PZC Packet 0619181 Agenda posted on Friday, June 1, 2018 at the following public places within the Town of Avon:
-Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org
Please call 970-748-4023 for questions.
Planning & Zoning Commission
Meeting Agenda
Tuesday, June 19, 2018
If you require special accommodation please contact us in advance and we will assist you. You may call David McWilliams at 970-
748-4023 or email cmcwilliams@avon.org for special requests.
I. Call to Order – 5:00pm
II. Roll Call
III. Selection of Chairperson and Vice Chairperson
IV. Additions & Amendments to the Agenda
V. Conflicts of Interest
VI. Consent Agenda:
Meeting Minutes
• June 5, 2018 PZC Minutes
Records of Decision
• Major Development Plan – 254 Riverfront Lane
• Special Review Use - 228 and 238 West Beaver Creek Boulevard
VII. Workforce Housing Plan –PUBLIC HEARING – CONTINUED FROM JUNE 5, 2018
File: CPA18001
Summary: Review of the Avon Workforce Housing Plan, with recommendation and findings
prepared for Town Council final action.
VIII. Work Session - Sign Code
Summary: Town staff will outline the process for updating the sign code, including moving it to
Chapter 7, updating desired sign typologies, and properly responding to recent court
cases.
IX. Staff Updates
X. Adjourn
June 5, 2018 Planning and Zoning Commission Meeting Minutes 1
Planning & Zoning Commission
Meeting Minutes
Tuesday, June 5, 2018
I. Call to Order
The meeting was called to order at 5:05 by Planning Director Matt Pielsticker.
II. Town Clerk Swearing in of Commissioners Howell and Golembiewski
Debbie Hoppe, Avon Town Clerk, swore in the continuing Planning and Zoning Commissioners.
III. Roll Call
All Commissioners were present with the exception of Commissioners Hardy and Dammeyer.
Commissioner Golembiewski acted as interim chairperson until Item VI. Commissioner Barnes arrived after
roll call, during Item VI and resumed chair duties.
IV. Additions & Amendments to the Agenda
Written public comments regarding item X were distributed.
V. Conflicts of Interest
No Conflicts of interest were disclosed.
VI. Consent Agenda: Basecamp Residential Project Entrance Sign – 38359 US 6
Action: Commissioner Nusbaum made a motion to approve consent agenda. Commissioner Glaner
seconded the motion. The consent agenda was approved unanimously 5-0.
VII. Major Development Plan – 254 Riverfront Lane – CONTINUED PUBLIC HEARING
File: MJR18005
Legal Description: Lot 4 Riverfront Subdivision
Applicant: Jim Telling with East-West Partners
Summary: Application to build one triplex and six (6) duplexes on the property to the west of
the Westin hotel and condo property. Continued from the May 15, 2018 meeting.
Public Comments: No public comments.
Action: Commissioner Nusbaum made a motion to recommend Town Council approval of the
application with the following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design
Review. The design meets the development and design standards established in the Avon Development
Code and the PUD Design Standards;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan; and
5. The design relates the development to the character of the surrounding community.
Conditions:
June 5, 2018 Planning and Zoning Commission Meeting Minutes 2
1. A satisfactory irrigation plan that achieves silver or better LEED standards, and demonstrates square
footage coverage and hydrozones shall be presented to staff before a building permit will be issued;
2. No trees beyond those indicated on the landscape plan will be removed without the approval of the
Town, and special efforts will be made to preserve existing vegetation.
3. Temporary irrigation systems must be removed upon sufficient vegetation establishment, which shall
not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees.
4. The supply of water and fire services will be verified prior to issuing a building permit; and
5. The applicant shall provide a satisfactory snow removal plan on Riverfront Lane.
Commissioner Glaner seconded the motion and the motion passed unanimously 5-0.
VIII. Workforce Housing Plan –PUBLIC HEARING
File: CPA18001
Summary: Review of the Avon Workforce Housing Plan, with recommendation and findings
prepared for Town Council final action.
Public Comments: Todd Roehr presented his review of short term rentals and their relationship to
workforce housing.
Action: Commissioner Glaner made a motion to continue the item to the June 19, 2018 PZC
meeting. Commissioner Golembiewski seconded the motion and it passed
unanimously 5-0.
IX. Special Review Use – 228 and 238 West Beaver Creek Boulevard - CONTINUED PUBLIC HEARING
File: SRU15004
Legal Description: Lot 37 A&B Lot 38 A&B Block 2 Benchmark at Beaver Creek
Applicant: Todd Roehr
Summary: Application to extend the property’s Bed and Breakfast use in perpetuity. PZC asked
for more information from the applicant during the initial public hearing.
Public Comments: There were no public comments.
Action: Commissioner Glaner made a motion to approve the SRU permit with the following
findings and conditions:
Findings:
1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and determined
to be eligible for consideration with the applicable review criteria;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The public services and infrastructure needed for this application is provided by current capacity; and
6. The proposed use is consistent with the purpose and intent of the RD zone district, and the scale of
adjacent uses and activities.
Conditions:
1. Permit is valid for 10 years, until June 5, 2028;
2. The owner shall ensure the duplexes are occupied with an operator;
3. The owner and/or operator shall ensure all guests, visitors, employees, owners and operators of the
Bed and Breakfast park on-site; and
June 5, 2018 Planning and Zoning Commission Meeting Minutes 3
4. This use is granted to Mein House LLC, under control of Todd Roehr. Any change in ownership shall
require advanced notification to Community Development, and re-review by the Planning and Zoning
Commission.
Commissioner Howell seconded the motion and it carried unanimously 5-0.
X. Minor Development Plan – 2011 Beaver Creek Point addition – PUBLIC HEARING
File: MNR18014
Legal Description: Lot 111C Block 1 Wildridge
Applicant: Tom Rummler
Summary: Proposed construction of a garage, deck, and solar panel addition on the south side
of the existing house.
Public Comments: Written public comments from were referenced, including Doug and Lisa Curry, Emily
Horstmann, Debbie Connolly, Isaac Thompson; Richard Clubine, David & Mary Ann
Scherpf, Cristian Basso. The following members of the public spoke on the
application: David Scherff, 2011 Beaver Creek Point; Prentice O’Leary, 2060 Beaver
Creek Point; Hugh Joyce 2001 Beaver Creek Point.
Action: Commissioner Howell made a motion to table the item pending further information.
Commissioner Glaner seconded the motion and it passed unanimously 5-0.
XI. Work Session - Sign Code
Summary: Town staff delayed this work session until June 19, 2018.
XII. Action on Meeting Minutes
• May 15, 2018 PZC Minutes
Action: Commissioner Glaner made a motion to approve the May 15, 2018 meeting minutes. Commissioner
Nusbaum seconded the motion, and all were in favor. The motion passed 4-0, with Commissioner Barnes
abstaining due to his absence from the previous meeting.
XIII. Action on Records of Decision
• Major Development Plan and Alternative Equivalent Compliance - 4561 Flat Point
Action: Commissioner Howell motioned to approve the record of decision. Commissioner
Golembiewski seconded the motion and it carried 4-0 with Commissioner Barnes
abstaining due to his absence from the previous meeting.
• Major Development Plan - 4250 Wildridge Road West
Action: Commissioner Howell motioned to approve the record of decision. Commissioner
Golembiewski seconded the motion and it carried 4-0 with Commissioner Barnes
abstaining due to his absence from the previous meeting.
• Alternative Equivalent Compliance – 2290 Old Trail Road Fence
Action: Commissioner Howell motioned to approve the record of decision. Commissioner
Golembiewski seconded the motion and it carried 4-0 with Commissioner Barnes
abstaining due to his absence from the previous meeting.
XIV. Staff Updates
• Barn RFP Review
• July 3, 2018 meeting is cancelled.
June 5, 2018 Planning and Zoning Commission Meeting Minutes 4
XV. Adjourn
The meeting was adjourned at 9:33 p.m.
Approved this 19th Day of June 2018
SIGNED: ___________________________________________
Chairperson
PZC Record of Decision: #MJR18005 Page 1 of 2
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: June 5, 2018
TYPE OF APPLICATION: Major Development Plan
PROPERTY LOCATION: Lot 4 Riverfront Subdivision
FILE NUMBER: #MJR18005
APPLICANT: Jim Telling
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080(c):
DECISION: Recommendation that Town Council approve the development plan with the following findings and conditions:
FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code and the PUD Design Standards; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; and 5. The design relates the development to the character of the surrounding community.
CONDITIONS: 1. A satisfactory irrigation plan that achieves silver or better LEED standards, and demonstrates square footage coverage and hydrozones shall be presented to staff before a building permit will be issued; 2. No trees beyond those indicated on the landscape plan will be removed without the approval of the Town, and special efforts will be made to preserve existing vegetation. 3. Temporary irrigation systems must be removed upon sufficient vegetation establishment, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. 4. The supply of water and fire services will be verified prior to issuing a building permit; and 5. The applicant shall provide a satisfactory snow removal plan on Riverfront Lane.
