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TC Council Packet 06-26-2012 Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com HEIL LAW TO: Honorable Mayor Carroll and Town Council Members CC: Patty McKenny , Acting Town Manager; Larry Brooks, Advisor; Matt Pielsticker, Planner II FROM: Eric Heil, Town Attorney RE: Traer Creek LLC Preliminary PUD Amendment Application DATE: June 22, 2012 Summary: Town Council conducted a public hearing for Preliminary PUD review of the Village (at Avon) Planned Unit Development amendment application (“Application”) on June 19, 2012 and took action to continue the public hearing to June 26, 2012 in order to allow preparation of Findings of Fact for Council consideration. Findings of Fact and Record of Decision: Attached is a draft Findings of Fact and Record of Decision for Council consideration. Matt Pielsticker, Planner II; Larry Brooks, Town Advisor; and I jointly worked on the draft Findings of Fact and Record of Decisions based on comments and direction from the June 19, 2012 Avon Town Council meeting. We used our best efforts to document what we believe we heard as comments and direction from Council. The Council can modify the Findings of Fact and/or the decision as may be determined by Council. Version 10 of PUD Guide: The applicant has submitted Version 10 of the PUD Guide (in comparison format to Version 9) which incorporates responses to public comments staff comments, Planning and Zoning Commission comments, and Town Council comments. Version 10 was submitted after business hours on June 21, 2012; therefore, a complete staff review of the changes is not available for the Council packet. However, as a result of discussions with attorneys for the applicant on the morning of June 21, 2012, Town staff encouraged the applicant to submit Version 10 of the PUD Guide which incorporated applicant’s responses so that the public hearing and review on June 26, 2012 could more accurately focus on outstanding and remaining planning issues. The draft Findings of Fact and Record of Decision are intended to incorporate and reflect the changes in Version 10 of the PUD Guide. Presentation: Town staff would like to provide a comprehensive presentation to explain the differences between Version 10 and the current PUD Guide and highlight outstanding planning issues. Continued Public Hearing: The Council must conduct a public hearing on June 26, 2012 prior to taking any action on the Traer Creek LLC Preliminary PUD Application for the Village (at Avon). Thanks, Eric & PLANNING, LLC  TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 1 of 9 AVON TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION FOR THE VILLAGE (AT AVON) The following findings of fact and are made in accordance with Avon Municipal Code Section 7.16.060(e)(3), Reviewing Authority: 1. Settlement Term Sheet. The Avon Town Council approved a Settlement Term Sheet on October 7, 2011, with Traer Creek LLC, Traer Creek Metropolitan District, BNP Paribas, and other parties to the consolidated cases 2008 CV 385 and 2010 CV 316 pending in Eagle County District Court. Implementation of the Settlement Term Sheet included in part the preparation of an application to amend the Village (at Avon) Planned Unit Development Guide and Development Plan in order to implement various terms stated in Schedule 3 of the Settlement Term Sheet. 2. Application Submitted. A preliminary PUD Application (the “Application”), consisting of an Amended Planned Unit Development Guide for the Village (at Avon) (“Amended PUD Guide”), was submitted to the Community Development Department of the Town of Avon (the “Town”) on March 23, 2012 by Harvey Robertson of RMT Architects, representing the owners of the Village (at Avon) property (the “Applicant”). 3. Determination of Completeness. Pursuant to Avon Municipal Code (“AMC”) §7.16.020(c)(1), a determination of completeness was submitted to the Applicant by letter from Matt Pielsticker of the Community Development Department on April 3, 2012, within ten (10) days of the application submittal. The Applicant was informed that items remained outstanding. 4. Town Staff Initial Comments. Town staff provided the Applicant with initial comments on April 27, 2012. A letter from Eric Heil, Town Attorney, provided initial comments regarding title insurance exceptions. Additional comments were provided by Matt Pielsticker of Community Development Department and Justin Hildreth of the Engineering Department. 5. Application Complete. On May 7, 2012 the Application was determined to be complete. 6. Referral to other Agencies. The Amended PUD Guide was referred electronically via the Town’s website, www.avon.org/referral, to other agencies for review and comment on May 8, 2012 pursuant to AMC §7.16.020(c)(2). The following agencies were notified TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 2 of 9 for referral: Eagle County Planning, Eagle County School District, ECO Trails, Eagle River Water & Sanitation District, Eagle River Fire Protection District, United States Forest Service, Department of Transportation, Eagle County Health Service District, Department of Wildlife, Colorado State Land Board, Colorado Geological Survey, Colorado Mountain College, Eagle‐Vail Metropolitan District, Eagle County Sheriff, ECO Transit, Eagle Valley Library District, Upper Eagle Regional Water Authority, Buffalo Ridge Affordable Housing Corporation, Buffalo Ridge II, Xcel Energy, Holy Cross Electric, Comcast, Beaver Creek Metropolitan District, Beaver Creek Property Owners Association, Beaver Creek Resort Company, Vail Resorts, Union Pacific Railroad, and the Public Utilities Commission. Referral comments were due May 29, 2012, twenty (20) days after referral. 7. Staff Comment Letters to Applicant. On May 17, 2012 Matt Pielsticker of the Community Development Department submitted revised Initial Review Comments to the Applicant. On May 21, 2012 Town Engineer Justin Hildreth submitted his second round of comments on behalf of the Engineering Department to the Applicant. 8. Joint Work Session with Town Council. On May 8, 2012 Planning and Zoning Commission (“PZC”) and the Town Council held a joint work session for an introductory presentation of the Amended PUD Guide and the Consolidated Amended and Restated Annexation and Development Agreement and overview of the review schedule. Version 8 of the Amended PUD Guide was submitted to both bodies at the May 8, 2012 meeting. 9. Notice of Public Hearing. On May 25, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the June 5, 2012 Planning and Zoning Commission meeting to review the Traer Creek LLC Village (at Avon) Preliminary Planned Unit Development application. 10. Referral Comments Received. Two referral comments were received by the Community Development Department on May 29, 2012, including: A comment letter by Eagle County School District Board signed by President Jeanne McQueeny and a comment letter by Colorado Parks and Wildlife signed by Department Area Wildlife Manager Perry Will. Colorado Parks and Wildlife submitted comments regarding impacts on habitat and wildlife and lack of mitigation measures to reduce the impacts. The Eagle County School District Board submitted comments regarding amendments to the VAA PUD to change the school site dedication requirements. 11. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated June 1, 2012. On May 31, 2012, the Applicant submitted Version 9 of the Amended PUD Guide. Due to the receipt of the Version 9 of the Amended PUD Guide late in the day on May 31, 2012, staff was not able to review the changes in Version 9 and include such changes in the Staff report analysis for the application. At the request of Town staff, the Applicant submitted a memorandum on June 1, 2012 detailing revisions to Version 8 that TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 3 of 9 are reflected in Version 9. The Amended PUD Guide Version 9 was also distributed to Council on June 1, 2012. 12. Preliminary Public Hearing before the Planning and Zoning Commission. On June 5, 2012 the PZC held a public hearing on the Application and reviewed the Application for approximately four (4) hours. The PZC continued the public hearing to June 11, 2012 in order to further review the Application. 13. Applicant Response to Staff Comments. On the morning of June 8, 2012, representatives of the Applicant and Town staff participated in a four (4) hour conference call with the Applicant for the purpose of clarifying, addressing and resolving staff comments. On June 8, 2012 and June 9, 2012 the Applicant submitted memorandums detailing responses to staff comments on Versions 8 and 9. 14. Notice of Public Hearing. On June 8, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the June 19, 2012 Town Council meeting to review the Traer Creek LLC Village (at Avon) Preliminary Planned Unit Development application. 15. Continued Preliminary Public Hearing. On June 11, 2012 the PZC conducted the continued public hearing and continued with further review of the Amended PUD Guide for approximately six (6) hours. At the conclusion of the meeting, PZC noted that PZC was not able to conduct a complete review of the Application but due to the stipulated schedule submitted to the Eagle County District Court, took action to provide recommendations related to Vested Property Rights, School site dedication, Planning Area J, Design Review Board Powers, and Parkland Dedications. The PZC listed sixteen (16) issues that were not addressed given the amount of time afforded. 16. Preliminary Public Hearing with Town Council. On June 19, 2012 the Avon Town Council held a public hearing on the Application and reviewed the Application for approximately five (5) hours. The Council received substantial public input from five (5) members of the public. The Council continued the public hearing to June 26, 2012 in order to further review the Application. 17. Version 10 of PUD Guide. On late June 21, 2012, after business hours, the Town staff received via e-mail Version 10 of the PUD Guide which incorporated numerous revisions as stated in Applicant’s memoranda dated June 8 and June 9 and to incorporate responses to other issues discussed at the Planning and Zoning Commission Public Hearings and discussed at the June 19, 2012 public hearing conducted by the Avon Town Council. Town staff was afforded minimal opportunity to review Version 10 of the PUD Guide prior to the June 22, 2012 time for copying and delivering materials to the Avon Town Council and prior the June 26, 2012 Avon Town Council public hearing. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 4 of 9 18. Continued Preliminary Public Hearing. On June 26, 2012 the Town Council conducted the continued public hearing and continued further review of the Amended PUD Guide. 19. Review Timeframe, Scope of Changes. The Preliminary PUD Review process and schedule has been reduced from the minimum permitted timeframe allowed in the Avon Municipal Code to accommodate the request of the other litigating parties in order to implement the Settlement Term Sheet. The reduced timeframe for review and public hearings has negatively and adversely affected the ability of the Avon Planning and Zoning Commission, the Avon Town Council and the Avon Town staff to conduct a complete and comprehensive review of the Preliminary Planned Unit Development Application. At the same time, the Preliminary Planned Unit Development application presents numerous and comprehensive changes to all aspects of the Village (at Avon) PUD Guide which greatly exceeds the changes contemplated in the Settlement Term Sheet. 20. Implementation of the Settlement Term Sheet. The application proposes many revisions to the existing PUD Guide and PUD Master Plan which would implement matters set forth in Schedule 3 of the Settlement Term Sheet and at the same time proposes numerous changes the existing PUD Guide and PUD Master Plan which are not directly related to implementing matters expressly identified in Schedule 3 of the Settlement Term Sheet. The Avon Town Council finds that further consideration of proposed revisions to the PUD Guide and PUD Master Plan which are not directly related to implementing matters expressly identified in Schedule 3 of the Settlement Term Sheet may be beneficial to the Avon community to the extent such revisions improve the overall quality of the Village (at Avon) PUD and reduce the potential for future conflicts in the interpretation and administration of the Village (at Avon) PUD. 21. Findings of Fact Related to Specific Aspects of the Application. The Town Council has considered the Staff Report from Matt Pielsticker dated June 15, 2012, public comments, applicant testimony, and makes the following Findings of Fact related to specific aspects of the Preliminary PUD Application: A. Extension to Vested Property Rights. The Planning and Zoning Commission recommended approval of a six year extension of vested property rights along with reasons and conditions stated in the PZC Preliminary PUD Findings and Recommendations. B. School Site Dedication. The Application proposes approximately 3.6 acres in Planning Area I (now referred to as Planning Area E) and the remaining approximately 3.7 acres will be satisfied through future conveyance in Planning Area M (now referred to as Planning Area I). Planning Area E is encumbered by numerous utility easements which reduce the useable acreage of the site and which bisect the usable acreage of the site. The Stone Creek Charter School provided correspondence TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 5 of 9 dated June 5, 2012 and June 13, 2012 which states that the utility easements and encumbrances limit the ability of the school to fully utilize the property. The Eagle County School District provided written comments on May 29, 2012 and oral comments objecting to the split school site proposal. The Planning and Zoning Commission recommended that Council not approve the school site dedications as proposed in the application. C. Planning Area N-South. The application proposes changing a portion of the Community Park in existing Planning Area N (Planning Area N-South) situated adjacent to the northwest corner of the I-70/Post Boulevard interchange side from park use to commercial zoning (proposed Planning Area J) to specifically allow hotel/lodging in addition commercial uses such as gas station, convenience retail, restaurant and similar uses. Due to the construction of the Post Boulevard interchange and Swift Gulch road, existing Planning Area N has become bifurcated by Swift Gulch road which negatively impacts the functionality of Planning Area N as a cohesive regional park site. The location of existing Planning Area N-South adjacent to the I-70 interchange reduces the utility and attractiveness of this area for outdoor park uses. The application proposes to relocate the 5.8 acres park land in proposed Planning Area I, J, and/or K to be determined at the discretion of the developer. The Planning and Zoning Commission recommended approval of the change of use of existing Planning Area N-South from park land to commercial in the PZC Preliminary PUD Findings and Recommendations. Version 10 of the PUD Guide proposes minimum standards to address the planning and siting of park lands in proposed Planning Areas I, J, and/or K. D. Hotel Use for Proposed Planning Area J. Existing road and utility infrastructure exists (assuming construction of water storage tank) to support hotel use. Hotel use adjacent to or in close proximity to the I-70/Post Boulevard interchange is likely to be a viable commercial use. Development of Planning Area J is likely to be very visible from I-70, which presents both opportunities for marketability and commercial viability as well as concerns about design and character of the Town of Avon’s primary eastern gateway. E. Road Access to Proposed Planning Area I (current Planning Area M). Planning Area I is currently isolated and surrounding by steep topography, the Eagle River and the Union Pacific Rail Road line. Viable alignments for the construction of a road to access Planning Area I are limited and are complicated by property ownership patterns. Construction of a road across the Forest Service Village Parcel (situated between proposed Planning Area J and proposed Planning Area I) is likely to be highly visible from I-70 and other locations. The amount of cut and fill required for construction of an access road can be reduced by reducing the minimum required road width profile and by constructing a pedestrian/recreation path separately from the road in a manner similar to the Swift Gulch road construction. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 6 of 9 F. Hillside Density (Proposed Planning Areas K and RMF-1). The existing PUD Guide allows for a maximum of 280 residential units to be served off a cul-de-sac. G. Administrative Subdivision Approval. The PUD Guide permits “Superblocks” and potential building massing which may impact adjoining neighborhoods. The Administrative Subdivision approval process does not set forth a procedure or mechanism to notify the general public or permit public hearing or comment by the general public. H. Maximum Commercial Density. Potential impacts of eliminating the maximum commercial density as currently defined in the PUD Guide have not been fully analyzed and are unknown. I. Municipal Code Exceptions – Exhibit G. The application proposes a new Exhibit G which itemizes specific sections of the Avon Municipal Code which do not apply to the Village (at Avon) project. Exhibit G establishes a new regulatory format along with changes to the Vested Property Rights language and the change to utilize the Avon Municipal Code as exists on the “Effective Date” as defined in the CARADA. The full extent and effect of selective exemptions from sections of the Avon Municipal is not currently understood. The necessity of specifically exempting specific sections of the Avon Municipal Code is also not understood. The duration of the proposed exemptions and the applicability of amendments to the Avon Municipal Code or regulations of general applicability to the Village (at Avon) is also not understood. J. Procedural Modifications and Public Review. The application proposes significant changes to the review procedures and ability of the general public to receive notice of various development applications and have the opportunity to comment. At the same time, the application proposes significant greater flexibility in land uses throughout the Project. Due process is an essential right of the residents and property owners of Avon, including noticed hearings allowing for an informed public to provide input to decision makers. Appropriate opportunities for public awareness and participation in the development application review process often result in identifying potential negative impacts of specific development proposes and potential conflicts between land uses and promotes compatibility between land uses. K. Buffering. Changes in the permitted uses to allow additional commercial uses and expanded commercial uses in Planning Areas A, C, D and F may create additional adverse impacts to adjoining neighborhoods. L. Water Allocation Calculation and Tracking. The water rights are described as Single Family Equivalent, which does not conform with the description of consumptive use credits in the Traer Creek Water Storage Tank Agreement, 1997 Water Service Agreement, and the 1999 First Amendment to Water Service and Tap TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 7 of 9 Fee Agreement. The proposed on-going control and approval of water rights allocation by the Master Developer presents unique implications for the administration of the build-out of the Project. M. Wildlife Mitigation Plan. The Town received comments from Colorado Parks & Wildlife which may not accurately assess the potential wildlife impacts of the application. The applicant has proposed revisions in Version 10 of the PUD Guide to further define maximum building envelopes for Planning Area K. N. Master Developer. The definition, role and duration of the “Master Developer” presents long term changes from the current PUD Guide, which changes are not fully understood. O. Subdivision. The application proposes significant changes to the applicable subdivision review criteria and procedures. BASED ON THE FINDINGS OF FACT STATED HEREIN AND BASED ON THE REVIEW CRITERIA SET FORTH IN AVON MUNICIPAL CODE §7.16.060(E)(4), THE AVON TOWN COUNCIL HEREBY APPROVES THE PRELIMINARY PLANNED UNIT DEVELOPMENT APPLICATION WITH THE FOLLOWING CONDITIONS: 1. In accordance with AMC Section 17.16.060(e)(3) the approval of the Village (at Avon) Preliminary Planned Unit Development application shall vest no rights to the applicant other than the right to submit a final PUD development plan. 2. The final PUD development plan application shall be submitted in a complete form to the Town staff at least one week prior to the Thursday noon deadline for meeting packet for the Planning and Zoning Commission to allow the Town staff adequate time to prepare a complete and comprehensive staff report. 3. The application shall be revised to eliminate any changes which reduce the public review process for all development applications. 4. The application shall be revised to propose an appropriate opportunity for public notice and comment for administrative subdivisions for Planning Areas A, B, C, D, E, F and J. 5. The application shall be revised to eliminate the administrative subdivision process for Planning Areas K, I and RMF-1. 6. The application shall be revised to eliminate the language regarding water rights tracking and allocation and water rights tracking and allocation shall be addressed in the CARADA. 7. The application shall be revised to conform with the terms in the CARADA where necessary and appropriate. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 8 of 9 8. Planning and Zoning Commission shall be afforded the entire minimum 35 day timeframe from the initial public hearing on Final PUD review as set forth in AMC Section 7.16.020(e) to provide a complete recommendation to the Avon Town Council. 9. The Planning and Zoning Commission shall specifically review and provide recommendations on the following matters: a. The effect of revisions to the Vested Property Rights language; the effect of restricting the ability of the Town to apply future amendments of the Avon Municipal Code to the Project; the effect, interpretation and consistency of exempting selected sections of the Avon Municipal Code to the Project as set forth in Exhibit G; and the effect of adopting definitions which replace or supplement definitions in the Avon Municipal Code. b. The effect of changes to the public review process for all development applications in the Village (at Avon). c. The effect of any changes to the scope and authority of the Design Review Board. d. The effect of general changes to the description of use categories for all Planning Areas. e. The specific effect of adding new uses to Planning Areas. f. The impact of proposed revisions on existing neighborhoods adjacent to the Project and the effectiveness of any proposed development standards or other methods to mitigate potential negative effects with particular regard to establishing or maintain effective buffers between incompatible uses. g. Planning considerations related to eliminating the residential density for proposed Planning Area I. h. Planning considerations related to the access road to proposed Planning Area I including minimum road development and design standards. i. Planning considerations related to changes the minimum and maximum required percentage mix of residential and commercial uses within Planning Areas A, C, D and F. j. The effectiveness of existing and proposed procedures and development standards to address potential conflicts and impacts of various land uses internally within the Project which may arise from proposed revisions to uses. k. The size, shape, location, access and other site characteristics of Planning Area B as relates to its intended use, including the size and use of water features and/or impoundment areas. TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012 Page 9 of 9 l. The effect of proposed revisions and clarifications to address wildlife impacts. Proposed revisions and clarifications shall be forwarded to the Colorado Department of Wildlife for additional comment and review provided that such referral shall not extend or delay the time frame for review by the Planning and Zoning Commission. m. The current and projected capacity of the Eagle County School District and the projected student generation from the Project shall be further analyzed and considered. n. The impact of utility easements and other encumbrances on the usability of Planning Area E and any potential safety issues which arise from the presence of gas utilities. o. The effect of the definition and authority of the Master Developer. p. The effect of water rights allocation and method of tracking and accounting. q. The effect of proposed changes to the definition of residential unit and resident uses for proposed Planning Area K as relates to the total potential traffic impact and emergency vehicle access for development served by a cul-de-sac. r. Planning considerations related to dedication of Open Space Tracts OS-9 and OS-10. s. Planning considerations related to the proposed hotel building height of 135’ for Planning Area A and Planning Area I. t. Planning considerations related to the reduced minimum width of current East Beaver Creek Boulevard (proposed “Main Street”). u. Planning considerations related to monument signage. 10. The Planning and Zoning Commission shall review and provide recommendations on such other matters as deemed appropriate during Final PUD Review pursuant to the role, duties and review criteria established in the Avon Municipal Code. 11. The Avon Town Council expressly reserves the right to review any and all aspects of the application for compliance with the applicable review criteria for final PUD review. APPROVED BY THE AVON TOWN COUNCIL BY A VOTE OF ______ IN FAVOR AND ______ OPPOSED on the 26th day of June, 2012. By:________________________________ Attest:____________________________________ Rich Carroll, Mayor Catherine Mythen, Deputy Town Clerk 999369.9999369.10 The Village (at Avon) Amended and Restated PUD Guide TABLE OF CONTENTS Page 999369.9999369.10 -i- A. PURPOSE/GENERAL PROVISIONS .............................................................................. 1 1. Defined Terms ....................................................................................................... 1 2. Purpose ................................................................................................................... 1 3. Vested Property Rights .......................................................................................... 2 4. General Provisions ................................................................................................. 3 5. Applicability of Other Regulations ........................................................................ 5 6. Conflict .................................................................................................................. 6 B. TOTAL PERMITTED DENSITY ..................................................................................... 6 1. Commercial and Industrial Uses ............................................................................ 6 2. Dwelling Units ..................................................................................................... 67 C. WATER ALLOCATION CALCULATION AND TRACKING .................................... 67 1. General ................................................................................................................. 67 2. Allocation of Water; Limitation on Development ................................................. 7 3. Water Rights Master List ..................................................................................... 78 4. Return of Water to Water Bank ........................................................................... 78 D. GENERAL LAND USE DESIGNATIONS ...................................................................... 8 1. Designations ........................................................................................................... 8 2. Permitted Uses ..................................................................................................... 89 E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD .......... 89 1. General ................................................................................................................. 89 2. Planning Area A - Village Center Mixed Use Project ........................................... 9 3. Planning Area B -Community Facilities .......................................................... 1213 4. Planning Areas C and D - Village Residential Mixed Use Projects ................ 1314 5. Planning Area E - School ................................................................................. 1718 6. Planning Areas F, G, H and I – Regional Commercial Mixed Use Projects ... 1819 7. Planning Area J – Regional/Neighborhood Commercial and Residential Mixed Use Projects .......................................................................................... 2324 8. Planning Area K - Hillside Residential ............................................................ 2527 9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family ..................... 2729 10. Planning Areas P1-P43: Parkland ................................................................... 3032 TABLE OF CONTENTS (continued) Page 999369.9999369.10 -ii- 11. Planning Areas OS1 – 0S67: Natural Open Space ......................................... 3133 12. Planning Areas PF-1 – PF-3: Public Facility ................................................. 3335 F. SPECIAL REVIEW USE ............................................................................................ 3537 1. Special Review Use Permit .............................................................................. 3537 2. Application Filing and Processing ................................................................... 