TC Packet 03-12-2019
TOWN OF AVON , COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
_____________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL ACTING TOWN CLERK BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
COUNCIL CLOSED EXECUTIVE SESSION BEGINS AT 4:00 PM (SEE AGENDA BELOW)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM (SEE AGENDA BELOW)
1. CALL TO ORDER AND ROLL CALL 4:00
2. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON
THE VILLAGE (AT AVON) DEVELOPMENT AGREEMENT AND 2012 SETTLEMENT UNDER CRS §24‐6‐402(2)(B)
(40 MINUTES) 4:00
3. APPROVAL OF AGENDA 5:00
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 5:05
* AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE
TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.
5. PRESENTATIONS
5.1. RIVER HEALTH AND WATER QUALITY MONITORING UPDATE
(SETH MASON, LOTIC HYDROLOGICAL, AND DAVE REES, TIMBERLINE AQUATICS) (30 MINUTES) 5:10
5.2. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY ADVISORY COMMITTEE UPDATE
(DOUG JIMENEZ AND KIM BELL WILLIAMS) (20 MINUTES) 5:40
5.3. BROADBAND PRESENTATION (ED BARRETT, HR GREEN, INC.) (30 MINUTES) 6:00
6. ACTION ITEMS
6.1. FIRST READING ORDINANCE 19‐03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING
REQUIREMENTS AND DEVELOPMENT BONUS (PLANNING DIRECTOR MATT PIELSTICKER) (40 MINUTES) 6:30
6.2. PUBLIC HEARING SECOND READING ORDINANCE 19‐02 AMENDING CHAPTER 3.08 SALES TAX AND ENACTING
CHAPTER 3.10 CIGARETTE EXCISE TAX (TOWN ATTORNEY ERIC HEIL) (10 MINUTES) 7:10
6.3. FIRST READING ORDINANCE 19‐01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX
EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS (TOWN ATTORNEY ERIC HEIL) (45 MINUTES) 7:20
6.4. REVIEW AND ACTION ON PROPOSED UPDATE TO CC4CA POLICY AGENDA
(ACTING TOWN MANAGER PRESTON NEILL) (5 MINUTES) 8:05
6.5. CONSENT AGENDA (5 MINUTES) 8:10
6.5.1. APPROVAL OF MINUTES FROM FEBRUARY 26, 2019 REGULAR COUNCIL MEETING (ACTING TOWN CLERK
BRENDA TORRES)
6.5.2. APPROVAL OF MINUTES FORM FEBRUARY 26, 2019 SPECIAL COUNCIL MEETING (ACTING TOWN MANAGER
PRESTON NEILL)
6.5.3. APPROVAL OF MINUTES FROM FEBRUARY 27, 2019 SPECIAL COUNCIL MEETING (ACTING TOWN MANAGER
PRESTON NEILL)
TOWN OF AVON , COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
_____________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL ACTING TOWN CLERK BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
2
7. WRITTEN REPORTS
7.1. POLAR PLUNGE EVENT UPDATE (POLICE CHIEF GREG DALY)
7.2. REAL ESTATE TRANSFER TAX ANALYSIS (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
7.3. UPPER EAGLE REGIONAL WATER AUTHORITY FEBRUARY 28, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:15
9. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER
C.R.S. §24‐6‐402(2)(B) CONCERNING A SPECIAL EVENT (30 MINUTES) 8:30
10. ADJOURNMENT 9:00
_________________________________________________________________________________________________________________________________________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings.
Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in
advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council
meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any
other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a
majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No.
17‐05.
FUTURE AGENDA ITEMS:
PUBLIC HEARING RESOLUTION 19‐XX, CAPITAL PROJECTS FUND BUDGET AMENDMENT
INTERVIEWS AND APPOINTMENT OF SEVEN (7) CULTURAL, ARTS, AND SPECIAL EVENTS COMMITTEE MEMBERS
FIRST READING ORDINANCE 19‐XX ADDING CHAPTER 1.14 OF TITLE 1 OF THE AVON MUNICIPAL CODE PERTAINING
TO CAMPAIGN FINANCE
OVERVIEW OF LEGAL AUTHORITY TO REGULATE POLYSTYRENE, SINGLE USE PLASTIC PRODUCTS, AND PLASTIC
BOTTLES
AVON ROAD/I70 UNDERPASS WORK SESSION
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: March 12, 2019
Topic: RIVER HEALTH AND WATER QUALITY MONITORING UPDATE
SUMMARY
Seth Mason of Lotic Hydrological (coordinator of Eagle River Watershed Council's Water Quality
Monitoring & Assessment Program) and Dave Rees of Timberline Aquatics will attend Tuesday’s Council
meeting to update Council on county‐wide water quality data collection and analysis efforts with a focus
on macroinvertebrate health in the Eagle River and its major tributaries. Ongoing water quality
monitoring supported by the Town of Avon and coordinated by the Eagle River Watershed Council
suggests that urbanization along the river corridor continues to negatively impact aquatic communities
and that those conditions may be worsening in some areas.
The presentation materials were not finalized in time to be included in the Council packet. Seth and Dave
will have copies of their presentation ready for Council during Tuesday’s Council meeting.
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: March 12, 2019
Topic: EAGLE COUNTY HOUSING & DEVELOPMENT AUTHORITY ADVISORY COMMITTEE UPDATE
SUMMARY
Doug Jimenez and Kim Bell Williams will attend Tuesday’s Council meeting to provide updates on housing
and the work of the Eagle County Housing & Development Authority Advisory Committee.
ATTACHMENTS
Town of Avon Housing Update Presentation
Housing in Eagle County
1
Town of Avon Housing update
Eagle County Housing &
Development Authority
Advisory Committee
2
Advisory Committee roles
•Meets quarterly
•Recommendation to board on housing policies
and priorities since 2016
•Members
○Doug Jimenez, Avon
○David Myler, Basalt
○Bret Hooper, Eagle
○Gary Brooks, Eagle County at large
○Tom Edwards, Gypsum
○Barb Smith, Red Cliff
○George Ruther, Vail
3
Town of Avon Housing Updates
•YIMBY Jamboree in January 2019
•The Valley Home Store partnership
○First Time Home Buyer Classes
■May 8, 2019 (Wednesday) 5:30 - 7:30 pm
■September 19, 2019 (Thurs) 5:30-7:30 pm
○Employee Housing Unit compliance with
existing for sale units
•Deed restricted housing map in Avon
3
Affordable
Housing
Properties
in Avon
4
5
Down Payment Assistance program
Eagle County Loan Fund
(ECLF)
•Homebuyers under 160% AMI
•$600,000 max purchase price
•Owners/buyers must live and
work in EC
•Loan term 15 years
•Equity share
•Home Buyers Assistance
Committee members
○Scott Prince
○Chico Thuon
2018 ECLF
Review
A record year
•50 loans approved
•$657,413 in loan
volume
6
Historical
ECLF Review
●387 loans total
●$4,835,118 in loan
volume
•145 loans in current
portfolio
•$2,039,305 in loan
volume in current
portfolio
7
2019 ECLF pacing
ECLF off to a busy start
•6 loans have closed YTD, totaling $90,000
•2 loans are approved (1 Habitat for Humanity buyer)
•2 loans are under review
With loans closed and loans pending,
the estimated fund balance is $138,756
Enough for 9 loans at $15,000 OR 13 loans at $10,000
8
9
Avon Community Housing Plan
•March 7, 2018 Housing
Retreat
•Ordinance 18-07 adopted
August 2018
•Goals and objectives
•Diverse range of
housing
•Coordinate with
neighboring
communities
10
Eagle River Valley Housing Needs and Solutions
Presented on May 8, 2018
13
Housing Tools
14
Housing Tools (page 2)
Legend =
15
16
Looking ahead to new inventory in 2019
•Two10 at Castle Peak
•22 workforce rental units
converted to senior
independent living
•6 West Apartments
•120 for rent resident occupied
units in West Edwards
•Spring Creek Apartments
•282 LIHTC rental units
(60-80% AMI) in Gypsum
Two10 at Castle Peak, Eagle Ranch rendering
Questions?
