances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc r 1. The hearings before the Planning & Zoning Commission and the Town Council d were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment is compatible with the Village (at Avon) PUD Guide and original application premise and the policies as specified by the Town of-Avon Comprehensive Plan. 3. That the development standards for The Village (at Avon) PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. 4. That adequate facilities will be available to serve. development for the type and scope proposed for each respective planning area upon completion of the subdivision process for the area encompassing Formal PUD Amendment No. 1. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL. OF THE TOWN OF AVON, COLORADO, THAT: The Formal PUD Amendment No. 1 for The Village (at Avon) PLD is approved for Planning Areas. RMF-1, RMF-4, N (Community Park), Q(Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on RMF-4 formerly known as a part of Planning Area M consists of a maximum of 310 dwelling units limited to RMF-4 only and, is in addition to the 2,400 dwelling units currently approved in-The Village (at Avon) PUD Guide, Section D and the Annexation and Development Agreement recorded November 25, 1998. 2. As part of the final subdivision process, an approved subdivision improvements agreement and provisions for adequate collateral for public improvements consisting of, but not limited to roads, bike paths, sidewalks, and utilities shall be completed prior to any development for each respective planning area: Planning Area Q, RMFA and/or RMF-4. 3.. A final court decree of-adjudicated water rights for the adequate quantity and use along with all related agreements, leases and contracts shall be approved and fully executed for the provision of water to RMF-4 as a prerequisite of final plat approval. F:\Counci1\Ordmances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc 9 1 4. The Annexation and Development Agreement, Section 2(o), requires the•Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. The Swift Gulch Road extension shall be collateralized as part of a final subdivision plat prior to commencement of any development or grading north of I-70. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RMF71. Submit a'defi ded Park Plan for R.NIF'-I and RMF-4 in conjunction with a final subdivision plat that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6.. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1. In the event approval for the proposed alignment is obtained from the Forest Service, then a public road as depicted on The Village (at Avon) PUD Developmenf Plan Formal Amendment No.1 will be required to be collateralized and constructed in accordance with a Subdivision Improvements Agreement prior to the construction of any development on RMF-4. 7. A continuous ECO trails bike path connection from Swift Gulch Road through RMF-1, RMF-4, Q, and N must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town ofAvon. Additionally, the trail must be indicated'on the Preliminary Subdivision Plan submittal. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and potential relocation of the school site to a m'ore.remote location. Prior to issuance of any building permit for either RMF-4, an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. 9. The School Site must be dedicated by Traer Creek LLC to the Town in accordance with the Annexation and Development Agreement, Section 4.3(f) and all terms and conditions as provided by the Memorandum of Understanding ("MOU") dated , 2003 by F:\Council\Ordmances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc and between the Town of Avon, Traer Creek LLC, and Eagle County School District RE- 50J. A copy of the fully executed MOA is attached and incorporated herein. 10. The designated School Site in RMF-1 shall be dedicated by Traer Creek LLC to the Town at the time of recording of Final Subdivision Plat for the area including RMF-1. In the event the Forest Services access is obtained and other terms and conditions as provided by the MOU are complied with, the Town will release its claims to the School Site in RV1F-1 upon recordation of Final Subdivision Plat for the area including RMF-4 and corresponding dedication for the Alternate School Site by Traer Creek LLC to the Town. 11. The final design site plan for Planning Area Q shall require review and approval by the Planning & Zoning Commission for any automobile stations and/or carwashes. 12. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 13. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-1, RMF-4, Q, and N)- 14. The 1.0-acre fire site will be provided on the Community Park (Planning Area N). 15. Accessory units on RMF-1 will be a permitted use in the PUD Guide and counted as a residential dwelling unit. 16. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. F:\Counci1\Ordmances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc .I Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the ~ day of .2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk F:\Counci1\Ordmances\2003\Ord 03-10 VAA PUD Amend -Oct. 14.doc '*Memo To: Honorable Mayor and Town Council Thnr Lary Brooks, Town Manager From Ruth Borne, Director of Community Development WAB September 17, 2003 Re: Second Reading of Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No. 1 for the Village {at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado Public Hearing Summary On September 9, 2003 Council approved Ordinance 03-10 on first reading as proposed. Traer Creek LLC submitted a revised development plan and PUD Guide along with a revised traffic report and sketch plan subdivision on Monday, September 15 and made the following modifications: • RMF-1 decreased the density to 6 dwelling units per acre, which decreases the density from 244 to 184 and deleted all of the secondary/accessory units. • Planning Area Q deleted the 3.4 acres Regional Commercial site. The following items are outstanding concerns with the revised application: The revised traffic report indicates a LOS "D". Please review the conditions contained in your packets for the sketch plan subdivision, Resolution 03-39. • The fire station location is no longer an element of the application. Staff recommends the applicant designate the fire station location on the Community Park as initially contemplated in 1998 (on Planning Area N), or alternately on Planning Area Q, and has added a condition in Ordinance 03-10 establishing this condition. • The PUD Guide for Planning Area Q does not contain the gas station and/or carwash as a special review use. After several meetings and review of this issue, staff has modified the condition in Ordinance 03-10 authorizing approval of the site plan and circulation through the Planning & Zoning process. • Memo to Town Council, September 23, 2003 Page 1 of 2 Ordinance 03.10, VAA Formal PUD Amendment No.1 • Staff recommends the accessory units remain as a permitted use on RMF-1 in the PUD Guide to allow for flexibility of t he r esidential d evelopment, c ounting a s f ull dwelling units against the proposed density. • To date, Eagle County School District has not provided any correspondence or Memorandum indicating the provisions for the school site, Planning Area G. A draft is expected prior to the disbursement of your packets on Friday, September 26. Recommendations Staff recommends tabling of Ordinance 03-10 with the revisions as proposed until a Memorandum of Understanding with the School District is formally executed. Additionally, in light of Staff discussion with the School District Attorney on September 17th, 2003, it appears as though the basic premise of this application (moving the school site to RMF-4) may be unacceptable to the District without first securing access across U.S. Forest Service land as depicted on the plans. Proposed Motion °I move to table the second reading of Ordinance 03-10, Approving Formal PUD Amendment No. 1 for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado." Town Manager Comments Attachments. • Letter from Shane Bohart dated September 15, 2003 Revised PUD Guide for the Village (at Avon) Revised Formal Amendment No.1 PUD Development Plan Ordinance 03-10 E • Memo to Town Council, September 23, 2003 Page 2 of 2 Ordinance 03-10, VAA Formal PUD Amendment No.1 Traer Creek LLC September 15, 2003 Avon Town Council, Town Manager and Staff Post Office Box 975 Avon, CO 81620 RE: Traer Creek PUD Amendment -Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No. I for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado Honorable Mayor, Town Council, Town Manager and Staff, On behalf of Traer Creek LLC, we felt it important to provide this letter in regards to our current PUD Amendment under review and consideration. As you're aware, on Tuesday, September 9, 2003 Council voted to approve ordinance 03-10 on first reading and this application is