PZC Record of Decision: #MJR18005 Page 2 of 2
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
PZC Record of Decision: #SRU15004 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: June 5, 2018
TYPE OF APPLICATION: Special Review Use
PROPERTY LOCATION: Lot 37 A&B Lot 38 A&B Block 2 Benchmark at Beaver Creek
FILE NUMBER: #SRU15004
APPLICANT: Todd Roehr
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.100(c):
DECISION: Approval of the Special Review Use with the following findings and conditions:
FINDINGS: 1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and determined to be eligible for consideration with the applicable review criteria; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The public services and infrastructure needed for this application is provided by current capacity; and 6. The proposed use is consistent with the purpose and intent of the RD zone district, and the scale of adjacent uses and activities.
CONDITIONS: 1. Permit is valid for 10 years, until June 5, 2028; 2. The owner shall ensure the duplexes are occupied with an operator; 3. The owner and/or operator shall ensure all guests, visitors, employees, owners and operators of the Bed and Breakfast park on-site; and 4. This use is granted to Mein House LLC, under control of Todd Roehr. Any change in ownership shall require reapplication for the Special Review Use permit.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
June 19, 2018 PZC Meeting
Comprehensive Plan– Avon Workforce Housing Plan 2018-2021
1
Staff Report – Comprehensive Plan
June 19, 2018 Planning & Zoning Commission Meeting
Project File #CPA18001
Application Type Comprehensive Plan
Document Avon Workforce Housing Plan – 2018-2021
Prepared By Matt Pielsticker, AICP, Planning Director
SUMMARY
On June 5, 2018, Willa Williford, Williford, LLC. presented the Avon Workforce Housing Plan 2018-2021 (“the
Plan”). PZC continued the public hearing to the June 19, 2018 meeting. While the commission voiced overall
support behind having more detailed housing policy, there were several reccomendations and comments
collected at the hearing; warranting another review to build a record of decision and final recommendation
to Town Council. Attached to this report are the following:
A – Clean Copy of the Plan – as presented June 5, 2018
B – Strikethrough Copy of the Plan – based on comments received June 5, 2018
In addition to the specific comments that have been incorporated within Attachment B, there were other
general comments that staff recommends PZC forward to Council as part of a formal recommendaiton. The
addtiional comments/recommendations are as follows:
1. A narrow/lower range target for the AMI goals is desired… concern for trying to “be everything to
everyone.”
2. Consider removing Right of First Refusal as a tool.
3. Consider adding rental assistance as a tool.
4. Add business outreach as an action step, and more language regarding business partners as part of
the solution.
5. Concern for “missing middle” and inability to recruit and retain early to mid-career professional
level staff.
6. What would be a continuous funding source? Consider adding.
7. Add additional clarification about water and sanitation fees and how roles and responsibilities are
shared between ERWSD and the Town.
8. Concern that this Plan doesn’t provide guidance for PZC as they review site specific applications.
BACKGROUND
Workforce housing has continually been emphasized as a priority by the Town Council. The importance
of a proactive workforce housing program was reinforced in the 2017 Comprehensive Plan goals and
policies, as well as the 2017-2019 Strategic Plan. On March 7, 2018 the Town Council conducted a
Workforce Housing Retreat, facilitated by Willa Williford and led by housing professionals from Eagle and
Summit counties. Chairperson Lindsay Hardy attended the retreat and learned about other successful
workforce housing policies and projects in Breckenridge and Boulder. The purpose of the Workforce
Housing Retreat was to provide data regarding housing need, review Avon’s current workforce housing
stock, learn about successful workforce housing projects in other jurisdictions, and for Council to develop
actionable strategies for the Town.
June 19, 2018 PZC Meeting
Comprehensive Plan– Avon Workforce Housing Plan 2018-2021
2
Out of the Workforce Housing Retreat, a draft document was presented to the Town Council on May 8,
2018 for comments and to gain feedback and direction to finalize the draft. Additional edits have been
made to the document based on Council’s initial review, and it is now being presented to PZC for a formal
recommendation.
PROCESS
The Avon Workforce Housing Plan 2018-2021 is considered a Comprehensive Plan, as defined by Title 7 of
the Avon Development Code. As such, Sections §7.16.020 and §7.16.030 of the Development Code outline
the review procedures for new Comprehensive Plan “applications.” As mentioned, the Avon Workforce Plan
2018-2021 requires a hearing before PZC, recommendation to Town Council, and then two readings of an
ordinance by Town Council.
Staff will return to the July 17, 2019 PZC meeting with a formal Record of Decision and Findings of Fact,
documenting the Commission’s action.
REVIEW CRITERIA
According to Section §7.16.030(e) of the Development Code, the criteria below are to be used when
evaluating the plan. The review criteria are included here for reference and to aid in formulating a Record of
Decision and recommendation to the Town Council.
(1) The surrounding area is compatible with the land use proposed in the plan amendment or the
proposed land use provides an essential public benefit and other locations are not feasible or practical;
(2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to
serve potential traffic demands of the land use proposed in the plan amendment;
(3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land
use proposed in the plan amendment;
(4) The proposed land use in the plan amendment will result in a better location or form of development
for the Town, even if the current plan designation is still considered appropriate;
(5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with
other key elements and policies of the plan;
(6) The proposed plan amendment will promote the purposes stated in this Development Code; and,
(7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community
and will be consistent with the general goals and policies of the Avon Comprehensive Plan.
AVAILABLE ACTIONS
1) Conduct Public Hearing and finalize recommendation.
2) Conduct Public Hearing and continue to July 17, 2018 meeting.
3) Conduct Public Hearing and continue to a meeting not later than sixty-five (65) days from June 5,
2018 – not later than August 7, 2018.
RECOMMENDED MOTION
“I move to recommend that the Town Council approve the Redline version of the Avon Workforce Housing
Plan 2018-2021, with additional recommendations/comments documented in staff’s June 19, 2019 report,
and citing the following findings:
JUNE 5 & 19-PZC
PUBLIC HEARINGS &
RECOMMENDATIONS
JULY 10-COUNCIL
FIRST READING OF
ORDINANCE
JULY 24 -COUNCIL
PUBLIC HEARING & 2nd
READING OF
ORDINANCE
June 19, 2018 PZC Meeting
Comprehensive Plan– Avon Workforce Housing Plan 2018-2021
3
1) The Avon Workforce Housing Plan 2018-2021 complies with the goals and policies of the Avon
Comprehensive Plan by strengthening the policy objectives related to achieving a diverse range of
housing types to serve all segments of the population;
2) The plan complies with the review criteria outlined in Section §7.16.030(e) of the Development Code;
3) The proposed plan bolsters the purpose statements of the Development Code; Purpose (n):
“Achieve a diverse range of attainable housing which meets the housing needs created
by jobs in the Town, provides a range of housing types and price points to serve a
complete range of life stages and promotes a balanced, diverse and stable full time
residential community which is balanced with the visitor economy;”; and
4) The proposed plan promotes the health, safety, and welfare of the Avon Community by
supporting working families and building a stable community with opportunities for families and
young professionals.”
ATTACHMENTS
A - Avon Workforce Housing Plan 2018-2021 (CLEAN)
B – PZC Strikethrough Avon Workforce Housing Plan 2018-2021
Page 1 of 8
Avon Workforce Housing Plan 2018-2021
Prepared by Willa Williford for the Town of Avon
“Avon’s vision is to provide a high quality of life, today and in the
future, for a diverse population; and to promote their ability to
live, work, visit and recreate in the community.”
- TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017
Introduction
The Town of Avon seeks to build upon a long history as a high amenity year-round resort
community, strengthening its vibrant and inclusive community culture. The current
Comprehensive Plan sets the vision for a diversity of exciting opportunities for residents,
businesses, and visitors. The current housing market, which offers very few opportunities for
year-round residents to put down roots in Avon, poses a challenge to this vision.
The potential community benefits of increasing workforce housing efforts to include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local
residents and businesses;
• Greater ability to retain individuals and families throughout life and career phases,
strengthening sense of community, opportunity, and quality of life;
• Further the goals of the Climate Action Plan by reducing single occupant vehicle
commuting; and
• Greater opportunities for arts and culture to thrive.
The Need
Since the end of the recession jobs and population have been growing much more rapidly than
housing inventory, creating many challenges:
• Frustration for employees seeking housing;
• Employers facing unfilled positions, turnover, higher training costs, and lost productivity;
• Precipitous increases in home prices, well beyond the means of most local residents;
• Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and
• Negative impacts on individuals and families, who are spending a disproportionate
amount of their income on housing, commuting long distances, and living in locations or
situations that are not sustainable for the long term.