3537 3. Submittal Requirements for Special Review Use ............................................ 3638 4. Condition Precedent to Town Approval .......................................................... 3638 5. Criteria for Review, Recommendation, and Approval of Special Review Uses .................................................................................................................. 3638 6. Amendments to Special Review Use Permit ................................................... 3739 G. TEMPORARY USES AND STRUCTURES .............................................................. 3739 1. Temporary Use Permit ..................................................................................... 3739 2. Condition Precedent to Town Approval .......................................................... 3840 3. Application Filing and Processing ................................................................... 3840 H. SUBDIVISION ............................................................................................................ 3840 1. Multiple Buildings on Single Lot or Superblock ............................................. 3840 2. Administrative Subdivision Process ............................................................... 38 40 I. DEVELOPMENT PLAN AMENDMENT PROCEDURES ...................................... 4246 1. General ............................................................................................................. 4246 2. Formal Amendments ........................................................................................ 4247 3. Administrative Amendments ........................................................................... 4347 4. Modifications Not Requiring Amendment ...................................................... 4549 J. SUPPLEMENTAL REGULATIONS ......................................................................... 4550 1. Interim Uses ..................................................................................................... 4550 2. Fireplace Regulations........................................................................................ 463. Signs 4751 3. Parking Requirements .......................................................................................... 51 4. Surface Parking Landscaping Requirements ................................................... 4751 5. Surface Parking LandscapingDrainage Requirements..................................... 4851 6. Drainage Requirements ..................................................................................... 487. Sidewalk and Trail Standards 52 7. Alternative Equivalent Compliance and Trail Standards.................................. 488. Other Variances 4852 TABLE OF CONTENTS (continued) Page 999369.9999369.10 -iii- 9. Supplemental Design Requirements ..................................................... 49Standards 53 10. Modifications to Building Envelopes .................................................................. 49 10 Wildlife Mitigation Plan ...................................................................................... 53 11. Wildlife Mitigation Plan ........................................... 50Design Review Guidelines 53 12. Design Review Guidelines ...................................... 50Natural Resource Protection 54 13. Stream Setback Provisions .............................................................................. 5014. Residential Fire Suppression Systems 5154 15. 14. Park, Recreation and Trail Access ................................................................... 5154 16. 15. Affordable Housing Plan ................................................................................. 5155 17. 16. Provision of Certain Amenities ........................................................................ 5356 EXHIBIT A Legal Description ............................................................................................... A-1 EXHIBIT B PUD Master Plan ............................................................................................... B-1 EXHIBIT C The Village (at Avon) Parking Regulations....................................................... C-1 EXHIBIT D Wildlife Mitigation Plan .................................................................................... D-1 EXHIBIT E Minimum Design Guideline Standards ............................................................... E-1 EXHIBIT F Street Standards .................................................................................................. F-1 EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD.................................................................................................................... G-1 EXHIBIT H Referenced Development Code Sections ........................................................... H-1 EXHIBIT I Definitions............................................................................................................ I-1 999369.9999369.10 The Village (at Avon) Restated A. PURPOSE/GENERAL PROVISIONS. 1. Defined Terms. Initially capitalized words and phrases used in the PUD Guide have the meanings set forth in Exhibit I of this PUD Guide. 2. Purpose. (a) The Village (at Avon) PUD encompasses the Property, which is a large parcel of land under unified development control of the Master Developer (together with and on behalf of the Developer Affiliates) as of the Effective Date, and is suitable for creation of a Planned Unit Development (PUD) and development of the Property in accordance therewith in accordance with applicable state law and Town policies and regulations. (b) In accordance with the terms and conditions of that certain SETTLEMENT TERM SHEET made and entered into the 7th day of October, 2011, by and between the Town of Avon, BNP Paribas, Traer Creek Metropolitan District, Traer Creek LLC, Traer Creek-RP LLC, Traer Creek Plaza LLC, EMD Limited Liability Company, Traer Creek-HD LLC, and Traer Creek-WMT LLC (the “Settlement Term Sheet”), the Town’s final non-appealable approval of this PUD Guide establishes and implements specific terms and conditions of the Settlement Term Sheet and shall be binding on all parties to the Settlement Term Sheet. (c) The Original PUD Guide previously was amended by and includes (collectively, the “Prior Amendments”): (i) PUD Development Plan Administrative Amendment No. 1 (amending the PUD Master Plan only), dated May 21, 2001, and recorded in the real property records of Eagle County, Colorado, on July 31, 2001 at Reception No. 763439. (ii) PUD Guide Administrative Amendment No. 2, dated February 13, 2002, and recorded in the real property records of Eagle County, Colorado, on February 29, 2002 at Reception No. 786254. 999369.9999369.10 2 (iii) PUD Guide Administrative Amendment No. 3, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2001 at Reception No. 795806. (iv) PUD Guide Administrative Amendment No. 4, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2002 at Reception No. 795805. (v) Formal Amendment Number One to The Village (at Avon) PUD Guide, dated January 25, 2007, and recorded in the real property records of Eagle County, Colorado, on March 2, 2007 at Reception No. 200705491. (d) The purpose of this PUD Guide is to amend and restate in its entirety the original PUD Guide, including the incorporation into a single document of the Prior Amendments and the amendments contemplated in the Settlement Term Sheet, for ease of reference and to implement the terms and conditions of the Settlement Term Sheet. Accordingly, this PUD Guide expressly supersedes any additional or conflicting provisions of the Municipal Code and sets forth the sole and exclusive approved zoning; land Uses; type, density and intensity of Use; and Development Standards applicable within The Village (at Avon) PUD. 3. Vested Property Rights. (a) The Original PUD Guide, together with other elements of the Development Plan and related development approvals, was a Site Specific Development Plan as defined in the Vested Property Rights Statute and the Town’s then-current Vested Property Rights Regulations (i.e., Section 17.14.100 of the Municipal Code as in effect on October 13, 1998), pursuant to which the Town granted Vested Property Rights with respect to such Site Specific Development Plans for a term of 35 years from the Original Effective Date. Consistent with the foregoing and in implementation of the Settlement Term Sheet, this PUD Guide ratifies the Vested Property Rights originally granted and extends the term of such Vested Property Rights (including with respect to future amendments to any such Site Specific Development Plan) through and including December 31,October 20, 2039. (b) Individually and collectively, the Development Plan, the approved Sketch Plan and any Preliminary Plans and (and each constituent element thereof) together with any Final PlatsPlat approved by the Town as a Site Specific Development Plan subsequent to the Original Effective Date, and any amendments to any of the foregoing approved prior or subsequent to the Effective Date, constitute an approved Site Specific Development Plan as defined in and authorized by the Vested Property Rights Statute and Section ___ of the Development Agreement. Accordingly, Master Developer, the Developer Affiliates and other Landowners within The Village (at Avon) PUD shall have Vested Property Rights to the full extent of the Vested Property Rights Statute to undertake and complete development and use of the Property as provided in the Development Plan and related Site Specific Development Plans, which rights shall be and remain vested for the duration of the Vesting Term set forth in Section ____ of the Development Agreement. 999369.9999369.10 3 (c) Notwithstanding any additional or contrary provision of the Municipal Code, including but not limited to the Vested Property Rights Regulations, the term of the Vested Property Rights with respect to such Site Specific Development Plans (or amendments thereto) shall not expire, be deemed forfeited, or otherwise limited or impaired prior to January 1, 2040.October 21, 2039. Without limiting the generality of the foregoing, approval of any future amendment to this PUD Guide, the PUD Master Plan, the Development Agreement or to any other Site Specific Development Plan approved with respect to the Property shall not be conditioned on or be made subject to the Applicant’s, Landowner’s or Master Developer’s consent to a Vested Property Rights term of any duration shorter than the then-remaining Vested Property Rights term as set forth above, and the scope of Vested Property Rights established herein specifically includes the Vested Property Right for such amendments to be and remain vested through and including December 31,October 20, 2039. 4. General Provisions. (a) Control Over Use, Location and Bulk. From and after the Effective Date, and subject to compliance with the Development Standards set forth in the Development Plan for the affected Planning Area and any additional or more restrictive standards and requirements set forth in the Design Review Guidelines or the Design Covenant: (i) Any new Building or Structure, and any parcel of land or Site, may be used; and (ii) The Use of any existing Building, Structure, parcel of land or Site may be changed or extended; and (iii) The Design Review Board shall, in conformance with the Development Plan, establish the final Use and final location and bulk of all future Buildings, Structures and improvements; and (iv) Any existing Building or Structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose or Use permitted or required by the provisions of this PUD Guide that is applicable to the Site in which such Building, Structure, Site or parcel of land is located, and for no other purposes or Uses. (b) Incorporation of PUD Master Plan. The PUD Master Plan, together with everything shown thereon and all amendments thereto approved by the Town subsequent to the Effective Date, is hereby incorporated by reference into this PUD Guide as Exhibit B. Collectively, this PUD Guide, the PUD Master Plan and the Development Agreement are referred to herein as the “Development Plan.” (c) Design Covenant. The Property is encumbered by and subject to the Design Covenant, which shall govern matters related to the use and development of all or any part of the Property. Where any conflict between the Design Covenant and the Development Plan may occur, the more restrictive provision shall govern. (d) Design Review Board. As contemplated by the Design Covenant, the Design Review Board has been organized to administer and enforce the Design Covenant and 999369.9999369.10 4 Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board shall have authority to review and approve the use and development of all or any part of the Property. Without limiting the generality of the foregoing, the Design Review Board has authority to approve or deny (i) any Use within the Property, including without limitation, Uses by Right, Special Review Uses, Temporary Uses and, as applicable, Interim Uses; and (ii) an y Building, Structure or improvement within the Property. The Town’s approval of any Application within the Property for development of a Use or Site is conditioned upon the Town’s prior receipt of a certificate of approval executed by the President of the Design Review Board. (e) Design Review Guidelines. Pursuant to the Design Covenant, Design Review Board has prepared, approved and promulgated the Design Review Guidelines to supplement and complement this PUD Guide. Where any conflict may occur between the Design Review Guidelines and the Development Plan, the more restrictive provision shall govern. (f) Planning Areas and Boundaries, Road Alignments, Lot Lines (i) (f) Planning Areas and Boundaries, Road Alignments, Lot Lines The street and road alignments depicted on the PUD Master Plan are either designated thereon as either permanent, temporary (not permanent and intended to be replaced in the future) or conceptual alignments. UntilNotwithstanding any contrary provision of this PUD Guide, until such time as made permanent or temporary in connection with an approved Final Platand executed Public Improvements Agreement, the conceptual alignments are non-binding and provided only for illustrative purposes to show one of various potential alignments, general circulation patterns, vehicular ingress and egress to and from Planning Areas and traffic connectivity to adjacent property outside of the Property. The alignment of future temporary and permanent streets shall be subject to review and approval by the Town in connection with subdividing the applicable portion of the Property and submittal by the Applicant of engineered road design plans, as set forth in Section H of this PUD Guide. Planning Area boundaries shall be construed as follows: (i) whenever a Planning Area abuts an exterior boundary of the Property, the Planning Area shall be construed to coincide with such exterior boundary of the Property; (ii) wherever a street abuts a Planning Area as shown in the PUD Master Plan, the Planning Area boundary shall be construed to coincide with the center line of such abutting street; and (iii) wherever a Planning Area contains or otherwise does not abut a street or the exterior boundary of the Property, the Planning Area boundary shall be as shown in the PUD Master Plan., and such Applicant shall be required to submit engineered road design plans for, and shall be required to construct, only the portion of a street that is necessary to serve the phase and property subject to the applicable Application. Notwithstanding the foregoing, if such street shall, in connection with future development of the Project, extend and continue further than such phase and property subject to the Application and connect to existing or future planned street(s), such Applicant shall submit as a part of its Application Preliminary Engineering for the planned extension and continuation of the subject street. (ii) Planning Area boundaries shall be construed as follows: (i) whenever a Planning Area abuts an exterior boundary of the Property, the Planning Area 999369.9999369.10 5 shall be construed to coincide with such exterior boundary of the Property; (ii) wherever a street abuts a Planning Area as shown in the PUD Master Plan, the Planning Area boundary shall be construed to coincide with the center line of such abutting street; and (iii) wherever a Planning Area contains or otherwise does not abut a street or the exterior boundary of the Property, the Planning Area boundary shall be as shown in the PUD Master Plan. (g) Issuance of Building Permits; Design Review Board Certification. (i) Provided an Application for issuance of a building permit (or grading permit, etc.) complies with the Town’s Building Code (as defined in the Development Code) and the Development Plan, the Town shall issue such building permit (or grading permit, etc.) for any construction, improvements or alterations of a Building, Structure or other form of development requiring a building permit (or grading permit, etc.) for which the plans, specifications and details have been reviewed and approved by the Design Review Board as defined herein. A certificate of approval executed by the President of the Design Review Board shall be affixed to the plans and specifications made a part of each building permit, grading permit, temporary certificate of occupancy, permanent certificate of occupancy, etc. Application prior to the Town’s approval thereof. To facilitate efficient review and approval of building permits (grading permits, etc.), the Town’s building department may accept for processing a building permit (or grading permit, etc.) concurrently with such Applicant’s submittal of plans, specifications and details to the Design Review Board for review and approval of such permit; provided, however, the Town shall not approve any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy unless a certificate of Design Review Board approval is affixed thereto as required by this Section A.4(g)(i), such issued certification of Design Review Board approval being an express condition precedent to the Town’s approval of any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy. (ii) Additionally, the Design Review Board certification shall affirmatively state the Design Review Board’s confirmation, and the Director shall confirm, an Application’s compliance with: (1) the supplemental design and improvement standards set forth in Section J.98 prior to issuing a building permit for construction of a Building designated for Hotel, Motel and Lodging Uses within Planning Area J. (2) the supplemental design standards for signs set forth in Section J.92 prior to issuing a building permit for construction of off-site monumentation within Planning Area RMF-2.Areas A, C, J and OS3, and Tract B, Final Plat Village (at Avon) Filing 2 (a portion of Planning Area RMF-2). 5. Applicability of Other Regulations. (a) General. Except as otherwise expressly provided in the Development Plan, the establishment of Vested Property Rights pursuant to the Development Plan shall not 999369.9999369.10 6 preclude the application on a uniform and non-discriminatory basis of Town regulations of general applicability to other large-scale master-planned mixed-use development projects within the Towndevelopers in the Town on a uniform, non-discriminatory and consistent basis (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations), and subject only to the exactions and requirements set forth in the Development Plan and any other approved Site Specific Development Plans or the application of state or federal regulations, as all of such regulations existed on the Original Effective Date or may be enacted or amended after the Original Effective Date; provided, however that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Master Developer’s, Developer Affiliates’ or other Landowners’ substantive or procedural rights set forth in the Development Agreement, this PUD Guide, the PUD Master Plan or any approved Preliminary Plan or Final Plat for any portion of the Property. Neither Master Developer, Developer Affiliates nor any Landowner waive their right to oppose the enactment or amendment of any such regulations. (b) Modifications and Exceptions. Pursuant to the supplemental regulations set forth in Section J of this PUD Guide, certain provisions of the Municipal Code either are superseded in their entirety by this PUD Guide or apply within The Village (at Avon) but are subject to the modifications set forth in such supplemental regulations. Additionally, the provisions of the Municipal Code which are set forth in Exhibit G of this PUD Guide are, without limiting any other present or future regulations or provisions of the Municipal Code which have similar effect from being similarly excepted, specifically identified as provisions that directly or indirectly have the effect of adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting Master Developer’s, Developer Affiliates’ or other Landowners’ rights (whether Vested Property Rights or other right) set forth in the Development Agreement, this PUD Guide, the PUD Master Plan or any approved Preliminary Plan or Final Plat for any portion of the Property, and therefore shall not be applicable within The Village (at Avon) PUD. 6. Conflict. The Development Standards and other terms, conditions and criteria set forth in the Development Plan shall prevail and govern the development of The Village (at Avon). Where the Development Plan does not address a specific subject, the applicable provisions of the Municipal Code shall, to the extent such Municipal Code provisions are not in conflict or otherwise inconsistent with any provision of the Development Plan, control the development of The Village (at Avon). Additionally, application of such Municipal Code provisions shall not directly or indirectly have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying, or otherwise adversely affecting any of Master Developer’s, Developer Affiliates’ or other Landowners’ Vested Property Rights set forth in the Development Plan. Provisions of the Design Review Guidelines which are more restrictive than either the Development Plan or the Municipal Code shall prevail in any instance where there is a conflict. In interpreting the intended effect of this subsection A.6, the Town acknowledges that the Development Plan and the Development Standards are intended to address all potential development standards applicable within The Village (at Avon). Accordingly, the Town shall apply that interpretation which gives the broadest reasonable effect to the Development Standards and the Development Plan, and that gives the narrowest reasonable 999369.9999369.10 7 effect to any provision of the Municipal Code which explicitly or implicitly could be construed to conflict with or limit the development rights established by the Development Standards and the Development Plan. For ease of reference only, excerpts of the Development Code expressly referenced in this PUD Guide are attached as Exhibit H to this PUD Guide, provided that such excerpts are not and shall not be construed to be substantive provisions of this PUD Guide. B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at Avon) PUD shall not exceed: 1. Commercial and Industrial Uses. No stated maximum density, it being the intent that the functional limit on development of Commercial Uses and Industrial Uses shall be determined by compliance with the applicable Building Envelope requirements for each Planning Area as set forth in this PUD Guide. 2. Dwelling Units. No stated maximum density,2,400 Dwelling Units (excluding Planning Area I), provided that, subject to compliance with the total permitted density of 2,400 Dwelling Units for The Village (at Avon) for all Planning Areas excluding Planning Area I, there shall be no maximum density on a Planning Area by Planning Area basis except as otherwise expressly provided in this PUD Guide with respect to Planning Areas K and RMF-1, it being the intent that the functional Planning Area by Planning Area limit on development of Residential Uses shall be determined by compliance with the applicable Building Envelope requirements for each Planning Area as set forth in this PUD Guide, and, with respect to Planning Area K, as Dwelling Units within Planning Area I shall not count toward the total permitted density of 2,400 Dwelling Units and there shall be no maximum density regarding Residential Uses on Planning Area I. C. WATER ALLOCATION CALCULATION AND TRACKING. 1. General. Certain water rights have been conveyed to the Upper Eagle Regional Water Authority (“UERWA”) to be used in connection with the development of the Project and to serve Uses within The Village (at Avon). The amount of the water rights conveyed has been calculated based upon the application of a single-family equivalent (“SFE”) as set forth in that certain Traer Creek Water Storage and Water Service Agreement entered by, among other parties, the Town, the Master Developer and UERWA, dated effective as of ___________, 2012. The total amount of such conveyed water rights is 2,800 SFE, and, accordingly, 2,800 SFE (the “Water Rights”) are allocated to serve development within The Village (at Avon) PUD (the “Water Bank”). 2. Allocation of Water; Limitation on Development. The Master Developer shall, in a written notice to the Town, designate the amount of the Water Rights then-available in the Water Bank that the Master Developer allocates to serve a Final Plat or Site (or applicable portion thereof) within The Village (at Avon) PUD. Such allocation shall occur at the time of Final Plat approval; provided, however, if the Final Plat approval is for a Superblock Site, the allocation of Water Rights shall be made at the time of the Town’s approval of a building permit for the applicable development within the Superblock. If the amount of allocated Water Rights is insufficient to serve the Uses(s) contemplated by the Final Plat or building permit, as applicable, the applicable Applicant shall dedicate, or cause to be dedicated, additional water (or pay 999369.9999369.10 8 applicable fees-in-lieu of water dedication) in full satisfaction of the required SFE, and such dedication or payment of fees-in-lieu shall be a condition precedent to the Town’s recording of the applicable Final Plat or issuance of the applicable building permit. Development of the entirety of The Village (at Avon) as contemplated by the Development Plan may require in excess of 2,800 SFE to serve such development. The Town shall have no obligation to record a Final Plat or issue a building permit within the Village (at Avon) PUD unless the requisite amount of water to serve the Use(s) contemplated by such Final Plat or such building permit, as applicable, is available to serve the same through one or any combination of the following: (i) allocation by the Master Developer of a portion or all of the Water Rights in the Water Bank then-available for allocation; (ii) dedication of water by or on behalf of the applicable Applicant; and (iii) payment of fees-in-lieu of water dedication by the applicable Applicant. 3. Water Rights Master List. The Master Developer and the Town shall coordinate to develop and maintain a master list of the Water Rights, which shall include information describing each allocation by Master Developer of Water Rights (in SFE) to serve a Final Plat, Site or individual development within a Site, as applicable, and the amount of outst anding and un-allocated Water Rights (in SFE) available in the Water Bank from time to time for allocation to serve future development within The Village (at Avon) PUD (the “Master List”). The Master Developer and the Town shall coordinate to update the Master List contemporaneously with each allocation of Water Rights by the Master Developer based upon the amount of Water Rights (in SFE) allocated pursuant to the Master Developer’s written notice of allocation in accordance with subsection 2 above. 4. Return of Water to Water Bank. If the amount of Water Rights allocated by the Master Developer for any particular Final Plat, Site (or portion thereof) or Use exceeds the amount of water actually required to serve such Final Plat, Site (or portion thereof) or Use based upon actual development and final build-out thereof, the excess and unused SFE shall be returned to the Water Bank and the Master Developer and the Town shall coordinate to update the Master List accordingly. Any such excess and unused SFE so returned to the Water Bank shall be available for allocation by the Master Developer to serve The Village (at Avon) in accordance with this Section C as though such Water Rights previously had not been allocated from the Water Bank to serve development within The Village (at Avon). D. GENERAL LAND USE DESIGNATIONS. 