now scheduled to go to second reading with Town Council and Public on September 23, 2003. • It is our belief that the recent approval on first reading of this PUD Amendment and related ordinance was due to various reasons including but not limited to: P&Z's prior review and approval; various meetings between applicant and Town staff; a public hearing on August 26; a recent tour of site with the council, public and staff; and related work session with council, staff and applicant. Throughout this process, we have done our best to listen intently to your issues and concerns, work diligently and responsibly to address and resolve these issues and concerns, and ultimately create a PUD Amendment and related land use plan which will be beneficial to the Town of Avon and Eagle County. Some of the key modifications which we've made from our originally submitted PUD application, based upon both Town and Public comments include: • Conversion of a 3.6 Acres of Regional Commercial Area (Q West) to Park Land (i) • Agreement to establish a three party agreement (Memo of Understanding) between School District, Town and Developer in order to provide school district with a larger site (9 acres versus 7.3), move away from Interchange and locate school site on RMF-4 amongst residential. For reference, we are currently awaiting a draft agreement of the MOU from the school district attorney. • Agreement to reduce accessory units within RMF-1 from over 70 units originally proposed to 25 accessory units • Agreement to revise the LSC traffic study analysis to further indicate feasibility of densities as it relates to traffic north of I-70 • 7merCmk LLC (Street Address) 0322 East Beaver Creek Blvd, Avon, CO 81620 (Mailing Address) PO Box 640, Vail, CO 81658 970.949.6776 970.748.8900 Fax Traer Creek PUD Amendment - Ordinance 03-10 PAGE 2 • Agreement to demonstrate sufficient water rights to provide service to RMF-4 and related development throughout project • Agreement to eliminate "interval ownership" as an allowable use within RMF-1 • Agreement to construct a road to the school site (G) connecting to RMF-4 either via a northern route or via USFS at such time school District requires its site based upon the aforementioned Memorandum of Understanding • Continue to meet with the Forest Service and Western Land Group to facilitate an easement or land exchange to garner a direct access to RMF-4 through the USFS. Also we've requested letters of support in this regard from Town, School District, Eco Trails. • Agreement on 11 of the 14 staff conditions for ordinance 03-10 (excluding #5, #11, #14) Following the approval of the first reading of ordinance 03-10 on September 9, 2003 and related to recent Town Council and Staff comments, we again shall respond to councils comments and offer the following: • • Elimination of all accessory units within RMF-1 from currently proposed 25 to 0 • Reduce total density on RMF-1 from 8 dwelling units an acre to 6 dwelling units an acre, which is equivalent and no change from the original and currently approved PUD densities within RMF-1 • Withdraw request to decrease PUD landscape requirement within RMF-1 residential from 15% to 20% and remain at 20% • Withdraw request to decrease PUD landscape requirement within Q regional commercial from 5% to 20% and remain at 20% in return, we respectfully request that Council approves on second reading, ordinance 03-10 with certain minor modifications. First, we have replaced the 3.6 acre regional commercial Q West parcel with Park Land (I) and thus the condition in #5 stating that 3.4 acres of useable park be replaced needs to be revised accordingly. Second, condition #11 in the ordinance which requires a special review use for service stations in Area Q should be stricken, as Traer Creek strongly believes this should be a use by right. Third, condition #14 regarding material representations should be stricken, as it is unacceptable and not binding. Thank you in advance for your consideration and we look forward to continuing a positive and mutually beneficial working relationship. Sincerel Shane ohart, Vice President of Development Traer Creek LLC Cc: Magnus Lindholm, Manager, Traer Creek LLC is Dave Kautz, Senior Vice President, Traer Creek LLC Pr-P11.♦ • 0 The Village (at Avon) PUD Guide QEtebe3~uSeptember 15, 2003 DECEIVED S E P 15 2003 U Community Development 35N01.16 MLAYER • The Village (at Avon) PUD Guide Geteber- 13, 1998September 15, 2003 A. PURPOSE/GENERAL PROVISIONS 1. Purpose. 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 Rim. 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 17.14.050 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. 356801.14 MIAYER L ~ r t 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 building or other structure, and any parcel 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, and 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 govern 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 MIAYU 2 r. (e) Planning Area Boundaries Road Alignments Lot Lines Building Envelopes. . 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 Section 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 aBuilding 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 (fl. 4. Applicability 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 preclude the application on a uniform and non-discriminatory basis of Town regulations'of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or the application of state or federal regulations, as all of such regulations exist on the date of the Annexation and Development Agreement or may be enacted or amended after the.date of the Annexation and Development Agreement, provided that such newly enacted or amended Town regulations shall not. directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, • delaying or otherwise adversely affecting any of Owner's rights set forth in the 356601.14 MLAYU 3 c' 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 is 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. 1. 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. Accessory Apartment. 2. Accessory apartment is a dwelling unit either in or added to the existing principle building on the lot, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Accessory dwelling units are accessory to the primary dwelling or use of the lot and may not be sold or conveyed in any way to separate ownership. 2:3. Accessory Building or 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. 356801 14 MLAYER 4 1 ~ Y ~ f f 4.5. Accommodation Unit. I • Any room or group of 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. Affordable Housing Plan. The sole affordable housing requirements for The Village (at Avon) PUD, as set forth in Section I.11 below. 6. Allen: ~7. 68. ~9. 356801 14 MLAYER Alley means a public right-of-way providing only secondary access to the rear of a property and not intended for general travel. Annexation and Development Agreement. The Annexation and Development Agreement concerning the Property and made by the Town of Avon and EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT H LLC, and PVRT NOTT III LLC. Bed and Breakfast. I An owner-occupied Dwelling Unit that contains no more than three -guest, rooms • where lodging, with or without meals, is provided for.compensation. 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 terms and conditions of Section A.3. of this PUD Guide as follows: (a) Area. (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. (b) Location. 5 (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 100 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 up to 200 feet in any direction. (c) Building Footprint. 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. X10. Building Height. 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 or to the highest ridgeline of the sloping roof. 911. 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. 4-012. Commercial Space. Commercial space is any area which may be used, rented or leased for the purpose of generating retail business or consumer services. U 356901 14 MLAYER (a) Except as specifically provided below; Commercial Space includes, but is not limited to: (i) Business and professional offices; (ii) Retail specialty and gift shops; (iii) Restaurants; (iv) Banks; (v) Barber and beauty shops; (vi) Laundromat/dry cleaning; (vii) Shoe repair, (viii) Automobile repair and services; (ix) Tavern; 6 r (x) Cinema; • (xi) Clothing stores, (xii) Department stores; (xiii) Beverage stores; (xiv) Furniture stores; (xv) Hardware stores; (xvi) Food stores; (xvii) Real estate sales offices; (xviii) Uses which the Director of Community Development determines to be similar. (b) 'The following uses will not be considered Commercial Space- (i) -All residential and lodging facilities (except for areas used specifically as enumerated under Subparagraph 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. 