Median price for all homes sold in 2017 was $438,000. Condos accounted for 71% of these
sales, with a median price of $358,500. The median price for single family homes, duplexes and
townhomes was $850,000. The home price affordable to a median income family is less than
half that at about $316,000. Only four units were on the market for $316,000 or lower in early
2018. The rental market is similarly challenging: vacancy rates have been approaching zero,
and since 2007, average rental rates have risen 48% across the Eagle River Valley.
ATTACHMENT A
Avon Housing Work Plan 2018-2021 Adopted_______
Page 2 of 8
To meet the needs of local employees in the Eagle River Valley, over 4,000 additional homes
will be required by 2020.1 In mid-valley, which includes Eagle Vail, Avon and Edwards, 1,500
homes will be needed. Subsidies or public/private partnerships are anticipated to be required for
the majority of these homes to be financially feasible and affordable to local employees.
Avon and the mid-valley are highly desired locations for local households. In a recent survey of
Eagle River Valley households, 40% of renters and 39% of owners selected mid-valley as their
first choice for where they want to live.2
Strengths and Assets
Avon has numerous assets related to housing opportunities to build upon successes and
lessons learned from previous housing initiatives:
• An inventory of 670 workforce housing units currently, about 90% of which are for
rent;
• An Affordable Housing Fund balance of about $570,000;
• A partnership with The Valley Home Store for monitoring and compliance of deed
restrictions on for-sale homes;
• Employee housing mitigation requirements for some new commercial development;
• Successful PUD negotiations to provide deed restricted housing resulting in 63
perpetually restricted units to date;
• History of regional collaboration with public sector, non-profit and private sector on
housing issues;
• Significant inventory of attainable free market housing;
• Significant opportunities for development and redevelopment, with water rights,
transit access and existing density on vacant and underutilized private parcels; and
• Adopted Comprehensive Plan, which sets workforce housing as top policy priority.
Goals and Objectives
The Comprehensive Plan sets two housing goals (each with numerous supporting policies):
• Achieve a diverse range of housing densities, styles, and types, including rental and for
sale, to serve all segments of the population.
• Coordinate with neighboring communities to provide an attainable housing program that
incorporates both rental and ownership opportunities, affordable for local working
families.
Goals and Objectives of this Housing Plan are as follows:
• Focus on increasing deed restricted homeownership opportunities at $430,000 and
below (equivalent to 140% Area Median Income for a household of three people).
• Grow the inventory of homeownership more quickly then rental housing, to create a
more balanced portfolio, with a long-term goal of about 50% rental, 50% ownership.
1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford
2 Ibid.
ATTACHMENT A
Avon Housing Work Plan 2018-2021 Adopted_______
Page 3 of 8
• When considering new rental housing, prioritize price point, quality and amenities
attractive to “step up” renters and seniors looking to downsize, focusing on the 60-140%
AMI level.
• Stabilize or increase the percentage of year-round residents; currently 55% of all homes
in Avon are occupied by year-round residents.
• Stabilize or increase the percentage of employees who live and work in Avon.
• Seek to add at least 50 deed restricted units to the inventory by 2021.
• As sites redevelop, strive for “no net loss,” and when possible, an increase of housing
serving the local workforce.
• Review and re-evaluate goals and objectives in late 2021 or early 2022.
Tools and Strategies
In order to achieve these goals and objectives, the following tools and strategies should be
pursued. Tools and strategies are organized into three categories: Housing Development and
Retention, Funding, and Housing Policy. A timeline for implementation is included in Appendix
A.
Housing Development and Retention
A top priority is pursuing workforce housing development on Town owned land. Two parcels,
identified in the Town of Avon Properties Plan, are appropriate to move forward with workforce
housing development in the next three years. These sites are Wildwood and Swift Gulch.
This Plan is recommending that public outreach, feasibility analysis, and conceptual design for
Wildwood move forward this year. Planning for Swift Gulch can begin when there is a clear path
forward for finance, entitlements, and construction for Wildwood. Both sites are anticipated to be
developed through public/private partnerships.
Two strategies have been identified to preserve market rate attainable housing that is
currently at risk of being lost to locals through rapid price increases and/or redevelopment. The
first strategy is to “buy-down” attainable market rate units and preserve their affordability with a
permanent deed restriction. Nearby precedents for this approach include Vail InDEED and
Eagle Valley Ranch. This is a homeownership strategy. The second strategy is to secure right
of first refusal on properties that currently house local employees. A right of first refusal
creates the opportunity for the Town to purchase and preserve these assets, if the owner
decides to sell and the Town decides the property is a priority and is able to secure finance
timely. This is a mobile home and multi-family housing strategy. This program development is
anticipated to begin in 2019.
Investing in and maintaining the current inventory of deed restricted housing is an important
component of housing development and retention. Much of the affordable rental housing
inventory has recently been renovated, however, the homeownership inventory is in need of
capital planning and reinvestment. The Town of Avon has recently contracted with The Valley
Home Store to assist with compliance monitoring and re-sale of deed restricted properties. The
next phase of this effort will be to conduct a capital needs assessment of the assets and make a
plan for funding and implementing capital improvements. This effort is anticipated to begin in
2020.
ATTACHMENT A
Avon Housing Work Plan 2018-2021 Adopted_______
Page 4 of 8
Cultivating additional public private partnerships and seeking to purchase additional land
for workforce housing are additional strategies that will be ongoing.
Funding
Local funding is a key ingredient to building and maintaining workforce housing. Investing (or
“leveraging”) local funds is essential to attracting the outside funding sources such as grants,
loans, tax credits and private investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance of about $570,000. It is
anticipated that those funds will be invested in the efforts outlined in this Plan, and that
additional funds will be needed moving forward. A two-step process is envisioned to secure
additional local funds for housing. The first step will be to review current revenue streams
and determine if additional funds can be directed to housing efforts through the annual
budgeting process. This review will begin at the end of 2018.Depending on the outcome of the
first step, the second step be to seek opportunities for new funding sources, which could
include approaches such as increased linkage fees, regional collaboration, and/or a local ballot
initiative.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment
that is favorable for workforce housing. The Town has a strong track record in including
workforce housing in PUD approvals. The Town will continue to encourage, and, in some
instances, require workforce housing in new planning approvals.
Initiatives to update and strengthen housing policies will include:
• Review existing code for opportunities to increase the year-round occupancy of the
existing housing stock, including consideration of short term rental, accessory
dwelling unit, and lock-off incentives and regulations.
• Update mitigation/linkage policies to be more proactive in addressing workforce
housing needs. Current policies are limited to very narrowly defined locations and
development requests, and the current mitigation rate is low compared with peer
communities.
• Consider implementing an inclusionary housing policy. Inclusionary housing was
considered in the 2010 code update, but was not adopted at that time. Inclusionary
housing is a tool to create housing affordable to the local workforce. It is recommended
to look at inclusionary housing and mitigation/linkage at the same time, to better
understand how the two tools complement each other, support policy goals, and
maintain a level playing field for commercial and residential development.
• Conducting a comprehensive review of fees associated with new construction
including entitlements and water/sewer taps. This review will look at both Town of Avon
and Eagle River Water and Sanitation District fee structures and will be a collaborative
process between the two agencies to recommend updates. A goal of the process will be
to align fees with workforce housing policy goals, as well as formalize a fee
waiver/reimbursement process for workforce housing that meets defined criteria.
The Town of Avon understands the regional nature of housing, transportation and employment
in the Eagle River Valley. In pursuit of workforce housing, the Town will continue to participate in
regional studies, seek opportunities to participate in regionally significant workforce housing
ATTACHMENT A
Avon Housing Work Plan 2018-2021 Adopted_______
Page 5 of 8
developments beyond Town boundaries, and participate in employer forums, and be an
advocate for other regional initiatives.
Leadership and Responsibilities
The work of furthering workforce housing in Avon is currently shared among several Town
departments and outside partners. The Town Council sets goals, budget, workplan and adopts
new regulations and approves or denies land use requests. Working on behalf of the Council,
the Town Manager’s office is responsible for public/private partnerships, and long-range
planning and strategy. The Planning Office is responsible for existing and proposed inventory,
PUD processes, permits and fees, and land use code related initiatives. Revenue sources,
budgeting, financing and bonding are supported by the Town Finance Director. The Town
contracts with The Valley Home Store for deed restriction monitoring, compliance, and sales of
deed restricted properties. This structure is proposed to remain in place, with additional capacity
contracted from time to time. These responsibilities are further defined in Appendix A.
Investment Criteria
As the Town of Avon seeks to deploy current and future Housing Fund balance to increase
workforce housing opportunities, the Town will evaluate the opportunity based on the following
criteria:
1. Does the proposed project meet the goals and objectives of the Comp Plan and this
Housing Plan?