•Reports and Advisory Committee found at
www.eaglecounty.us/housing
Doug Jimenez, djcolorado@mail.com
Kim Bell Williams, kim.williams@eaglecounty.us
17
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: March 12, 2019
Topic: BROADBAND PRESENTATION
SUMMARY
Ed Barrett with HR Green Inc. will attend Tuesday’s Council meeting to deliver a presentation regarding all
things broadband. His presentation will focus on the following areas:
1. What’s going on with broadband in the state?
2. What’s going on locally with NWCCOG’s Project Thor?
3. What decisions need to be made to study community‐based broadband services?
4. Next steps to study the issue more deeply.
ATTACHMENTS
Avon Broadband Options PowerPoint
GOVERNMENTAL SERVICESAVON BROADBAND OPTIONSMARCH 12, 2019
Avon Broadband | Opportunity Overview2•A few definitions –•MegaBITS= telecom speed•8 BITS = 1 BYTE•MegaBYTES= data storage So… think of a 3 Megabyte attachment (song, doc, photo) ~ 25 megabitsBroadband = 25 megabits per second•Current FCC definition = “25 & 3” Problem…HDTV streaming = 80 mbps per TVMost homes ~ 10 devices per personWHAT IS BROADBAND?
Avon Broadband | Opportunity Overview3•Speeds•Cost•Local Control•Improved ServiceWHAT IS DRIVING MUNICIPAL BROADBAND?
Avon Broadband | Opportunity Overview4WHAT ARE OTHER CITIES DOING –AND WHY?
Avon Broadband | Opportunity Overview5WHAT DOES THE FUTURE LOOK LIKE?•Wireless 5G ServicesSpeedsCostLocal ControlImproved Service
Avon Broadband | Opportunity Overview6WHAT DOES THE FUTURE LOOK LIKE?•Wireless 5G Services•Improved ExperiencesSpeedsCostLocal ControlImproved Service* Graphic by IntelliStreets, Inc.
Avon Broadband | Opportunity Overview7WHAT DOES THE FUTURE LOOK LIKE?•Wireless 5G Services•Improved Experiences•Autonomous Vehicles
Avon Broadband | Opportunity Overview8WHAT DOES THE FUTURE LOOK LIKE?•Wireless 5G Services•Improved Experiences•Automated Vehicles•Education & Digital Divide
Avon Broadband | Opportunity Overview9A LOOK AT THE VAIL VALLEY & PROJECT THOR
Avon Broadband | Opportunity Overview10VAIL VALLEY KEY CHALLENGES•Outages & Service Reliability•Lack of Carrier Redundancy & Backhaul Availability•Pricing Substantially Above Front Range Services•Limited competition in some communities
Avon Broadband | Opportunity Overview11PROJECT THOR - NWCCOG•Regional Network•Solves Backhaul Issues•Significant Cost Savings
Avon Broadband | Opportunity Overview12HR GREEN RECENT ENGAGEMENT - THOR•Create Financial Model for Anchor Institution Network•Conduct Community Interviews•Create & Adjust Financial Models •Evaluate Sustainability of Financial Models•Facilitate Organizational Structure Discussions
Avon Broadband | Opportunity Overview13HOW MUCH COULD YOU SAVE? Current
Bandwidth
(Mbps)
Total Current
Charges
Expiration Date Potential THOR Bandwidth (Mbps) Projected Monthly Charges Anchor Institution ChargesEagle County 2,000 3,411$ 3/1/2022 2,100 2,520$ Eagle County Library System 40 2,132$ 6/30/2019 1,000 1,200$ Eagle Fire District 80 510$ 11/30/2020 100 120$ Mountain Recreation District 100 1,910$ 12/31/2019 1,300 1,560$ Town of Eagle 200 3,160$ 12/1/2020 1,500 1,800$ Vail Health 300 2,640$ 5/31/2020 1,500 1,800$ Gypsum Fire District 20 428$ 1/1/2019 100 120$ Town of Gypsum 110 1,384$ 12/13/2021 600 720$ Eagle County Schools 5,600 12,177$ 6/30/2019 6,000 7,200$ Totals 8,450 27,752$ 14,200 17,040$ Anchors Projected Charges Anchor's Current Charges •Recent Community Study•Increases Bandwidth•Decreases Cost ~40%
Avon Broadband | Opportunity Overview14PROJECT THOR PARTICIPATION PROS & CONSReduced Anchor CostsFacilitates CompetitionReduced Retail PricingControl of Network OperatorImproved SpeedsImproved ReliabilityLower future cost of bandwidthOpportunity for Future Municipal Retail Broadband Services via Open AccessEconomic Development ImpactsSocio Economic Impacts (Digital Divide)Unfair to Private Sector / Not Government’s RoleCommunity AlreadyWell ServedOperator/Service Failure Financial Failure/Debt Service
Avon Broadband | Opportunity Overview15PROJECT THOR STATUS•Contracts to participating communities•Planned fall launch of services•Eagle votes on contract 3/26•Avon can join at any point in the future
Avon Broadband | Opportunity Overview16STUDYING COMMUNITY-BASED BROADBAND
Avon Broadband | Opportunity Overview17“If I had an hour to solve a problem I'd spend 55 minutes thinking about the problem and 5 minutes thinking about solutions.” – Albert EinsteinPlanDesignBuildVisionOperateTHE HR GREEN BROADBAND STRATEGY
Avon Broadband | Opportunity Overview18Our process is designed to quickly deploy your network, while concurrently maintaining “off-ramps” as you develop better understanding of the risks, rewards, challenges and opportunities.THE HR GREEN BROADBAND STRATEGYPlanDesignBuildVisionOperate
Avon Broadband | Opportunity Overview19WHAT IS VISIONING•Community Engagement•Assessment of Local Market Conditions•Evaluation of assets and opportunities•Evaluate public sector/anchor institution needs•Discussion of community values and priorities•Establish a strategy upon which to execute
Avon Broadband | Opportunity Overview20COMMON OBJECTIVES INTERACTION•Must set a Vision for what this means in Avon…•Your choices are based on conflicting values
Avon Broadband | Opportunity Overview21COMMON OBJECTIVES INTERACTIONUbiquityAffordabilityOwnershipCompetitionChoiceRisk AversionCash FlowPerformance•Must set a Vision for what this means in Avon…•Your choices are based on conflicting values
Avon Broadband | Opportunity Overview22HR GREEN FIBER & BROADBAND SERVICESStrategic Policy Development & ImplementationCore Equipment Architecture & DesignRegional Collaboration Master Planning & EngineeringOperational Modeling Business Model AssessmentTelecommunications Colocation ConsultingGrant Writing & AdministrationRegulatory Compliance Business Case Needs AssessmentProject / Program Management Market AssessmentConstruction Management Telecommunications Network Design
Avon Broadband | Opportunity Overview23Publicly Owned & Operated(Municipally Owned & Operated)Publicly Owned & Operated(Municipally Owned & Operated)Public/Private Partnerships (Install fiber/ conduit and lease capacity to providers)Public/Private Partnerships (Install fiber/ conduit and lease capacity to providers)Public/Private Partnerships(Leverage Broadband Currency)Public/Private Partnerships(Leverage Broadband Currency)Public Policy (Continue Colocation & Dig Once, Policies)Public Policy (Continue Colocation & Dig Once, Policies)Private Sector (Allow Private Sector to Drive Deployment)Private Sector (Allow Private Sector to Drive Deployment)Publicly Owned/High Control Private Owned/Low ControlPartnershipsAVON’S ROLE… TO DATE
Avon Broadband | Opportunity Overview24Publicly Owned & Operated(Municipally Owned & Operated)Publicly Owned & Operated(Municipally Owned & Operated)Public/Private Partnerships (Install fiber/ conduit and lease capacity to providers)Public/Private Partnerships (Install fiber/ conduit and lease capacity to providers)Public/Private Partnerships(Leverage Broadband Currency)Public/Private Partnerships(Leverage Broadband Currency)Public Policy (Continue Colocation & Dig Once, Policies)Public Policy (Continue Colocation & Dig Once, Policies)Private Sector (Allow Private Sector to Drive Deployment)Private Sector (Allow Private Sector to Drive Deployment)PartnershipsPublicly Owned/High Control Private Owned/Low ControlAVON’S ROLE… IN THE FUTURE