1. Designations. The following list identifies Planning Areas within The Village (at Avon) PUD and their respective general land use designations: (a) Planning Area A: Village Center Mixed-Use Projects (b) Planning Area B: Community Facilities (c) Planning Areas C and D: Village Residential Mixed-Use Projects (d) Planning Area E: School (e) Planning Areas F, G, H and I: Regional Commercial Mixed Use Projects 999369.9999369.10 9 (f) Planning Area J: Regional/Neighborhood Commercial and Residential Mixed Use Projects (g) Planning Area K: Hillside Residential (h) Planning Areas RMF-1 and RMF-2: Multi-Family Residential (i) Planning Areas OS1 through OS7, inclusive: Natural Open Space (j) Planning Areas P1 through P3, inclusive: Parkland (k) Planning Areas PF-1 through PF-3, inclusive: Public Facilities 2. Permitted Uses. Notwithstanding the generality of the foregoing land use designations, Uses and Use Categories permitted within each Planning Area are set forth in Section E (Development Standards), Section G (Temporary Uses and Structures) and Section J (Supplemental Regulations) of this PUD Guide, and certain of such Uses and Use Categories are defined in Exhibit I of this PUD Guide. E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD. 1. General. (a) The following Development Standards shall govern development of the referenced Planning Areas. Uses permitted within The Village (at Avon) include all Use Categories and all Uses within each Use Category, together with Accessory Uses, Primary Structures and Accessory Structures relating to such Uses. Within each individual Planning Area, such Uses are designated as Uses by Right, Special Review Uses or Excluded Uses. A Use by Right within a particular Planning Area includes all Uses within the specified Use Category except to the extent specifically designated as a Special Review Use or an Excluded Use. (b) Where particular Uses within a Use Category are listed as Uses by Right within a particular Planning Area and the Use Category also is listed as a Use by Right, such particularly listed Uses shall be construed as examples and clarifications of the Use Category and not as limitations on other Uses within the Use Category being developed as Uses by Right. Where particular Uses within a Use Category are listed as Uses by Right with a particular Planning Area but the Use Category is not listed as a Use by Right, such particularly listed Uses shall be construed as Uses by Right that are exceptions to the Use Category itself not being a Use by Right. (c) Temporary Uses may be permitted on a case by case basis, even though such Uses otherwise may be within a Use Category that is not permitted within the applicable Planning Area. (d) All Uses, Buildings and Structures within The Village (at Avon) PUD are subject the Design Review Guidelines, the Design Covenant, and prior written approval of the Design Review Board. For the avoidance of doubt, except as expressly set forth in this PUD 999369.9999369.10 10 Guide, the Town shall have no jurisdiction over design review with respect to The Village (at Avon). 2. Planning Area A - Village Center Mixed Use Project. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.2(b) below or specifically excluded in Section E.2(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses; provided, however, no single retail business shall occupy more than 65,000 of consolidated Gross Square Footage. (ii) Animal Boarding (excluding outdoor Animal Boarding), as an Accessory Use to another Commercial Use only, and subject to review and written approval by the Design Review Board authorizing such Use. (iii) Kennels (excluding outdoor Kennels), as an Accessory Use to another Commercial Use only, and subject to review and written approval by the Design Review Board authorizing such Use. (iv) Residential Uses. (v) Mixed Use Projects; provided, however, (a) no Uses specifically excluded in Section E.2(c) below shall be included in such Mixed Use Project, (b) no Uses specifically identified as Special Review Uses in Section E.2(b) below shall be included except pursuant to the review and approval processes set forth in Section F below, and (c) Light Industrial Use(s) are subject to the limitation set forth in subsection (vib)(ii) above. (vi) Light Industrial Uses; provided, however, such Use must be developed as part of a Mixed Use Project which includes Commercial Use(s).below. (vi) (vii) Educational facilities including, but not limited to public and private schools, universities, and colleges. (vii) (viii) Cabled Telecommunications Equipment, Cabled Telecommunications Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use). (viii) (ix) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use). (ix) (x) Dry Utilities (subject to review and written approval by the Design Review Board authorizing such Use). 999369.9999369.10 11 (x) (xi) Infrastructure. (xi) (xii) Indoor recreation and/or entertainment facilities. (xii) (xiii) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xiii) (xiv) Parks and Open Space. (xiv) (xv) Tramways, gondolas and lifts. (xv) (xvi) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (xvi) (xvii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (xvii) (xviii) Agricultural Use (as an Interim Use only). (xviii) (xix) Rodeo and ancillary carnival (as an Interim Use only). (xix) (xx) Recycling Facility (as an Interim Use only). (xx) (xxi) Snow storage (as an Interim Use only). (xxi) (xxii) Mobile Home office/storage Use (as an Interim Use only). (xxii) (xxiii) Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales, not to exceed 60 days in the aggregate in a calendar year (as an Interim Use), provided that such Use exceeding 60 days in the aggregate in a calendar year shall be a Temporary Use. (xxiii) (xxiv) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (xxiv) (xxv) Construction staging (as an Interim Use only). (xxv) (xxvi) Additional Uses which the Director determines to be similar to uses by right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Single retail businesses occupying more than 65,000 of consolidated Gross Square Footage. 999369.9999369.10 12 (ii) Light Industrial Uses; provided, however, such Use must be developed as part of a Mixed Use Project which includes Commercial Use(s). (iii) (ii) Minor Automobile Repair Shops. (iv) (iii) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval by the Design Review Board authorizing such Use). (v) (iv) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic (subject to review and written approval by the Design Review Board authorizing such Use). (vi) (v) Service Station (for the sale of only electric form of fuel for motorized vehicles). (vii) (vi) Recycling Facilities. (c) Excluded Uses: (i) Animal Boarding (outdoor). (ii) Family Child Care Home. (iii) Group Home. (iv) Heavy Industrial Uses. (v) Kennels (outdoor). (vi) Mobile Homes. (vii) Major Automobile Repair Shops. (viii) Nude Entertainment Establishments. (ix) (viii) Outdoor Storage. (x) (ix) Recycling Processing Facility. (xi) (x) Service Station, except as specifically identified as a Special Review Use in Section E.2(b). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Southerly and Westerly boundaries of Planning Area A: 20 feet. 999369.9999369.10 13 (2) All others: None, except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and the flood plain of live streams. (ii) Maximum Building Height: 80 feet for areas north of Main Street. 55 feet for areas south of Main Street. (1) South of Main Street: 55 feet. (2) North of Main Street: a. Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed-Use Project): 135 feet. b. All other Uses: 80 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: Not applicable. (f) Residential Density Maximum: Not applicable. (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 3. Planning Area B -Community Facilities. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.3(b) below or specifically excluded in Section E.3(c) below, the following Primary Uses and Accessory Uses: (i) Community Facilities and related amenities as may be mutually approved by the Town and the Design Review Board. (ii) Agricultural Use (as an Interim Use only). (iii) Infrastructure. (iv) Dry Utilities (subject to review and written approval by the Design Review Board authorizing such Use). (v) Snow storage (as an Interim Use only). 999369.9999369.10 14 (vi) Water storage and water resource management facilities. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval of such Use by the Design Review Board). (c) Excluded Uses: (i) Commercial Uses. (ii) Residential Uses. (iii) Industrial Uses. (iv) Mixed Use Projects (except as specifically included as a Use By Right in Section E.3(a) above). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: 25 feet from the adjacent road right-of-way. 20 feet from property line abutting Planning Area A. None from property line abutting Main Street. There shall be no other setback requirements except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: 20% (iv) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 4. Planning Areas C and D - Village Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.4(b) below or specifically excluded in Section E.4(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. 999369.9999369.10 15 (ii) Commercial Uses; provided, however, no single retail business shall occupy more than 5,000 of consolidated Gross Square Footage. (iii) (ii) Agricultural Use (as an Interim Use only). (iv) (iii) Community Facilities. (v) (iv) Child Care Center. (vi) (v) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. (vii) (vi) Hospitals, Long-term Care Facilities and other medical facilities including, but not limited to clinics, independent and assisted living facilities (including cafeteria and food preparation areas), group and congregate care facilities and nursing homes. (viii) (vii) Mixed Use Projects (provided, however, no Uses specifically excluded in Section E.4(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section E.4(b) below shall be included except pursuant to the review and approval processes set forth in Section F below). (ix) (viii) Commercial Parking, Private Parking and Public Parking, including but not limited to Parking Structures, Bus Stops, Bus Shelters, tramways, gondolas and lifts. (x) (ix) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). (xi) (x) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). (xii) (xi) Infrastructure. (xiii) (xii) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (xiv) (xiii) Churches, museums, libraries and public buildings. (xv) (xiv) Indoor recreation and/or entertainment facilities. (xvi) (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvii) (xvi) Parks and open space. 999369.9999369.10 16 (xviii) (xvii) Family Child Care Home. (xix) (xviii) Minor Home Occupations. (xx) (xix) Emergency heliport accessory to a Hospital Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic (subject to review and written approval by the Design Review Board authorizing such Use). (xxi) (xx) Snow storage (as an Interim Use only). (xxii) (xxi) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (xxiii) (xxii) Construction staging (as an Interim Use only). (xxiv) (xxiii) Accessory Uses and Structures customarily appurtenant to Uses by Right. (xxv) (xxiv) Additional Uses which the Director determines to be similar to uses by right. (xxvi) (xxv) Planning Area C Only: (1) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (2) Health club, athletic club, fitness club, gymnasium and Commercial indoor recreational facilities, including without limitation, such Use comprising a portion of a Mixed-Use Project, provided no such Use shall exceed 40,000 square feet in consolidated Gross Square Footage. (xxvii) (xxvi) Planning Area D Only: (1) Property that has frontage on Main Street only: Commercial Uses; provided, however, a. No single retail business shall exceed 60,000 in consolidated Gross Square Footage); b. Animal Boarding (excluding outdoor Animal Boarding) is subject to review and written approval by the Design Review Board authorizing such Use; and 999369.9999369.10 17 c. Kennels (excluding outdoor Kennels) are subject to review and written approval by the Design Review Board authorizing such Use. (1) (2) Recycling Facility and accessory trash facility (as an Interim Use only). (2) North of Main Street only: a. Health club, athletic club, fitness club, gymnasium and Commercial indoor recreational facilities, including without limitation, such Use comprising a portion of a Mixed-Use Project, provided no such Use shall exceed 40,000 of consolidated Gross Square Footage. (xxviii)(xxvii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Single retail businesses occupying more than 5,000 of consolidated Gross Square Footage. (ii) (i) Within Planning Area C only: (1) Mixed Use Projects (provided, however, no Uses specifically excluded in Section E.4(c) below shall be included in such Mixed Use Project). (2) Hotel, Motel and Lodge. (iii) (ii) Within areas of Planning Areas D only: (1) Areas that have frontage on Main Street only: (1) Commercial Uses having a single retail business exceeding 60,000 in consolidated Gross Square Footage. a. (2) Educational facilities including, but not limited to public and private schools, universities, and colleges. (3) Light Industrial Uses (subject to review and written approval by the Design Review Board authorizing such Use); b. (4) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval by the Design Review Board authorizing such Use). 999369.9999369.10 18 c. (5) Minor Automobile Repair Shops. d. (6) Major Home Occupations. e. South side of Main Street only: Health club, athletic club, fitness club, gymnasium and Commercial indoor recreational facilities, including without limitation, such Use comprising a portion of a Mixed-Use Project, provided no such Use shall exceed 40,000 of consolidated Gross Square Footage. (2) Recycling Facility and accessory trash facility (as an Interim Use only). (c) Excluded Uses: (i) Animal Boarding (outdoor). (ii) Family Child Care Home. (iii) Group Home. (iv) Heavy Industrial Uses. (v) Kennels (outdoor). (vi) Mobile Homes. (vii) Major Automobile Repair Shops. (viii) Nude Entertainment Establishments. (ix) (viii) Outdoor Storage. (x) (ix) Recycling Processing Center. (xi) (x) Service Stations. (xi) Within Planning Area C: (xii) (1) Light Industrial Uses. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Front: 25 feet (2) Side: 20 feet 999369.9999369.10 19 (3) Rear: 20 feet (4) Southerly boundary of Planning Area D: 20 feet (ii) Maximum Building Height: (1) South of Main Street: 48 feet. (2) North of Main Street: a. (1) Hospital Uses: 80 feet. b. (2) All other Uses: 55 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: Not applicable. (f) Residential Density Maximum: Not applicable. (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 5. Planning Area E - School. (a) Purpose: To mitigate the impact of the Residential Uses proposed for development within The Village (at Avon) by providing land for school needs generated by the Residential Uses proposed for development within The Village (at Avon) directly for the benefit of the children of the Town as reasonably necessary to serve The Village (at Avon) and future residents thereof. (b) Uses by Right: The following Primary Uses and Accessory Uses: (i) Educational uses, limited to use as a state licensed educational facility serving grades K-12 (or any portion of such grades). (ii) Agricultural Use (as an Interim Use only). (iii) Subject to prior written approval from the Design Review Board authorizing such Uses, the following education-related Uses: (1) Child Care Facilities. 999369.9999369.10 20 (2) Pre-school facilities. (3) Community/adult educational facilities. (4) Cultural and/or art classes. (5) Recreational facilities. (6) Museums. (iv) Infrastructure. (v) Dry Utilities. (vi) Such other cultural/community service oriented Uses and facilities as the Design Review Board may authorize in writing. (c) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Front: 25 feet (2) Side: 20 feet (3) Rear: 20 feet (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (d) Parking Requirements: As set forth in the Parking Regulations. (e) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (f) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 6. Planning Areas F, G, H and I – Regional Commercial Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.6(b) below or specifically excluded in Section E.6(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses. 999369.9999369.10 21 (ii) Residential Uses. (iii) Mixed Use Projects (provided, however, no Uses specifically excluded in Section E.6(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section E.6(b) below shall be included except pursuant to the review and approval processes set forth in Section F below). (iv) Agricultural Uses (as an Interim Use only). (v) Educational facilities including, but not limited to public and private schools, universities, and colleges. (vi) Community Facilities. (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (ix) Infrastructure. (x) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xii) Churches, museums, libraries and public buildings. (xiii) Indoor recreation and/or entertainment facilities that do not include the use of amplified music. (xiv) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval of such Use by the Design Review Board). (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvi) Parks and open space. (xvii) Child Care Center. (xviii) Animal Boarding (excluding outdoor Animal Boarding), subject to review and written approval by the Design Review Board authorizing such Use 999369.9999369.10 22 (xix) Kennels (excluding outdoor Kennels), subject to review and written approval by the Design Review Board authorizing such Use. (xx) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (xxi) Construction staging (as an Interim Use only). (xxii) Planning Areas F and I Only: (1) Agricultural Use (as an Interim Use only). (2) Recycling Facility. (3) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic (subject to review and written approval by the Design Review Board authorizing such Use). (xxiii) Planning Area H Only: (1) Building and vehicle maintenance facilities and operations (subject to review and written approval by the Design Review Board Authorizing such Use). (xxiv) Planning Area I Only: (1) Pedestrian and vehicular bridges, bridge abutments and improvements reasonably related thereto. (2) Minor Automobile Repair Shops. (3) Major Automobile Repair Shops (subject to review and written approval by the Design Review Board authorizing such Use). (4) Light Industrial Uses. (xxv) Additional Uses which the Director determines to be similar to uses by right. (xxvi) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Service Station (subject to review and written approval by the Design Review Board authorizing such Use). 999369.9999369.10 23 (ii) Animal Boarding (outdoor), subject to review and written approval by the Design Review Board authorizing such Use (iii) Kennels (outdoor), subject to review and written approval by the Design Review Board authorizing such Use. (iv) Planning Areas G and H Only: (1) Heliport, only as an Accessory Use to a hospital or other medical facility, including but not limited to a clinic (subject to review and written approval by the Design Review Board authorizing such Use). (v) Planning Areas F, G and H Only: (1) Animal Boarding (outdoor). (2) Kennels (outdoor). (vi) Planning Area I Only: (1) Heavy Industrial Uses (subject to review and written approval by the Design Review Board authorizing such Use). (c) Excluded Uses: (i) Planning Areas F, G and H: (1) Heavy Industrial Uses. (2) Major Automobile Repair Shops. (3) Family Child Care Home. (4) Group Home. (5) Mobile Homes. (6) Nude Entertainment Establishments. (7) (6) Recycling Processing Center. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Commercial Uses: a. Front: 25 feet 999369.9999369.10 24 b. Side: None. c. Rear: 20 feet (2) Industrial and Residential Uses: a. Front: 25 feet b. Side: 20 feet. c. Rear: 20 feet (3) Vertically-integrated Mixed Use Projects: a. Front: 25 feet b. Side: None. c. Rear: 20 feet (ii) Maximum Building Height: (1) Commercial Uses: a. Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed-Use Project) in Planning Area I only: 135 feet. b. a. Hospital: 80 feet. c. b. All other Commercial Uses: 48 feet. (2) Industrial Uses: 48 feet. (3) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi-family: 48 feet. (4) Vertically-integrated Mixed Use Projects: 48 feet. (iii) Maximum Site Coverage: 80%. (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: (i) Planning Areas F, G and H: Not applicable. 999369.9999369.10 25 (ii) Planning Area I only: Not applicable; provided, however, that until such time as a secondary road access to Planning Area I is constructed and open for use, no building permits may be issued for Commercial Uses or Industrial Uses. (f) Residential Density Maximum: (i) Planning Areas F, G and H: Not applicable. (ii) Planning Area I only: Not applicable; provided, however, that until such time as a secondary road access to Planning Area I is constructed and open for use, building permits may be issued for no more than 280 Dwelling Units for Planning Area I (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 7. Planning Area J – Regional/Neighborhood Commercial and Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.7(b) below or specifically excluded in Section E.7(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Commercial Uses. (iii) Mixed Used Projects. (iv) Minor Automobile Repair Shops (subject to review and written approval by the Design Review Board authorizing such Use). (v) Community Facilities. (vi) Agricultural Use (as an Interim Use only). (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the 999369.9999369.10 26 foregoing being subject to review and written approval of such Use by the Design Review Board). (ix) Infrastructure. (x) Dry Utilities. (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xii) Recreational facilities. (xiii) Parks and open space. (xiv) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (xv) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (xvi) Construction staging (as an Interim Use only). (xvii) Additional uses which the Director determines to be similar to uses by right. (xviii) Accessory Uses and Structures customarily appurtenant to uses by right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Light Industrial Uses (subject to review and written approval by the Design Review Board authorizing such Use). (ii) Churches, museums, libraries and public buildings. (iii) Child Care Center. (c) Excluded Uses: (i) Major Automobile Repair Shops. (ii) Nude Entertainment Establishments. (d) Building Envelope Requirements: (i) Building Setback Requirements: 999369.9999369.10 27 (1) Residential and Light Industrial Uses: a. Front: 20 feet (except as provided below). b. Side: 20 feet (except as provided below). c. Rear: 20 feet (except as provided below). (2) Commercial Uses: a. Front: 20 feet (except as provided below). b. Side: None (except as provided below). c. Rear: 20 feet (except as provided below). (3) Notwithstanding the foregoing, the minimum Building Setback within areas abutting the Interstate 70 right-of-way shall be: a. Commercial Uses and Light Industrial Uses: 10 feet. b. Residential Uses: 40 feet. (ii) Maximum Building Height: (1) Commercial and Light Industrial Uses: 48 feet. (2) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi-family: 48 feet. (3) Vertically-integrated Mixed Use Projects: 48 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: Not applicable. (f) Residential Density Maximum: Not applicable. (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. 999369.9999369.10 28 (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 8. Planning Area K - Hillside Residential. (a) Uses by Right: Except as specifically excluded in Section E.8(b) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Agricultural Use (as an Interim Use only). (iii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (iv) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (v) Infrastructure. (vi) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (vii) Recreational facilities. (viii) Parks and open space. (ix) Wedding facilities (subject to review and written approval of such Use by the Design Review Board). (x) Cemetery (subject to review and written approval of such Use by the Design Review Board). (xi) Public Facilities. (xii) Community Facilities. (xiii) Homeowner association facilities including, but not limited to, a caretaker unit (as a Secondary Structure), clubhouse and restaurant, community meeting facilities, recreational facilities, and other similar facilities and amenities. (xiv) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). 999369.9999369.10 29 (xv) Construction staging (as an Interim Use only). (xvi) Accessory Uses and Structures customarily appurtenant to uses by right. (xvii) Additional uses which the Director determines to be similar to uses by right. (b) Excluded Uses: (i) Commercial Uses (excluding cemetery, wedding facilities and restaurant Uses). (ii) Industrial Uses. (c) Building Envelope Requirements: The layout, location, size and number of Lots within Planning Area K as depicted on the PUD Master Plan are conceptual, non-binding and provided only for illustrative purposes only. The precise layout, location, size and number of Lots and the precise location of the Building Envelope for each Lot within Planning Area K will be as established by and reflected in the Final Plat creating the Lot, and shall be based on various site specific features of the Lot such as the topography, grade, natural vegetation and similar matters, but shall generally comply with the following requirements unless such compliance is determined to be impractical or unreasonable. (i) Minimum Building Setbacks: (1) Front: 25 feet (except as set forth below). (2) Side: 20 feet (except as set forth below). (3) Rear: 20 feet (except as set forth below). (4) For Lot 1: 20 feet from the property line, except as otherwise required to accommodate utilities, drainage, access, fire and building code regulations, and the flood plain of live streams. (ii) Maximum Building Height: (1) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi-family: 48 feet. (2) Homeowner association amenities, Community Facilities and Commercial Uses: 35 feet. (iii) Maximum Site Coverage: As toThe lesser of (a) 1 acre of the applicable Lot; or (b) 80% of the applicable Lot, provided that the final Site coverage 999369.9999369.10 30 shall be set forth as the Building Envelope for each Lot on the Final Plat creating the applicable Lot, provided further that, in any event, such Building Envelope shall comply with the requirements of this subsection. (iv) Minimum Lot Area: 1 acre. (d) Commercial Density Maximum: Not applicable. (e) Residential Density Maximum: Not applicable; provided, however, that until such time as a secondary road access to Planning Area K and Planning Area RMF-1 is constructed and open for use, building permits may be issued for no more than 280 Dwelling Units in the aggregate for Planning Area K and Planning Area RMF-1 (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family. (a) Uses By Right: The following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Community Facilities. (iii) Commercial Parking, Private Parking and Public Parking. (iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (v) Agricultural Use (as an Interim Use only). (vi) Child Care Center. (vii) Independent and assisted living facilities (including cafeteria and food preparation areas). (viii) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. (ix) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). 999369.9999369.10 31 (x) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (xi) Infrastructure. (xii) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (xiii) Recreational facilities. (xiv) Temporary real estate offices and construction offices. (xv) Residential management office. (xvi) Planning Area RMF-1 only: (1) Wedding facilities (2) Restaurant (xvii) Planning Area RMF-2 only: (1) Pedestrian bridges. (xviii) Tract B, Final Plat Village (at Avon) Filing 2 (a portion of Planning Area RMF-2) only: (1) Commercial Uses. (2) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (xix) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (xx) Construction staging (as an Interim Use only). (xxi) Accessory Uses and Structures customarily appurtenant to uses by right. (xxii) Additional uses which the Director determines to be similar to uses by right. (b) Excluded Uses: 999369.9999369.10 32 (i) Commercial Uses (except as specifically included in Section 9(a)). (ii) Industrial Uses. (iii) Mobile Homes. (c) Building Envelope Requirements: (i) Building Setback Requirement: (1) Front: 25 feet. (2) Side: 20 feet. (3) Rear: 20 feet. (ii) Maximum Building Height: (1) Single-family or duplex: 35 feet. (2) Multi-family: 48 feet. (3) Commercial: 48 feet. (iii) Maximum Site Coverage: 80%. (iv) Minimum Landscaped Area: 20%. (v) Minimum Lot Area: Not applicable. (d) Commercial Density Maximum: (i) Planning Area RMF-2: Not applicable. (ii) Planning Area RMF-1: Not applicable. (e) Residential Density Maximum: (i) Planning Area RMF-2: Not applicable. (ii) Planning Area RMF-1: Not applicable; provided, however, that until such time as a secondary road access to Planning Area K and Planning Area RMF-1 is constructed and open for use, building permits may be issued for no more than 280 Dwelling Units in the aggregate for Planning Area K and Planning Area RMF-1 (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). (f) Parking Requirements: As set forth in the Parking Regulations. 999369.9999369.10 33 (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 10. Planning Areas P1-P3: Parkland. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.10(b) below or specifically excluded in Section E.10(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Construction/building material staging area (as an Interim Use only). (iii) Community Facilities (subject to review and written approval of such Uses by the Design Review Board). (iv) Equestrian, pedestrian and bicycle trails. (v) Landscape improvements. (vi) Indoor and outdoor, sports, training and recreation facilities (subject to review and written approval of such Uses by the Design Review Board). (vii) Lakes, ponds, reservoirs and irrigation ditches. (viii) Parks, picnic facilities and temporary entertainment for special events. (ix) Infrastructure. (x) Dry Utilities (subject to review and written approval of such Uses by the Design Review Board). (xi) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (xii) Construction staging (as an Interim Use only). (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (c) Excluded Uses: 999369.9999369.10 34 (i) Residential Uses. (ii) Commercial Uses. (iii) Industrial Uses. (d) Building Envelope Requirements: (i) Building Setback Requirement: No minimum except must be sufficient to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 2035 feet. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 11. Planning Areas OS1 – 0S7: Natural Open Space. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.11(b) below or specifically excluded in Section E.11(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Equestrian, pedestrian and bicycle trails. (iii) Landscape improvements. (iv) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (v) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (vi) Infrastructure. 