2. Does the investment fill a gap that would otherwise keep the proposed project from
moving forward?
3. Does the project encourage resource conservation, energy efficiency and sustainable
development? Does the location offer access to multi-model transportation options and
other services?
4. Is there participation from other regional partners, public and/or private?
ATTACHMENT A
Avon Housing Work Plan 2018-2021 Adopted_______
Page 6 of 8
ATTACHMENT A
Avon Housing Work Plan 2018-2021 Adopted_______
Page 7 of 8
APPENDIX B – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new homes and/or commercial development to
contribute to workforce housing relative to demand
generated by the new construction. For residential,
mitigation rate often increases with house size, and deed
restricted units are typically exempt. Fees in lieu provides
revenue stream that fluctuates with building activity.
Documented relationship between fee and impact
required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build affordable
housing. General funds or other source need to cover cost
of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with creating
goals and objectives, developing policies, securing
appropriate land for housing, and moving forward with
public/private partnerships. Dedicated funding sources
take many forms including grants, fee in lieu payments,
taxes, voluntary assessments, proceeds from rents or
sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build homes, typically on
publicly-owned sites, or using other public resources such
as property tax exemption. RFQ/RFP process effective for
selecting development partners. Ownership of land
can be retained with long-term land leases.
Eagle County, Vail,
Breckenridge, Boulder
Land Banking Acquiring land for eventual housing development when
specific project is not known.
Summit County, Vail,
Boulder County,
Breckenridge,
Telluride
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee -
in-lieu of replacement could be allowed.
Boulder, Basalt
ATTACHMENT A
Avon Housing Work Plan 2018-2021 Adopted_______
Page 8 of 8
APPENDIX C - Area Median Income for Eagle County 2018
Area Median Income for Eagle County, 2018
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270
Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450
60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540
Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720
Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900
Moderate/Middle (140% AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260
Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800
Source: CHFA
Affordable Home Price Calculation by AMI, 2018
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600
Affordable Purchase price
Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915
Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132
HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434
Max Affordable Price -5% down $92,000 $184,000 $307,000 $430,000 $614,000
Affordable Rent $587 $1,175 $1,958 $2,741 $3,915
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan that 30% of their monthly income. HOA, property
taxes and insurance of 20% where included. The max mortgage assumes an interest rate of
5.0%, which is about half point higher than prevailing rates for 30 -year fixed rate mortgages.
Interest rates are rising, however, and will have a profound impact on housing affordability. A
one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price
for a median income household by $30,000 to $35,000.
ATTACHMENT A
APPENDIX A – Timeline and Responsibilities
Lead 2018 2019 2020 2021 Longer Term
Housing Development and Retention
Town Owned Property #1 - Wildwood
Conduct Feasibility Avon - Planning
Seek Development Partner(s)Avon - Planning
Select partner Avon - Council
Entitlement and finance TBD
Construct TBD
Evaluate purchase of additional land for housing Avon - Manager
Cultivate Public Private Partnerships Avon - Manager
Develop a housing preservation program
Evaluate best practices from other communities Avon - Planning/TVHS
Develop program guidelines for individual properties Avon - Planning/TVHS
Explore mechanisms for mobile homes/multifamily properties Avon - Manager
Town Owned Property #2 - Swift Gulch
Confirm use for housing and conduct feasibility Avon - Planning
Seek Development Partner(s)Avon - Planning
Select partner Avon - Council
Entitlement and finance TBD
Construct TBD
Invest in and maintain existing inventory
Conduct capital assessment of DR ownership inventory Avon - Planning/TVHS
Funding
Review Current Revenue Streams and evaluate fund contributions
Include annual allocation for housing in budget process Avon - Finance
Approve fund transfers Avon - Council
Seek opportunities for new funding sources Avon - Manager
Housing Policy
Review Code Opportunities - Accessory Dwelling Units, Short Term Rentals and Lock-offs, Commercial to Residential opportunities
Assess current codes, best practices, opportunities to revise Avon- Planning
Recommend code changes Avon- PZC
Consider for Adoption Avon - Council
Consider Mitigation/Linkage Updates and Inclusionary Housing
Hire consultant(s)Avon- Planning
Review current and previous ordinances and calculations Avon- Planning
Analyze opportunities Avon- Planning
Conduct outreach Avon- Planning
Revise and recommend adoption Avon- PZC
Consider for Adoption Avon - Council
Formalize Fee Waiver Program
Review Town of Avon building and planning fees Avon- Planning
Review Town of Avon water/sewer tap structure Avon- Planning
Codify requirements for waivers/reimbursements Avon- Council
Participate in regional studies, site analysis, and employer forums Avon- Planning
TVHS The Valley Home Store
DR Deed Restricted
Page 1 of 8
Avon Workforce Housing Plan 2018-2021
Prepared by Willa Williford for the Town of Avon
“Avon’s vision is to provide a high quality of life, today and in the
future, for a diverse population; and to promote their ability to
live, work, visit and recreate in the community.”
- TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017
Introduction
The Town of Avon seeks to build upon a long history as a high amenity year-round resort
community, strengthening its vibrant and inclusive community culture. The current
Comprehensive Plan sets the vision for a diversity of exciting opportunities for residents,
businesses, and visitors. The current housing market, which offers very few opportunities for
year-round residents to put down roots in Avon, poses a challenge to this vision.
The potential community benefits of increasing workforce housing efforts to include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local
residents and businesses;
• Greater ability to retain individuals and families throughout life and career phases,
strengthening sense of community, opportunity, and quality of life;
• Further the goals of the Climate Action Plan by reducing single occupant vehicle
commuting; and
• Greater opportunities for arts and culture to thrive.
The Need
Since the end of the recession jobs and population have been growing much more rapidly than
housing inventory, creating many challenges:
• Frustration for employees seeking housing;
• Employers facing unfilled positions, turnover, higher training costs, and lost productivity;
• Precipitous increases in home prices, well beyond the means of most local residents;
• Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and
• Negative impacts on individuals and families, who are spending a disproportionate
amount of their income on housing, commuting long distances, and living in locations or
situations that are not sustainable for the long term.
Median price for all homes sold in 2017 was $438,000. Condos accounted for 71% of these
sales, with a median price of $358,500. The median price for single family homes, duplexes and
townhomes was $850,000. The home price affordable to a median income family is less than
half that at about $316,000. Only four condominium units were on the market for $316,000 or
lower in early 2018. The rental market is similarly challenging: vacancy rates have been
approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River
Valley.
Avon Housing Work Plan 2018-2021 Adopted_______
Page 2 of 8
To meet the needs of local employees in the Eagle River Valley, over 4,000 additional homes
will be required by 2020.1 In mid-valley, which includes Eagle Vail, Avon, and Edwards, 1,500
homes will be needed. Subsidies or public/private partnerships are anticipated to be required for
the majority of these homes to be financially feasible and affordable to local employees.
Avon and the mid-valley are highly desired locations for local households. In a recent survey of
Eagle River Valley households, 40% of renters and 39% of owners selected mid-valley as their
first choice for where they want to live.2
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is
setting goals, objectives, and action steps to respond. The Town’s resources include land,
funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address
the housing need, these resources will be used to leverage opportunities and create
partnerships.
Strengths and Assets
Avon has numerous assets related to housing opportunities to build upon successes and
lessons learned from previous housing initiatives:
• An inventory of 670 workforce housing units currently, about 90% of which are for
rent;
• An Affordable Housing Fund balance of about $570,000. This fund is anticipated to
increase soon, and these resources can be leveraged to create housing
opportunities that meet the goals of this Plan;
• A partnership with The Valley Home Store for monitoring and compliance of deed
restrictions on for-sale homes;
• Employee housing mitigation requirements for some new commercial development;
• Successful PUD negotiations to provide deed restricted housing resulting in 63
perpetually restricted units to date;
• History of regional collaboration with public sector, non-profit and private sector on
housing issues;
• Significant inventory of attainable free market housing;
• Significant opportunities for development and redevelopment, with water rights,
transit access and existing density on vacant and underutilized private parcels;
• Commercially zoned land that may also be appropriate for residential development;
and
• Adopted Comprehensive Plan, which sets workforce housing as top policy priority.
Goals and Objectives
The Comprehensive Plan sets two housing goals (each with numerous supporting policies):
• Achieve a diverse range of housing densities, styles, and types, including rental and for
sale, to serve all segments of the population.
1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford
2 Ibid.
Avon Housing Work Plan 2018-2021 Adopted_______
Page 3 of 8
• Coordinate with neighboring communities to provide an attainable housing program that
incorporates both rental and ownership opportunities, affordable for local working
families.
Goals and Objectives of this Housing Plan are as follows:
• Focus on increasing deed restricted homeownership opportunities at $430,000 and
below (equivalent to 140% Area Median Income for a household of three people).