Avon Broadband | Opportunity Overview25RECOMMENDATION: CONDUCT FEASIBILITY STUDY•Public Private Partnership Focus•Study Ownership Alternatives•Franchise Model•Owned Core Network Infrastructure•Community Engagement•Needs Assessment/Surveys/Public Meetings•Outreach to Anchor Institutions•Create Business Plan for Alternatives•Develop Conceptual Design & CapEx Costs•Create Financial Models•Create/Manage RFP Process
Avon Broadband | Opportunity Overview26NEXT STEPS•Conduct Feasibility Study… in Phases•Develop preferred approaches/ownership models•Ensure public participation•Evaluate funding to enhance local dollarsPlanDesignBuildVisionOperateFuture Phases
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: David McWilliams, AICP, Town Planner
Matt Pielsticker, AICP, Planning Director
Date: March 12, 2019
Topic: PUBLIC HEARING and FIRST READING OF ORDINANCE 19-03, APPROVING
AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, FOR INCLUSIONARY
ZONING AND DEVELOPMENT BONUS REGULATIONS
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 19-03, approving amendments to Title 7 of the
Avon Municipal Code for Inclusionary Zoning and Development Bonus Regulations
AVAILABLE ACTIONS
- Continue 1st Reading of Ordinance 19-03 to a future meeting, pending additional information. This
would allow for a discussion and direction to return with additional information.
- Approve 1st Reading of Ordinance 19-03, thereby setting a public hearing date of April 9, 2019.
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 19-03, setting a public hearing date of April 9, 2019.”
CODE TEXT AMENDMENT PROCESS
CODE TEXT AMENDMENT REVIEW CRITERIA
The review procedures for this application are governed by the Development Code. According to the
AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following review criteria as
the basis for recommendations and decisions on applications to amend the text of the Development
Code:
(1) The text amendment promotes the health, safety and general welfare of the Avon community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in the Development Code;
or
(4) The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts or other social or economic conditions.
Staff Response: The amendments are timely in addressing the housing needs of the Town and the
greater Eagle County community, a condition seems to only be getting more pressing. They promote
the health, safety and welfare of the community by linking jobs generated to the provision of housing.
They implement the goals and policies of the Comprehensive Plan, specifically “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,” and the
ACHP. They conform to the Development Code purposes, specifically (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.”
SUMMARY OF PROPOSED CHANGES
Two code text amendments are proposed for the Avon Development Code (ADC) relating to
community housing.
Employee Housing Mitigation
Staff was directed, through the Avon Community Housing Plan (ACHP sections, Attachment 4; full
document linked below), to determine an approach for inclusionary zoning and commercial linkage.
Many communities in the valley and the state have these programs in an attempt to offset housing
from the production of jobs that a new development generates. Included as Attachment 3 is a matrix,
created by the Valley Home Store, of practices in neighboring communities.
The proposed strategy does not explicitly meet the ACHP income range goal for Area Median Income
(AMI) between 80% -120%, but the many of the units provided are expected to be in the Town Core,
and accessible to transit, groceries, and other associated amenities, making them desirable to a wide
array of residents. PZC work sessions and public hearings informed staff to include updated criteria
defining the affordability range to include the above referenced AMI level, specify the “up or mid
valley” (defined by the Eagle River Valley Housing Needs and Solutions plan, linked below) as the
required location for the provision of off-site housing, and change the fee-in-lieu requirements.
Below is a list of some of the properties that staff
imagines may be subject to the inclusionary zoning
requirements in the foreseeable future given the
underdeveloped (or undeveloped) nature of the
properties. It would not apply to properties with
vested rights (like the Riverfront or Village at Avon).
They are represented visually to the left.
PZC’s recommendation to Town Council includes a
condition to recognize the contribution of Lot C
Avon Center at Beaver Creek subdivision (the
Sheraton) for having provided twenty (20) units
during the original PUD development. Since then,
Lot C rezoned from PUD to Town Center, and would
be required to offset employees during any
development application. Staff has included
language in the draft Ordinance to call out and
acknowledge the unique circumstance whereby Lot C provided upfront community housing units that
exceed the target goals in the Ordinance.
Staff investigated where the employee generated number (.8 per room for Lodge / Hotel; .4 per room
for property management; 2.8 per 1,000 square feet of commercial; .33 per residential dwelling unit)
originated from. These numbers (except for the residential rate) are currently included in the ADC
despite there being no offset required. Staff found that these number come from the 2008 Eagle
County Nexus/Proportionality Analysis for Commercial Development/Workforce Housing Linkage
report generated in January 2008 (included as a link below). The report surveyed 2,169 employers
from mountain communities to determine these numbers. This number is used currently in Eagle
County to determine mitigation rates for certain development applications. The linkage formulas
continue to be used by Eagle County for calculations. The residential rate came from Telluride’s policy.
The Mitigation Plan Required is subject to Community Development Director approval and includes
five (5) Design Requirement types: (1) on–site construction; (2) off-site construction within Avon; (3)
off-site construction outside Avon but in the “Up or Mid Valley”; (4) Deed restricting existing units
within or outside of Avon but in the “Up or Mid Valley”; and (5) Fees-in-Lieu to for the fractional
remainder. Allowing the provision of mitigation outside of Town boundaries is one of many important
policy decisions this Amendment proposes. Also, the proposed language does not prioritize the type
of mitigation provision (except for the fee-in-lieu). Instead, staff anticipates that applicants will devise
creative methods of mitigation with the options available and does not want to unnecessarily burden
development with Design Requirement typology limitations. Town Council should carefully weigh the
implications of these measures.
The Minimum Size of Housing Units (TABLE 7.20-15) is based in part off current code provisions for
employee housing. Staff created the table with the assumption that while not directly tied to the AMI
ranges contemplated in the ACHP, the type and location would be attractive. Below is the table, with
another column that describes the square footage per employee that code would require.