999369.9999369.10 35 (vii) Dry Utilities (subject to review and written approval of such Uses by the Design Review Board). (viii) Snow storage. (ix) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings; provided, however, such uses which are located in Planning Area OS6 shall be oriented on a generally north-south axis. (x) OS1 – OS4 and OS7: (1) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only). (2) Construction staging (as an Interim Use only). (xi) OS1 – 0S5 and OS7: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking. (xii) OS5 and OS6 (subject to review and written approval of such Uses by the Design Review Board): (1) Community Facilities. (2) Recreational Uses including public river access. (3) Pedestrian and vehicular access, roads, bridges, bridge abutments and improvements reasonably related thereto. (xiii) OS3: (1) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (b) Special Review Uses: (i) OS6 only: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (1) Lakes, ponds, reservoirs and irrigation ditches. 999369.9999369.10 36 (2) Park and picnic facilities and related parking (subject to review and written approval of such Uses by the Design Review Board). (c) Excluded Uses: All Uses other than Uses by Right and Special Review Uses specifically listed above. (d) Building Envelope Requirements: (i) Building Setback Requirement: Not applicable. (ii) Maximum Building Height: Not applicable. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Lot Area: Not applicable. (v) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 12. Planning Areas PF-1 – PF-3: Public Facility. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.12(b) below or specifically excluded in Section E.12(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Public Facilities. (iii) Landscape improvements. (iv) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (v) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (vi) Infrastructure. 999369.9999369.10 37 (vii) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (viii) Within Tract E, Final Plat, The Village At Avon Filing 3 (Planning Area PF-3), and Tract F, Final Plat, The Village At Avon Filing 3 as amended (Planning Area PF-2), in accordance with and subject to the terms and conditions of Ordinance No. 06-16: (1) emergency services facilities such as ambulance, fire protection; and (2) similar uses and services as determined by the Director. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Lakes, ponds, reservoirs and irrigation ditches. (ii) Park and picnic facilities and related parking. (c) Excluded Uses: All Uses other than Uses by Right and Special Review Uses specifically listed above. (d) Building Envelope Requirements: (i) Building Setback Requirement: Not applicable. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Landscaped Area: 20%. (v) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 999369.9999369.10 38 F. SPECIAL REVIEW USE. 1. Special Review Use Permit. (a) A Special Review Use shall require a special review use permit prior to the issuance of a building permit or the commencement of the use identified as a Special Review Use in the Development Standards. (b) A Special Review Use shall not be considered a Use by Right without review and approval, as set forth in Section F.2 below, nor shall a Special Review Use be permitted unless the Design Review Board approves a development plan for the applicable site. (c) The procedural and substantive requirements set forth in this Section F constitute the sole and exclusive Special Review Use regulations applicable within The Village (at Avon) PUD and . 2. Application Filing and Processing. (a) An Application with required materials (see Section F.3 below) shall be filed with Community Development. Only complete submittals shall be accepted. (b) Staff shall review the Application in accordance with the criteria established in this section and present the Application at a public hearing before the Planning and Zoning Commission in accordance with Section 7.16.020(e) of the Development Code, as amended. (c) Developments and uses granted by special review use permit shall be developed or established in accordance with the timeframe provided in the approved special review use permit, or within two years of the date of approval if the timeframe is not established in the approved special review use permit. Subject to extension in accordance with subsection 6(b) below, failure to develop or establish such development or Uses in accordance with the timeframe established on the permit (or two years from the date of approval if no timeframe is established on the permit) shall result in the expiration of the permit. (d) A special review use permit is valid as long as conditions of approval are maintained by the Applicant, unless a specific time limit for the use is set forth as part of the approval. Subject to extension in accordance with subsection 6(b) below, if an approved Use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. (e) If the conditions of a permit become the responsibility of a person or entity other than the Applicant, Community Development shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the Applicant shall remain responsible. Such notice shall be attached to the permit on file at Community Development. 999369.9999369.10 39 (f) If conditions of approval are not maintained, it shall be considered a violation of the Development Plan and the special review use permit shall be subject to revocation proceedings in accordance with the applicable provisions of the Municipal Code, the Design Review Guidelines and the Design Covenant. 3. Submittal Requirements for Special Review Use. Only complete submittals shall be accepted. No Application shall be deemed complete unless the Applicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular permit being requested: (a) A complete special review use permit Application and required fee; (b) A legal description of the parcel; (c) A site plan showing proposed Uses and structures on the property; (d) Scaled elevations and/or perspective drawings of any proposed structures; (e) A proposed development schedule indicating: (i) Date of the beginning of the Use and/or construction; (ii) Phases in which the project may be developed and the anticipated rate of development; (iii) The anticipated date of completion of the project; (f) Any agreements, provisions or covenants to be recorded; (g) Restoration or reclamation plans shall be required for all Uses requiring extensive grading, for extractive Uses, and may be required for other Uses as necessary; (h) A statement regarding any provisions for proper ongoing maintenance of the Use and site; (i) Any additional materials, which, in the opinion of the Director, are necessary to adequately review the Application. 4. Condition Precedent to Town Approval. It shall be a condition precedent to the approval of an Application for a special review use permit that such Application is, prior to approval, accompanied by a certificate of approval executed by the President of the Design Review Board evidencing the Design Review Board’s review and approval of the proposed Use and the associated site plans, elevations, drawings, development schedule and other required documents, as applicable. 5. 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: 999369.9999369.10 40 (a) Whether the proposed Use otherwise complies with all requirements imposed by the Development Plan; (b) Any significant impacts (including, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the Use will be mitigated to the extent practicable; (c) The demand, if any, for public services or infrastructure exceeding current capacity is mitigated as reasonably practical. 6. Amendments to Special Review Use Permit. (a) No approved Special Review Use may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion (i) receives the prior approval of the planning and zoning commission, which shall be obtained by repetition of the granting procedures provided in this Section F; or (ii) qualifies as a “minor expansion” and receives the prior approval of the Director, which minor expansion shall processed and a decision administratively rendered. For purposes of this Section F, a “minor expansion” is a modification to an approved Special Review Use that does not result in more than a 2515% increase in consolidated Gross Square Footage of such Use and does not result in more than a 2515% increase in the size of the Site for such Use. (b) Prior to the expiration date of a special review use permit due to cessation of an approved Special Review Use for any reason for a period of one year or due to failure to develop or establish an approved Special Review Use in accordance with the timeframe established on the permit (or two years from the date of such approval if no timeframe is established on the permit) as provided for in subsection 2 above, an Applicant may request, in writing, approval of an extension of such expiration date and the Director may administratively approve up to a one-year extension of an approved Special Review Use. G. TEMPORARY USES AND STRUCTURES. 1. Temporary Use Permit. (a) Except as otherwise provided in this PUD Guide with respect to Interim Uses (which Uses shall not be considered Temporary Uses and shall not be subject to this Section G), a Temporary Use shall require a temporary use permit prior to the issuance of a building permit or the commencement of such Temporary Use (excluding “exempt” Temporary Uses as indentified in the Development Code). (b) A Temporary Use shall not be permitted without review and approval, as set forth in this Section G; nor shall a Temporary Use be approved unless the Design Review Board approves such Use in writing and/or approves, as applicable, a development plan for the applicable Site. (c) Except as superseded, amended or supplemented by the provisions of this Section G, the procedural and substantive requirements set forth in the Development Code for Temporary Uses and temporary structures shall apply within The Village (at Avon) PUD. If 999369.9999369.10 41 there is any express or implied conflict between the terms and conditions of this Section G and the terms and conditions of the Municipal Code, this Section G shall control. 2. Condition Precedent to Town Approval. It shall be a condition precedent to the approval of an Application for a temporary use permit that such Application is, prior to approval, accompanied by a certificate of approval executed by the President of the Design Review Board evidencing the Design Review Board’s review and approval of the proposed Use and the associated site plans, elevations, drawings, development schedule and other required documents, as applicable. 3. Application Filing and Processing. (a) An Application with required materials shall be filed with Community Development in accordance with the Development Code (b) Staff shall review the Application in accordance with the criteria established in Section 7.24.080 of the Development Code and administratively process the Application or present the Application at a public hearing before the Planning and Zoning Commission in accordance with Section 7.24.080 of the Development Code. (c) Notwithstanding any provision of the Development Code to the contrary, the Design Review Board shall have sole and exclusive authority regarding review and approval of all signs associated with a Temporary Use or structure. Any such signs approved by the Design Review Board shall be removed by the Applicant upon the earlier of the cessation of the Temporary Use activity or expiration of the temporary use permit. H. SUBDIVISION. 1. Multiple Buildings on Single Lot or Superblock. Within The Village (at Avon) PUD, multiple Buildings and/or Structures may be constructed upon a single Lot or Superblock without the requirement of further subdivision into individual Lots so long as the real property comprising the single Lot or Superblock upon which such Buildings and/or Structures are situated is held in common fee ownership by a single Landowner. A ground lessee or lessee of a Building or Structure shall not be deemed to be a Landowner, and no further subdivision into individual Lots shall be required for ground leases or leases of BuildingBuildings or StructureStructures within The Village (at Avon) PUD. 2. Administrative Subdivision Process. (a) Administrative Review and Approval. General. (i) The procedural and substantive requirements set forth in this Section H.2 constitute the sole and exclusive subdivision regulations applicable within The Village (at Avon) PUD and . (ii) SubdivisionsExcept with respect to the initial subdivision of any land within Planning Area K and Planning Area RMF-1 and except as set forth in Section 999369.9999369.10 42 H.2(d), subdivisions, subdivision amendments and re-subdivisions within The Village (at Avon) PUD (including without limitation, any amendments to or re-subdivisions of Lot 1, Final Plat of The Village (at Avon) Filing 1) shall require Final Plat review and approval only (no Preliminary Plan approval shall be required), which review and approval shall be administrative with an administrative decision rendered on such Final Plat by the Director, provided that the Applicant first submits to Community Development, in connection with the pre-application conference contemplated by Section 7.16.20(a) of the Development Code, an illustrative drawing depicting the proposed layout of Lots and streets within the proposed subdivision. Initial subdivision of any land within Planning Area K (but not subdivision amendments or re-subdivisions of any land within Planning Area K) shall, in addition to the requirement of administrative review and administrative approval of a Final Plat, require Preliminary Plan review and approval, all in accordance with the requirements of this Section H. (iii) SubdivisionNotwithstanding any provision of this Section H, subdivision review and approval shall not be required for any division of land excepted from the subdivision process in accordance with Section 7.16.070 of the Development Code or for any of the following: (1) Dedication of land for right-of-way or other public use, or conveyances relating to the vacation of land designated for public use; (2) Correction of a legal description in a prior conveyance; (3) Any transfer by operation of law or bequest; (4) Lease of property (granting of leasehold interests) for any period of time; (5) Division of land created by the foreclosure, or provision of deed-in-lieu of foreclosure, of a lien, mortgage, deed of trust or any other security instrument. (b) Preliminary Plan. (i) Application Filing and Processing. (1) An Application with required materials (see Subsection H.2 below) shall be filed with Community Development. Only complete submittals shall be accepted. (2) Town Council shall render the final decision on a Preliminary Plan Application in accordance with the criteria for review and approval established in this section and after conducting a public hearing in accordance with Section 7.16.020(e) of the Development Code. 999369.9999369.10 43 (3) Public notice of the Town Council hearing on the applicable Preliminary Plan Application shall be given in accordance with Section 7.16.020(d) of the Development Code. (4) As set forth in Section J.7 of this PUD Guide, requested variances and/or alternative equivalent compliance approvals, if any, from the Town Development Standards (Section 7.28 of the Development Code, as amended from time to time) or Town Engineering Improvements Standards (Section 7.32 of the Development Code, as amended from time to time) shall be considered by the Town. (ii) Application Submittal Items. Only complete submittals shall be accepted. No Application shall be deemed complete unless the Applicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular Preliminary Plan Application: (1) A complete Preliminary Plan Application and required fee; (2) A legal description of the parcel; (3) Title commitment; (4) Survey plat; (5) Proposed SFE water allocation assigned to the property, as applicable; (6) Utility approval and verification form; and (7) Preliminary plan. With respect to any submittal item, if the Applicant disagrees with the determination of the Director with respect to the required substance or quality of such submittal item, the Town and the Applicant shall jointly appoint a third party having experience in engineering and subdivision matters to review the Application and decide upon the appropriateness of the required substance and quality of such submittal item. Such third party’s determination as to the required substance or quality of such submittal item shall be binding upon the Town and the Applicant. (iii) Criteria for Review and Approval. Town Council shall consider the following criteria when evaluating an Application for Preliminary Plan approval: (1) The proposed subdivision shall comply with all applicable Use, density and dimensional standards set forth in the Development Plan that would affect the layout of Lots, blocks and streets; (2) There are adequate public facilities for potable water supply, sewage disposal (or if other methods of sewage disposal are proposed, adequate 999369.9999369.10 44 evidence that such system shall comply with state and local laws and regulations), solid waste removal, electrical supply, fire protection and streets; (3) The proposed road extensions are consistent with the Development Plan; (4) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, have provided “capacity to serve” letters for the proposed subdivision; (5) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of such areas is compatible with such conditions or adequate mitigation is proposed; and (6) The subdivision application addresses the responsibility for maintaining all streets, open spaces, and other public and common facilities in the proposed subdivision. (c) Final Plat. (i) (b) Final Plat Application Filing and Processing. (1) (i) An applicationApplication with required materials (see Subsection H.2(cii) below) shall be filed with Community Development. Only complete submittals shall be accepted. (2) Subject to Subsection H.2(d), staff and the Director shall review the application in accordance with the criteria established in this section and the Director shall administratively render a decision on the Final Plat in accordance with the criteria for review and approval of this section. (3) (ii) Subject to Subsection H.2(e), staff and the Director shall review the application in accordance with the criteria established in this section and the Director shall administratively render a decision on the Final Plat in accordance with the criteria for review and approval of this section. As set forth in Section J.87 of this PUD Guide, requested variances and/or alternative equivalent compliance approvals, if any, from the Town Development Standards (Section 7.28 of the Development Code, as amended from time to time) or Town Engineering Improvements Standards (Section 7.32 of the Development Code, as amended from time to time) willshall be considered by the Town. (4) (iii) Except as set forth in Subsection H.2(ed), nothe sole public notice requirements shall apply torequirement applicable to the processing and approval of Final Plats within The Village (at Avon) shall be the giving of mailed notice by the Town (at the expense of the Applicant) by first-class mail to all real property owners within 300 feet of the property which is the subject of the applicable Final Plat Application, as measured from the boundary of the subject 999369.9999369.10 45 property. Mailed notice shall be postmarked at least 11 days prior to the Director rendering a decision on the Final Plat Application. The content of the mailed notice shall include those matters set forth in Section 7.16.020(d)(3) of the Development Code. (5) (iv) Prior to the Director rendering a decision to reject or deny a Final Plat Application, the Director shall give the Applicant prior written notice of the Director’s intent to reject or deny such Application, which notice shall include a detailed accounting of the reasons for such intended rejection or denial and proposed recommendation(s) for satisfactorily addressing such deficiencies, and the Applicant shall have an opportunity to amend such Application prior to the Director finally rejecting or denying the Final Plat. (6) (v) The Director’s decision on the Final Plat Application may be appealed to the Town Council pursuant to Section 7.16.160 of the Development Code. (7) (vi) The approved Final Plat shall be recorded within 90 days from the date of approval, unless a later time is set forth in the Director’s approval. If the Final Plat is not recorded in such timeframe, the approval shall be deemed voidable in the discretion of the Director. If the Director gives written notice that the Final Plat is void pursuant to this section, such Final Plat shall not thereafter be recorded; provided that if a fully executed and, as applicable, notarized, Final Plat is recorded after 90 days from the date of approval (after any such later deadline for recordation as may be set forth in the Director’s approval), such recordation shall be conclusive evidence that the Final Plat is not void and is in full force and effect. (ii) (c) Submittal Requirements for Final Plat Application Submittal Items. Only complete submittals shall be accepted. No applicationApplication shall be deemed complete unless the applicantApplicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular Final Plat being requestedApplication: (1) (i) A complete Final Plat application and required fee; (2) (ii) A legal description of the parcel; (3) (iii) Title commitment; (4) (iv) Survey plat; (5) (v) SFE water allocation assigned to the property, as applicable; (6) (vi) Utility approval and verification form; (7) (vii) Final plat; 999369.9999369.10 46 (8) (viii) Public improvements agreementImprovements Agreement, as applicable; (9) (ix) Transportation impact study; (10) (x) Drainage study; and (11) (xi) Street plan and profiles. With respect to any submittal item, if the Applicant disagrees with the determination of the Director with respect to the required substance or quality of such submittal item, the Town and the Applicant shall jointly appoint a third party having experience in engineering and subdivision matters to review the Application and decide upon the appropriateness of the required substance and quality of such submittal item. Such third party’s determination as to the required substance or quality of such submittal item shall be binding upon the Town and the Applicant. (iii) (d) Criteria for Review and Approval of Final Plat. The Director. Town Council shall consider the following criteria when evaluating an applicationApplication for Final Plat approval: (i) The proposed subdivision shall comply with all applicable Use, density and dimensional standards set forth in the Development Plan that would affect the layout of Lots, blocks and streets; (ii) There are adequate public facilities for potable water supply, sewage disposal (or if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations), solid waste removal, electrical supply, fire protection and streets; (iii) The proposed road extensions are consistent with the Development Plan; (iv) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, have provided “capacity to serve” letters for the proposed subdivision; (v) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of such areas is compatible with such conditions or adequate mitigation is proposed; (vi) The subdivision application addresses the responsibility for maintaining all streets, open spaces, and other public and common facilities in the proposed subdivision; (1) (vii) The legal descriptions of all Lots and other parcels within the proposed subdivision close and contain the entirety of the area indicated; 999369.9999369.10 47 (2) (viii) The Final Plat is correct in accordance with surveying and platting standards of the State of Colorado; (3) (ix) The Final Plat substantially complies with all generally applicable technical standards adopted by the Town, except where (a) modified or superseded by this PUD Guide; (b) alternative equivalent compliance has been granted as contemplated in Section J.87; (c) a variance has been granted in accordance with the provisions of the Development Code; or (d) otherwise waived by the Director; (4) The Final Plat does not result in any contiguous land in common ownership (with the ownership of the land subject to the applicable Final Plat) of less than 35 acres; (5) The Final Plat substantially conforms to the approved Preliminary Plan, if any; and (6) For any subdivision, subdivision amendment or re- subdivision within The Village (at Avon) for which there was not a requirement for review and approval of a Preliminary Plan, the review criteria for a Preliminary Plan shall also apply to the Final Plat Application. (d) (e) Material Modification to Certain Street Extensions or Alignments. (i) If there is any express or implied conflict between the terms and conditions of the Development Plan and the terms and conditions of the Transportation Master Plan, the Development Plan shall control. (ii) If the street extension(s) and/or street alignment(s) proposed by the Final Plat Application (or re-subdivisions of or amendments thereto) are materially inconsistent with the following requirements, the Director may, in the Director’s sole discretion, determine that such Application shall not be subject to administrative processing and approval and may direct that the Final Plat Application be submitted to Town Council for a decision: (1) [Town to propose material street extension and alignment requirements for applicant’s review.] (iii) Notice of the Town Council meeting on the Final Plat Application shall be given in accordance with Section 7.16.020(d) of the Development Code. (iii) (iv) Town Council shall consider the criteria set forth in Subsection H.2(dc)(iii) when evaluating an application for Final Plat approval, and shall render a decision on the Final Plat Application after conducting a public hearing. (iv) Public notice of the Town Council hearing on the Final Plat Application shall be given in accordance with Section 7.16.020(d) of the Development Code. 999369.9999369.10 48 (e) (f) Re-subdivisions of and Amendments to Final Plats. Subject to Subsection H.2(ed), any re-subdivisions of or amendments to approved Final Plats within The Village (at Avon), including without limitation, approved Final Plats within Planning Areas K and RMF-1, shall be processed and a decision rendered administratively in accordance with the procedures provided in this Subsection H.2. I. DEVELOPMENT PLAN AMENDMENT PROCEDURES. 1. General. (a) Amendments to this PUD Guide and the PUD Master Plan may be processed by the Town either formally or administratively, with the determination of the applicable procedure to be made in strict compliance with the terms and conditions of this Section I and based on the intent of the Town and Master Developer that preference be given for application of the administrative amendment provisions. (b) During the term of the Vested Property Rights, no amendment to or variance from the terms of the Development Plan, and no application for rezoning of all or any part of the property included within The Village (at Avon) PUD, shall be accepted for processing, or approved or undertaken by the Town without the prior written consent of the Master Developer. (c) Any such amendment shall contain the statement required pursuant to Section 7.16.140(d) of the Development Code, shall be processed and otherwise implemented in compliance with the terms and conditions set forth in Section A.3 above, and shall create Vested Property Rights for the duration of the term set forth in Section A.3 above. No such amendment shall divest, limit or otherwise impair any Vested Property Right set forth in Section A.3 above. (d) Prior to the Director or Council, as applicable, rendering a decision to reject or deny an Application for an amendment to the Development Plan, the Director or Council, as applicable, shall give the Applicant prior written notice of the Director’s, or Council’s, as applicable, intent to reject or deny such Application, which notice shall include a detailed accounting of the reasons for such intended rejection or denial and proposed recommendation(s) for satisfactorily addressing such deficiencies, and the Applicant shall have an opportunity to amend such Application prior to the Director or Council, as applicable, finally rejecting or denying the Application. 2. Formal Amendments. Amendments to this PUD Guide or the PUD Master Plan which do not qualify for the administrative amendment process described in Section I.3 below shall follow the formal amendment process set forth in Section 7.16.060 of the Development Code, as amended, except that the provisions of Section I.1 above shall apply to all formal amendments of this PUD Guide and the PUD Master Plan. Nothing herein shall be deemed to prevent an Applicant from voluntarily choosing to apply for a formal amendment, or from appealing to Council or the courts the Director’s determination of eligibility for administrative amendment and/or denial of a request for an administrative amendment. 