3%801.10 MLAYER 7 • (iii) In hotels, inns and motels, hallways, lobby and reception areas, stairwells, elevator areas, public restrooms, permanently designated corridors, landings, entranceways, meeting and banquet rooms and facilities, sundries shops, breakfast shops and other shops intended to cater primarily to hotel guests shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of commercial area permitted pursuant to the PUD Guide, but retail areas intended to cater primarily to non-hotel guests and full- service restaurants shall constitute Commercial Space for such purposes; (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. 4413. Condominium. 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. 4-2-.14. 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. 43:15. 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). 4416. Design Review Board. The Village (at Avon) Design Review Board as appointed or elected in accordance with the Covenants. 4-517. 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 M., C.R.S., and Section 17.20.110 of the Municipal Code. 356901 14 MLAYU 8 4-6.18. Development Standards. I The planning requirements governing the development of the Property as set forth in Section F of this PUD Guide. X19. Director of Community Development. The Director of Community Development for the Town of Avon. 4-8-.20. 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. 4-9:21. 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 for a given Hotel, Motel or Lodge project, any fractional value shall be rounded to the next highest integer. Three Extended Stay Hotel rooms will be counted as one Dwelling Unit, in accordance with the conditions stated above and notwithstanding the fact that each such room contains an indoor cooking facility. The following terms shall clarify the definition of Dwelling Unit. (a) Accessory Apartment as damned in Section B.2 above. (6)(b) Primary/Secondary Structure as defined in Section B.3434- below. I is 356801.14 MLAYU 9 (b)(c) Duplex Structure as defined in Section B.204.5 above. (ca(d) Condominium as defined in Section B.1344 above. (d) Interval Ownership or Timeshare as defined in Section B.25 below. ?9.22. 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 Iof 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." 2-1-.23. -Final Plat. A Final Plat approved by the Town pursuant to Section 16.24 of the Municipal Code. 22-.24. 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. 25. Interval Ownership: Interval Ownership means any parcel or lot of land, dwelling unit, or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four persons (ownership of an interest in joint tenancy by two persons being considered one person for the purpose of this section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or gloating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive, of that by the others). "Interval Ownership" includes, but is not limited to, a time-share estate as defined in Section 38-33-110, Colorado Revised, Statutes (1973), as amended. 1-.26. Landscaped Area. "Landscaped Area" means .that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, groundcover," flowers, or lawns; natural features and nonliving groundcover such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include parking areas. 35680114 MLAYER 10 24.27. 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. - 23:28. Municipal Code. The Town's Municipal Code, as in effect from time'to time. 2629. Owner. Collectively, EMD ; Limited Liability Company, a Colorado limited liability company, PVRT NOTT I LLC, a Colorado limited 'liability company, PVRT NOTT U LLC, a Colorado limited liability company, and PVRT NOTT III LLC, a Colorado limited liability company, and their respective successors and assigns. 230. Planning and Zoning Commission. The Planning and Zoning Commission of the Town of Avon. -?4- .31. Planning 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. ?9.32. Planning Department. The Planning Department of the Town of Avon. 3033. Preliminary Plan. A preliminary plan approved by the Town pursuant to Section 16.20 of the Municipal Code. 34:34. 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-.35. Prop r • 356801.14 MLAYM 11 • 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. 33.36. 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. 34:37. 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 Areas, development sites, open space 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; 3638. 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. 3639. Sketch Plan. A sketch plan approved by the Town pursuant to Section 16.16 of the Municipal Code. 340. The Villa-Re (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. 3$:41. 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. 42. Timeshare Reference Interval Owernership. • 3-9.43. Town. The Town of Avon, a municipal corporation of the State of Colorado. 356801 14 MIAYER 12 r 40,44. Town Council. The Town Council of the Town. 44-45. 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. 446. Wildlife Mitigation Plan. The sole wildlife mitigation measures required for The Village (at Avon) PUD, attached as Exhibit E hereto and incorporated herein. C. ASSIGNED LAND USE DESIGNATIONS The following list identifies Planning Areas within The Village (at Avon) PUD and their respective land use designations. 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 H Neighborhood Center I Neighborhood Center J Regional Commercial K Regional Commercial L Regional Commercial MQ Regional Commercial N Community Park OS1-10 Natural Open Space P 1-P6 Parkland Lots 1-96 Single Family Residential RAE 1-34 Multiple Family Residential D. TOTAL PERMITTED DENSITY 1. The total permitted density for The Village (at Avon) PUD for Planning Areas A-L, Lots 1-96, and Planning Areas RMF 1-3 shall not exceed: • 0 (a) Commercial Space. • 336801.14 MLAYER 13 650,000 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 efmit«°d C i c lli Unit d d D hie .i hi . AT-@ e s e n p a rave LLaav. I.J d `he t M shall be determ' ' * t t a f s t d d 1et va.w~~ v u all L+I 4 V i~1~I~1 kJQi nvf uv..,a..~aiav ~ ft Seefien-- T 4 below Vill t A d t preee itm f h T aek 1 . ic age--(a -Z T`ren) an n r t « a t, newled e that Plannin t own Aveft a l d dev l g g IV VIIL 1 deve ele ment and n epe as i d bh l ^ and p , 1 eemanef ~ Iu t d .,ddiri to th se t f A institatienal u e a pu f an e 1, d b b .t e ses at he Tev" of A,•"" a ove as 3. Density calculations for residential development within Planning Areas A-M-Q and RMF 1-3-4 shall exclude areas with slopes exceeding 40%. ' • 4. At final buildout of the particular Planning Area, the following minimum and maximum ratios of commercial and residential development, stated as a percentage of the aggregate square footage of development within the Planning Area [e.g., commercial square footage = (commercial + residential square footage) = percentage of commercial], shall apply within the following Planning Areas: Planning Area Village Center (A) Residential Min% Max% 30% 80% Village Residential (D,E,F) 90% Neighborhood Commercial (H,I) 0% Regional Commercial -(J,K,L, Q) 0% 100% 20% Commercial, Min% Max% 20% 70% 0% 10% 80% 100% 20% 80% E. 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. 356801 14 MLAYER 14 1t0% F. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON PUD 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 occupied by a single retail business shall exceed 60,000 square feet of Commercial Space. C (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 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. 35680114 MIAYER 15 • (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. (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. • 356801 14 MLAYER 1 2. Planning Area B - Cultural/Recreational. • (a) Purpose: 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) (8) (9) Community center Facilities for the performing arts, including outdoor amphitheaters Museums and, galleries Community meeting -facilities- Recreational clubs Classrooms Libraries Accessory retail and commercial facilities and food and beverage establishments Daycare facilities (ii) Accessory living quarters for employees of the cultural/recreational facilities. (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) Additional uses which the Director of Community Development determines to be similar to uses by right. r (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. 356801 14 MLAYU 1 • • • (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 Skating/Events Center. (a) Pp ose: To provide a site for an Ice Skating/Events Center that will serve the needs of the residents and guests of the Upper Eagle Valley. • (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. (iv) Public 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 Planning Area 356801 14 MIAYU 1 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 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 4 Dwelling Units. (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. 