• Grow the inventory of homeownership more quickly then rental housing, to create a
more balanced portfolio, with a long-term goal of about 50% rental, 50% ownership.
• When considering new rental housing, prioritize price point, quality and amenities
attractive to “step up” renters and seniors looking to downsize, focusing on the 60-140%
AMI level.
• Stabilize or increase the percentage of year-round residents; currently 55% of all homes
in Avon are occupied by year-round residents.
• Stabilize or increase the percentage of employees who live and work in Avon.
• Seek to add at least 50 deed restricted units to the inventory by 2021.
• As sites redevelop, strive for “no net loss” of units in the target AMI range, and when
possible, an increase of housing serving the local workforce.
• Review and re-evaluate goals and objectives in late 2021 or early 2022.
Tools and Strategies
In order to achieve these goals and objectives, the following tools and strategies should be
pursued. Tools and strategies are organized into three categories: Housing Development and
Retention, Funding, and Housing Policy. A timeline for implementation is included in Appendix
A.
Housing Development and Retention
A top priority is pursuing workforce housing development on Town owned land. Two parcels,
identified in the Town of Avon Properties Plan, are appropriate to move forward with workforce
housing development in the next three years. These sites are Wildwood and Swift Gulch.
This Plan is recommending that public outreach, feasibility analysis, and conceptual design for
Wildwood move forward this year. Planning Preliminary analysis for Swift Gulch can begin when
there is a clear path forward for finance, entitlements, and construction for Wildwood. Both sites
are anticipated to be developed through public/private partnerships.
Two strategies have been identified to preserve market rate attainable housing that is
currently at risk of being lost to locals through rapid price increases and/or redevelopment. The
first strategy is to “buy-down” attainable market rate units and preserve their affordability with a
permanent deed restriction. Nearby precedents for this approach include Vail InDEED and
Eagle Valley Ranch. This is a homeownership strategy. The second strategy is to secure
explore mechanisms such as mobile home preservation, acquisition, and right of first
refusal to preserve on properties that currently house local employees. A right of first refusal
creates the opportunity for the Town to purchase and preserve these assets, if the owner
decides to sell and the Town decides the property is a priority and is able to secure finance
Avon Housing Work Plan 2018-2021 Adopted_______
Page 4 of 8
timely. This is a mobile home and multi-family housing strategy. This program development is
anticipated to begin in 2019.
Investing in and maintaining the current inventory of deed restricted housing is an important
component of housing development and retention. Much of the affordable rental housing
inventory has recently been renovated, however, the homeownership inventory is in need of
capital planning and reinvestment. The Town of Avon has recently contracted with The Valley
Home Store to assist with compliance monitoring and re-sale of deed restricted properties. The
next phase of this effort will be to conduct a capital needs assessment of the homeownership
assets and make a plan for funding and implementing capital improvements. This effort is
anticipated to begin in 2020.
Cultivating additional public private partnerships and seeking to purchase additional land
for workforce housing are additional strategies that will be ongoing.
Funding
Local funding is a key ingredient to building and maintaining workforce housing. Investing (or
“leveraging”) local funds is essential to attracting the outside funding sources such as grants,
loans, tax credits and private investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance of about $570,000. It is
anticipated that those funds will be invested in the efforts outlined in this Plan, and that
additional funds will be needed moving forward. A two-step process is envisioned to secure
additional local funds for housing. The first step will be to review current revenue streams
and determine if additional funds can be directed to housing efforts through the annual
budgeting process. This review will begin at the end of 2018.Depending on the outcome of the
first step, the second step be to seek opportunities for new funding sources, which could
include approaches such as increased linkage fees, regional collaboration, and/or a local ballot
initiative. Public private partnerships are also a funding strategy, generating potential access to
grants, below market loans, and resources such as the Low Income Housing Tax Credit.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment
that is favorable for workforce housing. The Town has a strong track record in including
workforce housing in PUD approvals. The Town will continue to encourage, and, in some
instances, require workforce housing in new planning approvals.
Initiatives to update and strengthen housing policies will include:
• Review existing code for opportunities to increase the year-round occupancy of the
existing housing stock, including consideration of short term rental, accessory
dwelling unit, and lock-off incentives and regulations.
• Update mitigation/linkage policies to be more proactive in addressing workforce
housing needs. Current policies are limited to very narrowly defined locations and
development requests, and the current mitigation rate is low compared with peer
communities.
• Consider implementing an inclusionary housing policy. Inclusionary housing was
considered in the 2010 code update, but was not adopted at that time. Inclusionary
housing is a tool to create housing affordable to the local workforce. It is recommended
to look at inclusionary housing and mitigation/linkage at the same time, to better
Avon Housing Work Plan 2018-2021 Adopted_______
Page 5 of 8
understand how the two tools complement each other, support policy goals, and
maintain a level playing field for commercial and residential development.
• Conducting a comprehensive review of fees associated with new construction
including entitlements and water/sewer taps. This review will look at bothfocus on Town
of Avon and Eagle River Water and Sanitation District fee structures and how the Town
might reimburse fees imposed by Eagle River Water and Sanitation District will be a
collaborative process between the two agencies to recommend updates. A goal of the
process will be to align fees with workforce housing policy goals, as well as
formalize a fee waiver/reimbursement process for workforce housing that meets
defined criteria.
The Town of Avon understands the regional nature of housing, transportation and employment
in the Eagle River Valley. In pursuit of workforce housing, the Town will continue to participate in
regional studies, seek opportunities to participate in regionally significant workforce housing
developments beyond Town boundaries, and participate in employer forums, and be an
advocate for other regional initiatives.
Leadership and Responsibilities
The work of furthering workforce housing in Avon is currently shared among several Town
departments and outside partners. The Town Council sets goals, budget, workplan and adopts
new regulations and approves or denies land use requests. Working on behalf of the Council,
the Town Manager’s office is responsible for public/private partnerships, and long-range
planning and strategy. The Planning OfficeCommunity Development Department is responsible
for existing and proposed inventory, PUD processes, permits and fees, and land use code
related initiatives. Revenue sources, budgeting, financing and bonding are supported by the
Town Finance Director. The Town contracts with The Valley Home Store for deed restriction
monitoring, compliance, and sales of deed restricted properties. This structure is proposed to
remain in place, with additional capacity contracted from time to time. These responsibilities are
further defined in Appendix A.
Investment Criteria
As the Town of Avon seeks to deploy current and future Housing Fund balance to increase
workforce housing opportunities, the Town will evaluate the opportunity based on the following
criteria:
1. Does the proposed project meet the goals and objectives of the Comp Plan and this
Housing Plan?
2. Does the investment fill a gap that would otherwise keep the proposed project from
moving forward?
3. Does the project encourage resource conservation, energy efficiency and sustainable
development? Does the location offer access to multi-model transportation options and
other services?
4. Is there participation from other regional partners, public and/or private?
Avon Housing Work Plan 2018-2021 Adopted_______
Page 6 of 8
Avon Housing Work Plan 2018-2021 Adopted_______
Page 7 of 8
APPENDIX B – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new homes and/or commercial development to
contribute to workforce housing relative to demand
generated by the new construction. For residential,
mitigation rate often increases with house size, and deed
restricted units are typically exempt. Fees in lieu provides
revenue stream that fluctuates with building activity.
Documented relationship between fee and impact
required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build affordable
housing. General funds or other source need to cover cost
of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with creating
goals and objectives, developing policies, securing
appropriate land for housing, and moving forward with
public/private partnerships. Dedicated funding sources
take many forms including grants, fee in lieu payments,
taxes, voluntary assessments, proceeds from rents or
sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build homes, typically on
publicly-owned sites, or using other public resources such
as property tax exemption. RFQ/RFP process effective for
selecting development partners. Ownership of land
can be retained with long-term land leases.
Eagle County, Vail,
Breckenridge, Boulder
Land Banking Acquiring land for eventual housing development when
specific project is not known.
Summit County, Vail,
Boulder County,
Breckenridge,
Telluride
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee -
in-lieu of replacement could be allowed.
Boulder, Basalt
Avon Housing Work Plan 2018-2021 Adopted_______
Page 8 of 8
APPENDIX C - Area Median Income for Eagle County 2018
Area Median Income for Eagle County, 2018
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270
Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450
60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540
Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720
Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900
Moderate/Middle (140% AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260
Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800
Source: CHFA
Affordable Home Price Calculation by AMI, 2018
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600
Affordable Purchase price
Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915
Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132
HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434
Max Affordable Price -5% down $92,000 $184,000 $307,000 $430,000 $614,000
Affordable Rent $587 $1,175 $1,958 $2,741 $3,915
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan that 30% of their monthly income. HOA, property
taxes and insurance of 20% where included. The max mortgage assumes an interest rate of
5.0%, which is about half point higher than prevailing rates for 30 -year fixed rate mortgages.