999369.9999369.10 49 3. Administrative Amendments. (a) Intent; Determination of Applicable Amendment Procedure. The intent of this Section I.3 is to provide a simplified amendment procedure for minor modifications to this PUD Guide and the PUD Master Plan. As used herein, the term “minor modifications” means an Application meeting the criteria stated subsection (b) below, which shall be processed and approved administratively. (b) Qualifying Administrative Amendments. An Application for administrative amendment that complies with (I) the specific criteria for approval set forth in subsections (i) through (iv) below, as applicable, shall be processed and approved administratively, and shall be entitled to a presumption of compliance with the general criteria for approval set forth in subsection (v) below; or (II) the general criteria for approval set forth in subsection (v) below shall be processed and approved administratively: (i) Road Alignments. Changes to public or private street locations, internal circulation design/pattern and/or traffic capacity of the overall road network within the Property that may require a confirming amendment to this PUD Guide and/or the PUD Master Plan shall be processed and approved administratively. (ii) Public Improvements. Amendments to the Development Agreement, if any, that affect the scope of public improvements may require a conforming administrative amendment to this PUD Guide and/or PUD Master Plan, if the revision affects Development Standards for a particular Site or Planning Area. (iii) Subdivision Related Changes Affecting Development Plans. If the Town approves any Preliminary Plan or Final Plat that incorporates any subdivision related element that is inconsistent or conflicts with any Development Standard or other element of this PUD Guide or the PUD Master Plan, including without limitation, any modifications to street extension(s) and/or street alignment(s) as described in Section H.2(ed) of this PUD Guide, any conforming amendment to this PUD Guide or PUD Master Plan, as applicable, that may be required shall be processed and approved administratively. Examples of subdivision related elements that may require a conforming amendment to this PUD Guide or PUD Master Plan include, without limitation, lot line locations, right-of-way locations, internal public or private roadway locations, emergency access locations, utility locations, vacations, Planning Area boundaries, Building Envelope locations and/or areas, and other similar elements. Such conforming amendments shall apply only to the specific Lot(s) or Planning Area(s) affected by the Preliminary Plan or Final Plat the approval of which necessitated the conforming amendment. (iv) Planning Area Boundaries and Lot Lines. With the written consent of the Master Developer and written approval of the Design Review Board, an Applicant may amend the PUD Master Plan to increase or decrease the size of any Planning Area to conform the PUD Master Plan to an approved Final Plat or Application therefor that is being processed concurrently with such PUD Master Plan amendment. In addition, with the consent of the Master Developer and written approval of the Design 999369.9999369.10 50 Review Board, an Applicant may amend the PUD Master Plan to relocate or otherwise modify road alignments, Lot lines and Planning Area boundaries and locations due to site planning or engineering considerations that are not directly associated with an approved or in-process Final Plat or other Application. The foregoing PUD Master Plan amendments and any conforming amendments to this PUD Guide (to the extent that such modifications are necessary or desirable in connection with such PUD Master Plan amendments) shall be processed and approved administratively so long as the size of largest affected Planning Area is not increased or decreased by more than 10 percent. [In example, if Planning Area X is 30 acres and Planning Area Y is 10 acres and abuts Planning Area X, Planning Area X (being the larger of the two planning areas) may be increased by three acres (30 acres X 10% = 3 acres) and Planning Area Y may be decreased by the corresponding three acres, and such amendment to the PUD Master Plan shall be administratively approved.] For the avoidance of doubt, relocation or other modification of Planning Area locations as used in this subsection shall not be deemed to include, and shall not include, relocation or moving of an entire Planning Area to another location within The Village (at Avon) PUD, which relocation shall follow the formal amendment process. (v) Compatible and Adequately Mitigated Modifications. In addition to the specific criteria for approval set forth in subsections (i) through (iv) above, the Director shall approve Applications that request modifications to Development Standards which comply with the following general criteria for approval: (1) are not materially incompatible with immediately adjacent Uses; and (2) are not fundamentally inconsistent with the Development Standards set forth in this PUD Guide other than the specific Development Standard addressed by the requested amendment; and (3) incorporate measures which adequately address significant impacts, if any, to immediately adjacent Uses. (c) Procedure. (i) Applicants must meet with the Director or his or her designated representative prior to submittal of an administrative amendment request (unless waived by the Director) in order to obtain input into the appropriateness of the request and the materials required to be submitted with the request. (ii) Upon a complete submittal of the required materials, the Director shall determine, within fifteen (15) days after submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. (iii) If the administrative amendment request complies with subsections (b)(i) through (b)(v) above, as applicable, it shall be processed and approved administratively and the Director is authorized to approve the request. If the request does 999369.9999369.10 51 not comply with subsections (b)(i) through (b)(v), as applicable, Section I.2 above shall apply to the request. (iv) The Applicant may appeal any action or decision of the Director with respect to an administrative amendment request to Council by filing a written request for such appeal with the Town Clerk by not later than 5:00 p.m. on the 30th day following the action or decision being appealed. Such appeal may request a review of the Director’s determination of an Application’s eligibility for administrative processing and/or the Director’s decision to deny approval of an administrative amendment request. (v) Upon approval of an administrative amendment, the Applicant shall submit to Community Development a revised PUD Guide and/or a revised PUD Master Plan, as appropriate. Such revised documentation shall be signed by the Master Developer and the owner(s) of record, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. 4. Modifications Not Requiring Amendment. (a) No amendment (formal or administrative) to the Development Plan, or applicable component thereof, shall be required to modify the following Development Standards: (i) Maximum and Minimum Development Standards. Building Height and Site Coverage Development Standards Building Setback, Lot Area and parking requirement Development Standards (ii) Planning Area K Building Envelopes. No PUD Master Plan amendment or PUD Guide amendment shall be required with respect to the establishment of the final Building Envelope of a Lot or Site within Planning Area K, it being the intent of this PUD Guide that Building Envelopes within Planning Area K shall be established only pursuant to a Final Plat as otherwise set forth in this PUD Guide. (b) If a modification to this PUD Guide or the PUD Master Plan does not require an amendment pursuant to this Section I.4, the Applicant shall submit to Community Development a revised PUD Guide and/or a revised PUD Master Plan, as applicable, setting forth such modification. Such revised documentation shall be signed by the Master Developer and the owner(s) of record, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. J. SUPPLEMENTAL REGULATIONS. 1. Interim Uses. Interim Uses shall be permitted within The Village (at Avon) PUD as follows: (a) The following Uses or structures, in existence from time to time prior to development of the applicable portion of The Village (at Avon) PUD, shall be considered approved Interim Uses without the requirement of further action, but subject to approval, 999369.9999369.10 52 modification and/or termination as provided above in connection with Design Review Board processing of applications therefor in accordance with the Design Review Guidelines and Design Covenant: (i) Agricultural Uses within undeveloped portions of The Village (at Avon) PUD generally; (ii) Rodeo and ancillary carnival within Planning Area A; (iii) Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales within Planning Area Ain Planning Area A, not to exceed 60 days in the aggregate in a calendar year, provided that such Use exceeding 60 days in the aggregate in a calendar year shall be a Temporary Use.. (iv) Temporary real estate sales offices in Planning Areas A, C, D, E, F, G, H, I, J, RMF-1, RMF-2, P1 – P3, inclusive, OS1 – OS4, inclusive, and OS7. (v) Recycling Facility and trash drop-off within Planning Areas A and D; (vi) Snow storage within undeveloped portions of The Village (at Avon) PUD generally; (vii) Mobile Home office/storage Use and community garden within Planning Area A; (viii) Construction staging within Planning Areas A, C, D, E, F, G, H, I, J, RMF-1, RMF-2, P1 – P3, inclusive, and OS1 – OS4, inclusive, and OS7. (ix) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD in connection with on-site development and construction of the applicable portion of the Project (as an Interim Use only) within Planning Areas A, C, D, E, F, G, H, I, J, RMF-1, P1 – P3, inclusive, OS1 – OS4, inclusive, and OS7. (b) Agricultural and snow storage Uses (unless specifically designated as an Excluded Use within the applicable Planning Area) shall be permitted on undeveloped land within all Planning Areas until such time as an Applicant submits an application to the Design Review Board in connection with the initial building permit Application to the Town for construction of a Building. Upon the Town approving any application for construction of a Building within the applicable Planning Area, the Design Review Board may terminate, modify or attach conditions to the continued Interim Use of all or any portion of the pertinent Planning Area for agricultural or snow storage purposes, as applicable, in accordance with the Design Review Guidelines. No Town review of Interim Uses shall be required. (c) 2. Fireplace Regulations. All Dwelling UnitsSolid Fuel Burning Devices. Development within The Village (at Avon) PUD shall comply with the following Town of Avon fireplace regulations, which comprise the sole and exclusive fireplace regulations within the 999369.9999369.10 53 Village (at Avon) PUD and expressly supersede any fireplace regulations set forth in Chapter 15.24, Solid Fuel Burning Devices, of the Municipal Code:. (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- (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 (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 not require venting through a chimney and which does not permit the use of (v) “Gas-log fireplace” means a gas appliance equipped with an A.G.A and U.L. listed artificial-log unit 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. 3. Signs. Signs shall be permitted in all Planning Areas within The Village (at Avon) PUD provided they are in conformance with Design Review Guidelines, the terms and requirements of which comprise the sole and exclusive sign regulations within the Village (at Avon) PUD and expressly supersede any sign regulations set forth in the Municipal Code. All signage and streetscape improvements, including any future modifications to built signage and 999369.9999369.10 54 streetscape improvements, located within public rights-of-way within The Village (at Avon) shall be in conformance with the Manual of Uniform Traffic Control Devices for Streets and Highways. Except as otherwise provided in this Section J.3,2, the Design Review Board is the sole and exclusive authority for approval of signs within The Village (at Avon) PUD. The Town has approval authority with respect to confirming that signs and landscaping approved by the Design Review Board in the public rights-of-way within The Village (at Avon) PUD relating to safety and traffic control comply with the Manual of Uniform Traffic Control Devices for Streets and Highways. Off-site monumentation for The Village (at Avon) developed within Planning Areas A, C, J, OS3 and Tract B, Final Plat Village (at Avon) Filing 2 (a portion of Planning Area RMF-2), shall comply with the Design Review Guidelines, and conformance with such compliance shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for such monumentation. 3. 4. Parking Requirements. Parking, loading, access drive, mobility and connectivity within The Village (at Avon) shall be in conformance with Parking Regulations set forth in Exhibit C to this PUD Guide, which shall be the sole and exclusive parking regulations applicable within The Village (at Avon) PUD and which expressly supersede any parking, loading, access drive, mobility and connectivity regulations set forth in the Municipal Code, including without limitation, any additional or conflicting such provisions. 4. 5. Surface Parking Landscaping Requirements. A 10’ wide perimeter landscape buffer shall be installed and maintained for all outdoor surface parking lots within The Village (at Avon) PUD, except for points of ingress and egress to the parking lot, and except for those portions of the perimeter that abut existing or planned outdoor surface parking areas. The landscaping plan for such landscape buffers shall comply with applicable provisions of the Design Review Guidelines, and shall be subject to prior approval of the Design Review Board. 5. 6. Drainage Requirements. (a) In addition to the Town’s drainage provisions, the following provisions shall also apply to drainage: (i) Floodplains that are a result of manmade structures can be eliminated by enlarging the existing drainage conveyance facilities such that excessive backwater/floodplains would be diminished, but in no event shall such enlargement of existing facilities cause an increase in the 100-year flood level elevation on adjacent or downstream properties. (ii) If demonstrated that the release of flows directly into the Eagle River does not result in an increase of the 100-year flood level elevation of the Eagle River, such developed releases shall be allowed. This determination shall be based upon analysis of the Eagle River basin hydrograph and the site-developed hydrograph being combined. (b) In processing any Application for development within the Property, the Town shall incorporate the assumptions of the drainage study prepared by David Johnson for the Property (the “Johnson Study”) with respect to reducing the calculated stormwater flows, 999369.9999369.10 55 management and detention requirements based on the mitigating effect of vegetation within the Property. The assumptions set forth in the Johnson Study shall govern and control over an y conflicting provisions or assumptions in the Town’s drainage master plan; provided, however, if the Town amends its drainage master plan, which amendment results in less restrictive or less burdensome provisions than set forth in the Johnson Study, such less restrictive or less burdensome provisions in the Town’s drainage master plan shall apply to the Property. 6. 7. Sidewalk and Trail Standards. The minimum sidewalk and trail width standards shall be as follows: (a) Sidewalk: Except as set forth in Exhibit F, 4’ minimum width for local streets and 6’ minimum width for collector and arterial streets. (b) Multi-use trails: 8’ minimum width. 7. 8. Other Waivers. Other waiversAlternative Equivalent Compliance and Variances. Deviations from strict application of any applicable provision of Sections 7.28 (development standards) and 7.32 (engineering improvement standards) of the Development Code shall be considered by the Town on a case by case basis in accordance with (a) Section 7.16.120 (alternative equivalent compliance) of the Development Code, which waivers shall not be unreasonably withheld; or (b) Section 7.16.110 (variances) of the Development Code. Notwithstanding any provision of Section 7.16.120 of the Development Code to the contrary, the alternative equivalent compliance procedure shall be available for any provision of Section 7.28 and 7.32 of the Development Code. 9. Supplemental Design Standards. 8. (a) Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge Requirements. The following supplemental design and improvement standards shall apply to any Hotel, Motel and Lodge Uses developed within Planning Area J, and conformance with such supplemental design and improvement standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses: (a) (i) Excepting the rear building elevation, building elevations not readily visible from a public right-of-way and building elevations predominantly comprised of glass, a minimum of 20% of the vertical surfaces of the exterior building elevation shall be comprised of stone, concrete or masonry units (brick or split face block); (b) (ii) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding and plastic or vinyl siding is not permitted; (c) (iii) Pitch roofs are to be of unglazed concrete tiles, slate, copper, zinc or standing seem rusty metal (CorTen or equivalent); (d) (iv) Flat roofs shall have concrete pavers or natural colored stone as ballast, provided that grass roofs and solar and thermal collectors are permitted; 999369.9999369.10 56 (e) (v) All mechanical equipment (wall and roof mounted) shall be screened from view of the adjacent street level, and all vent terminations shall be consistent with adjacent materials; (f) (vi) All window frames shall be metal clad or alloy extrusions; (g) (vii) All window glazing shall be clear or tinted to blend with the environment. (b) Planning Area RMF-1 Monumentation Requirements. The following supplemental design standards shall apply to any off-site monumentation for The Village (at Avon) developed within Planning Areas A, C, J, OS3 and Tract B, Final Plat Village (at Avon) Filing 2 (a portion of Planning Area RMF-2), and conformance with such supplemental design standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for such monumentation: (i) [Applicant to provide supplemental design standards for Town review.] 10. Modifications to Building Envelopes. (a) Within all Planning Areas, on a Lot by Lot basis upon receipt of a proper application by the developer/owner of such Lot, the Design Review Board shall have the unilateral authority, without the requirement of any amendment to the applicable Final Plat or to this PUD Guide and/or the PUD Master Plan, to grant exceptions to: (i) The applicable Building Setback requirements by 20%. (ii) The applicable Building Height requirements by 20%. (iii) The applicable Site Coverage requirements by 20%. (iv) The applicable Lot Area requirements by 20%. (b) Notwithstanding the foregoing, the Design Review Board shall not have authority to expand the area of or relocate any Building Envelope within Planning Area K 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. 9. 11. Wildlife Mitigation Plan. TheDevelopment within The Village (at Avon) PUD shall comply with the Wildlife Mitigation Plan attached as Exhibit D to this PUD Guide, which is and shall constitute the sole and exclusive wildlife mitigation measures required for The Village (at Avon) PUD and expressly supersedes any wildlife mitigation regulations set forth in the Municipal Code. 10. 12. Design Review Guidelines. 999369.9999369.10 57 (a) The Master Developer previously has prepared, and the Design Review Board previously has adopted, a Design Review Guidelines which the Design Review Board utilities and shall utilize for review of all development proposals within The Village (at Avon). For portions of the Property south of Interstate 70 and all portions of the Property north of Interstate 70 other than Planning Area RMF-1 and Planning Area K, the Design Guidelines shall contain, at a minimum, the provisions set forth in Exhibit E to this PUD Guide. (b) The Master Developer or the Design Review Board may, in accordance with the terms and conditions of the Design Covenant and the Design Review Guidelines, as applicable, amend the approved and adopted Design Review Guidelines. Amendments to the Design Review Guidelines that do not conflict with any term of or are more stringent than any Development Standard established by this PUD Guide shall not require an amendment to this PUD Guide, and shall not require review by the Town. Amendments to the Design Review Guidelines which are less stringent than any Development Standard established by this PUD Guide may require an amendment to this PUD Guide which shall be administratively processed and decided upon by the Director pursuant to Section I of this PUD Guide. (c) The Design Review Board shall have primary responsibility for enforcing the Design Review Guidelines. If Council determines in good faith at a public hearing after notice to the Design Review Board (which notice shall be in writing and given no later than 20 days prior to the date of such hearing by certified mail addressed to the President of the Design Review Board) that the Design Review Board is not properly enforcing the Design Review Guidelines, Council shall provide written notice to the Design Review Board of such determination. Such notice shall state with particularity the alleged failure and Council’s factual findings supporting such determination. If the Design Review Board fails to correct the stated deficiency within thirty (30) days after receipt of such notice, Council may, but shall not be obligated to, enforce the Design Review Guidelines with respect to the matters addressed in the notice. (d) Nothing in this Section 1210 shall be deemed to prevent Master Developer and/or the Design Review Board from appealing to the courts the disapproval of the Design Review Guidelines by the Town or enforcement of the Design Review Guidelines, or from pursuing in the courts any remedy otherwise available at law or in equity. 13. 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 proposed subdivision shall be protected in its natural state with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities and roadway crossings may be located in such protected area provided, that there is no practical 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. The foregoing constitute the sole and exclusive stream setback requirements for The Village (at Avon) PUD and expressly supersedes any stream setback regulations set forth in the Municipal Code. 999369.9999369.10 58 11. Natural Resource Protection. Development within The Village (at Avon) PUD shall comply with Section 7.28.100 of the Development Code, except as set forth in this section or expressly exempted in Exhibit G to this PUD Guide. Notwithstanding any contrary provision of the Municipal Code, as in effect from time to time, development within The Village (at Avon) PUD may occur on slopes of 30 percent or greater for public improvements, other infrastructure improvements, streets, drive lanes, driveways, utilities and similar improvements. 12. 14. Residential Fire Suppression Systems. All single-family and multi-family residential structures constructed in Planning Area RMF-1 and in Planning Area K shall include appropriate fire suppression systems pursuant to applicable Eagle River Fire Protection District regulations in effect from time to time and applied on a uniform and nondiscriminatory basis within the Town, and as approved by the Design Review Board. 13. 15. Park, Recreation and Trail Access. All parks, recreation and trails facilities the construction, maintenance and operation of which the “Districts” (as described in Section ____ of the Development Agreement) finance shall be open, on a uniform and nondiscriminatory basis, to all residents of the Town at such times and subject to such rules and regulations as the Districts shall prescribe. Additionally, the Master Developer shall facilitate, but shall have no obligation to construct or install, non-motorized access through the Property to off-site trail systems as follows, which obligations shall constitute the sole and exclusive : (a) Master Developer previously has provided a public trail head location in Planning Area RMF-2, connected by a trail to United States Forest Service property located north of Planning Area OS1, and Master Developer’s obligations with respect to public trail connectivity between Planning Area RMF-2 and Planning Area OS1 have thereby been fully satisfied as of the Effective Date; and (b) Master Developer shall facilitate, but shall not have the obligation to construct, a trail, sidewalk and/or road to be oriented on a generally east-west axis, and which shall cross the Property solely through Planning Areas I, J, P4, RMF-2 and the most southerly quarter section of Planning Area K. Master Developer shall determine in its sole discretion the location within the Property of such trail, sidewalk and/or road. 14. 16. Affordable Housing Plan. Master Developer will provide for affordable housing within the Property at locations determined by Master Developer in its sole discretion and in accordance with the following terms, conditions and requirements, which obligations shall constitute the sole and exclusive : (a) Master Developer will provide a total of 500 affordable housing units, or assure that the same are supplied by others, as set forth below. As of the Effective Date, Master Developer has provided 244 affordable housing units, and, therefore, Master Developer’s 999369.9999369.10 59 obligation after the Effective Date is to provide the remaining 256 affordable housing units [500 – 244 = 256]. (b) Priority in the sale and rental of the units will first go to people employed in the Property, second to people employed in the Town outside of the Property, and third to people employed in Eagle County outside of the Town; provided, however, that within Planning Area RMF-2 the priority in the rental of units qualified as required affordable housing units will first go to people employed in the Town and second to people employed in Eagle County outside of the Town. (c) For-sale units will be targeted to households earning 80% - 120% of the Eagle County Median Family Income (the “ECMFI”) as determined by the Department of Housing and Urban Development guidelines or by the Town in the event such guidelines cease to be maintained by the Department of Housing and Urban Development. Not more than fifty percent (50%) of such units may be targeted for sale to households earning 120% of the ECMFI. (d) For-sale units shall be deed restricted to require the following: (i) The sale of units shall be restricted to “Qualified Buyers,” defined as follows: (1) An owner who occupies the unit as his or her primary place of residence; (2) An owner who is a full time employee working at least thirty hours per week in the Town or Eagle County, or a retired person who has been a full time employee in the Town or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in the Town or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them; (3) An owner whose household income does not exceed 120 percent of the ECMFI; and (4) An owner whose total current family net assets are not in excess of $225,000.00 ($337,500.00 for a retired person) or whose total current family net assets have not been in excess of $225,000 ($337,500 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index (the “CPI”). For purposes of this subparagraph (4), the CPI shall mean Series ID: CUUSA433SA0 (All Urban Consumers; Not Seasonally Adjusted; Denver- Boulder-Greeley, CO; All items; Base Period 1982-84=100; 1st half of 1998 = 160.5). (ii) An annual price appreciation cap of 3%, or such higher percentage as the Town Council may approve from time to time, will be established. 999369.9999369.10 60 (iii) If and when an owner moves out of his or her unit, he or she will be required to sell his or her unit to Master Developer 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 Master Developer. (vii) First time home buyers shall be exempt from Real Estate Transfer Fees as set forth in the Development Agreement. 15. 17. Provision of Certain Amenities. Except as otherwise provided in the Development Agreement, the requirements of this Section J.17 fully satisfy the Master Developer’s and the Developer Affiliates’ obligations with respect to provision of parks and public amenities within and in connection with The Village (at Avon) PUD: (a) Community Park (Planning Area P3). (i) Construction of the initial fifty percent (50%) of the community park shall be commenced prior to the date that the Town’s obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 601st Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town’s obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (b) Pocket Parks (Planning Areas P1 and P2) and Bike Trails: (i) As of the Effective Date, the Master Developer and the Developer Affiliates have fully satisfied all obligations with respect to provision of a pocket parkspark within The Village (at Avon) PUD.Planning Area P2. 999369.9999369.10 61 (ii) The Master Developer and/or Developer Affiliates shall dedicate to the Town a pocket park generally comprising Planning Area P1 contemporaneously with the Town’s approval of the first Final Plat within Planning Area C, provided that any and all improvements to and within Planning Area P1 shall be the sole responsibility of the Town. (c) Additional Parkland Dedication (Planning Areas K, J and I). The Master Developer and/or Developer Affiliates shall dedicate certain additional parkland to the Town within Planning Areas K, J and I as and when set forth in Section ___ of the Development Agreement. Unless waived by the Director, such parkland shall comply with the following minimum requirements: (i) Minimum one quarter (1/4) acre in size; (ii) Centrally located within, adjacent or to neighborhoods served; (iii) Sited to provide for public surveillance from adjacent or nearby streets; (iv) Accessible from the surrounding neighborhoods by sidewalks and/or trails; and (v) Unless dedicated for linear park purposes (i.e., multi-use trails, bikepaths, etc.), at least 50% of the dedicated parkland shall be well-drained, level and suitable for playing fields and recreational facilities. (d) (c) Planning Area B. (i) Contemporaneously with the Effective Date and as contemplated by the Settlement Term Sheet, the Town has approved a Final Plat for Planning Area B and Traer Creek-RP has executed and delivered to the Town a special warranty deed for the purpose of conveying to the Town fee simple ownership of Planning Area B, subject to the terms and conditions set forth in the special warranty deed and further subject to compliance with all applicable terms, conditions, regulations and requirements of this PUD Guide and the Design Covenant. (ii) At such time as the Town determines desirable, the Town shall be responsible for the cost of all design, construction, operation and maintenance of improvements within or upon Planning Area B. All such Uses and improvements within or upon Planning Area B shall be subject to review and written approval of the Design Review Board. (iii) As and when Master Developer determines it to be necessary or desirable in connection with development within Planning Areas that abut or are adjacent to Planning Areas B and upon submittal of an Application for such purposes, the boundaries of Planning Area B shall be modified pursuant to the administrative platting procedures set forth in Section H of this PUD Guide, subject to the following qualifications: 999369.9999369.10 62 (1) The Town has not previously constructed improvements within or upon Planning Area B that make such modifications impossible or that would cause such modifications to unreasonably interfere with the Town’s operation and use of such previously constructed improvements. (2) Such modifications shall not result in a reduction in the aggregate acreage of Planning Area B without the Town’s written consent. (3) Concurrently with recording such Final Plat, the Town and the Applicant(s) shall exchange special warranty deeds conveying the applicable modified areas to the appropriate grantee, subject to matters of record and deed restrictions, if any, reasonably acceptable to the applicable grantee. (4) Such modifications may be accomplished as part of an Final Plat that establishes Lots, Block or Superblocks with respect to the adjacent or abutting Planning Area(s), in the discretion of the Applicant. 