4. (a) (g) Minimum Lot Area: None, Planning Areas D. E. F - Village Residential. Purpose: 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 single-family, 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. 3%SOI.I4 MLAM 19 (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' Commercial uses including, but not limited to any activity for the purpose of generating retail business or consumer services 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 uses. (x) For Planning Area D: In addition to those use's listed above,- pedestrian bridges and lodging facilities including, but not limited to hotel, motel, and bed and breakfast. (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, group and congregate care facilities;. 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. U 356801.14 MLAYER 20 (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) Densitv 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% (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: (i) Educational 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. 356801 14 MLAYER 21 • (vi) 'Ad ' ditional 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: As defined in The Village (at Avon) Parking Regulations. (f) Minimum Lot Area: None: 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 bight: (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, 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 utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. 356801 14 MLAYER 22 (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 an d construction offices. (ix) For Planning Area I: 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. (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' - Side: 7:5' Rear: 10' The setback adjacent to the Railroad Right-of-Way shall be 20'. • 356801 14 MLAYER 23 • (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 Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 20% 7. Planning Areas J. K L-M Q - Regional Commercial. (a) Pu ose: • 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: (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, 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 to bus, rail stations, tramways, gondolas and lifts. C 356801 14 MLAYER 24 (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 Planning Areas K, L and MQ: Service commercial uses I 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. (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 hospitals. (ii) Educational. facilities including, but not limited to public and private school s,universities; colleges and daycare. (iii) Emergency heliport. (iv) Outdoor entertainment facilities that include the use of amplified music. (v)Fer- Planning Ai-aa M.- in addition to these Special Review Uses !is above, the fellewing use shall be Special Review Uses: Light uu , but na! limi;ed to Wwiu iuec repair, . war-eh,al'r;rrg and Qrs*iibunen faeilities; wholesale f ''t' , swage, ,tent,^appl:l m d'ffiefe iandise. • 356801 14 MLAYER 25 17-1 • 336801 Id MLAYER {}(v) 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: (i) For Planning Areas J, K, and L: Front: 25' Side: 7.5' Rear: 10' The setback adjacent to the Railroad Right-of-Way and the 1-70 Right-of-Way shall'be 20 (ii) For Planning Area Q: Front: 10' Side: 7.5 Rear. 10' The setback adjacent to the 1-70 Right-of-Way shall be 10'. F-t: 257, Side:? The setbaek adjaeent te the Railr-ead Right of Way and the 170 Right e 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 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: 26 I 20% 8 Planning Area RMF - 1 - Residential Multi-Family. (a) P ose: To provide sites primarily' for multi-family residential uses with appropriate support commercial uses to serve the neighborhood. (b) Uses by Right: (c) (i) Residential uses including, but not limited to single4amily, duplex and multi-family dwellings C-enunerciul ~tses- ntended- te s v d i id ial includin inelu i g J aetivity fer li ited but net er e-s ffeon - the pufpese of gen to ,-°t.,;1rat " ng- res ent yeas business erating retail b f i l an AfflEe's 5, . rrn r ersonal seniee e er-e , she s d d b ss e a d business * t,1' t t , p p , be -an e r erab 4hi (ii) Temporary real estate sales offices and construction offices. (icy(iii)Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services - and buildings. 4 v) Recreational facilities. FO(v) Parks and open space. (viWvi)Additional uses which the Director of Community Development determines.to be similar to usesby right. (ii}(vii) Accessory Uses and Structures customarily appurtenant to uses by right. Special Review Uses: (i) 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. • • 35680110 MLAYER 27 ® N(ii) Churches, museums, libraries and public buildings. (i#(iii) Day care facilities. (d) Building'Setback Requirements: Front lot line - 22-0-10 Feet Side lot line - 44-3 Feet Rear lot line - 4-0-3 Feet The setba agent to the 70 Right -8f Way shall be 20'. The roof overhangs of single fancily homes shall be allowed to encroach into setbacks. (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 Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 20% 9. Residential Multi-Family - RMF 2 and RMF 3. (a) purpose: 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 multi-family dwellings. (ii) Child care. • (iii) Recreational facilities. 356801.14 MIAYER 28 (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 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. (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 Multi-Family - RMF 4 (a) purpose: To provide sites for a variety of residential uses. (b) Uses by Right: 356801.14 MLAYER 29 • (i) Residential uses including but not limited to single-family, duplex, and multi family dwellings. (ii) Residential Management Offices. (iii) Temporary real estate 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 a use by right. (c) Accessory Uses and Structures customarily appurtenant to uses by right. Special Review Uses: (i) Churches, museums, libraries, and public buildings. (ii) Child and Day Care facilities. ON 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 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. (d) Building Setback Requirements: To be determined by sub-division and design review criteria except as necessary to accommodate utility improvements, lines and mains, facilities, services and buildings. (e) Maximum Building Heim 48 feet. Single family or Duplex residential structures shall not exceed 35 feet. Non-habitable architectural features such as chimneys, towers, steeples, or similar features shall be excluded from the calculation of building height. 69 Density Allowance: Residential Density not to exceed 8 residential Dwelling Units per acre. (g) Parking Reguarements: 356801 14 MLAYER 30 As defrned by the Village (at Avon) Parking Requirements. (h) Minimum Landscape Area: 20%. 4-0:11: 'Residential Single-Family Lot 1 and Lots 6-96 (there are no Lots numbered 2, 3, 4 and 5). (a) Purpose: To provide sites for single-family homes, and homeowner association amenities including, but not limited to, homeowner facilities and similar uses. (b) ' Uses by Right: (i) For Lot I only: • (1) 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, services and buildings. t (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: " 356801 14 MLAYER 31 • (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 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) 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 Reauirements: As defined in The Village (at Avon) Parking Regulations. 44.-12. Planning Areas N - Community Park and P1-P6 - Parkland. '(a) P ose: 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. . • 356801 14 ML4YER 32 (yi) Public or private roads and utilities including but not limited to • utility improvements, lines and mains, facilities, services and buildings. (c)- Setback Requirement: 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 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) Density Allowance: N/A (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. 4-1.13. Natural Open Space _ OS I - 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 not limited to utility improvements, lines and mains, facilities, services and buildings. Provided, however, that such uses which are located in Planning Area OS 10 shall be oriented on a generally north-south axis. (iv) For OS 1-OS9: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking. 356801 14 MLAYER 33 (c) Special Review Uses for OSLO: (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 (e) Maximum Building Height: N/A (f) Density Allowance: N/A (g) Parking Requirements: • N/A 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 356801 14 MLAYER 34 before the Planning and Zoning Commission in accordance with Section 17.12. 