Building or complex name Address Acres
Benchmark Shopping Center 82 Beaver Creek Boulevard 2.13
1st Bank 11 West Beaver Creek Boulevard 1.714
Christy Sports 182 Avon Road 0.928
Annex 142 Benchmark 1.496
Nottingham Commercial Lots 121 - 111 Nottingham Road 1.067
Avon Center Lot C 160 West Beaver Creek Boulevard 2.28
160 West Beaver Creek Boulevard 0.583
Nottingham Ranch 68-95 Post Boulevard 3.8
Chapel Square parcels 92 Benchmark 2
140 Benchmark 2.864
230 Benchmark 1.08
Avon Plaza 150 East Beaver Creek Boulevard 1.33
North-71 91 Beaver Creek Place 0.57
ANB Bank 71 Beaver Creek Place 0.76
51 Beaver Creek Place 0.59
After some deliberation with PZC, the fees-in-lieu portion of the process is proposed to only be
triggered when less than a single unit is required for mitigation. Staff feels that this achieves the intent
of the code section by generating units and not money. As written, the code requires Town Council
to approve a resolution to determine the fee structure. An example of a proposed fee structure (taken
from the Eagle County Affordable Housing Guidelines: Administrative Procedures) is illustrated below,
with 80% and 100% AMI levels to illustrate the difference depending or other factors as appropriate.
Calculation of Fee in Lieu
80% AMI 100% AMI
Area Median Income for Family of 3 $ 62,640 $ 78,300
Maximum Initial Sales Price $ 213,150 $ 266,156
Affordable Price per square Foot $ 189.25 $ 236.31
Market Price per Square foot $ 350.60 $ 350.60
Administrative Fee 15% 15%
Payment in Lieu per Square Foot $ 186.55 $ 131.43
Staff estimates the table below to be a fair representation of the current Inclusionary Zoning/
Commercial Linkage requirements of other jurisdictions. Staff does not guarantee these numbers but
trusts that they provide a fair estimate of the overall appetite in different mountain communities.
Some communities highly value employee housing but use different mechanisms to attain it.
Jurisdiction
Commercial
Rate
Residential
Rate
Eagle County 45% 45%
Telluride 40% 60%
Vail 20% 10% of GRFA
San Jose, CA 20% 20%
Basalt 20% 25%
San Miguel County 15% 15%
Snowmass 60% 60%
Aspen/Pitkin 60% 60%
Mt. Crested Butte ? 15%
Crested Butte none none
Frisco none none
Silverthorne none none
Finally, staff put everything together and analyzed the development scenarios for some recent
projects to calculate the hypothetical mitigation regime needed. The table on the following page
illustrates the estimated “footprint” of various projects and the accompanying number and type of
units (and fee-in-lieu) that would be required for compliance with the code. The employee units
required could be provided through any of the methods found in section 7.20(d). Note that staff
interprets the Colorado World Resorts project to be under the “Property Management” Jobs
Generated (.4 jobs per unit) category, as opposed to the other properties that are under “Lodge/
Hotel” (.8 jobs per unit).
USE Units Emp. Rate Jobs
Jobs/
Emp.
Total
Emp.
Mitigation
Rate
Emp.
Mitigation
Required 3br 2 br 1 br Stud.
Left
Over
80% AMI
Fee
100%
AMI Fee
Lodge/Hotel 190 .8/Rm 144 1.2 120.0 10%12.00
Prop. Management 0 .4/Rm 0 1.2 0.0 10%0.00
Commercial SF 11,000 2.8 30.8 1.2 25.7 10%2.57
14.57 4 0.57 42,009$ 29,756$
Wyndham
USE Units Emp. Rate Jobs
Jobs/
Emp.
Total
Emp.
Mitigation
Rate
Emp.
Mitigation
Required 3br 2 br 1 br Stud.
Left
Over
80% AMI
Fee
100%
AMI Fee
Lodge/Hotel 74 .8/Rm 59.2 1.2 49.3 10%4.93
Prop. Management 0 .4/Rm 0 1.2 0.0 10%0.00
Commercial SF 1,956 2.8 5.4768 1.2 4.6 10%0.46
5.39 1 1 0.64 47,481$ 33,632$
USE Units Emp. Rate Jobs
Jobs/
Emp.
Total
Emp.
Mitigation
Rate
Emp.
Mitigation
Required 3br 2 br 1 br Stud.
Left
Over
80% AMI
Fee
100%
AMI Fee
Lodge/Hotel 142 .8/Rm 113.6 1.2 94.7 10%9.47
Prop. Management 4 .4/Rm 1.6 1.2 1.3 10%0.13
Commercial SF 536 2.8 1.5008 1.2 1.3 10%0.13
9.73 2 1 0.98 72,369$ 51,261$
Colorado World Resorts
USE Units Emp. Rate Jobs
Jobs/
Emp.
Total
Emp.
Mitigation
Rate
Emp.
Mitigation
Required 3br 2 br 1 br Stud.
Left
Over
80% AMI
Fee
100%
AMI Fee
Lodge/Hotel 0 .8/Rm 0 1.2 0.0 10%0.00
Prop. Management 81 .4/Rm 32.4 1.2 27.0 10%2.70
Commercial SF 0 2.8 0 1.2 0.0 10%0.00
2.70 1 0.95 70,509$ 49,943$
Sheraton Mtn Vista
Lot B Hotel
Development Bonus
The Development Bonus section was originally proposed in 2009 as part of the ADC overhaul. Staff
decided to propose an updated version of this section as an appropriate method to gain additional
employee housing or other public benefits when applicants are seeking certain relief from the ADC. This
is a likely alternative to the PUD process (of negotiated zoning) that should still combine public benefits
with appropriate design.
Benefits to the Town include:
• Housing
• LEED or similar certification
• Public parking or transit contribution
• Pedestrian enhancements
• Streetscape enhancements
• Water rights dedication
Where an applicant may be allowed leniency in the following development standards:
• Increased building height
• Lot coverage (for the Town Center District)
• Reduced parking minimums
• Reduced building permit fees
• Increased residential density (in the Residential High-Density RH district)
• Reduced landscape area
• Landscape unit requirements
The list of benefits and leniency types could be reduced as Town Council finds appropriate. For example,
Housing could be the only benefit type, and could only result in an increase of density. This specific
example of a narrowed approach is not anticipated to provide for any additional housing in the Town
Center Zone district, as there is no density maximum in that zone district.
Since the PZC work sessions and public hearings, staff updated the language to include a housing
density bonus applicable to the R-H (residential high-density) zone district, where the dimensional
standards include a density maximum of dwelling units per acre. An applicant would have the ability to
negotiate an increase to the units per acre of the project based on the provision of community housing
units, defined as reaching an AMI of 80% -140%. This example came from Frisco, where the bonus is not
part of a negotiated process, but by-right in certain zone districts near their core.