999369.9999369.10 A-1 EXHIBIT A Legal Description Lots 2, 3 and 4, and Tracts B and E, Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 795007; Lots 1, 5 and 6, and Tracts A, C, D, F and G, Amended Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 898173; Lots 1 through 5, inclusive, and Tracts A through H, inclusive, Final Plat, The Village (at Avon) Filing 2, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 796831; Tracts A, D, E, G and H, Final Plat, The Village (at Avon) Filing 3, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776; and Tracts B and F, Amended Final Plat, The Village (at Avon) Filing 3, A Reconfiguration of Tracts B and F, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 200712166. TOGETHER WITH THE FOLLOWING PARCEL (OS5): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-way line, described as follows: Beginning at the N 1/4 corner of said Section 17; thence S89 23'36"E 526.76 feet, along the northerly line of said NE 1/4 of Section 17, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said northerly line of Section 17, the following two courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80 36'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to the right, having a radius of 2486.03 feet, a central angle of 06 04'58", and a chord which bears S83 38'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00 20'55"W 78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (OS6): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: 999369.9999369.10 A-2 Beginning at the Northeast corner of said Section 17; thence S01 41'49"E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, S01 41'49"E 73.07 feet, to the centerline of said Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89 24'49"W 1037.9 feet; (2) N86 07'49"W 472.00 feet; (3) N89 29'49"W 538.00 feet; (4) S82 33'11"W 595.15 feet, to the westerly line of said NE 1/4; thence N00 20'55"W 49.18 feet, along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad, said southerly right-of-way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06 11'51", and a chord which bears N83 42'23"E 279.58 feet; (2) N80 36'27"E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12 24'07", and a chord which bears N86 48'31"E 685.10 feet; (4) S86 59'25"E 1216.38 feet; (5) 112.54 feet along the arc of a curve to the right, having a radius of 2549.33 feet, a central angle of 02 31'46". and a chord which bears S85 43'31"E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (EAST PARCEL): Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 8; thence the following four courses along the northerly line of said Section 8: (1) N88 40'41"E 1379.49 feet, to the W 1/16 corner of said Section 8 and Section 5 of said Township and Range; (2) N88 40'41"E 1379.49 feet, to the 1/4 corner of said Sections 8 and 5; (3) N88 42'58"E 1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4) N88 42'58"E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83 29'30"E 1386.63 feet, to the W 1/16 corner of said Sections 9 and 4; (2) N83 29'30"E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83 24'12"E 1386.30 feet, to the E 1/16 corner of said Sections 9 and 4; (4) N83 24'12"E 1386.30 feet, to the corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the following two courses along the northerly line of said Section 10: (1) N86 39'24"E 1381.29 feet, to the W 1/16 corner of said Sections 10 and 3; (2) N86 39'24"E 1299.94 feet; thence, departing said northerly line, S01 34'07"W 2699.66 feet, to the east-west centerline of said Section 10; thence, along said east-west centerline, S86 32'23"W 1304.06 feet, to the W 1/16 corner of said Section 10; thence S01 32'50"W 1349.33 feet, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, to the SW 1/16 corner of said Section 10; thence S86 32'47"W 1384.91 feet, along the southerly line of said NW 1/4 SW 1/4, to the S 1/16 corner of said Sections 10 and 9; thence S77 10'15"W 1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said Section 9, to the SE 1/16 corner of said Section 9; thence S01 33'02"W 1475.32 feet, along the easterly line of the SW 1/4 SE 1/4 of said Section 9, to the E 1/16 corner of said Section 9 and Section 16 of said Township and Range; thence S72 20'31"W 1450.43 feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4 corner of said Sections 9 and 16; thence N01 34'18"E 1601.52 feet, to the CS 1/16 corner of said Section 9; thence S86 07'30"W 1378.19 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, to the SW 1/16 corner of said Section 9; thence S01 33'13"W 1506.37 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 999369.9999369.10 A-3 9, to the W 1/16 corner of said Sections 9 and 16; thence N89°55’04”W 1371.96 feet, along the southerly line of said SW 1/4 SW 1/4 to the section corner of said Sections 8, 9, 16, and 17 of said Township and Range; thence N01°32’00”E 3.82 feet, along the westerly line of Section 9, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks; thence the following two courses along said northerly right-of-way line: (1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02°15’34”, and a chord which bears N85°51’36”W 104.47 feet; (2) N86°59’25”W 1213.28 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51’07”E 1337.77 feet, along said westerly line, to the SE 1/16 corner of said Section 8; thence N89 54'54"W 1333.58 feet, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the CS 1/16 corner of said Section 8; thence N89 58'35"W 1366.46 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to the SW 1/16 corner of said Section 8; thence S00 01'37"E 919.47 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 8, to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following ten courses along said northerly right-of -way line: (1) N65 30'20"W 249.79 feet; (2) N78 47'50"W 317.2 feet; (3) N83 08'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 feet, a central angle of 30 15'52", and a chord which bears N54 57'56"W 763.3 feet; (5) N34 37'50"W 331.1 feet; (6) N34 44'20"W 368.5 feet; (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet, a central angle of 25 27'04", and a chord which bears N51 29'50"W 798.3 feet; (8) N68 24'50"W 399.7 feet; (9) N49 47'20"W 213.6 feet; (10) N70 20'50"W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the following two courses along said northerly line: (1) N89 50'40"E 1194.46 feet, to the CE 1/16 corner of said Section 7; (2) N89 50'40"E 1378.25 feet, to the 1/4 corner of said Sections 7 and 8; thence the following two courses along the westerly line of said Section 8: (1) N00 10'53"W 1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00 10'53"W 1369.10 feet, to the point of beginning. EXCLUDING from above The Village (at Avon) Filing 3 according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776. Said East Parcel containing 1366.95 acres, more or less, with The Village (at Avon) Filing 3 area subtracted. All of the above-described Property containing 1,780 acres, more or less. 999369.9999369.10 B-1 EXHIBIT B PUD Master Plan [to be inserted] 999369.9999369.10 C-1 EXHIBIT C The Village (at Avon) Parking Regulations 999369.9999369.10 C-2 999369.9999369.10 C-3 999369.9999369.10 C-4 999369.9999369.10 C-5 999369.9999369.10 C-6 999369.9999369.10 C-7 999369.9999369.10 D-1 EXHIBIT D Wildlife Mitigation Plan 1. Introduction. This Wildlife Mitigation Plan was developed to avoid, minimize, and mitigate wildlife impacts resulting from The Village (at Avon) development proposal. The specifics contained herein have evolved from existing wildlife information, results of field surveys, discussions, meetings, and site visits with Colorado Division of Wildlife (“CDOW”) representatives, and meetings and discussions with staff and professionals representing owners. 2. Wildlife Mitigation Plan. The Master Developer and Developer Affiliates, their respective successors or assigns, including the possibility of one or more homeowners or property owner association(s), and/or one or more public improvement companies (any of which shall be referred to as an “Association”), which have been or may be formed and which may undertake the Master Developer’s and Developer Affiliates’ responsibilities under this Agreement, hereby agree to the following stipulations in conjunction with The Village (at Avon) PUD. 3. Winter Range Compensation. (a) To compensate for the Elk Winter Range habitat loss associated with the development, a private The Village (at Avon) Wildlife Trust Fund (“Fund”) shall be established at or before the issuance of the first building permit associated with residential development north of I-70. Interest generated by this Fund shall be spent only in Game Management Unit 36 or 35 to benefit animals in the herd actually affected by winter range loss north of I-70. Furthermore, interest generated by this Fund shall only be used to actually implement enhancement efforts. The Fund shall not be used to pay for Fund administration, consultants, and other incidental expenses. Disbursement and use of funds shall be overseen by an Association. CDOW participation shall be requested at meetings where habitat enhancement is being considered. Fund disbursement may include payments to the CDOW or a similar trust fund (e.g., the Colorado Wildlife Heritage Foundation) to allow the CDOW to coordinate enhancement efforts in the Eagle Valley. This approach should help maintain the functional value of the affected winter range, (b) Fund principal shall be based on winter range losses associated with the development. At full build-out, The Village (at Avon) development would encroach upon 155 acres of native habitat on the property designated elk winter range. Compensation is based on (a) the loss of 155 acres of winter range; (b) the need to treat (via aerial fertilization) 1.57 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected; (c) current fertilization costs of $65.00/acre (in 1998 dollars); and (d) an interest rate of 5%, which would require $5,275.98 to implement the enhancement in 1998. Fund principal required to generate this amount of interest every three years would require a one-time payment of principal totaling $105,519.70 (in 1998 dollars). This amount shall be deposited into the Fund upon the Fund’s establishment. 4. Setbacks. 999369.9999369.10 D-2 (a) A 100-foot setback from the closest edge of Building Envelopes of conceptual Lots 76, 78, 80, 81, 82, 86, 87, 96, 97, 109, 110, 119 and 120 adjacent to U.S. Forest Service lands along the northern property boundary of Planning Area K to both buffer residential activities from public lands and public activities (e.g., principally hunting and other recreational uses) from the adjacent residences shall be provided. (b) The stream setback provisions set forth in Section J.13 of The Village (at Avon) PUD shall apply to The Village (at Avon). Impacts to jurisdictional wetlands shall be protected by the Clean Water Act. 5. Building Envelopes. (a) Building envelopes and rules governing the location and distribution of all structures, surrounding yards, and all disturbance to native vegetation, with the exceptions of utilities, driveways, etc., for single-family Residential Uses north of I-70 are set forth in Section D (Development Standards) of The Village (at Avon) PUD and are governed by The Village (at Avon) PUD. It is the intent that Building Envelopes in Planning Area K be clustered to concentrate disturbance areas and leave large blocks of undeveloped habitat. This measure helps insure that development follows a design minimizing habitat losses and facilitating continued wildlife movements through, and use of, the Property. No vegetative manipulation shall be permitted outside of designated Building Envelopes except as allowed by the PUD Guide and/or where manipulation is required as part of any valid wildlife enhancement program, as authorized to reduce wildfire potential, or for access roads, driveways, parking areas and utility installation. The objective of this measure is to minimize the amount of natural habitat loss and maintain existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. Homeowners shall be educated to appreciate and maintain the existing vegetative community, particularly forests and shrubby areas which provide critical wildlife cover and forage values. (b) Upon conceptual Lots 90-113 any required tree/shrub clearing for wildfire mitigation shall be contained within the designated envelope. (c) The area of fertilized, irrigated landscaping each Dwelling Unit is permitted to have shall be restricted to ≤ 5,000 square feet. Residents shall also be educated to recognize that they have moved into wildlife habitat, that some wildlife shall have strong compulsions to eat what homeowners plant, and that the CDOW shall not be liable for wildlife damage to landscaping. 6. Open Space. (a) Approximately 483 acres (OS-1 and a portion of Planning Area K as set forth on the PUD Master Plan) north of I-70 have been designated as open space. These areas include some of the most valuable winter range, migration corridors, and other important wildlife habitat on the Property. It is the intention that OS-1 and at least 384 acres of Planning Area K function primarily as wildlife habitat. Other subdivision uses may occur in these areas, however, these areas shall be preserved primarily in their undeveloped condition and managed to further enhance wildlife values. 999369.9999369.10 D-3 (b) In addition, the portion of Planning Area K that shall be located within future Lots for single family Residential Use but outside of the future designated Building Envelopes of those Lots shall function as private open space. To facilitate habitat management and enhancement on these Lots and as an additional measure precluding development outside of envelopes, areas on all such Lots outside of designated Building Envelopes and easements north of I-70 shall be protected as open space under provisions of The Village (at Avon) protective covenants to be recorded in connection with future subdivision of Planning Area K. 7. Main Deer Movement Corridor. The Village (at Avon) agrees to maintain a deer movement corridor of a minimum width of 800 feet between the western edge of the Building Envelope for conceptual Lots 112 and 113 and the eastern edge of the Building Envelopes for conceptual Lots 108, 110 and 111 as depicted on the PUD Master Plan. No amendment to the location of these Building Envelopes shall be permitted that results in any encroachment into this 800’ wide designated movement corridor. 8. Roads North of Interstate Highway 70. (a) Road design and use through portions of The Village (at Avon) has the potential to disrupt migratory elk movements, local elk movements, and affect habitat use. The posted speed limit (25 mph) is generally slow enough to avoid most wildlife mortality; however, residents, guests, and contractors frequently exceed posted speed limits in similar, adjacent residential developments. The Village (at Avon) roads shall be designed to incorporate features requiring low vehicle speeds to reduce road-kill mortality and facilitate migratory movements across roads. (b) Road widths shall be as set forth in Exhibit E (Street Standards) to the PUD Guide to force slower operating speeds and adjusted to the number of residences being served by the road. There shall be no bike lanes or paved road shoulders beyond conceptual Lot 84. Cut and fill slopes in the vicinity of the main migration corridor and along gulches may require additional grading or design to facilitate wildlife movements. Any necessary guard rails installed along road sections within wildlife corridors shall be designed to allow wildlife movements. Standard guard rails restrict wildlife movements and can increase wildlife-vehicle collisions. Signage providing for restricted access to all single family Residential Uses within Planning Area K shall be installed. 9. Trails. (a) With the exception of public access through the Property along an existing trail through OS-1, there shall be no public access through the Property to U.S. Forest Service lands to the north. Public access and access for The Village (at Avon) along the trail through OS-1 shall be limited to foot traffic only. Seasonal restrictions shall be associated with this trail to ensure use is compatible with important wildlife use on and adjacent to the Property (see below). (b) No other trails shall be developed within the Protected Wildlife Habitat (defined below in Section 10) on the Property without the agreement of the CDOW, except for 999369.9999369.10 D-4 an access trail/path/emergency vehicle access connecting Planning Area RMF-2 to OS-2 and P- 3. 10. Seasonal Use Restrictions. Seasonal use restrictions shall be imposed and enforced on homeowners, guests, employees, and the public to optimize wildlife use on and adjacent to the Property. (a) General Protected Wildlife Habitat Restrictions. Recreational uses of OS- 1 and the open space areas of Planning Area K (hereinafter “Protected Wildlife Habitat” or “PWH”) shall be restricted during the winter range occupancy period extending from December 15 to April 15. Recreational use, including nordic skiing, hiking, bicycling, equestrian use, etc., within these areas should be restricted from the above defined PWH from December 15 to April 15. (b) Additional Restrictions Within the Main Deer Movement Corridor. (i) In addition to the seasonal, winter range-related restrictions presented above in Section 10(a), road and home construction activities east of Traer Creek, within the designated 800’ wide main deer movement corridor, shall be restricted to reduce conflicts with deer migration. Road construction within the designated 800’ wide corridor is prohibited during the spring (May 1 to June 15 [dates inclusive]) and fall (October 1 to December 1 [dates inclusive]) migration periods. The purpose of this measure is to eliminate disturbances (i.e., human activity) and barriers (e.g., incomplete cut and fill slopes) within the migration corridor that could alter movements. (ii) Home construction on conceptual Lots 105-112 could occur throughout the year, however, daily outdoor construction periods on individual lots (excluding construction worker travel (i.e., arrival and departure) shall be restricted to the period between 6:30 a.m. and 5:30 p.m. hours during spring migration (defined above) and 7:30 a.m. and 4:15 p.m. hours during fall migration (defined above). This shall facilitate the largely nocturnal and crepuscular migration to occur through the existing corridor with reduced human disturbance. (c) Access Restrictions to U.S. Forest Service Lands. To protect spring deer migration and elk winter range, migration, and calving values on U.S. Forest Service lands north of The Village (at Avon), the public trail running through OS-1 shall be closed to all use from December 15 to June 30, dates inclusive. (d) Enforcement. These seasonal/areal restrictions shall be enforceable by the Master Developer, the Developer Affiliates and/or Association(s), as applicable. Homeowners shall also be educated about these closures on and adjacent to the Property via a “Living with Wildlife” homeowners book. Furthermore, because these conditions are part of The Village (at Avon) PUD, the Town, CDOW, and U.S. Forest Service may also enforce these restrictions, within their respective jurisdictions. 11. Reclamation/Landscaping. 999369.9999369.10 D-5 (a) Native wildlife habitats disturbed by construction activity outside of Building Envelopes in PWH should be reseeded or replanted with those native plant species originally present. Where service access is required, the re-planting of trees could be excluded from utility corridors. Re-planting along road shoulders can exclude trees and shrubs to maximize vertical and horizontal sight-distances and reduce the probability of road-killed wildlife. Vehicle speeds within the development on roads north of I-70 should be slow enough that road shoulders could be reseeded with plants palatable to big game without increasing the probability of road-kills. (b) Homeowners are strongly encouraged to landscape with native plant species to avoid wildlife damage. The CDOW shall not be liable for wildlife damage to landscaping. The Design Review Board shall provide a list of suitable landscaping materials, their maintenance and protection, to homeowners. 12. Dogs and Pet Control. (a) Owners of each residential lot shall be permitted to harbor up to two dogs and offspring up to three months old. Residents shall be prohibited from harboring dogs outside on their property unless they have adequate facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent to the home, within the applicable Building Envelope, and shall not exceed 1,000 square feet. Homeowners are encouraged to completely cover runs (including tops) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain the resident’s dog(s), the animals shall be immediately removed from the subdivision until adequate structures can be built. (b) At no time are dogs to be allowed to run freely anywhere on the Property. When dogs move beyond their owner’s property line, the dog must be controlled by a leash of no more than 12 feet in length, under the direct control of its owner or authorized representative. Visitors shall be discouraged from bringing dogs on-site. (c) The Master Developer, Developer Affiliates and/or Association(s), as applicable, shall be responsible for enforcing the dog and pet covenants set forth herein. Stray dogs may also be controlled by the Town and CDOW. Homeowners not in compliance with these dog restrictions shall be responsible for any and all costs incurred by the Master Developer, Developer Affiliates, Association(s), the County of Eagle and/or CDOW for enforcing these provisions. (d) Homeowners should be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. (e) Contractors shall be prohibited from bringing dogs onto the Property, even if they would be kept inside vehicles. 13. Fencing. (a) Fencing within The Village (at Avon) north of I-70 shall be restricted to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Fencing approval shall be under the purview of the Design Review Board. 999369.9999369.10 D-6 Homeowners shall be permitted a 6’ high privacy fence to enclose up to 2,500 square feet, provided it is immediately adjacent to the house and it is entirely within the designated Building Envelope, unless specifically approved by the Design Review Board. All other fencing shall be prohibited. Where fencing is required to be installed to restrict domestic livestock on adjacent properties, it shall be compatible with wildlife movements and conform to the following specifications: (i) Wildlife compatible fencing is permitted to a maximum of 3 strands of wire (smooth wire preferred) or 3 rails. Rails shall not be more that 4 inches tall. (ii) The top rail or wire strand shall not be higher than 42 inches above mean ground level. With the exception of a split rail design, a rail fence shall not have a top rail oriented horizontally whose width perpendicular to the ground exceeds 1 inch. This measure is to prevent snow accumulation on the top rail from restricting big game movements. (iii) The middle wire strand shall be no higher than 30 inches above mean ground level, providing a 12 inch kickspace below the top strand. (iv) The bottom rail or wire strand shall be at least 18 inches above mean ground level, to provide sufficient clearance for passage of elk calves, deer fawns, and other wildlife. (b) Fencing may be subject to more restrictive provisions as stated in the Design Guidelines. 14. Bears and Mountain Lions/Trash Removal/Nuisance Wildlife. (a) Bear and Related Issues. The following measures shall be required to reduce potential bear problems: (i) There shall be no outside storage of any trash or garbage, no matter how briefly (e.g. overnight), at any Dwelling Unit or anywhere within the development, unless it is contained within individual bear-proof containers which meet North American Bear Society, CDOW or U.S. National Park Service specifications. (ii) Prior to disposal, any refuse that might attract bears should be kept within the garbage in a suitable receptacle with a tight-fitting lid. Refuse should not be kept within detached garages or sheds because these structures are more likely to be broken into by bears. Trash containers should be taken to the collection points (e.g., the end of the driveways) the morning of collection and not put out the night before. (iii) There shall be no dumps or underground disposal of refuse within The Village (at Avon). Buried garbage may attract bears. (iv) Residents should be discouraged from using a garden compost pile, unless the compost pile is bear-proof, meeting North American Bear Society, CDOW or 999369.9999369.10 D-7 U.S. National Park Service specifications. Residents shall also be educated that household and garden waste contributions to compost piles compose the materials that can attract bears and other nuisance wildlife (e.g. skunks), creating conflicts. Composted yard waste consisting of leaves, grass, small branches, etc. do not usually attract bears. (v) Pets shall not be fed outside. Bowls of pet food left on the back deck may attract bears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry diseases that can be transmitted to pets. (vi) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. (vii) Homeowners shall be educated about bears and other local wildlife via the CDOW’s brochure entitled “Living with Wildlife in Bear Country.” One copy of the brochure shall be provided to each homeowner at closing. (b) Mountain Lions. (i) All residents and perspective residents shall receive a copy of the CDOW’s brochure entitled “Living with Wildlife in Mountain Lion Country.” One copy of the brochure shall be provided to each homeowner at closing. (ii) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. 15. Horses. Except as may be permitted in the PUD Guide and except for pre- existing uses, there shall be no boarding of horses or other livestock, including but not limited to llamas, on individual Lots or community facilities within the Property. Any horses owned by residents of the Village (at Avon) shall be boarded off-site. Residents of The Village (at Avon) shall not be permitted a temporary “saddle-up” area, corral, or other fenced areas to allow horses to be kept overnight, over a weekend, or for any length of time on their Lot. 16. Wildlife Mortality on Local Roads. (a) Posted vehicle speed limits on proposed roads within The Village (at Avon) north of I-70 shall be as set forth in Exhibit E (Street Standards) to the PUD Guide. To reduce road mortality associated with speeding, road design is recommended (see Section 7 above) to force motorists to obey the speed limit. (b) The Village (at Avon) is also accessed by high speed roads, including I-70 and Highway 6, where moderate numbers of deer and elk are killed by vehicles each year. Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. The Village (at Avon) residents should be educated about avoiding wildlife mortality on roads in any educational information that is developed. 999369.9999369.10 D-8 17. Hunting. Hunting is the primary management tool the CDOW uses to balance wildlife populations with available habitat. Inadequate hunter access and/or hunter harvest shall allow populations to grow, increasing game damage on the Property and adjacent properties. Hunting by authorized residents of The Village (at Avon) or guided guests, could continue on the Property as long as safely allowed. However, it is required that all prospective hunters must receive written permission to hunt a specified area by the Master Developer or its designee. Secondly, the Master Developer shall decide what type and level of hunting, if any, is compatible with development, what areas may be safely hunted, and when all hunting on the Property shall be terminated as the Property builds out. 18. Educating Residents. Homeowners shall be educated about wildlife issues within the Property by providing each homeowner one copy of this Wildlife Mitigation Agreement at the time of closing and copies of the CDOW bear and mountain lion brochures. Other wildlife- related education sources could include a “Living with Wildlife” book similar to that prepared for other surrounding subdivisions located in sensitive wildlife habitats. 