100 of the Municipal Code, as amended. (c) Developments and uses granted by special review use permit shall be 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 to revoke the permit. - (d) A special review use permit is valid as long as conditions of approval are maintained by the applicant, unless a specific time limit for the use is set forth as part of the approval. If an approved use ceases operation for any 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 approval executed by 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; 0 356801 14 MLAYER 3 • (e) A proposed development schedule indicating: (i) Date of the beginning of the use and/or construction; (ii) Phases in which the project may be developed and the anticipated rate of development; (iii) The anticipated date of completion of the project; (f) Any agreements, provisions or covenants to be recorded; (g) Restoration or reclamation plans shall be required for all uses requiring extensive grading, for extractive uses, and may be required for other uses as necessary; (h) A statement regarding any provisions for proper ongoing maintenance of the use and site 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 Special Review Uses. The staff and the planning and zoning commission shall consider the following criteria when evaluating an application for a special review use permit: (a) Whether the proposed use otherwise complies with all requirements imposed by the Development Plan; (b) Whether the proposed use is 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 356901 14 MLAYER 36 1. General. 0 (a) Amendments to the Development Plan may be processed by the Town either formally or.administrati'vely. (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 consent of the Owner. For purposes of this subsection H.L(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 17.20.11 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 356801 14 MLAYER 37 S 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 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 materially 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. (ii) 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 birector 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 336801.14 MLAYER 30 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. (iv). Where Amendments to the Development Plan request dimension or spatial, modifications of established Development Standards of up to the,percentage stated in subparagraphA. below, the base used for measurement shall be the originally 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 in the aggregate within The;Village (at Avon) PUD. (d) Specific 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 j o 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 Planjf the revision affects Development Standards for a particular site,or Planning Area. 0 356801 14 MLAYER 39 • (iv) Subdivision Related Changes Affecting Development Plans. If the Town approves any Sketch Plan, Preliminary Plan or Final 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 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 Area(s) affected by the Sketch Plan, Preliminary Plan, or Final Plat the approval of which necessitated 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 356801.14 MLAYER 40 by the Planning Staff) in order to obtain input into the • appropriateness of the request and the materials required to be submitted with the request. (ii) Upon a complete submittal of the required materials, the Director of Community Development shall determine, within 15 days after submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. (iii) If 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 Community Development is 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 comply 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 to meet the emissions standards set forth in Section IV of Regulation No. 4 of Volume I of Colorado Air Quality Control Commission. is 356801.14 MLAYER 41 • (iii) "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 in conjunction with a chimney. (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 wood-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-burning 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 in 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. aim. Signs shall be in conformance with The Village (at Avon) Design Review Guide. 356301 14 MLAYER 42 e 3. 4. 5. Parking Requirements. Parking shall be in conformance with'The Village (at Avon) Parking Regulations set forth in Exhibit C to this PUD Guide. Surface Parking 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 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. . 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) Roadway standard modifications' 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) Minimum 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. 356901 14 MLAVER 43 -b a • (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%. (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-sacs servicing 250 or 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 site-developed hydrograph being combined. (d) The minimum sidewalk and trail width standards shall be as follows: (i) Sidewalk: 4' minimum width for local streets is 6' minimum width for collector and arterial streets 356801.14 MLAYER 44 (ii) Multi-use trails: 8' minimum width. • (e) Other, variances from the Town of Avon Design and Improvement Standards in Section 16.40 of the Avon Municipal Code will be 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 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 development proposals within The Village (at Avon). For portions of the Property south of Interstate 70 and all portions of the Property north of Interstate 70 other than Planning Area RMF-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'') 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 to 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 . 356801 14 MLAYER 45 r Guide to the Planning and Zoning Commission for review and approval within thirty (30) days after such resubmission; or (ii) appeal to the Town Council the Planning and Zoning 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 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 Design Review Guide, as applicable, amend the approved and adopted Design Review Guide. Amendments to the Design Review Guide that do not conflict with any term of or are more stringent than any Development Standard established • by this PUD Guide shall not require an amendment to this PUD Guide, and shall not require review by the Town. Amendments to the Design Review 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 findings 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 stream located within the boundaries of a 356801 14 MLAYER 46 C proposed subdivision shall-be protected in its natural state with the exception that is footpaths, bridges, irrigation structures, flood control and ero sion 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 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, the Owner- shall facilitate non-motorized access through the Property to ottsite 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 OS8. 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: • 356901 14 MLAYER 47 6 r • (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 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 "ECMFP) as determined by the Department of Housing and Urban Development guidelines or by the Town in the event such guidelines cease to be maintained by the Department of Housing and Urban Development. Not more than fifty percent (50%) of such units may be targeted for sale to households earning 120% of the ECMFI. (d) For-sale units shall be deed restricted to require the following: (i) The sale of units shall be restricted to "Qualified Buyers," defined as follows: (1) An owner who occupies the unit as his or her primary place • of residence; (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 to confer eligibility hereunder. The foregoing • limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index (the "CPn. 336801 14 MLAYER 48 For purposes of this subparagraph (4), the CPI shall mean • Series ID: CUUSA433SAO (All Urban Consumers; Not Seasonally Adjusted; Denver-Boulder-Greeley, CO; All items; Base Period 1982-84=100; 1" half of 1998 =160.5). (ii) An annual price appreciation cap of 3%, or such higher percentage as the Town Council may approve from time to time, will be established. (iii) If and when an owner moves out of his or her unit, he or she will be required to sell his or her unit to Owner or a Qualified Buyer. (iv) The rental units will be targeted to households earning between 50% - 80% of the ECMFI. Rents shall not exceed 30% of the tenant's monthly income, adjusted for household size, including utilities, for which allowances are determined annually by the Colorado Housing Finance Agency. (v) Capital improvements to a for-sale unit may be made up to ten percent 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 not in 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 601St Dwelling Unit within the 356901 14 MLAYER 49 c Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (b) Pocket Parks (Planning Areas P1 - 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 601St 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 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (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 200,000th 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. 