ATTACHMENTS
ATTACHMENT 1: Ordinance 19-03
ATTACHMENT 2: PZC Record of Decision and Recommendation
ATTACHMENT 3: Eagle County Housing Tools Matrix
ATTACHMENT 4: Sections from the Town of Avon Community Housing Plan
ATTACHMENT 5: Public Comment
LINKS
2008 Eagle County Nexus/ Proportionality Analysis for Commercial Development/ Workforce
Housing Linkage
https://www.eaglecounty.us/Housing/Documents/2008_NEXUS_commercial(4)/
Town of Avon Community Housing Plan
https://www.avon.org/DocumentCenter/View/18728/Avon-Housing-Plan?bidId=
Summary of Inclusionary Zoning Practices in Colorado Communities – Chafee County
http://www.chaffeehousing.org/EndUserFiles/57044.pdf
Eagle River Valley Housing Needs and Solutions
http://minturn.org/pdf/PublicNotices/2018%20Eagle%20Valley%20Housing%20Needs%20and%20S
olutions%20FINAL.pdf
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 1 of 11
TOWN OF AVON
ORDINANCE 19-03
APPROVING AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE FOR INCLUSIONARY ZONING AND DEVELOPMENT BONUS REGULATIONS
RECITALS
WHEREAS, the Avon Town Council initiated a code text amendment application
(“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with
ADC §7.16.040, Code Text Amendment; and
WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held public hearings on
February 5, 2019 and February 19, 2019, after publishing and posting notice as required by law,
considered all comments, testimony, evidence and staff reports provided by the Town staff prior
to formulating a recommendation; and
WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings
to recommend approval of the Application to the Avon Town Council; and
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and
body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to the home rule powers of the Town, the Avon Town Council has
the power to adopt Health and Safety Codes, and make and publish ordinances necessary and
proper to provide for the safety, preserve the health, promote the comfort, and convenience of
its inhabitants; and
WHEREAS, the Avon Town Council held Public Hearings on March 12, 2019 and April 9,
2019 after posting notice as required by law, considered all comments, testimony, evidence,
Planning and Zoning Commission recommendations, and staff report prior to taking action on the
Application; and
WHEREAS, the Avon Town Council finds that changes to the Employee Housing Mitigation
provides a method of delivering more community housing choices to residents and workers in the
Town of Avon; and
WHEREAS, the Avon Town Council finds that Development Bonus regulations offer flexible
incentives for new development, that result in community benefits that outweigh any potential
negative impacts of development that varies from the development standards in the ADC: and
WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c),
Review Criteria, and are found to be in substantial compliance; and
WHEREAS, the Application promotes and implements the goals and policies of the Avon
Comprehensive Plan, including but not limited to implementation of the Avon Community
Housing Plan by providing inclusionary housing requirements for new development; and
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 2 of 11
WHEREAS, former Lot C, Avon Center at Beaver Creek Subdivison, provided twenty (20)
community housing units as part of the Sheraton Mountain Vista PUD in 2000 to serve all of
former Lot C, and the Avon Town Council desires to acknowledge the previous community
housing construction and provide a credit for housing mitigation for additional development on
Lots 2A, 2B, 3 and 5 of Mountain Vista Resort Subdivision; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Avon Town Council desires to comply with state law, the Avon home rule charter and the ADC
by setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Avon Town Council, or any member of the Avon Town
Council, supports, approves, rejects, or denies the proposed Application.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Avon Town Council.
Section 2. Amendment to Section 7.20.100 - Employee housing mitigation. is hereby
amended to read as follows with strike-out indicating language to be deleted and underline
indicating language to be adopted:
“(a) Applicability.
This Section shall apply to new multi-family residential (3 or more units), commercial,
accommodation units, industrial and other non-residential development within the Town of Avon.
This Section applies to all entities, including private, governmental and non-profit entities.
(b) Exemptions.
(1) Redevelopment of Pre-Existing Use and Change in Use.
Redevelopment or remodeling of an existing use or the change from one use to another is
exempt from the requirements of this Section, provided such activity does not create
additional employment generation as determined by Table 7.20-14, below. Only the uses
and floor areas that existed prior to the redevelopment or remodeling shall be exempt from
the requirements of this Section. Any new floor area or unit or any change in use which
creates additional employee generation as determined by Table 7.20-14 shall be subject to
the provisions of this Section.
(c) When applicable, employee housing mitigation shall be provided in accordance with these
standards:
To determine the number of employee housing units that must be provided, the following
formulas shall be used:
Table 7.20-14
Employee Housing Mitigation Formulas
Factor Calculation
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 3 of 11
Commercial
Size of development Leasable square feet
Jobs generated 2.8 per 1,000 sq. ft. Rate x sq. ft./1,000
Employees generated 1.2 jobs per employee Jobs generated/1.2
Households generated 1.8 employees per unit Employees generated/1.8
Units
requiredEmployee
Mitigation Required
10% mitigation Households Jobs generated
x 10%
Lodging and Property Management
Size of development # of rooms or # of units
Jobs generated
Lodge/hotel - # of rooms x 0.8
0.8/ room;
Prop. management - # of units x 0.4
0.4/ unit
Employees generated 1.2 jobs per employee Jobs generated/ 1.2
Households generated 1.8 employees per unit Employees generated/ 1.8
Units
requiredEmployee
Mitigation Required
10% mitigation Households Jobs generated
x 10%
Residential
Size of development # of Dwelling Units
Jobs generated .33 per dwelling unit # of units x 0.33
Employees generated 1.2 jobs per employee Jobs generated/1.2
Employee Mitigation
Required 10% mitigation Jobs generated x 10%
Note: The required employee housing mitigation shall be rounded to the nearest
whole number.
(d) Methods of Employee Housing Mitigation.
General Requirements. All Employee Housing Mitigation units shall be subject to a deed restriction
acceptable to the Town and enforceable by the Town which limits occupancy of Employee Housing
Mitigation units to persons with full-time employment in Eagle County.
For any of the following Housing Mitigation Methods, all proposed Employee Housing Mitigation
unit(s) shall comply with the minimum size requirements shown in table 7.20-15, and all applicable
design requirements.
TABLE 7.20-15
Minimum Size of Housing Units
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 4 of 11
Type Minimum Size of
Unit (SF)
Number of
Employees
Housed
Studio 500 1.25
1 bedroom 750 1.75
2 bedroom 900 2.25
3 or more bedroom 1,225 3.5
No Credit Given: If the gross residential floor area (GRFA) of the proposed Employee Housing
Mitigation unit(s) is in excess of the minimum required gross residential floor area (GRFA), the
additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit
or for the commercial linkage or inclusionary zoning housing mitigation.
Design Requirements:
(1) Construction of Employee Housing Mitigation unit(s) on the site on which the development
is proposed.
(2) Construction of deed restricted Employee Housing Mitigation unit(s) within the Town of
Avon, provided such land, site or structure has not been previously deed-restricted to
employee or affordable housing by any party.
(3) Construction of Employee Housing Mitigation unit(s) outside the Town of Avon but within
the Eagle Valley, provided such land, site or structure has not been previously deed-
restricted to employee or affordable housing by any party. Prior to construction of such
unit(s), consent of the relevant jurisdiction or homeowner’s association (if required) to
placement of a deed restriction on the unit(s) must be obtained, in addition to any required
land use approvals. Units outside of the Town of Avon must be within the 80% - 140%
AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as
defined by the Eagle River Valley Housing Needs and Solutions plan.
(4) Deed restricting existing free market unit(s) within the Town or the Eagle Valley.
i. As a condition of approval when the deed restriction of existing free market unit(s)
is proposed, the Applicant must obtain the approval of the Town for the specific
unit(s) to be deed restricted. The Applicant must demonstrate to the satisfaction of
the Town that (a) the long-term affordability of the proposed Employee Housing
Mitigation unit(s) is adequately protected, considering issues including but not
limited to long term maintenance and homeowner’s assessments; and (b) the
affected property does not prohibit the type of housing proposed. The Town may
request additional information about the proposed unit(s) as reasonable to make
such a determination. Such approval may contain provisions to ensure that any
Employee Housing Mitigation unit(s) subject to a deed restrictions meets long term
standards for maintenance and affordability.
ii. Employee Housing Mitigation units outside of the Town of Avon must be within
the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 5 of 11
the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and
Solutions plan.
iii. Prior to deed restriction of Employee Housing Mitigation unit(s) when located
outside the Town, consent of the relevant jurisdiction or homeowner’s association
(if required) to placement of a deed restriction on the unit(s) must be obtained, in
addition to any required land use approvals.