999369.9999369.10 E-1 EXHIBIT E Minimum Design Guideline Standards 999369.9999369.10 E-2 999369.9999369.10 E-3 999369.9999369.10 E-4 999369.9999369.10 E-5 999369.9999369.10 E-6 999369.9999369.10 E-7 999369.9999369.10 E-8 999369.9999369.10 E-9 999369.9999369.10 E-10 999369.9999369.10 E-11 999369.9999369.10 E-12 999369.9999369.10 F-1 EXHIBIT F Street Standards 1. Street Design and Improvement Standards. Development within The Village (at Avon) shall comply with the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code, as modified by the standards set forth in this Exhibit F. (a) Street Descriptions and Types. a. Post Boulevard (constructed): this Urban Arterial Road extends south from Swift Gulch Road (constructed) to US 6 and has an interchange with I- 70. Curb, gutter, and attached sidewalks are provided along both side of the roadway, and on the eastern side only between Fawcett Rd. and Yoder Ave., within a 84’ - 100’ R.O.W. The posted speed limit on Post Boulevard is 30 MPH, changing to 35 MPH at the north end. b. Yoder Avenue (constructed): this Urban Collector Cul-de-sac Road extends east from Post Boulevard (constructed) to the Cul-de-sac. Curb, gutter, and attached sidewalks are provided along both sides of the roadway, and on the south side only from Fawcett Road to the cul-de-sac, within a 60’ R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH. c. Fawcett Road (constructed): this Urban Collector Road extends between Post Boulevard (constructed) and Yoder Avenue (constructed). Curb, gutter, and sidewalk are provided along both sides of the roadway, and along the western side only from the Wal-Mart entry to Yoder Ave., with-in a 60’ – 71’ R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH. d. East Beaver Creek Boulevard (temporary): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). The posted speed limit of 30 MPH. (1) No commercial through traffic shall be permitted. e. Swift Gulch Road (constructed): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). An 8’ wide multi-use trail exists with-in the varying width R.O.W. f. East Beaver Creek Boulevard (conceptual): this Rural Local Road extends from Avon Road at the western edge of Lot 1, to Post Boulevard (constructed). Hard shoulders shall be provided within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of East Beaver Creek Blvd. 999369.9999369.10 F-2 (1) No commercial through traffic shall be permitted. (2) Provided that East Beaver Creek Boulevard does not connect to Post Boulevard, cul-de-sacs may exceed 1,000 feet in length and serve not more than 450 Dwelling Units; The portion of such cul-de-sacs serving 250 or more Dwelling Units shall be constructed to Rural Collector Road, and the portion of such cul-de-sacs serving less than 250 Dwelling Units shall be constructed to Rural Local Road. g. Main Street (conceptual): this Urban Local Road extends from the western edge of Lot 1 at Chapel Place to the roundabout at Post Boulevard (constructed). Curb, gutter, and sidewalk shall be provided along both sides of the roadway, within a 50’ (min.) R.O.W. for the eastern and western segment, and 80’ (min.) R.O.W. for the central segment as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Main Street. h. Swift Gulch Road (conceptual): this Rural Local Road extends east from the roundabout at Post Blvd. (constructed) through Planning Area J, the United States Forest Service parcel, to Planning Area I. Hard shoulders shall be provided within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Swift Gulch Road. i. Road A (conceptual): this Urban Local Road extends from East Beaver Creek Blvd. (conceptual) to Main Street (conceptual). Curb, gutter, and sidewalk shall be provided along both sides of the roadway, within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road A. (1) No commercial through traffic shall be permitted. j. Road B (conceptual): this Urban Local Road extends from the western roundabout of Main Street (conceptual) to the eastern roundabout of Main Street (conceptual). Curb, gutter, and sidewalk shall be provided along one side of the road, within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road B. (1) No commercial through traffic shall be permitted. (2) At the option of the applicant this may be designated as a one-way street. 999369.9999369.10 F-3 k. Road C (conceptual): this Urban Local Cul-de-sac Road extends north from the eastern roundabout of Main Street (conceptual) to the cul-de-sac. Curb, gutter, and sidewalk shall be provided along both sides of the road, within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road C. l. Road D (conceptual): this Rural Local Cul-de-sac Road extends east from East Beaver Creek Blvd. (conceptual) to the cul-de-sac. Hard shoulders shall be provided, within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road D. m. Road E (conceptual): this Rural Local Cul-de-sac Road extends north and east from the roundabout at Post Blvd. (constructed) and Swift Gulch Rd. (constructed) to the cul-de-sac. Hard shoulders shall be provided, within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road E. n. Spur Roads F-N (conceptual): these Rural Local Cul-de-sac Roads extend from Road E (conceptual) to their cul-de-sacs. Hard shoulders shall be provided, within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portions of Roads F-N. o. Roads located within Planning Areas I, K, and RMF-1 (conceptual): Any additional roads not currently designated shall be Rural Local Roads with hard shoulders within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (b) Modifications to Street Standards. (i) Minimum Driving Surface: a. Roads within Planning Area K east of conceptual Lot 84: 20 feet b. All other roads: 22 feet (ii) Minimum Shoulder: 2 feet each side, paved a. Shoulders shall not be required if curb and gutter are installed. Median areas shall not require a sidewalk and, if curb and gutter is installed, shall not require a shoulder. 999369.9999369.10 F-4 (iii) Design Speed: 30 MPH except as listed below a. Post Boulevard (constructed): 35 MPH b. East Beaver Creek Boulevard (temporary): 35 MPH c. Spur roads F – N (conceptual): 25 MPH (iv) Posted Speed: 25 MPH except as listed below a. Post Boulevard (constructed): 30 MPH b. East Beaver Creek Boulevard (temporary): 30 MPH c. Spur roads F – N (conceptual): 20 MPH (v) Maximum Grade: 6% except as listed below a. East Beaver Creek Blvd.: 8%, provided that: (1) the grade is not maintained for a distance in excess of 500 feet; and (2) no spur roads or driveways will have access points during the run of 8%. It is an acceptable approach to reduce the grade to 6% at the spur road or driveway access points and then increase the grade back to 8%. b. Swift Gulch Road (conceptual): 10%, provided that: (1) the grade is not maintained for a distance in excess of 800 feet; and (2) no spur roads or driveways will have access points during the run of 10%. It is an acceptable approach to reduce the grade to 8 1/2% at the spur road or driveway access points and then increase the grade back to 10%. c. Spur Road F (conceptual): 10% d. Road E (conceptual): 10%, provided that: (1) the grade is not maintained for a distance in excess of 800 feet; and (2) no spur roads or driveways will have access points during the run of 10%. It is an acceptable approach to reduce the grade to 8 1/2% at the spur road or driveway access points and then increase the grade back to 10%. 999369.9999369.10 F-5 (vi) Minimum Curve Radius: 100 feet (vii) Minimum Site Distance: 200 feet (c) Retaining walls. (i) Retaining walls over four feet in height or any wall supporting a vehicular load or structure shall be structurally designed and certified by a Colorado licensed professional engineer. (ii) Retaining walls supporting naturally accruing topography and other site development constraints over four feet in height shall be designed with a series of retaining walls with landscaped terraced steps. The width of the terrace between any two four-foot vertical walls shall be at least four feet. Retaining walls higher than four feet shall be separated from any other retaining wall by a minimum of five feet horizontally. Terraces created between the retaining walls shall be permanently landscaped. (iii) Retaining walls supporting a vehicular load or structure shall not exceed 29 feet in height unless approved by the Town Planning and Zoning Commission, provided that retaining walls occurring along Road E (conceptual) between SP 241.00 and SP 260.00 shall have no height restrictions as specified in the conceptual illustrations. (d) Dedication to Town. All streets installed and constructed in accordance with the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code, as modified by this Exhibit F, shall be eligible for dedication to the Town for ownership and maintenance. 999369.9999369.10 F-6 999369.9999369.10 F-7 999369.9999369.10 F-8 999369.9999369.10 F-9 999369.9999369.10 F-10 999369.9999369.10 F-11 999369.10 F-12 999369.10 F-13 999369.10 F-14 999369.10 F-15 999369.10 F-16 999369.10 F-17 999369.10 F-18 999369.10 F-19 999369.10 F-20 999369.10 F-21 999369.10 F-22 999369.10 F-23 999369.10 F-24 999369.10 F-25 999369.10 F-26 999369.9999369.10 G-1 EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD 1. Development Code Provisions: (a) § 7.08.010 Definitions (a) (b) § 7.16.020(b)(5) Multiple Applications (b) (c) § 7.16.060(i) Lapse of a Final PUD (c) (d) §§ 7.16.060(j)(1)(ii) & (iii) Revocation of a Final PUD (d) (e) § 7.16.070 Subdivision (e) (f) § 7.16.090 Design Review (f) (g) § 7.16.100 Special Review Use (g) (h) § 7.16.140(b)(2) Vested Property Rights Created (with respect to amendments to any Site Specific Development Plan) (h) (i) § 7.16.140(g) Forfeiture of Vested Property Rights (i) (j) § 7.20.100 Employee Housing Mitigation (j) (k) § 7.24 Use Regulations (excluding § 7.24.080, Temporary Uses and Structures, as modified by this PUD Guide) (k) §§ 7.28.020(b)(4) & (5) Applicability and Location: Location and Ownership (l) § 7.28.020(e) Off-Street Parking and loading (m) § 7.28.020(g) Computation of Parking and Loading Requirements (n) § 7.28.020(h) Off-Site Parking (o) § 7.28.020(i) Public Parking Districts and Facilities (p) § 7.28.040(f)(1) Mobility and Connectivity: Vehicle Circulation; Street Standards (q) (m) § 7.28.050 Landscaping (r) (n) § 7.28.060 Screening (s) § 7.28.070 Retaining wallsWalls 999369.9999369.10 G-2 (t) (o) § 7.28.080 (b)(2) Fences (u) (p) § 7.28.090 Design standardsStandards (v) (q) §§ 7.28.100(a)(3)(i), (v), (x), (xiii)(D) & (xxiii)(E) Natural resource protectionResource Protection (r) §§ 7.28.100(a)(3)(xiii)(D) & (E) Natural resource protection (w) (s) §§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and Specifications (t) § 7.32.020(e)(6) Buildable Area (u) § 7.32.020(e)(7) Building Envelopes (v) § 7.32.030(c) Compliance with Town Specifications Required (x) (w) § 7.32.030(l) Engineering Improvement Standards: Streets; Grades, Curves, and Sight Distances (y) (x) § 7.32.030(m) Engineering Improvement Standards: Streets; Cul-de-sacs (z) (y) § 7.32.040(c) Paved Trail Design: Minimum Width (aa) (z) § 7.32.040(e) Paved Trail Design: Grades (aa) § 7.32.040(k) Maintenance (bb) § 7.32.080 School Site Dedication (Pursuant to Section ___ of the Development Agreement, Section 7.32.080 of the Development Code with respect to school site dedications) (cc) § 7.32.090 Park Land Dedication (dd) § 7.40 1041 Regulations 2. Other Municipal Code Provisions: (a) § 3.40 Impact Fees (b) § 8.32 Wildlife Protection (c) § 15.24 Solid-Fuel-Burning Devices (c) (d) § 15.28 Sign Code (d) (e) § 15.30 Outdoor Lighting Standards 999369.9999369.10 G-3 (e) (f) Impact fees enacted or adopted after the Effective Date, the impacts of The Village (at Avon) being adequately mitigated by, among other matters, the payment of the impact fees set forth in Section ___ of the Development Agreement. (f) (g) Pursuant to Section J.1614 of this PUD Guide, any affordable housing, attainable housing and/or employee workforce housing provisions of the Municipal Code. 3. Any other provision of the Municipal Code expressly superseded in whole or in part pursuant to any other provision of this PUD Guide. 999369.9999369.10 H-1 EXHIBIT H Referenced Development Code Sections 999369.9999369.10 H-2 999369.9999369.10 H-3 999369.9999369.10 H-4 999369.9999369.10 H-5 999369.9999369.10 H-6 999369.9999369.10 H-7 999369.9999369.10 H-8 999369.9999369.10 H-9 999369.9999369.10 H-10 999369.9999369.10 H-11 999369.9999369.10 H-12 999369.9999369.10 H-13 999369.9999369.10 H-14 999369.9999369.10 H-15 999369.9999369.10 H-16 999369.9999369.10 H-17 999369.9999369.10 H-18 999369.9999369.10 H-19 999369.9999369.10 H-20 999369.9999369.10 H-21 999369.9999369.10 H-22 999369.9999369.10 H-23 999369.9999369.10 H-24 999369.9999369.10 H-25 999369.9999369.10 H-26 999369.9999369.10 H-27 999369.9999369.10 H-28 999369.9999369.10 H-29 999369.9999369.10 H-30 999369.9999369.10 I-1 EXHIBIT I Definitions The definitions of words and phrases set forth in this Exhibit I expressly supersede any additional or conflicting definitions of the same words or phrases or same general intent as set forth in the Municipal Code and constitute the sole and exclusive definitions for the purpose of this PUD Guide and the interpretation, application and enforcement of this PUD Guide and related components of the Development Plan. When not inconsistent with the text, words used in the present tense include the future, words used in the singular number include the plural, words in the plural include the singular, and the masculine includes the feminine. The words “will” or “shall” are mandatory, and the word “may” is permissive. 1. 2. Accessory Building, Structure or Use means a subordinate Building, Structure or Use located on the same Lot (or on a contiguous Lot in the same ownership) or Superblock on which the main Building, Structure or Use is situated, which is customarily incidental to that of the main Building or to the main Use of the Site, and which is reasonably necessary and incidental to the conduct of the Use of such Building, Structure or main Use. 2. 3. Accommodation Unit(s) means any room or group of rooms used primarily for transient lodging and accessible from common corridors, walks, or balconies without passing through another Accommodation Unit. 3. 4. Affordable Housing Plan means the sole and exclusive affordable housing requirements for The Village (at Avon) PUD, as set forth in Section J.1614 of this PUD Guide, which 4. 5. Agricultural Use means those agricultural activities commonly pursued in Eagle County including but not limited to the planting, cultivation and harvesting of crops, trees, grasses and similar crops used for production of hay and other animal feedstock, and the grazing of livestock; provided, however, that Animal Boarding, cultivation in connection with operation of a Medical Marijuana Business and large contained animal feeding operations (feed lots) and/or slaughter houses shall not be construed as an Agricultural Use. 5. 6. Animal Boarding means the operation of an establishment, excluding the operation of Kennels, in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. Animal Boarding shall not be construed to be an agricultural Use eligible for being designated an approved Interim Use. 6. 7. Applicant means the Landowner of the real property comprising the Site for which an Application is submitted, or an individual or entity whom the Landowner has designated in writing as its authorized representative for the purpose of representing the Landowner and/or acting upon any application or submittal for development of the pertinent Site (which may be a contract purchaser or owner of an option to purchase fee simple ownership of the Site or portion thereof with the fee owner’s written consent to any such application or submittal, or which may be an owners’ association for a Condominium project or like common interest ownership project). Notwithstanding any additional or conflicting provision of the Municipal Code, the 999369.9999369.10 I-2 definition of “Applicant” shall not be construed to mean any person or entity owning, holding or possessing an easement interest, a leasehold interest, a license, a security interest or any other form of interest in the Site, whether possessory or otherwise, other than fee simple ownership of the Site as reflected in the official records of the Eagle County Tax Assessors office. 7. 8. Application means any form of application or submittal to the Town for review and approval of any form of development within The Village (at Avon), including but not limited to an application or submittal regarding an amendment to this PUD Guide, an amendment to the PUD Master Plan, a Preliminary Plan, a Final Plat, a grading permit, a building permit or similar matters. 8. 9. Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building. 9. 10. Arcade means a series of arches or similar architectural features supported on piers or columns. 10. 11. Architectural Projection means a building element (i.e., Appurtenance, Arcade, Awning, Balcony, tower, steeple, portico, chimney, cupola and similar non-habitable features) which physically projects beyond the plane of a required limitation (i.e., height, setback, etc.). Architectural Projections may project ten (10) feet or less beyond the applicable Building Envelope with the prior written consent of the Design Review Board. Architectural Projections may project greater than ten (10) feet beyond the applicable Building Envelope with the prior written consent of the Design Review Board and the Town. 11. 12. Automobile Repair Shop (Major or Minor) means an establishment that does not sell fuel, gasoline or petroleum products which is primarily engaged in the service, repair or maintenance (including but not limited to paint, body and fender, major and minor engine and engine part overhaul, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, vehicle washing, detailing polishing similar services) of: (a) with respect to Major Uses, commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment; and (b) with respect to Minor Uses, passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment. 12. 13. Awning means a roof-like cover (whether canvas, metal, masonry or other material) that extends in front of or over a doorway, window, deck, Balcony or entryway to provide protection from the sun, rain or snow. 13. 14. Balcony means that portion of a Structure that is essentially open and outward from the main Building with a floor and a railing, with or without a ceiling or other form of cover, and higher than four (4) feet above ground level. 14. 15. Bed and Breakfast means an establishment operated in a private residence or portion thereof that provides temporary accommodations to overnight guests for a fee and which is 999369.9999369.10 I-3 occupied by the operator of such establishment. For purposes of Dwelling Unit calculation, a Bed and Breakfast shall be considered one (1) Dwelling Unit. 15. 16. Block means a unit of land designated as a “block” on a recorded Final Plat and which contains within its boundaries a group of individually platted Lots as designated on such recorded Final Plat. 16. 17. Building means any permanent Structure constructed for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land and has one (1) or more floors and a roof. 17. 18. Building Envelope means the physical boundaries within which Buildings, Structures or other above-ground improvements may be constructed on a particular Site, subject to modification as provided in Section J.10 of this PUD Guide, being a three (3) dimensional volume circumscribed by: (a) the applicable Building Setback requirements; (b) the applicable Building Height requirements; (c) the applicable Site Coverage requirements; and (d) the applicable Lot Area requirements. Notwithstanding the foregoing, the following improvements are permitted outside of the Building Envelope: Sidewalks, Drive Aisles, Driveways, landscape features, Infrastructure and Dry Utilities. 18. 19. Building Height means the distance measured vertically from the reference elevation (defined below) to the top of a flat roof or mansard roof or to the highest ridgeline of a sloping roof, but excluding from the calculation of Building Height any non-habitable Architectural Projections. The parallel slope method shall be used for purposes of calculating the Building Height, and the “reference elevation” shall be: (a) within Planning Areas A, B, C, D, E, F, G, H, I, J and RMF-1, the Finished Grade; and (b) within all other Planning Areas, the Natural Grade or the Finished Grade (whichever is more restrictive). 19. 20. Building Setback means the distance from a specified Site boundary line, a creek or a stream measured horizontally to a line or location within the Site which establishes the permitted location of Uses, Structures, or Buildings on the Site. The location within a Site of Sidewalks, Drive Aisles, Driveways, landscaping features and fences required pursuant to applicable Town or other governmental ordinances, regulations and requirements (i.e., fence enclosures for swimming pools) are not restricted by the Building Setback requirements. 999369.9999369.10 I-4 20. 21. Bus Stop means a facility for the loading and discharging of passengers by publicly or privately operated buses. 21. 22. Cabled Telecommunication Equipment means any equipment used to provide Cabled Telecommunication Service, but which is not affixed to or contained within a Cabled Telecommunication Facility, but is instead affixed to or mounted on an existing Building or Structure the Primary Use of which is not for the provision of Cabled Telecommunications Services. Cabled Telecommunication Equipment also includes a ground mounted base station used as an Accessory Structure that is connected to an antenna or dish mounted on or affixed to an existing Building. 22. 23. Cabled Telecommunication Facility means any freestanding facility, Building, pole, tower or other Structure used to provide only Cabled Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Cabled Telecommunications Services. 23. 24. Cabled Telecommunication Service means services providing for the transmission through Dry Utilities facilities of analog or digital communications of any form and any similar services transmitted by or through fiber optic or other forms of below or above ground cabling, including but not limited to cable television, high speed data, telephony, and satellite television systems providing services to a Multi-family Dwelling, a collection of Single-family Dwellings, or a collection of Buildings within a Mixed Use Project. 24. 25. Child Care Center means a facility, however named or denominated (for example, day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled, dependent and/or neglected children, but specifically excluding Family-care Homes), which is maintained, for the whole or part of a day, for the care of: (a) five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager of such facility, whether operated with or without compensation for such and with or without stated education purposes; or (b) children under the age of six (6) years with stated education purposes which are operated in conjunction with a public, private or parochial educational facility, except for a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades so long as the school system is not also providing extended day care services. 25. 26. Commercial Parking means a surface parking lot or Parking Structure that does not provide accessory parking to a specific Building or Use, is available for parking by the general public for a fee, may include reserved parking spaces, and which is owned by a private, non-governmental entity. 26. 27. Commercial Use(s) means the following Uses: (a) Accommodations Units; 999369.9999369.10 I-5 (b) Animal Boarding; (c) domesticated animal grooming; (d) (c) Automobile Repair Shop (Major or Minor); (e) (d) bakeries; (f) (e) banks and financial institutions; (g) (f) bar and tavern; (h) (g) barber and beauty shops; (i) (h) Bed and Breakfast; (j) (i) beverage stores; (k) (j) Bus Stop; (l) (k) business and professional offices; (m) (l) Cabled Telecommunications Equipment; (n) (m) Cabled Telecommunications Facilities; (o) (n) Cabled Telecommunications Services; (p) (o) car wash (as the Principal Use); (q) (p) Child Care Center; (r) (q) Churches; (s) (r) cinema; (t) (s) clinic, intermediate medical care facility (i.e., out-patient services only); (u) (t) clothing stores; (v) (u) Community Facilities; (w) (v) commercial offices; (x) (w) Commercial Parking; (y) (x) Convenience Retail; (z) (y) department stores; 999369.9999369.10 I-6 (aa) (z) Drive-in Uses; (bb) (aa) employment agency (cc) (bb) Extended Stay Hotel; (dd) (cc) Family Child Care Home; (ee) (dd) Grocery Store; (ff) (ee) Group Home; (gg) (ff) fitness centers and health clubs; (hh) (gg) furniture stores; (ii) (hh) hardware stores; (jj) (ii) Hotel, Motel and Lodge; (kk) (jj) Home Occupations, Minor and Major; (ll) (kk) Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; (mm) (ll) indoor entertainment facility; (nn) (mm) indoor storage; (oo) (nn) Kennels; (pp) (oo) laboratory; (qq) (pp) landscaping and snow removal services; (rr) (qq) laundromat/dry cleaning; (ss) (rr) Medical Marijuana Businesses, to the extent not wholly prohibited in the Town in accordance with applicable Town ordinance; (tt) (ss) medical and dental offices; (uu) (tt) meeting facility; (vv) (uu) newspaper and commercial printing shops; (ww) Nude Entertainment Establishments; 999369.9999369.10 I-7 (xx) (vv) nursery or garden supply; (yy) (ww) Outdoor Storage; (zz) (xx) professional offices; (aaa) (yy) real estate sales offices; (bbb) (zz) photocopy and blueprint businesses; (ccc) (aaa) Public Facilities; (ddd) (bbb) Private Parking; (eee) (ccc) Public Parking; (fff) (ddd) Recycling Facility; (ggg) (eee) Recycling Processing Facility; (hhh) (fff) repair shops, small electronics repair; (iii) (ggg) Restaurants; (jjj) (hhh) Retail sales, specialty and gift shops; ski tuning; bike assembly (kkk) (iii) service and social clubs; (lll) (jjj) Service Stations; (mmm)(kkk) Studios (music, dancing, photography, movie, art and broadcasting) (nnn) tailor, seamstress, clothing alterations (ooo) (lll) Temporally Divided Dwelling (ppp) (mmm) theaters; (qqq) (nnn) trade schools and colleges; (rrr) (ooo) Transit Shelter; (sss) (ppp) Wireless Telecommunications Equipment; (ttt) (qqq) Wireless Telecommunications Facilities; (uuu) (rrr) Wireless Telecommunications Services; (vvv) (sss) Vacation Clubs; 999369.9999369.10 I-8 (www) (ttt) Uses which the Director determines to be similar. 27. 28. Community Facility means a publicly or privately owned facility, Building or Structure which is primarily intended to serve the recreational, educational, cultural administrative or entertainment needs of the community as a whole and is operated on a non- commercial, not for profit, non-profit or similar basis. 28. 29. Condominium means any group of Condominium Units developed as a unitary project within a Site on which one or more Buildings are located. 29. 30. Condominium Unit means an individual air space unit (as defined in C.R.S. § 38-33- 103(4)) together with the interest in the common elements (as defined in C.R.S. § 38-33-103(3)) of the Condominium appurtenant to such unit. For purposes of Dwelling Unit calculation, only Condominium Units which are designated for Residential Use shall be counted as Dwelling Units. 30. 31. Convenience Retail means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday good and services, which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs and sundries. 31. 32. Community Development means the Town of Avon Department of Community Development. 32. 33. Design Covenant means the Declaration of Master Design Review Covenants For The Village (at Avon) dated May 8, 2002 and recorded on May 8, 2002 at Reception No. 795011, as amended by the First Amendment to Declaration of Master Design Review Covenants For The Village (at Avon) dated June 4, 2008 and recorded on June 10, 2008 at Reception No. 200812112 and by the Second Amendment and Ratified First Amendment to Declaration of Master Design Review Covenants For The Village (at Avon) dated September 16, 2010 and recorded on September 16, 2010 at Reception No. 201018341, and as may be further amended from time to time. 33. 34. Design Review Guidelines means, as may be amended from time to time, The Village (at Avon) Design Review Guidelines dated ___________, 19___, as amended and as may be further amended or supplemented, and as prepared, approved and promulgated by the Design Review Board by the Master Developer and which establish the sole and exclusive architectural design, landscape design, urban design and site design standards applicable within The Village (at Avon). 34. 35. Design Review Board means The Village (at Avon) Design Review Board as appointed or elected in accordance with the Design Covenant. 35. 36. ollectively, together with their respective successors and assigns and together with any other entity with respect to which Traer Creek LLC is the managing member and which acquires title to any portion of the Property after the Effective Date, Traer Creek-RP LLC, EMD Limited Liability Company, Traer Creek Plaza LLC, Traer Creek-HD LLC and Traer Creek-WM LLC. 999369.9999369.10 I-9 36. 37. Development Agreement means the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) concerning the Property dated as of _________________, 2012, as amended from time to time. 37. 38. Development Code means Title 7 of the Municipal Code, as in effect on the Effective Date unless otherwise stated. 38. 39. Development Plan means, as referenced in Section A.4(b) of this PUD Guide, collectively: (a) this PUD Guide (together with each Exhibit hereto) and the PUD Master Plan, as amended, which shall control the zoning of the Property pursuant to the Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S., and Section 17.20.110 of the Municipal Code; and (b) the Development Agreement. 39. 40. Development Standards means the sole and exclusive planning requirements and regulations governing the development of the Property as set forth in Sections E and J of this PUD Guide, which 40. 41. Director means the Director of Community Development. 41. 42. Drive Aisle means the lane(s) within a parking lot or facility devoted to the passage of vehicles, as opposed to the parking stalls, and does not include lanes used only or primarily for drive-in customer service. 42. 43. Drive-in Use means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 43. 44. Driveway means a constructed vehicular access serving one (1) or more properties and connecting directly to a public or private road. 44. 45. Dry Utilities means, excluding Infrastructure, conduit and sleeving for, and the installations contained therein, telephone, cable, fiberoptic and similar “dry” utilities intended to be privately owned, maintained and/or operated. 