356801.14 MLAYER 50 EXHIBIT A Legal Description • 356801 14 MLAYER A-1 • 4 V • EXHIBIT B PUD Master Plan • • 356801.14 MLAYER B-1 • .1. EXHIBIT C is The Village (at Avon) Parking Regulations E 35680I.I4 MIAYER C-1 q r• • • EXHIBIT D Wildlife Mitigation Plan C 356901 14 MLAYER D-1 V 40' EXHIBIT E • Minimum Design Review Guide Provisions • 336601.14 MLAYER E-1 • TABLE OF CONTENTS Page A. PURPOSE/GENERAL PROVISIONS 1 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 .................................................................132 D. TOTAL PERMITTED DENSITY 13 • E. DWELLING UNIT AND COMMERCIAL SPACE REPORT 14 F. • DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD ARE AS FOLLOWS ........................................................................................................14 1. Planning Area A - Village Center ......:................................................................14 2. Planning Area B - Cultural/Recreational .............................................................16 3. Planning Area C - Ice Skating/Events Center ....................................................18. I 4. Planning Areas D, E, F - Village Residential 19 5. Planning Area G - School 21 6. Planning Areas H, I - Neighborhood Center 22 7. Planning Areas J, K, L, M - Regional Commercial 24 8. Planning Area RAE - 1 - Residential Multi-Family 26 9. Residential Multi-Family- RMF 2 and RMF 3 27 10. Planning Area RMF- 4 - Residential Multi-Family ....28 10. Residential Single-Family Lot 1 and Lots 6-96 3029 11. Planning Areas N - Community Park and P1-P6 - Parkland 310 12. Natural Open Space - OS 1- OS 10 432 356801 14 MLAYER I TABLE. OF CONTENTS (continued) r r Page G. SPECIAL REVIEW USE 3233 1. Special Review Use Permit 3233 2. Application Filing and Processing ...........................................3233 3. Submittal Requirements for Special Review Use 3334 4. Criteria forReview, Recommendation, and Approval of Special Review Uses ......................................................................:............................................435 5. Amendments to Special Review Use Permit 3435 H. AMENDMENT PROCEDURES ...............................................................................3435 1. General .............................................................................................................3436 2. Formal Amendments M36 3. Administrative Amendments 3336 I. SUPPLEMENTAL REGULATIONS 3940 1. Fireplace Regulations 3940 2. Signs 4041' 3. Parking Requirements 4042 4. Surface Parking Landscaping Requirements 4042 5. Design and Improvement Standards 44-42 6. Wildlife Mitigation Plan 4344 7. Design Review Guide 4344 8. Stream Setback'Provisions 4445 9. Residential Fire Suppression Systems 4346 10. Park, Recreation and Trail Access 4346 11. Affordable Housing Plan 4346 12. Provision of Certain Amenities 4-748 EXHIBIT A Legal Description A-1 EXHIBIT B PUD Master Plan B-1 • 356801.14 MIAYER 11 ~ i a TABLE OF CONTENTS (continued) Page EXHIBIT C The Village (at Avon) Parking Regulations C-1 EXHIBIT D Wildlife Mitigation Plan D-1 EXHIBIT E Minimum Design Review Guide Provisions ..........................................................E-1 • • 356801 14 MLAYER 1i1 .I A • r An extra section break has been inserted above this paragraph. Do not delete this section break if you plan to add text after the.Table of Contents/Authorities. Deleting this break will cause Table of Contents/Authorities headers and footers to appear on any pages following the Table of Contents/Authorities. 356801.14 MLAYER 0° Jim 0 00 o 0, $ s 8~d~ IIJ gag] 00 0 C 8 a a olo Palo I as e 8 x ~g x g 2 x 3 8 00 es~~m so; Jill ° a c a a II o Q $ z ~ ~ ~ z a ~ z pQ 6 O O o Z a ~ ° e < 9 o LL ~ ~ N ri r d ° €zz z E~ e a f m r~ ~ ~ E■ a ~a ~ $ z o 0 o m ~ e9 z i ~ ~ a z' N a ~ oa ~m A ~ 0. O c3 0 d d c d o d o d ••1 Pf p ri Q o. Af vi W a O `O R T eV !V Q H a. ~ Y lag A~ z z a a a a F O V m W sa~~ ; d~ a ®MR 1 7C, U 8•t ~g w ~ v ~ ~i ~ ~ e ~ v A ~ ~ N G N h r .p 6 yp yj yj moo, Sol q3 0 0 0 - zi m Wmg _ - - - ` J,~ . / r - IL M n. QT j SSS LLI T ,i,;,,;,,,,,,,,. 1 o0 c zz lox O f ' Y. a CL It's 0 Q ' cc, tom' Z' f z Q S • p, NJ R x = p ® it tw~~ ;A O $ Mu LU ® E . •-:1 111 r•-.e ` _ ; 1 m ...ri , . LL cc 'Fyi Q ,1: ' rr } ,.4y. ''1 ~ ~ 1 t i ' 1~ • tIY - . o a ' ma E 0 0 0 z D y ~ $A Z_g cg 7 9 gg sort ~e7~ {,=m1 ~tgg u VV~I.. yV ~I W- ✓ ~ NN T ~ L - /1• Y r''; gym. e.. . _ - ~ ..`,yI ~d Va- -1 j IL u Q 1 _q~ off lit ` 1; 1^i 6 " l9 g' i` 6 e~y r7 e • I Eli gale a~ sg~ U ~iF< TOWN OF AVON ORDINANCE NO. 03-10 SERIES OF 2003 AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO. 1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RAF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revision dated September 15, 2003; 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 on June 17, 2003, 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 Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.1 to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 26th day of August, 2003 and September 23, 2003, at which time the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. 1; 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: c: FACounci1\0rdinances\2003\0rd 03-10 VAA PUD Amend -Sept.23.doc 1. 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. That the amendment is compatible with the Village (at Avon) PUD Guide and original application premise and the policies as specified by the Town of Avon Comprehensive Plan. 3. That the development standards for The Village (at Avon) PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. 4. That adequate facilities will be available to serve development for the type and scope proposed for each respective planning area upon completion of the subdivision process for the area encompassing Formal PUD Amendment No. 1. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Formal PUD Amendment No. 1 for. The Village (at Avon) PUD is approved for Planning Areas RMF-1, RAF-4, G (school site), N (Community Park), M (Regional/Commercial), Q (Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on RM94 formerly known as apart of Planning Area M-consists of a maximum of 310 dwelling units limited to RMF-4 only and is in addition to the 2,400 dwelling units currently approved in The Village (at Avon) PUD Guide, Section D and the Annexation and Development Agreement recorded November 25, 1998. 2. As part of the final subdivision process, an approved subdivision improvements agreement and provisions for adequate collateral for public improvements consisting of, but not limited to roads, bike paths, sidewalks, and utilities shall be completed prior to . any development for each respective planning area: Planning Area Q, Planning Area G (school site), RMF-1 and/or RMF-4. 3. A final court decree of adjudicated water rights for the adequate quantity and use along with all related agreements, leases and contracts shall be approved and fully executed for is the provision of water to RMF-4 as a prerequisite of final plat approval. FACounci1\0rdinances\2003\0rd 03-10 VAA PUD Amend -Sept23.doc 4. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch . Road extension be completed at the time of the Interstate-70 Improvements. The Swift Gulch Road extension shall be collateralized as part of a final subdivision plat prior to commencement of any development or grading north of I-70. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RMF-1. Submit a detailed Park Plan for RMF-1 and RMF-4 in conjunction with a final subdivision plat that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RAF-4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1 N In the event approval for the proposed alignment is obtained from the Forest Service, then a public road as depicted on The Village (at Avon) PUD Development Plan Formal Amendment No.1 will be required to be collateralized and constructed in accordance with a . Subdivision Improvements Agreement prior to the construction of any development on Planning Area G (school site) and/or RMF-4. 7. A continuous ECO trails bike path connection from Swift Gulch Road through RMF-1, RAE-4, Q, N and G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town of Avon. Additionally, the trail must be indicated on the Preliminary Subdivision Plan submittal. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and relocation of the school site to a more remote location. Prior to issuance of any building permit for either RMF-4 or Planning Area G (school site), an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. 9. In the interest of preserving development opportunities and ensuring the location of the is school site, Planning Area G (school site) shall not again be relocated without compliance P:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend -Sept.23.doc with the procedures for a formal amendment as set forth in the Village (at Avon) PUD Guide, Section H.2 and the Avon Municipal Code, Section 17.20.110K. 10. The School Site (Planning Area G) must be dedicated by Traer Creek LLC in accordance with the terns and conditions as provided by the Memorandum of Understanding ("MOU") dated , 2003 by and between the Town of Avon, Traer Creek LLC, and Eagle County School District RE-507. A copy of the fully executed MOA is attached and incorporated herein. 11. The final design site plan for Planning Area Q shall require review and approval by the Planning & Zoning Commission for any automobile stations and/or carwashes. 12. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 13. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-1, RMF-4, Q, N, and G). • 14. Designate the 1.0-acre fire site dedication on the Community Park (Planning Area N) or Planning Area Q. 15. Accessory units on RMF-1 will be a permitted use in the PUD Guide but shall be counted as a residential dwelling unit. 16. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. • F:\Counci1\0rdinances\2003\0rd 03-10 VAA PUD Amend -Sept23.doc • • Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor is ATTEST: Town Clerk FACounci1\0rdinances\2003\0rd 03-10 VAA PLJD Amend -Sept23.doc Memo To: Honorable Mayor and Town Council ThnL Larry Brooks, Town Manager From Ruth Bome, Director of Community Development Date August 21, 2003 Re: First Reading of Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No. 1 for the Village (at Avon) Development Plan and PUD Guide, Town.of Avon, Eagle County, Colorado Public Hearing Summary Traer Creek LLC submitted this formal PUD Amendment for the Village (at Avon) on May 30, 2003. Several hearings were held by the Planning & Zoning Commission defining and understanding the proposed 'changes to the development standards and densities for the affected areas, which is limited to modifications to the planning areas located north of the new 1-70 Interstate exchange. On August 5, 2003 (the 4ti' public hearing) the Planning & Zoning Commission unanimously recommended approval of the Village at Avon PUD Amendment as set forth in Resolution 03-14. The major highlights of this application include: Creating an additional 19.2 acres of Regional Commercial (Planning Area Q) immediately adjacent to the new interstate exchange. This commercial area is divided by Post Blvd. into separate parcels. The east panel is approximately 7.8 acres and the west side consists of two parcels: 7.8 acres and an additional 3.6 acres. As a frame of reference: Christy Sports is 6.35 acres and Original Wal-Mart 6.33 acres. Planning Area Q also includes 1.0 acre for the Fire District Regional Facility as required by the Annexation and Development Agreement. Relocating the school site to Planning Area M and increasing the planning area for the school site by almost 2.0 acres. • Reducing the Community Park from 29.0 acres to 17.4 acres. The loss of useable acreage for the community park is limited to 3.4 acres. The existing topography and steep slopes were not considered in the original planning area designation for the Community Park. Traer Creek LLC has agreed to replace the park area when Memo to Town Council, August 26, 2003 * Page 1 of 2 Ordinance 03-10, VAA Formal PUD Amendment No.1 RMF-1 and RMF-4 are developed. The Village (at Avon) still retains approximately 500 acres of open space. • Increasing Planning Area RMF-1 from 146 residential dwelling units (24.2 acres - 6.Odu/acre) to 307 residential dwelling units (30.7acres - 10.Odu/acre). • Providing a mix of 310 dwelling units on RMF-4, which surrounds the new school site. Planning Area M is specifically excluded in the Village at Avon PUD Guide from the total development rights currently approved. Therefore, this amendment includes the addition of 310 dwelling units (8.Odu/acre) to the previously approved 2,400 dwelling units for the Village (at Avon). Since the additional density is above what has been previously approved, Staff has recommended transit services be required for this development area combined with the school to mitigate the impacts and isolation from the rest of the Town of Avon. A more detailed analysis of the application and compliance with the Town's Zoning code and related regulations of the Village (at Avon) are contained in the Staff Report, dated August 5, 2003. On first reading held at Avon Elementary School on August 12; 2003, Council scheduled this F ormal P UD A mendment N o., 1 f or p ublic h earing. T his w ill b e t he f irst reading o f Ordinance 03-10. Please note: Ordinance 03-10 has been revised to address some of the concerns addressed by Council at the August 12, 2003 meeting. Recommendations Staff recommends approval of Ordinance 03-10 on first reading with the conditions as proposed. Alternatives 1. Approve on First Reading 2. Modify the terms of the Ordinance for approval 3. Deny, Proposed Motion "I move to approve on first reading Ordinance 03-07, Approving Formal PUD Amendment No. 1 for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado." Town Manager Comments Attachments: A. Ordinance 03-10 B. Planning and Zoning Commission Staff Report dated August 5, 2003 C. Planning and Zoning Commission Resolution 03-14 Memo to Town Council, August 26, 2003 Page 2 of 2 Ordinance 03-10, VAA Formal POD Amendment No. 1 TOWN OF AVON ORDINANCE NO. 03-10 SERIES OF 2003 AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO. 1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revision dated July 24, 2003; 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 on June 17, 2003, 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 Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.l to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 26t" day of August, 2003, at which time, the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. 1; 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: F:\Council\Ordinances\2003\Ord 03-10 Village PUD Amendment.rev.doe 1. 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. That the amendment is compatible with the Village (at Avon) PUD Guide and original application premise and the policies as specified by the Town of Avon Comprehensive Plan. 3. That the development standards for The Village (at Avon) PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. 4. That adequate facilities will be available to serve development for the type and scope proposed for each respective planning area upon completion of the subdivision process for the area encompassing Formal PUD Amendment No. 1. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Formal PUD Amendment No. 1 for The Village (at Avon) PUD is approved for RMF-1, RMF-4, Planning Area G (school site), N (Community Park), M (Regional/Commercial), Q_ (Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on RMF4, which consists of a maximum of 310 dwelling units, is in addition to the 2,400 dwelling units currently approved in The Village (at Avon) PM Guide, Section D and the Annexation and Development Agreement recorded November 25, 1998. 2. As part of the final subdivision process, an approved subdivision improvements agreement and provisions for adequate collateral for public improvements consisting of, but not limited to roads, bike paths, sidewalks, and utilities shall be completed prior to any development on Planning Area Q, Planning Area G (school site), RMF-1 and/or RMF-4. 3. A final court decree of adjudicated water rights for the adequate quantity and use along with all related agreements, leases and contracts shall be approved and fully executed for FACounci1\0rdinances\2003\0rd 03-10 Village PUD Amendmentrev.doc the provision of water to Planning Areas G and R IF-4 as a prerequisite of final plat approval. 4. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. The Swift Gulch Road extension shall be collateralized as part of the final subdivision plat prior to any development or grading is commenced north of I-70. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RMF-1. Submit a detailed Park Plan for RMF-1 and RMF-4, in conjunction with subdivision plan submittal that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF-4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1. In the event approval for the proposed alignment is obtained from the Forest Service, then a public road will be required to be collateralized and constructed in accordance with a Subdivision Improvements Agreement prior to the construction of any development on Planning Area G (school site) and/or RMF-4. 