Interest rates are rising, however, and will have a profound impact on housing affordability. A
one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price
for a median income household by $30,000 to $35,000.
Sign Code Work Session 1
Staff Report –Sign Code Update
Project type: Sign Code Update
Report Date: June 19, 2018
Location:
Prepared By:
Throughout Town
David McWilliams, Town Planner
Introduction
An update to the Avon Sign Code (Chapter 15.28) is long overdue. The Avon Sign Code was
originally adopted in 1986 and has been left largely untouched. Updates are necessary in order to
better respond to changing aesthetic ideals and changes to the interpretation of the law. Aside
from making it more current, staff proposes moving the Sign Code from the Buildings and
Construction chapter to the Development Code chapter for ease of reference. This work session
seeks to clarify what the current Code does and does not include, and to determine a set of priorities
that staff can address in the rewrite process.
Questions for PZC
General code: Should certain sign construction types be required or disallowed from town?
Currently, Code encourages, “interior-lit, individual Plexiglas-faced letters; or three-dimensional
individual letters with or without indirect lighting” with quality materials. Are other types more
favored? Are there types that should be banned?
Sign Programs: They are used around town to grant properties more area or other advantages than
would be allowed with following the Sign Code. What guidance should be codified to make
desired and undesired outcomes clearer? Should certain sign types be disallowed from a program?
Sign Program Amendments: How should amendments be phased? Should there be staff level
review of certain amendments? Should individual tenants be allowed to apply for an amendment?
If yes, what kinds of support from the HOA or property owner should be required?
Other considerations?
Schedule
Staff anticipates a series of work sessions to hone in on desired changes that work towards a viable
strikethrough, followed by a public hearing, and then final action by Council with an Ordinance.
The target completion date is November 9th.
Sign Code Work Session 2
Sign Code Update Draft Schedule
June 19, 2018
Work session: Staff will present the state of the sign code, detail changes in the law, and their
experience with administration of the program. PZC will be asked their opinion on what
direction sign code amendments should take. Eric Heil will present legal considerations of the
sign code.
July 17, 2018
Work Session: Staff will present a draft code to PZC for their review. Feedback given will be
used to produce a final draft.
August 21, 2018
Work Session: Staff will present a draft code to PZC for their review. Feedback given will be
used to produce a final draft.
September 4, 2018
Public Hearing: Staff will present the final draft and PZC will vote on its recommendation for
adoption.
September 25, 2018
Town Council First Reading
October 9, 2018
Town Council Second Reading
November 9, 2018
Sign Code Adopted
Sign Code Work Session 3
A Sample of Recently Installed Signs, and Others
Sign Code Work Session 4
Sign Code Work Session 5
CHAPTER 15.28 - Sign Code
15.28.010 - Short title.
This Chapter shall be known as, and may be cited as, the "Sign Code of the Town of Avon." (Ord.
86-3 §1(part))
15.28.020 - Definitions.
For the purposes of this Chapter, the following words shall have the following meanings:
Building front means the lineal distance along the exterior face of a structure housing an
individual business or businesses that is adjacent to and most nearly parallel to a lot front. A building
shall be considered to have as many building fronts as the property upon which it is situated has lot
fronts.
Handbill means a written or printed notice or advertisement, traditionally distributed by hand,
but, for the purposes of this Chapter, shall also include all such notices or advertisements when
posted, tacked or otherwise affixed to poles, posts or other public fixtures.
Individual business lot means a business located on a separate lot and contained in a single
building or area.
Joint directory means a sign which may list tenants in a building, and/or may be used as a guide
for persons to the location of an individual or tenant in a complex or building.
Lot front means the portion or portions of a property line that are contiguous to a public street or
mall.
Multiple business lot (business center) means a lot or series of lots, buildings or units containing
separate businesses that are attached or physically related and operated as a group.
Reflective surface means any material or device that has the effect of intensifying reflected light,
such as Scotchlight, Day-Glo, glass beads and luminous paint.
Sign means an identification, description, logo, illustration or device that is affixed to, or
represented directly or indirectly upon, a building, structure or land, and that directs attention to a
product, place, activity, person, institution or business.
Sign area means the entire surface within a single continuous perimeter enclosing the extreme
limits of writing, representation, emblem or any figure or a similar character, together with any
material or color forming an integral part of the display or used to differentiate the sign from the
background against which it is placed. The sign area for signs with display area on more than one (1)
side shall be the largest total area of all sides which could be visible from a single point.
Sign, business means a sign that directs attention to a business, profession, service, product,
activity or entertainment, sold or offered upon the premises where such sign is located.
Sign, commercial lot entrance means a sign that is placed at an entrance to a commercial lot,
that identifies the primary vehicular entrance. Sign may include the name of the property or business,
in addition to directional information.
Sign, component means a sign that is composed of more than one (1) individual sign, on a
common background or structure.
Sign, development means a sign with the intent to identify a proposed project or project under
construction, or potential development on vacant land.
Sign, directional means a sign that is located on the property to which it relates, and that only
gives direction and information for traffic (pedestrian and vehicular) control.
Sign, freestanding means a single- or multi-faced sign affixed to a supporting structure, or
embedded in and extending from the ground, or detached from the building. Allowable size may
include supporting structure.
Sign, home occupation means a sign that advertises a home occupation in a residence.
Sign, illuminated means any sign designed to give forth any artificial light, or designed to reflect
such light from an artificial source.
Sign, indirectly illuminated means any illuminated sign for which illumination is derived entirely
from an external, artificial source.
Sign, kiosk means a freestanding, permanent structure that contains a sign or signs that serve
and relate to exclusively pedestrian areas.
Sign, political means a sign that advertises or refers to persons or issues involved in official
elections.
Sign, portable means a sign that is not permanently affixed to a post, wall, fence, building or
other structure. A sign on a self-contained stand or vehicle of any sort, located and used for
commercial purposes.
Sign program means a comprehensive, narrative description of allowed sign types, and scaled
drawings of any building, lot, parcel, collection of parcels or other premises, showing the number,
size, description, color, materials and location of all signs thereon.
Sign, projecting or hanging means any sign attached to a building and extending, in whole or in
part, more than eight (8) inches. Allowable size does not include supporting structure.
Sign, public means a sign, located within a right-of-way of a public street or road, that gives
direction or information for a public use area, including parks, schools, churches, public meeting
rooms, fire stations, hospitals, government buildings or other public places or activities.
Sign, real estate means a sign for the intended purpose of selling, leasing or renting property.
Sign, residential project entrance means any sign that identifies a subdivision or residential
building or buildings.
Sign, temporary means any sign, banner, pennant or other device that directs persons to a
special event, location or offering, that is not permanent in nature.
Sign, wall means any sign painted on, or attached parallel to, the wall facing of a building and
projecting not more than eight (8) inches.
Sign, window means a sign affixed on, or located within thirty-six (36) inches of the interior
surface of a window fronting a public way.
(Ord. 88-6 §l; Ord. 86-3 51 (part))
15.28.030 - Prohibited signs.
The following signs shall not be permitted, erected or maintained in the Town:
(1) Signs that incorporate projected images, emit any sound that is intended to attract attention or
involve the use of live animals;
(2) Signs not permanently affixed or attached to the ground or to any structure, except for window
signs, temporary barriers utilized for emergency purposes and temporary signs, in accordance
with this code;
(3) Any sign or structure that:
a. In any way obstructs the view of, may be confused with or purports to be, an official traffic
sign, signal or device or any other official sign; or
b. Creates in any other way an unsafe distraction for motor vehicle operators; or
c. Obstructs the view of motor vehicle operators entering a public roadway from any parking
area, service drive, private driveway or other thoroughfare; or
d. Is unsafe or constitutes a hazard to safety or health for any reason; or
e. Is not kept in good repair;
(4) Any sign that obstructs free ingress to, or egress from, a required door, window, fire escape or
other required exit way;
(5) Off-premises advertising signs;
(6) Any sign not pertinent and clearly incidental to the permitted use on the property where
located;
(7) Any sign that is in violation of any county, state or federal regulation;
(8) Distribution of handbill advertisements placed on autos, poles, buildings, etc., not authorized by
the Town;
(9) Private signs in the public right-of-way;
(10) Any prohibited, illegal or nonconforming sign, as defined herein.
(Ord. 86-3 51(part))
15.28.040 - Exempted signs.