45. 46. Duplex Dwelling means a single architecturally integrated Structure that contains two separate and independent residences intended to be occupied by two (2) families (or groups of people) living independently of one another, but does not encompass Primary/Secondary Structures. For purposes of the Dwelling Unit calculation, each residence within a Duplex Structure counts as a separate Dwelling Unit, thereby counting as two Dwelling Units per Duplex Structure. If the Site on which a Duplex Structure is constructed is subsequently subdivided into two separate Lots, each of the Lots and Dwelling Units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. 999369.9999369.10 I-10 46. 47. Dwelling means a Building or portion thereof the occupancy of which is exclusively for Residential Use as a Single-family Dwelling, Duplex Dwelling, Multi-family Dwelling (including Condominium Units designated for Residential Use), Major Home Occupation or Bed and Breakfast. 47. 48. Dwelling Unit(s) means one or more rooms with a single kitchen and at least one (1) bathroom and which is designed, occupied or intended for occupancy as separate living quarters for the exclusive use of a single family (or group of people) or individual independently from any other family or group of people, or an aggregation of Accommodation Units. 48. 49. Effective Date means ____________________, 2012, and is intentionally distinguished from Original Effective Date. 49. 50. Excluded Use means a Use which is specifically not permitted within a particular Planning Area, as distinguished from a Use by Right, a Special Review Use, a Temporary Use or an Interim Use. 50. 51. Extended Stay Hotel means a Hotel/Motel/Lodge with Accommodation Units that have complete kitchen and bathroom facilities intended and utilized primarily for transient or semi-transient occupancy. 51. 52. Family Child Care Home means a facility for Child Care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home, and may include any such other types of family Child Care homes as may be designated by rules of the State Department of Social Services pursuant to C.R.S. § 26-9-106(2)(p). 52. 53. Final Plat means a final subdivision plat, including any replats thereof or amendments thereto, approved by the Town pursuant to Section H.2 of this PUD Guide. 53. 54. Finished Grade means the final elevation of the ground surface after development. 54. 55. Grocery Store means a retail establishment which primarily sells food for home consumption, beverages and other convenience and household goods. 55. 56. Gross Square Footage means the total floor area designed for occupancy and use, including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and measured from the interior surface of joint partitions and outside walls. 56. 57. Group Home means a Structure within which a state licensed facility for the care and/or housing of developmentally disabled persons, mentally ill persons, sex offenders, parolees or similar distinct groups of individuals is undertaken. 57. 58. Guest House means a Secondary Structure which is physically detached from a Single-family Dwelling, is serviced through the same utility meters or connections as the Single- family Dwelling, and is intended for temporary periodic occupancy by visitors to the residents of the Single-family Dwelling. Guest Houses are a Secondary Structure and shall be construed to be an Accessory Use to the Primary Use of the Single-family Dwelling. 999369.9999369.10 I-11 58. 59. Home Occupation, Major means an occupation or business activity which results in a product or service and is conducted in whole or in part in a Dwelling Unit and does not qualify as a Minor Home Occupations because it: produces noise audible outside the Dwelling Unit; causes or requires customers, delivery persons, employees or any person to enter the property on or within which the Dwelling Unit is located; requires alteration to the Dwelling Unit to satisfy applicable fire, building or health codes or regulations; requires or allows any signs to be visible from the outside of the property on or within which the Dwelling Unit is located; and/or changes the appearance or residential character of the Structure.. A Major Home Occupation Use shall be considered a Commercial Use. 59. 60. Home Occupation, Minor means any occupation, profession or other activity (including any activity associated with a non-profit group) that takes place entirely within a Dwelling Unit and which does not: produce noise audible outside the Dwelling Unit; cause or require customers, delivery persons, employees or any person to enter the property on or within which the Dwelling Unit is located; require alteration to the Dwelling Unit to satisfy applicable fire, building or health codes or regulations; require or allow any signs to be visible from the outside of the property on or within which the Dwelling Unit is located; or change the appearance or residential character of the Structure. A Minor Home Occupation shall be considered a Residential Use. 60. 61. Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, cafeteria and food preparation areas, training and central services facilities and staff offices. 61. 62. Hotel, Motel and Lodge means a Building, including an Extended Stay Hotel but excluding a Bed and Breakfast, containing three (3) or more Accommodation Units and which may include Accessory Use facilities such as offices, laundry facilities, recreation facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. 62. 63. Industrial Use(s), Heavy or Light means: (a) with respect to Heavy Industrial Uses, those uses engaged in the basic processing and manufacturing of material or products predominately from extracted or raw materials, or a use engage in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing process that potentially involve hazardous conditions. Heavy Industrial Uses shall also mean those uses engaged in the operation, parking and maintenance of vehicles (but specifically excluding Automobile Repair Shops), cleaning of equipment or work processes involving solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminal, public works yard, container storage). (b) with respect to Light Industrial Uses, those uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further Light Industrial Uses shall mean uses such 999369.9999369.10 I-12 as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light Industrial Uses shall not include uses such as mining and extracting industries, petro- chemical industries, rubber refining, primary metal, or related industries. 63. 64. Infrastructure means, excluding Dry Utilities, those man-made structures which serve the common needs of the population and are generally intended to be dedicated to, owned by and maintained by the Town, another governmental or quasi-governmental entity and/or a public utility provider, including but not limited to potable water systems; wastewater disposal systems; solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops. 64. 65. Interim Use means a Use that is permitted on a case-by-case basis within a particular Planning Area or on a specific Site during the period prior to or during development of a Site upon an Applicant’s receipt of written approval from the Design Review Board (as applicable) in accordance with Section J.1 of this PUD Guide; provided, however, that Agricultural Uses as an Interim Use shall be construed to be a Use by Right within all Planning Areas without the requirement of written approval from the Design Review Board. 65. 66. Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as a business. 66. 67. Landowner means the owner(s) of fee simple title to a Block, Superblock, Lot, Tract or other parcel of real property as reflected in the official records of the Eagle County Tax Assessor. Notwithstanding any additional or conflicting provision of the Municipal Code, the definition of “Landowner” shall not be construed to mean any person or entity owning, holding or possessing an easement interest, a leasehold interest, a license, a security interest or any other form of interest, whether possessory or otherwise, other than fee simple ownership as reflected in the official records of the Eagle County Tax Assessors office. 67. 68. 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. 68. 69. Lot(s) means a parcel of real property as shown with a separate and distinct “lot” number or letter on a Final Plat. 69. 70. Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in acres or in square feet. 70. 71. Main Street means, as conceptually depicted in Exhibit E of this PUD Guide, the primary east-west roadway connecting Post Boulevard to Chapel Place, consisting of a “60’ wide eastern segment,” a “80’ wide central segment” and the “60’ wide western segment.” 71. 72. Manufactured Home means a Single-family Dwelling which is: partially or entirely manufactured in a factory; at least twenty-four (24) feet wide and thirty-six (36) feet long; 999369.9999369.10 I-13 permanently affixed to and installed on an engineered permanent foundation; covered by a pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. 72. 73. Master Developer means EMD Limited Liability Company, a Colorado limited liability company (with respect to Planning Area I only) and Traer Creek LLC, a Colorado limited liability company (in all other respects), which entities (or any successor entities) are designated and authorized to act on behalf of all Developer Affiliates and their respective successors in interest with respect to and for purposes of this PUD Guide. 73. 74. Medical Marijuana Business means the Use of a Site, or portion thereof, for the cultivation, manufacture, production, distribution, acquisition or sale of marijuana, including for Medical marijuana Centers, manufacturing of Medical Marijuana-Infused Products, or Optional Premises as such terms are defined by C.R.S. § 12-43.3-104, as may be amended, regardless of whether such Use is for profit or not for profit. 74. 75. Mobile Home means a Single-family Dwelling partially or entirely manufactured in a factory, built on a permanent chassis, which is designed to be transported on streets to the place where it is to be occupied as a Dwelling Unit, and is: at least twenty-four (24) feet wide and thirty-six (36) feet long; permanently affixed to and installed on an engineered permanent perimeter foundation; covered by a pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. 75. 76. Mixed Use Project means the development of a Site, Building or Structure with two or more different Uses in accordance with the Development Standards and which is designed, planned and constructed as a unified project. Mixed Use Projects may be horizontally integrated or vertically integrated, or both. 76. 77. Multi-family Dwelling means a Building containing three or more Dwelling Units, whether such Dwelling Units are for sale or for lease (including Condominium Units designated for Residential Use). 77. 78. he Town’s Municipal Code, as in effect on the Effective Date unless otherwise stated. 78. 79. Natural Grade means the elevation of the ground surface in its natural state, before man-made alterations. 79. Nude Entertainment Establishments means establishments open for business to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments, as more particularly described in Chapter 8.26 of the Municipal Code. 80. Off-street Parking Area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage or operation of motor vehicles, including Driveways or access ways in and to such areas, but not including any Outdoor Storage 999369.9999369.10 I-14 area used principally for storage of recreational vehicles, landscaping materials or other bulk items, or public streets and rights-of-way. 81. Open Space means any land or water area with its surface open to the sky which serves specific Uses of providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form, and protecting areas of agricultural, archeological or historical significance, but shall not be construed to mean vacant or undeveloped land that is zoned for development. 82. Original Effective Date means October 13, 1998, and is intentionally distinguished from Effective Date. 83. Original PUD Guide. The version of this PUD Guide originally approved by the Town on October 13, 1998 and recorded in the real property records of Eagle County, Colorado, on November 25, 1998 at Reception No. 677744, as amended by the Prior Amendments. 84. Outdoor Storage means the storage of any equipment, good, junk material, merchandise or vehicles in the same place for more than twenty-four (24) hours in any area other than within a roofed Structure. 85. Parking Regulations means, as set forth in Exhibit C to this PUD Guide, the sole and exclusive Development Standards regulating parking, loading, access drive requirements, mobility and connectivity within The Village (at Avon) PUD, which (including but not limited to the parking and loading, access drive, and mobility and connectivity development standards set forth in Chapter 7.28 of the Development Code, as amended from time to time), including without limitation, any additional or conflicting such provisions 86. Parking Structure(s) means an above ground or below ground Structure of one or more levels containing Drive Aisles and parking stalls, which may be a stand-alone Structure or be integrated into or within a Structure as an Accessory Use or Accessory Structure, and which may provide Commercial Parking, Public Parking or Private Parking. 87. Planned Unit Development (PUD) means an area of land, controlled by one or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include Dwelling Units, Commercial Uses, Industrial Uses, Mixed Use Projects, Public Facilities and related educational, recreational and similar complimentary Uses, in any combination, the plan for which is not required to correspond in Lot Size, bulk or type of Use, density, Lot Coverage, Open Space or other restriction set forth in the Town’s existing land use regulations. 88. Planning and Zoning Commission means the Town’s Planning and Zoning Commission. 89. Planning Area means an area indicated as a planning area on the PUD Master Plan, the Use and development of which shall be regulated by and be undertaken in accordance with the Development Plan. 999369.9999369.10 I-15 90. Planning Department means the Town’s Planning Department. 91. Preliminary Engineering means the following submittals in connection with certain future street improvements within The Village at (Avon) as described in Section A.4(f) of the PUD Guide: utilities locations (excluding utility sizing), preliminary drainage report, preliminary grading plan and street cross sections, including transitions between any different cross sections. 92. 91. structure that consists of two Dwelling Units within a single fee simple estate: one primary unit (containing the Principal Use) and one secondary unit (i.e, a Guest House, carriage house or caretaker’s quarters). Within all Planning Areas, the secondary unit can be no more than 40% of the floor area of the primary unit. The secondary structure may attached to or detached from the primary unit; provided that the two units cannot be subdivided or separately conveyed or transferred in ownership and the secondary unit may not be leased or subject to a leasehold interest separate from the primary unit . The Residential Use of the Secondary Structure shall be construed to be an Accessory Use to the Principal Use of the Primary Structure, and the Primary Structure and Secondary Structure, whether attached or detached, shall be counted as one Dwelling Unit in the aggregate. 93. 92. Principal Use means the primary or main Use of a Site or Structure as distinguished from a subordinate or Accessory Use. 94. 93. Prior Amendments has the meaning set forth in Section A.1 above. 95. 94. Private Parking means a surface parking lot or Parking Structure that provides accessory parking to a specific Building or Use, is available for parking by the owners, tenants and/or customers of the Building or Use, may include reserved parking spaces, and which is owned by a private, non-governmental entity such as an owners association. 96. 95. he 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. 97. 96. Property Line means the boundary of any Lot, Block, Superblock, Tract, Site or other parcel of land as the same is described in the pertinent Final Plat or instrument of conveyance to the Landowner, as applicable. 98. 97. Public Improvement(s) means any drainage ditch, storm water improvement, potable water line, sanitary sewer line, similar utility extension, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped Open Space, Off-street Parking area, Lot improvement or similar facility or improvement which benefits the public, is required by the Town to be provided by or on behalf of the Applicant and assurance of completion to be provided as a condition of any development approval, and is documented in a public improvements agreement. Public Improvements may include and generally will be comprised of Infrastructure and/or Dry Utilities, but may include types of improvements other than Infrastructure and Dry Utilities or exclude certain types of improvements that are Infrastructure or Dry Utilities. 99. Public Improvements Agreement means an agreement to be entered into between the Town and the party responsible for constructing public infrastructure in connection with the 999369.9999369.10 I-16 applicable Application as contemplated by Section 7.32.100 of the Development Code, which agreement shall be in a form mutually agreed upon by the Master Developer and the Town. 100. 98. Public Improvement Company means, collectively, The Village (at Avon) Commercial Public Improvement Company and The Village (at Avon) Mixed-Use Public Improvement Company, which the Master Developer has created in accordance with and for the purposes stated in Section ___ of the Development Agreement. 101. 99. Public Facility(ies) means constructed facilities that are owned by the Town, a District or another governmental or quasi-governmental entity, including but not limited to: transportation systems or facilities; water systems or facilities; wastewater systems or facilities; storm drainage systems or facilities; fire, police and emergency services systems or facilities; electric, gas, telecommunications utilities or facilities; and other publicly owned buildings or facilities. 102. 100. Public Parking means a surface parking lot or Parking Structure that is available for parking by the general public and which is owned by the Town, a quasi-governmental entity (specifically including Traer Creek Metropolitan District and Village Metropolitan District and any other quasi-governmental entity or urban renewal authority approved by the Town after the Effective Date and having all or any part of its boundaries or service area located within The Village (at Avon)). 103. 101. his The Village (at Avon) Amended and Restated PUD Guide dated __________________, 2012. 104. 102. PUD Master Plan means The Village (at Avon) P.U.D. Master Plan attached hereto as Exhibit B and incorporated herein. The PUD Master Plan depicts, among other things, Planning Areas and permanent, temporary and conceptual road alignments for the development of The Village (at Avon). 105. 103. Recycling Facility means a facility, which may be either contained and conducted within a Structure or conducted outside of a Structure so long as all materials are stored within an enclosed container, for the collection and temporary storage (prior to relocating to a Recycling Processing Center) of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes. 106. 104. Recycling Processing Center means a facility in which recycling materials received from a Recycling Facility or from other sources are processed for subsequent use or distribution. 107. 105. Religious Facility means a Building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious worship or other services or meetings of the occupants of such structure, including churches, synagogues, mosques or the like, but excluding any Buildings used for commercial endeavors. 108. 106. Residential Use means the Use of a Building (or applicable potion thereof) for purposes of a Single-family Dwelling, Duplex Dwelling, Multi-family Dwelling, Major Home Occupation (portion of the Building not used for Commercial or Industrial Uses), Primary/Secondary Structure, Guest House or Bed and Breakfast. 999369.9999369.10 I-17 109. 107. Restaurant(s) means an establishment engaged in the Use or Accessory Use of a building or structure for the sale of foods and beverages to the customer in a ready-to consume state, and in which the design or principal method of operation includes the following characteristics: (a) With respect to “drive-through” Restaurants, allows for or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. (b) With respect to “fast food” Restaurants: (i) Food and beverages are usually served in paper, plastic or other disposable containers; (ii) The consumption of food and beverages is encouraged or permitted within the Restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building, or for carry-out; and (iii) Drive-through facilities are allowed, subject to Design Review Board review and approval of traffic patterns, vehicle stacking areas, and entrance and exit locations. (c) With respect to “standard” Restaurants, which may but are not required to include as an Accessory Use the on-premises production of fermented (alcoholic) malt beverages and/or malt, special malt or vinous and spirituous liquors: (i) Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; and/or (ii) Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the Restaurant building. 110. 108. Service Station(s) means a facility equipped for the sale of gasoline, diesel, electricity or other forms of fuel for motorized vehicles, and which may but is not required to include as an Accessory Use Convenience Retail, fast food Restaurants, drive-through Restaurants, and/or automated or self car washes. 111. 109. Settlement Term Sheet. As defined in Section A.1 above. 112. 110. Single-family Dwelling means a Building designed exclusively for occupancy by one (1) family (or individual or group of individuals living independently as a unit), but expressly excluding a Mobile Home. 113. 111. Site means a specifically described area of land which is the subject of a development Application, and which may be a Lot, an aggregation of Lots within a Mixed Use Project, a Superblock or any other form of designation or combination of designations of 999369.9999369.10 I-18 specifically described areas of land that are otherwise eligible to be developed under the terms of this PUD Guide and applicable law. 114. 112. Site Coverage means the ratio, expressed as a percentage, of the area of a Site which is rendered impermeable by Buildings compared to the Lot Area (or in the case of a Superblock or assemblage of Lots, the gross area contained with the entire Site). 115. 113. Site Specific Development Plan has the meaning set forth in the Vested Property Rights Statute. 116. 114. developed or conducted within The Village (at Avon) PUD only upon further Town review and approval of such Use in accordance with and subject to compliance with the terms and conditions of Section F of this PUD Guide. Any such Special Review Uses are further subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and issuance of a building permit in accordance with Section A.4(g) above and any applicable Town use permit or business permit in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. 117. 115. Stream Setback Provisions means the provisions and requirements set forth in Section J.1311 of this PUD Guide. 118. 116. Structure means a combination of materials to form a construction for Use, occupancy or ornamentation whether installed on, above or below the surface of land or water. 119. 117. Subdivision Regulations means Section 7.16.070 of the Development Code, as modified and/or superseded by the provisions of Section H of this PUD Guide. 120. 118. Superblock means, as provided in Section H of this PUD Guide, a unit of land designated as a “block” or “superblock” on a recorded Final Plat and which: (a) Is bounded by streets or by a combination of streets and public lands or other rights-of way other than an alley, waterways or any barrier to the continuity of development; (b) Does not contain within its boundaries any individually platted Lots; (c) May be legally conveyed by reference to the Block designation on the Final Plat; and (d) Within which one or more Structures and/or Buildings may be constructed and occupied without the requirement of further subdivision into individual Lots. 121. 119. The Village (at Avon) PUD means the zone district authorized for the Property by the Town, and which constitutes the sole and exclusive zoning regulations applicable within the Property and . 999369.9999369.10 I-19 122. 120. Temporally Divided Dwelling means any Dwelling with respect to which more than four (4) persons (or entities), whether by fee interest, leasehold or contractual right, are entitled to the use, occupancy or possession of such Dwelling according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others. Temporally Divided Dwelling includes but is not limited to a timeshare estate as defined in C.R.S. § 38-33-110, any form of interval ownership, any form of fractional fee ownership, and any form of vacation club or similar venture. For purposes of this definition, the Use of the Dwelling rather than the form of ownership of the Dwelling (i.e., whether owned in fee by a single owner, a corporate entity engaged in the business of providing services to those entitled to the use, occupancy or possession of a Temporally Divided Dwelling, or similar forms of ownership) shall be determinative of whether a Dwelling is a Temporally Divide Dwelling; provided, however that ownership of an interest in joint tenancy by two (2) persons shall be considered one (1) person. 123. 121. Temporary Use means any Use that is not classified as a Permitted Use, Special Review Use or Interim Use with respect to the applicable Planning Area. 124. 122. he Town of Avon, a municipal corporation of the State of Colorado. 125. 123. Town Council means the Town Council of the Town. 126. 124. Tract means a parcel of real property as shown with a separate and distinct “tract” number or letter on a Final Plat. 127. 125. Transit Shelter means a Structure which provides protection from the weather to persons who are waiting to board a publicly or privately operated bus or other form of mass transit. 128. 126. Transportation Master Plan. The Transportation Master Plan adopted by the Town, as amended from time to time. 129. 127. Use(s) means the primary or principal purpose for which land or a building or structure is designated, arranged, or intended, or for which it either is or may be occupied or maintained. 130. 128. Use(s) by Right means a Use or Uses permitted to be developed or conducted within The Village (at Avon) PUD without the requirement of further Town review or approval, subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and with respect to which a building permit shall be issued in accordance with Section A.4(g) above and/or any applicable Town use permit or business permit shall be issued in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. 131. 129. Use Category means one of the following general categories of Use that may be permitted within The Village (at Avon) on a Planning Area by Planning Area basis: (a) Residential Uses. 999369.9999369.10 I-20 (b) Commercial Uses. (c) Industrial Uses. (d) Interim Uses. (e) Mixed Use Projects. (f) Public Facilities. 132. 130. Vacation Club means a corporate entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a Temporally Divided Dwelling which Dwelling it makes available to its members and/or guests of its members for their accommodation on a periodic basis in consideration of such members’ interest or membership in the entity. 133. 131. Vested Property Right(s) has the meaning set forth in the Vested Property Rights Statute. 134. 132. Vested Property Rights Regulations means Section 7.16.140 of the Development Code, as modified by this PUD Guide. 135. 133. Vested Property Rights Statute means Sections 24-68-101 et seq. of the Colorado Revised Statutes as in effect on October 13, 1998. 136. 134. Wildlife Mitigation Plan means, as set forth in Exhibit D to this PUD Guide, the sole and exclusive Development Standards for wildlife mitigation measures applicable within The Village (at Avon) PUD, and which . 137. 135. Wireless Telecommunication Equipment means any equipment used to provide Wireless Telecommunication Service, but which is not affixed to or contained within a Wireless Telecommunication Facility, but is instead affixed to or mounted on an existing Building or Structure the Primary Use of which is not for the provision of Wireless Telecommunications Services. Wireless Telecommunication Equipments also includes a ground mounted base station used as an Accessory Structure that is connected to an antenna mounted on or affixed to an existing Building. 138. 136. Wireless Telecommunication Facility means any freestanding facility, Building, pole, tower or other Structure used to provide only Wireless Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Wireless Telecommunications Services. 139. 137. Wireless Telecommunication Service means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal communications commission for paging systems, enhanced specialized wireless telecommunication, persona communication services, cellular telephone service and any similar services provided by means other than Cabled Telecommunication Services. 999369.9999369.10 I-21 Document comparison by Workshare Compare on Thursday, June 21, 2012 7:28:33 PM Input: Document 1 ID PowerDocs://DENVER01/999369/9 Description DENVER01-#999369-v9- Amended_and_Restated_PUD_Guide_- _V@A_Settlement Document 2 ID PowerDocs://DENVER01/999369/10 Description DENVER01-#999369-v10- Amended_and_Restated_PUD_Guide_- _V@A_Settlement Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 369 Deletions 614 Moved from 17 Moved to 17 Style change 0 Format changed 0 Total changes 1017