7. A continuous ECO trails bike path connection from. Swift Gulch Road to RMF-1, RMF- 4, Q, N and G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town of Avon. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and relocation of the school site to a more remote location. Prior to issuance of any building permit for either RMF-4 or Planning Area G (school site), an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. ,9. In the interest of preserving development opportunities and ensuring the location of the school site, Planning Area G (school site) shall not again be relocated without compliance F:\Council\Ordinances\2003\Ord 03-10 Village PUD Amendment.rev.doc with the procedures for a formal amendment as set forth in the Village (at Avon) PUD Guide, Section H.2 and the Avon Municipal Code, Section 17.20.110K. 10. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 11. This. PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (RMF-1, RMF-4, Planning Area Q, N, and G). 12: Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk FACouncil\0rdinances\2003\0rd 03-10 Village PUD Amendmentrev.doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk FACounci1\0rdinances\2003\0rd 03-10 Village PUD Amendment.rev.doc Memo To: Honorable Mayor and Town Council Thru: Lary Brooks, Town Manager From: Ruth Bome, Director of Community Development Date August 7, 2003 Re: First Reading of Ordinance 03-10, An Ordinance Approving the PUD Amendment for the Village at Avon Development Plan and PUD Guide for Planning Area M (RMF-4), RMF-1, Tract G, Tract N (Community Park), and Open Space 5 and Open Space 13, Town of Avon, Eagle County, Colorado Summary Traer Creek LLC submitted this PUD Amendment for the Village at Avon on May 30, 2003. Several hearings were held by the Planning & Zoning Commission defining and understanding the proposed changes to the development standards and densities for the affected areas, which is limited to modifications to the planning areas located north of the new 1-70 Interstate exchange. On August 5, 2003 (the 4"' public hearing) the Planning & Zoning Commission unanimously recommended approval of the Village at Avon PUD Amendment as set forth in Resolution 03-14. The major highlights of this application include: • Creating an additional 19.2 acres of Regional Commercial (Tract Q) immediately adjacent to the new interstate exchange. This commercial area is divided by Post Blvd. into separate parcels. The east parcel is approximately 7.8 acres and the west side consists of two parcels: 7.8 acres and an additional 3.6 acres. As a frame of reference: Christy Sports is 6.35 acres and Original Wal-Mart 6.33 acres. • Tract Q also includes 1.0 acres for the Fire District Regional Facility as required by the Annexation and Development Agreement. • Relocating the school site to Tract M and increasing the planning area for the school site by almost 2.0 acres. • Reducing the Community Park from 29.0 acres to 17.4 acres. The loss of useable acreage for the community park is limited to 3.4 acres. The existing topography and steep slopes were not considered in the original planning area designation for the Memo to Town Council, August 12, 2003 Page 1 of 2 Ordinance 03-10, VAA PUD Amendment Community Park. Traer Creek LLC has agreed to replace the park area when RMF-1 and RMF-4 are developed. • Increasing Planning Area RMF-1 from 146 residential dwelling units (24.2 acres - 6.Odu/acre) to 307 residential dwelling units (30.7acres -10.Odu/acre). • Providing a mix of 310 dwelling units on Tract M, which surrounds the new school site. Tract M is specifically excluded in the Village at Avon PUD Guide from the total development rights currently approved. Therefore, this amendment includes the addition of 310 dwelling units (8.0du/acre) to the previously approved 2,400 dwelling units for the Village at Avon. Since the additional density is above what has been previously approved, Staff has recommended transit services be required for this development area combined with the school to mitigate the impacts and isolation from the rest of the Town of Avon. A more detailed analysis of the application and compliance with the Town's zoning code and related regulations of the Village at Avon are contained in the Staff Report, dated August 5, 2003. Recommendations Staff recommends approval of Ordinance 03-10 on first reading with the conditions as proposed. Alternatives 1. Approve on First Reading 2. Modify the terms of the Ordinance for approval 3. Deny Proposed Motion "I move to approve on first reading Ordinance 03-07, Approving the PUD Amendment for the Village at Avon Development Plan and PUD Guide for Planning Area M (RMF- 4), RMF-1, G, N (Community Park), and Open Space 5 and Open Space 13, Town of Avon, Eagle County, Colorado Town Manager Comments V Attachments: A. Ordinance 03-10 B. Planning and Zoning Commission Staff Report dated August 5, 2003 C. Planning and Zoning Commission Resolution 03-14 Memo to Town Council, August 12, 2003 Page 2 of 2 Ordinance 03-10, VAA PUD Amendment TOWN OF AVON ORDINANCE NO. 03-10 SERIES OF 2003 AN ORDINANCE APPROVING A PUD AMENDMENT TO THE VILLAGE AT AVON .PUD DEVELOPMENT PLAN AND PUD GUIDE FOR PLANNING.AREA M (RMF4), RMF-1, G, N (COMMUNITY PARK), AND OPEN SPACE 5 AND OPEN SPACE 13, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a PUD Amendment to The Village at Avon Development Plan and PUD Guide to Planning Areas M (RMF-4), RMF-1, G, N (Community Park), and Open Space 5 and Open Space 13 as more specifically described in the application dated May 30, 2003 and subsequent revision dated July 24, 2003; 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 on June 17, 2003, 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 PUD Amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD Amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of . , 2003, at which time the public was given an opportunity to express their opinions regarding the proposed. PUD Amendment; 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: F:\Council\Ordinances\2003\Ord 03-10 Village PUD Amendment 3.doc 1. 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. That the amendment is compatible with the Village at Avon PUD Guide and original application premise and the policies as specified by the Town of Avon Comprehensive Plan. 3. That the development standards for The Village at Avon PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The PUD Amendment for The Village at Avon PUD is approved for Planning Areas M, RMF4, RMF4, Tract G, Tract N (Community Park), and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on Tract M, which consists of 310 dwelling units, is in addition to the 2,400 dwelling units currently approved in the Village at Avon PUD Guide, Section D and the Annexation and Development Agreement recorded November 25, 1998. 2.At such time as development is proposed for Planning Area Q, Tract G, (School site), RMF-1 and/or RMF4, the subdivision process will require adequate funds with the Town to secure public improvements, including but not limited to roads, bike paths, sidewalks, and utilities. 3. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. No development approvals will be issued until the Swift Gulch Road extension is completed. 4. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Area RMF-1. Submit a detailed Park-Plan for P6F=1 and RMF-4, m conjunction with subdivision plan submittal that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will incorporated into the, Subdivision Improvement Agreements. FACouncil\0rdinances\2003\0rd 03-10 Village PUD Amendment Moc 5. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF4 though the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1: In the event the proposed alignment is obtained from the Forest Service, then a sufficient public road will be required to be constructed and secured through a Subdivision Improvements Agreement, and be in place prior to the construction of Planning Area G (school site dedication). 6. A continuous ECO trails bike path connection from Swift Gulch Road to R24F-1, RMF-4, Q, N and G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town of Avon: 7. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and relocation of the school site to a more remote location. The Town will determine the public transit services during the subdivision .process. 8. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 9: This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (RMF-1, RMF-4, Tract Q, Tract N, and Tract G). 10. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day, of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council F:\Council\0rdinances\2003\0rd 03-10 Village PUD Amendment 3.doc Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk F:\Council\0rdinances\2003\0rd 03-10 Village PUD Amendment 3.doc