The provisions of this Chapter shall not apply to the following signs:
(1) Memorial signs or tablets, not exceeding two (2) square feet of total area, and permanently
attached to the building, listing name of building and date of erection;
(2) Official governmental notices, notices posted by governmental officers in the performance of
their duties and governmental signs to control traffic, to identify streets, to warn of danger or for
other purposes;
(3) Temporary decorations or displays when they are clearly incidental to, and are customarily and
commonly associated with, any national, local or religious holiday or celebration, provided that
such decorations are maintained in an attractive condition and do not constitute a fire hazard,
as determined by the administrator;
(4) Temporary or permanent signs erected by public utility companies or construction companies
to warn of danger or hazardous conditions, including signs indicating the presence of
underground cables, gas lines and similar devices;
(5) Any sign located in the Town, currently maintained in satisfactory condition, that was approved
and erected under previous regulations, unless it is determined to be nonconforming or illegal
as hereinafter defined;
(6) The use or operation of nonconforming or illegal signs shall be terminated as follows:
a. By obsolescence. At such time as any sign becomes obsolete. A sign becomes obsolete
with the discontinuance of the business, service or activity that it advertises; removal of the
business or activity from the location to which it directs; or for other similar reasons,
provided, however, that this provision shall not apply to seasonal closings;
b. By abandonment. Abandonment of a nonconforming sign shall terminate immediately the
right to use or operate such sign;
c. By destruction, damage or alteration. The right to continue use or operation of any
nonconforming sign shall terminate whenever the sign is altered in any way, or damaged or
destroyed by more than fifty percent (50%) of its replacement value;
d. By violation of this Title. Any violation of this Title shall terminate immediately the right to
continue a nonconforming sign;
e. By condemnation. The Town Council may choose to condemn a nonconforming sign.
Recommendations for condemnation may be made by the Planning and Zoning
Commission;
f. By amortization. The right to continue to use or operate a nonconforming sign shall
terminate five (5) years after the effective date of the ordinance codified in this Chapter or
the annexation of the area in which the sign is located to the Town.
(Ord. 86-3 51(part))
15.28.050 - Sign code administration.
(a) Establishment of sign code administrator. There is established a sign administrator of the Town, to
be a member of the Town staff, appointed by the Town Manager, designated to administer and
enforce this Chapter.
(b) Application and approval required. Applications that require review by the Planning and Zoning
Commission:
(1) Application for design review approval of a sign shall be made in accordance with the
procedures, rules and regulations of the Planning and Zoning Commission and the sign code.
Design review of all new buildings or projects shall include design review of all proposed signs
or a sign program.
(2) In the case of multiple businesses on a lot, or a business center including more than one (1)
business under separate lease, the applicant shall submit a sign program for signing of the
entire building, buildings or business center. Upon approval of such a sign program by the
Planning and Zoning Commission, and upon determination by the sign administrator that an
individual sign complies with the program, an installation permit for that sign shall be approved
by the sign administrator.
(c) Application procedures—sign installation permit required. A sign installation permit shall be
required, prior to the placing, erecting, moving, reconstructing, altering or displaying of any sign
within the incorporated limits of the Town, unless expressly exempted by the provisions of this Code.
Application, and appropriate installation permit fees, as determined in accordance with the
International Building Code fee structure, shall be filed with the sign administrator by the owner of the
building or his/her authorized agent. Said applications shall contain, or have attached thereto, the
following information:
(1) The name and address of the owner or other person in control or possession of the real
property upon which the sign is to be constructed, erected, operated, used, maintained, posted
or displayed;
(2) The name of the person, firm, corporation or association erecting the structure, the total area of
the proposed sign, in square feet, and the height of the proposed sign structure from ground
level;
(3) The legal description of the property upon which said sign is to be located;
(4) The type of sign (i.e. freestanding, hanging, projecting, etc.);
(5) The proposed location of the sign on the property identified, and the location and total surface
area of all other permitted signs existing on the property or buildings;
(6) Three (3) copies of detailed drawings, drawn to scale, containing complete plans and
specifications to show methods of construction and anchoring to building or ground;
(7) The sign elevation, which must indicate overall and letter/figure dimensions, colors, materials,
proposed copy and illumination;
(8) A site plan, which must indicate all signs existing or proposed for the site, with dimensions,
colors, materials, copy, illumination and required landscaping;
(9) Building elevation, with sign depicted.
(Ord. 86-3 51 (part))
15.28.060 - Sign design guidelines.
(a) Harmonious with Town scale. Sign location, configuration, design, materials and colors should be
harmonious with the existing signs on the structure, with the neighborhood and with the Townscape.
(b) Harmonious with building scale. The sign should be harmonious with the building scale, and should
not visually dominate the structure to which it belongs or call undue attention to itself.
(c) Materials. Quality sign materials, including anodized metal; routed or sandblasted wood, such as
rough cedar or redwood; interior-lit, individual Plexiglas-faced letters; or three-dimensional individual
letters with or without indirect lighting, are encouraged. Sign materials, such as printed plywood,
interior-lit box-type plastic and paper or vinyl stick-on window signs are discouraged, but may be
approved, however, if determined appropriate to the location, at the sole discretion of the Planning
and Zoning Commission.
(d) Architectural harmony. The sign and its supporting structure should be in harmony architecturally,
and in harmony in color with the surrounding structures.
(e) Landscaping. Landscaping is required for all freestanding signs, and should be designed to
enhance the signage and surrounding building landscaping.
(1) A minimum of five (5) lineal feet out from, and around the perimeter of, the sign shall be
landscaped.
(f) Reflective surfaces. Reflective surfaces are not allowed.
(g) Lighting. Lighting should be of no greater wattage than is necessary to make the sign visible at
night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon
tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed in
such a manner that direct light does not shine in a disturbing manner.
(h) Location. On multi-story buildings, individual business signs shall generally be limited to the ground
level.
(Ord. 86-3 51(part))
15.28.070 - Design review criteria.
The Planning and Zoning Commission shall consider the following items in reviewing proposed
designs:
(1) The suitability of the improvement, including materials with which the sign is to be constructed
and the site upon which it is to be located;
(2) The nature of adjacent and neighboring improvements;
(3) The quality of the materials to be utilized in any proposed improvement;
(4) The visual impact of any proposed improvement, as viewed from any adjacent or neighboring
property;
(5) The objective that no improvement will be so similar or dissimilar to other signs in the vicinity
that values, monetary or aesthetic, will be impaired;
(6) Whether the type, height, size and/or quantity of signs generally complies with the sign code,
and are appropriate for the project;
(7) Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is
appropriate for the determined orientation.
(Ord. 86-3 51 (part))
15.28.080 - Sign allowance.
Signs are permitted as follows:
(1) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area per
lineal foot of building front.
(2) Multiple business lot signs.
a. Total building or project identification sign area shall not exceed one (1) square foot per
lineal foot of building front for the first thirty-two (32) feet and one-third (?) square foot per
lineal foot of building front in excess of thirty-two (32) square feet. Total building or project
identification sign area shall not exceed a maximum of sixty-four (64) square feet per lot
front unless approved as part of a sign program by the Planning and Zoning Commission.
b. Each individual ground-level business shall be permitted four (4) square feet of sign area in
pedestrian-oriented locations or twenty (20) square feet of sign area in vehicular-oriented
locations. The Planning and Zoning Commission shall make the determination with regard
to the orientation of location.
c. Total sign allowance for an individual business may be increased by a sign program
approved by the Planning and Zoning Commission. Generally the increased total sign
allowance shall not exceed one (1) square foot of sign area per lineal foot of the portion of
building front that is contiguous to the interior space occupied by the individual business.
(3) Multiple signs. More than one (1) sign may be permitted, in writing, by the Planning and Zoning
Commission, provided the total sign area does not exceed the total allowed for the lot or
building.
(4) Kiosks. Kiosks shall be located only in exclusively pedestrian-oriented areas. The display area
shall not exceed six (6) feet in height, and shall not exceed four (4) feet in any horizontal
direction.
(5) Window signs. Window signs are permitted, provided that no more than twenty-five percent
(25%) of the exterior window area is covered by signs, and further provided that the wording
thereon is not repetitious of other signs in the immediate vicinity. Window signs conforming with
this criteria may be approved by the sign administrator without review by the Planning and
Zoning Commission.
(6) Component signs. Component signs are permitted provided that the total area does not exceed
the permitted maximum for any building or lot calculated cumulatively with all other signs.
(7) Development signs. Development signs are permitted, provided that:
a. Only one (1) sign per parcel, lot or group of contiguous lots under one (1) ownership, not to
exceed sixteen (16) square feet of display area and eight (8) feet in height;
b. Signs must be removed within thirty (30) days of land sale or upon issuance of a certificate
of occupancy;
c. In no case may a sign be retained for more than two (2) years unless an extension is
granted by the Planning and Zoning Commission;
d. The sign administrator may issue a permit for a development sign meeting these criteria
without Planning and Zoning Commission review;
e. Development signs not meeting these criteria may be approved by the Planning and
Zoning Commission only upon a determination by the Planning and Zoning Commission
that a variance should be granted pursuant to Section 15.28.090(b) of this Code.