(5) Fees-in-lieu as defined by Town Council resolution updated every two years, may be
provided only for any fractional remainder of the requirement generated under this chapter
totaling less than 1.0 employee, subject to the following requirements:
i. Time of Payment and Use of Funds. Payment of the in-lieu fee shall be made to
the Town prior to the issuance of any building permits for the free market portion
of the development.
ii. Interest Bearing Account. The Town shall transfer the funds to an interest-bearing
account.
iii. Authorized Uses of Fees. The funds, and any interest accrued, shall be used only
for the purpose of planning for, subsidizing or developing Community Housing for
qualified Eagle County employees.
iv. Refund of Fees.
(A) Ten Year Limit. Fees collected pursuant to this section may be returned to
the then present owner or property for which a fee was paid, if the fees have not
been spent within Ten (10) years from the date fees were paid, unless the Town
Council shall have earmarked the funds for expenditure on a specific project, in
which case the Town Council may extend the time period by up to three (3) more
years.
(B) Written Request. To obtain the refund, the present owner must submit a
written request to the Director within one (1) year following the end of the tenth
(10th) year from the date payment was received.
(C) Payments Determined. For the purpose of this Section, payments collected
shall be deemed spent on the basis that the first payment shall be the first payment
out.
(e) Mitigation plan required.
The Mitigation plan shall include the following:
(1) Calculation and method. The calculation of, and method by which Employee Housing
Mitigation is to be provided, in compliance with Table 7.20-14 and Section 7.20.100(d).
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 6 of 11
(2) Unit Descriptions. If deed restricted Employee Housing Mitigation units are to be
developed, a site plan and building floor plans (if applicable), illustrating the number of
units proposed, their location, the number of bedrooms, gross floor area of each unit, and
the rental/sale mix of the development.
(3) Timing of review/amendments. The Employee Housing Mitigation plan shall be submitted
to and approved by the Director prior to, or concurrent with, application to the Town for
the free market portion of the initial development plan. Review and approval of plans by
the Town for construction of Employee Housing Mitigation shall be prior to, or concurrent
with, the free market portion of the development plan. Any amendment to the Employee
Housing Mitigation plan shall require Director approval.
(f) Certification of Action. The Director, or its designee, shall certify the approval, approval with
conditions, or denial of the Employee Housing Mitigation plan, or of an amendment thereto.
Such approval, approval with conditions, or denial shall be based on compliance with the
provisions of this Chapter.
(g) Appeal. Upon final approval or denial of the Employee Housing Mitigation plan by the
Director an appeal to Town Council may be filed pursuant to Section 7.16.160 - Appeal.
(2) Employee housing units shall be located on-site. The applicant may propose alternatives
to on-site employee housing mitigation in accordance with the alternative equivalent
compliance process set forth in Section 7.16.120. When considering proposals for off-
site employee housing, preference shall be given to locations closer to the applicant's
property, locations in the Town and locations which are served by mass transit.
(3) Employee housing units shall be owned by the owner of the commercial space for which
the employee housing units serve and shall be used exclusively by employees of such
commercial space; or employee housing units shall be offered for sale subject to a deed
restriction that restricts the appreciation of price and which restricts eligible buyers and
renters in accordance with the form of price controlled housing deed restriction adopted
by the Town. Applicants may voluntarily propose to meet the employee housing units
with rent controlled units through the alternative equivalent compliance process.
(4) Employee housing mitigation shall be satisfied by providing one (1) residential studio
unit, one (1) bedroom in a residential unit or any combination thereof, for each required
employee housing unit of mitigation. The minimum size for a studio unit shall be five
hundred (500) square feet and the minimum size for a one-bedroom residential unit shall
be seven hundred fifty (750) square feet.”
Section 3. Amendment to Section 7.20.110 Development bonus. is hereby added to read as
follows, with underline indicating language to be adopted:
“7.20.110 Development bonus.
Definitions. For this section:
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 7 of 11
Development bonus means an incentive-based tool that permits a project increased height, lot
coverage (for the Town Center District), reduced parking minimums, increased residential density
(in the Residential High Density RH district) reduced landscape area, or landscape unit
requirements; in exchange for helping the community achieve the public policy goals as defined
below.
Development bonus type means the offer provided by the proposal for consideration by the review
authority that corresponds to one of the listed in section (e), below.
(a) Purpose. Development bonuses may be awarded for proposed development projects in the
Town Center, Mixed-Use Commercial, Neighborhood Commercial, and Residential High-
Density zone districts where the application meets Town goals and complies with minimum
development standards and requirements. A development bonus may be allowed where the
negative impacts of such allowance on the public or on adjacent property owners do not
outweigh the benefits to the public. The public benefits identified in this section are related to
promoting the viability and functionality of higher density and more intense site development.
Development bonuses that provide housing are preferred.
(b) Applicability. Development bonuses are only allowed for consideration where the applicant
has demonstrated substantial
(c) Procedures. An application for a development bonus shall be submitted concurrently with the
principle application for development of the property and shall follow the review procedures,
notice requirements, and hearing requirements of the underlying development application. A
public hearing and recommendation by PZC, followed by a public hearing by Town Council
is required before the Town Council takes action on any application for a development bonus.
A development bonus shall only be effective and binding on the Town if stated in a
development agreement which contains provisions stating that the development bonus is
contingent upon the performance and completion by the applicant property owner of any public
facilities, public improvements and/or conveyance of a property interest for public facilities or
improvements offered for the development bonus.
(d) Criteria. The following criteria for specific public benefits shall be considered when evaluating
development bonuses:
(1) General criteria.
(i) Absolute maximum. The absolute cumulative maximum potential development
bonus shall be a variation of 20% from the standard required in the development
code, except for Section 7.20.110(e)(1)(i) and (ii).
(ii) Cumulative development bonuses. Subject to the absolute maximum for
development bonus stated in sub-section (i) above, multiple development bonuses
may be awarded by the Town Council and may be applied cumulatively to a
property.
(iii) Additional water rights dedication. Additional water rights shall be dedicated for
any development bonus which increases the water consumption for the property
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 8 of 11
and such additional water rights dedication shall not be considered as a dedication
of surplus water right as defined in Development Review Type 6, below.
(iv) Council review and approval. Approval of a development bonus, if any, shall be
determined by Town Council in the Town Council’s discretion after considering
the Review Criteria. Approval of a development bonus shall be by ordinance and
shall be documented in a development agreement.
(2) Review Criteria. The PZC and Town Council shall consider the following criteria as
the basis for a recommendation or decision for a development bonus proposal.
(i) Exceed minimum standards of one or more of the development bonus types. A
development bonus may only be considered and awarded where the development
bonus type exceeds the minimum requirements established elsewhere in the
Development Code.
(ii) Promote Town goals and policies. The public benefits shall generally promote or
implement the goals or policies of the Avon Comprehensive Plan and purposes
stated in this Development Code.
(iii) Payment-in-lieu. For all development bonus types, where an on-site contribution
or land dedication is not practical or appropriate, the Town Council may consider
a cash contribution towards such facility or improvement by a payment-in-lieu of
dedication. The amount of the payment-in-lieu shall be calculated by considering
current and projected real estate values and construction costs. The amount of a
payment-in-lieu should be the equivalent value of an on-site dedication
considering the additional administrative, transaction, financing and timeframe
costs associated with properly utilizing cash proceeds.
(iv) Mitigation of impacts. The reviewing authority may require an analysis and may
require mitigation of the additional impacts of a development bonus on all public
facilities, infrastructure, and services which serve the property, including but not
limited to public infrastructure, streets, additional water rights required to serve
the development, fire protection, ambulance services, schools, parks, and
recreation. In addition, where a development bonus may result in negative
impacts to adjacent or nearby properties or impacts to the general public, the
Town may require mitigation of such impacts as a condition to granting the
development bonus.
(v) Location and design. The location and design of any contribution towards public
parking, transit, pedestrian enhancement, streetscape improvement, or civic
facility shall be in conformance with the Town of Avon’s Comprehensive Plan
and other applicable plans and regulations of the Town, shall be acceptable to the
Town taking into consideration functionality, current and projected demand, and
long term maintenance and operation costs, and shall include such legal
documents as are deemed necessary and acceptable to the Town.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 9 of 11
(e) Development bonus types
(1) Housing. A development bonus may be awarded that meets the following criteria:
(i) A density bonus where:
(A) A minimum of 50 percent of the total number of bonus units is provided
within the 80% - 140% Area Median Income (AMI) range;
(B) For each additional dwelling unit allowed, at least two housing units at
within the 80% - 140% AMI range, as defined by the Avon Comprehensive
Plan, are provided on property outside of the subject property, but within
the Town or within one mile of any corporate limit of the Town;
(C) Payment-in-lieu for providing community housing based upon existing real
estate values, market conditions, market trends, the anticipated timeframe
to utilize funds to secure and provide housing, transactional costs and
administrative costs for the Town to secure and provide housing, and
determined by the Town Council fees-in-lieu resolution; or,
(ii) Other development bonuses may be made in all applicable zone districts through
the provision of community housing or a payment-in-lieu.
(2) LEED certification or similar certification demonstrating high building efficiency
performance. A development bonus may be awarded for certification.
(3) Public parking or transit contribution. A development bonus may be awarded for
contributions towards public parking and/or transit.
(4) Pedestrian enhancements. The following criteria shall be considered for development
bonuses for pedestrian enhancements:
(i) Off-site pedestrian enhancements shall be no further than 2,500 feet (as measured
by the most direct existing or planned pedestrian routes) from the property
boundary of the development.
(ii) On-site pedestrian enhancements shall be open to the public and shall be owned
and maintained by the property owner or an owners’ association.
(5) Streetscape enhancements. A development bonus may be awarded for streetscape
enhancements. Streetscape enhancements may include plazas, courtyards, fountains,
public art, benches, tables, kiosks, pocket parks, play areas and other enhancements
to public pedestrian areas. The following criteria shall be considered for development
bonuses for streetscape enhancements:
(i) Streetscape enhancement shall be no further away than 1,500 feet from the
property boundary.
(ii) On-site streetscape enhancements shall be open to the public and shall be owned
and maintained by the property owner or an owners’ association.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 10 of 11
(iii) Civic facility. A development bonus may be awarded for the provision of land or
improvements for civic facilities. Civic facilities may include a library, health
clinic, municipal facilities, performing arts venues, or other facilities which are
open to the public and promote the health, safety, welfare or culture of the Avon
community. The civic facility shall be located on-site or, if off-site, shall be within
a reasonable proximity of the property to benefit the property.
(6) Water rights dedication. A development bonus may be awarded for the provision of
surplus water rights which exceed the water rights dedication required to serve the
property.”
Section 4. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 12, 2019 and setting such public hearing for April 9, 2019 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – March 12, 2019 Page 11 of 11
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Acting Town Clerk
ADOPTED ON SECOND AND FINAL READING on April 9, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Acting Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 3
PZC Recommendations: #CTA19001 Page 1 of 2
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL
DATE OF DECISION: February 19, 2019
TYPE OF APPLICATION: Code Text Amendments
PROPERTY LOCATION: Town of Avon
FILE NUMBER: #CTA19001
APPLICANT: Town of Avon
These recommendations are made in accordance with the Avon Development Code
(“Development Code”) §7.16.040(c):
DECISION: Recommendation to approve the Title 7: Development Code Text Amendments.
FINDINGS:
1. The application is complete;
2. The application provides sufficient information to allow the reviewing authority to
determine that the development application complies with the relevant review
criteria;
3. The text amendments were reviewed with the criteria listed in Avon Municipal Code
Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as
outlined in the staff report for the February 5 and 19, 2019 public hearings;
4. The text amendments promote the health, safety, and general welfare of the Avon
Community;
5. The text amendments promote and implement the goals and policies of the Avon
Comprehensive Plan;
6. The text amendments implement the Avon Community Housing Plan by providing
inclusionary housing requirements for new development;
7. The text amendments promote and implement the purposes stated in the
Development Code, including Section 7.04.030 (n), by achieving a diverse range of
attainable housing types and price points to serve a diverse and stable full-time
residential community;
8. The Lot C, Avon Center at Beaver Creek property provided twenty (20) perpetually
deed-restricted dwelling units on the property at the initial stage of development, as
required by the original PUD and before a rezoning took place; and
9. The text amendments are necessary and desirable to respond to changed conditions
and new planning concepts.
CONDITION:
1. Town staff and the Lot C owners will work together to recognize and offset deed
restricted dwelling units in the ordinance.
ATTACHMENT 3
PZC Recommendations: #CTA19001 Page 2 of 2
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
ATTACHMENT 4
The Comprehensive Plan:
• 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 for households
making equivalent of 140% or less of the Area Median Income - $430,000 for a
household of three people in 2018.
• Grow the inventory of homeownership and “missing middle” inventory, in place of
additional rental housing stock, to create a more balanced portfolio with a long-
term goal of 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 80-
120% AMI level.
• Stabilize or increase the percentage of year-round residents; currently 55% of all
dwelling units in Avon are occupied by year-round residents.
• Stabilize or increase the percentage of Eagle County working residents Avon.
• Seek to add at deed restricted units to the inventory in the short term.
• Strengthen regional partnerships with other communities and entities (i.e. Habitat
for Humanity, other municipalities, Eagle County) to make projects happen.
• As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and
when possible, increase housing serving the local year-round population.
• Re-evaluate goals and objectives on an annual basis, including the ongoing
monitoring of new projects and housing stock in the mid-valley; appendices may
be updated by Resolution.
Strengths and Assets
• An inventory of 670 price-controlled housing units, 63 of which are deed
restricted for sale units that were a result of successful PUD negotiations;
Policy
• Update mitigation/linkage policies to be more proactive in addressing 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 locals. 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.
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 residential 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
ATTACHMENT 5
RUTH O. BORNE
ATTORNEY AT LAW
P.O. BOX 7833 AVON, CO 81620
(970) 748-1187 FAX (970) 748 -1189
ruth@bornelaw.com Admitted to practice in
Florida & Colorado
February 1, 2019
Town of Avon Planning & Zoning Commission
P.O. Box 975
Avon, CO 81620
RE: MOUNTAIN VISTA SUBDIVISION – SHERATON MOUNTAIN VISTA
PROPOSED INCLUSIONARY ZONING
Dear the Town of Avon Planning & Zoning Commission:
We are writing this letter of behalf of Points of Colorado, Inc. and the recent proposal for
inclusionary zoning for Town Center.