(8) Real estate signs. Real estate signs are allowed, as follows:
a. Multi-family buildings containing three (3) or more residential units:
1. Signs not exceeding two (2) square feet of area may be displayed from inside a
window.
b. Single-family, duplex and vacant land:
1. Only standard signs, of licensed real estate companies, are allowed;
2. Sign area shall not exceed six (6) square feet per side;
3. No more than one (1) sign, per tract of land under single ownership, may be
displayed.
c. Real estate signs meeting the above criteria may be installed without review or permit.
Proposed real estate signs not meeting the above criteria shall be considered under
regulations for development signs.
(9) Residential project entrance signs. Residential project entrance signs are permitted; provided
that:
a. One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square
feet in area and eight (8) feet in height;
b. One (1) sign per secondary entrance, not to exceed sixteen (16) square feet in area and
eight (8) feet in height.
(10) Political signs. Political signs are permitted, provided that:
a. Sign shall not be installed more than ninety (90) days before the election or event to which
it relates;
b. Signs shall be removed within ten (10) days following the election or event to which they
relate;
c. No permit or approval shall be required if the above conditions are met.
(11) Lot entrance signs. Lot entrance signs are permitted, provided that:
a. A maximum of one (1) sign per entrance is permitted;
b. Sign shall not exceed five (5) feet in height and four (4) square feet of display area.
(12) Temporary signs. Temporary signs are permitted, provided that:
a. A business may display, on a one-time basis for not more than thirty (30) days, one (1)
temporary sign per calendar year. Such temporary sign shall have a maximum area of not
more than thirty-five (35) square feet.
b. In addition to permissible temporary signs as set forth in subparagraph a of this Section,
during the permitting and installing process for a business's permanent identification sign,
such business may display one (1) temporary sign with a maximum area equal to the
business's permanent identification sign's allowable square footage. Such temporary sign
will be allowed to remain in place for not more than thirty (30) days.
c. The sign administrator may issue a permit for a temporary sign meeting the criteria in
Subparagraphs a and b of this Section without Planning and Zoning Commission review.
d. Temporary signs not meeting the criteria in Subparagraphs a and b of this Section may be
approved by the Planning and Zoning Commission only upon a determination by the
Commission that a variance should be granted pursuant to Section 15.28.090.
(13) Joint directory signs. Joint directory signs are permitted, provided that:
a. Sign area for individual tenants shall not exceed one (1) square foot;
b. Total sign area shall not exceed twenty-five (25) square feet.
(14) Freestanding signs. Freestanding signs will generally be allowed only in vehicular-oriented
areas. In general, sites shall be limited to one (1) freestanding sign with an area of forty (40)
square feet and a height of eight (8) feet. The Planning and Zoning Commission shall have
discretionary powers to approve more than one (1) freestanding sign when a property has
entrances from more than one (1) front lot line. The Planning and Zoning Commission shall also
have discretionary powers to approve a freestanding sign with a maximum total area of sixty-
four (64) square feet and a maximum height of twenty (20) feet. Freestanding signs may not
exceed the height of the tallest building on the site.
(15) Setback limitation. Freestanding signs shall be set back at least ten (10) feet from all lot lines.
(16) Sign programs. Sign programs are encouraged for all projects, and are required as a part of
the design review process for all proposed projects. Sign programs shall be in accordance with:
a. Sign programs shall be compatible with the site and building, and should provide for a
similarity of types, sizes, styles and materials for signs within a project. Several alternatives
for signage should be included in the program so as not to be so restrictive as to eliminate
individuality.
b. Sign programs may be proposed or changed only by the owners of the building or the
owners' association. Sign program changes or proposals may not be made by an individual
business.
c. Proposed signs, not in accordance with an approved sign program, will only be considered
by the Planning and Zoning Commission upon receipt of written evidence that the
proposed sign is acceptable to the owners of the building or the owners' association.
d. All sign programs shall be in written and plan form. Plans shall indicate size, location, type
and number of signs for the site and buildings.
e. Programs may include limitations on wording, colors, design, lighting, materials and other
restrictions, and deemed appropriate by the applicant.
(Ord. 98-3 §IV; Ord. 88-6 §§2, 3; Ord. 86-3 §1(part))
15.28.090 - Maintenance, variances, construction code.
(a) Sign maintenance, repair and removal.
(1) Violation—notice. If the sign administrator finds that any sign is maintained in violation of the
provisions of this Code, said administrator shall give written notice of the violation, by certified
mail, to the owner or person entitled to possession of the sign, or the owner of the property
where the sign is located.
(2) Failure to comply—Town abatement. If the person fails to alter or remove the sign so as to
comply with this Code within fifteen (15) days after receipt of the notice, the sign administrator
may cause the sign to be altered or removed at the expense of the owner or person entitled to
possession of the property or sign, and shall, upon determination of the expenses, certify them
to the Town Clerk.
(3) Lien. The Town Clerk shall notify the owner or person entitled to possession of the sign or
property of the total costs incurred for the alteration or removal of the sign. If that person fails,
within thirty (30) days after the date of notification, to pay the entire costs and expenses of the
repair, alteration or removal, then the costs and expenses shall become a lien against the
property, and the Town Clerk shall certify them to the County Treasurer for collection in the
same manner as general property taxes are collected.
(4) Costs. The amount certified by the Town Clerk to the County Treasurer for collection shall
include the actual cost of repair or removal of the sign plus fifteen percent (15%), and, in
addition thereto, shall include an amount equal to ten percent (10%) representing penalty and
interest for the cost of collection.
(5) Maintenance required—enforcement. All signs in the Town shall be properly maintained, to the
satisfaction of the Planning and Zoning Commission, at all times. The Commission shall have
the authority to order the painting, repair or removal of a sign, and accompanying landscaping,
that constitutes a hazard to safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence or abandonment. Their decision shall be subject to
review by the Town Council, in accordance with the provisions of Chapter 2.16. Notification
shall be by certified mail. If, within fifteen (15) days, the maintenance orders are not complied
with, the sign administrator may order the sign removed, at the owner's expense, under the
provisions of Subparagraphs (1) through (4) of this Subsection.
(b) Variances.
(1) Purpose. The Planning and Zoning Commission shall have authority to grant variances from
this regulation to prevent or lessen such practical difficulties and unnecessary physical
hardships, inconsistent with the objectives of this Chapter, as would result from strict or literal
interpretation and enforcement.
(2) Approval criteria. Before acting on a variance request, the Planning and Zoning Commission
shall consider the following factors:
a. The relationship of the requested variance to existing and potential uses and structures in
the vicinity;
b. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity;
c. Such other factors and criteria as the Planning and Zoning Commission deems applicable
to the requested variance.
(3) Findings required. The Planning and Zoning Commission shall make the following findings
before granting a variance:
a. That the granting of the variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties in the vicinity;
b. That the variance is warranted for one (1) or more of the following reasons:
1. The strict or literal interpretation and enforcement of the regulation would result in
practical difficulty or unnecessary physical hardship inconsistent with the objectives of
this Chapter,
2. There are exceptional or extraordinary circumstances or conditions applicable to the
site of the variance that do not apply generally to other properties in the vicinity,
3. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties in the
vicinity.
(4) Conditional granting. The granting of a variance may be conditioned on action by the applicant.
(c) Construction code. The International Building Code , and the codes incorporated therein, shall be
used in determining the use of materials and construction methods in the erection or placement of
signs. No sign shall be placed unless or until construction plans have been approved by the Planning
and Zoning Commission, and a building permit has been issued by the sign administrator, unless the
sign is exempted herein.
(Ord. 04-07 §9; Ord. 86-3 §1(part))
15.28.100 - Liability not relieved.
The provisions of this Title shall not be construed as relieving, or limiting in any way, the
responsibility or liability of any person, firm or corporation erecting or owning any signs from personal
injury or property damage resulting from the placing of the sign, or resulting from the negligence or willful
acts of such person, firm or corporation, his, her or its agents, employees or workmen, in the construction,
maintenance, repair or removal of any sign erected in accordance with a permit issued under the
provisions of this Chapter; nor shall it be construed as imposing upon the Town, its officers, employees or
the Planning and Zoning Commission, any responsibility or liability by reason of the approval of any signs,
materials or devices under the provisions of this Chapter.
(Ord. 86-3 §1(part))
15.28.110 - Penalty.
Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil
infraction for each and every day or portion thereof during which any infraction is committed, continued or
permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
(Ord. 07-03 §18; Ord. 02-08 §8; Ord. 86-3 §1(part))
15.28.120 - Captions.
The captions and paragraph headings used throughout this Chapter are for the convenience of
reference only, and the words contained therein shall in no way be held or deemed to define, limit,
describe, explain, modify, amplify or add to the interpretations, construction or meaning of any provision
to, or the scope of intent of, this Chapter.
(Ord. 86-3 §1(part))