Sheraton Mountain Vista was approved by the PUD Development Plan and Development
Agreement for Lot C, Mountain Resort Subdivision, Town of Avon, Eagle County, Colorado
almost twenty (20) years ago by Series 2000, Ordinance 00-02 in accordance with the requirements
of the Avon Municipal Code, Section 17.20.110. The vesting for Sheraton Mountain Vista PUD
(“SMV”) expired on February 22, 2012.
SMV was a three-phased PUD approval consisting of:
Phase 1-A: 50 Time-Share Units; 20 Deed Restricted Employee Units and 5,800 sq. ft. GLFA
of ground floor commercial space.
Phase 1-B: 35 Time-Share Units; 15,750 sq. ft. GLFA three-story freestanding commercial building
(at least 5,250 sf GLFA on the ground level retail and 10,500 sf GLFA of the second and third floors
office/retail). This is now the Town Hall for the Town of Avon
Phase 1-C: 48 Time-Share Units; 125-unit Hotel with a minimum of 5,500 sf GLFA ground-level
commercial area suitable for retail use and 4,800 sf GLFA of restaurant space in the hotel.
Phase 1A and 1B were completed in 2002 by Points of Colorado, Inc. Since that time, the Town
has seen many changes. What has not changed in almost 20 years is the need for affordable
housing, which continues to be a challenging issue for all mountain resort communities.
ATTACHMENT 5
The 20 Deed Restricted Units at SMV are unique as no other project in 20 years has provided so
much deed restricted housing with a mixed-use development in the Town of Avon.
Based upon the current Town requirements for housing, only eight (8) units are be required Phase
1A & 1B. That leaves an employee housing surplus of 12 units. Community Development
provided the following calculation:
USE UNITS
EMP.
RATE
# OF
EMP.
JOBS/PER
EMP. JOBS
HOUSEHOLD
GEN. UNITS MITIGATION
UNITS
REQ'D
Lodge/Hotel *190 .8/Rm 144 1.2 120 1.8/per 66.66 10% 6.66
SQ FT
Commercial 11,000 2.8 30.8 1.2 25.66 1.8/per 14.25 10% 1.42
8 UNITS
Currently, there are 20 Deed Restricted Units constructed and occupied. We are seeking
consideration from the Planning & Zoning Commission that SMV has satisfied its housing
requirements now and in the future.
Please consider this request and look forward to discussing at the regularly scheduled meeting on
Tuesday, February 5, 2019.
Thank you in advance for your consideration.
Kind Regards,
BORNE LAW
Ruth O. Borne
cc: M. Pielsticker, Community Development; D. Weaver, Points of Colorado, Inc.
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: PUBLIC HEARING: Ordinance No. 19-02 Tobacco and Cigarette Tax
DATE: March 6, 2019
SUMMARY: Ordinance No. 19-02 is presented to Council for consideration on second and final reading.
Per the Avon Charter, Council must conduct a public hearing prior to taking final action. Council approved
first reading at the February 26, 2019 regular Council meeting.
Ordinance No. 19-02 would implement the Avon tobacco and cigarette tax passed by the voters last
November by adopting the various rules and procedures. The 40% tax on the sale of tobacco products is a
sales tax; therefore, it can easily be included in Chapter 3.08 Sales Tax. The $3 per pack tax on cigarettes
is an “excise tax” and not a sales tax; therefore, it requires its own chapter with procedures and regulations
for filing tax returns, inspections and enforcement. A new Chapter 3.10 Cigarette excise tax is proposed
that is very similar to Chapter 3.08 Sales Tax with regard to procedures for administering the tax.
The tax approved by the voters last November is currently enforceable because the Tobacco Licensing
regulations requires payment of local taxes as a condition to holding a tobacco retailer license.
PROPOSED MOTION: “I move to approve second and final reading Ordinance No. 19-02 Amending
Chapter 3.08 Sales Tax and Enacting Chapter 3.10 Cigarette Excise Tax.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 1 of 12
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-02
AMENDING CHAPTER 3.08 SALES TAX AND
ENACTING CHAPTER 3.10 CIGARETTE EXCISE TAX
WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Avon Town Council referred a ballot measure entitled Tax Increase on the Sale
of Tobacco and Nicotine Products to the November 6, 2018 election by Resolution No. 18-12,
which was passed by the Avon voters; and
WHEREAS, the Avon Town Council finds that amendments to the Avon Municipal Code
will implement the sales tax on tobacco products and the excise tax on cigarettes and will thereby
promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Enactment of Section 3.08.020(4). A new Section 3.08.020(4) of the Avon
Municipal Code is hereby enacted to read as follows:
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 2 of 12
“3.08.020(4) Upon the purchase price paid or charged upon all retail sales and purchases
of tobacco products as defined Section 5.10.030.”
Section 3. Enactment of Section 3.08.030(a). Section 3.08.030(a) of the Avon Municipal
Code is hereby amended by adding language so that it reads in its entirety as follows:
“There is imposed upon all sales of all items specified in Section 3.08.020 within the boundaries
of the Town a tax equal to four percent (4%) of gross receipts derived from sales of tangible
personal property and services pursuant to this Chapter except that the sales tax imposed on
tobacco products shall be forty percent (40%).”
Section 4. Enactment of Chapter 3.10 – Cigarette Excise Tax. The Avon Municipal Code
is hereby amended by enacting a new Chapter 3.10 – Cigarette Excise Tax, to read as follows:
“3.10.010 - Words and phrases defined.
Cigarette shall mean cigarette as is defined in Section 5.10.030.
3.10.020 – Cigarette excise tax.
(a) There is imposed upon all sales of all cigarettes a cigarette excise tax in the amount of fifteen cents per cigarette
or three dollars per pack of twenty cigarettes.
3.10.030 - Unlawful to advertise absorption of tax.
It is unlawful for any retailer to advertise, to hold out to state to the public or to any consumer, directly or indirectly,
that the tax or any part thereof imposed by this Chapter will be assumed or absorbed by the retailer, or that it will not
be added to the selling price of the property sold; or if added, that any part thereof will be refunded.
3.10.040 - License for retailer.
It is unlawful for any person to engage in the business of making cigarette sales without first having obtained a
tobacco retailer license in accordance with Chapter 5.10, which license shall be granted and issued by the Director of
Finance, and shall be in force and effect until suspended or revoked.
3.10.050 - Duty to keep books and records.
It shall be the duty of every person required by the provisions of Chapter 5.10 to obtain a tobacco retailer license,
to keep and preserve suitable records of all sales made by him or her, and such other books or accounts as may be
necessary to determine the amount of tax for the collection of which he or she is liable hereunder. It shall be the duty
of every such person to keep and preserve for a period of three (3) years all invoices of goods and merchandise
purchased for resale, and all such books, invoices and other records shall be open for examination at any time by the
Director of Finance or his or her duly authorized agents.
3.10.060 – Cigarette excise tax return.
(a) Every person, partnership or corporation required to obtain a tobacco retailer license pursuant to the provisions
of Chapter 5.10 shall file a cigarette excise tax return, upon forms approved by the Director of Finance, on or
before the twentieth day of each calendar month for the sales activities of the preceding calendar month;
providing, however, that, if the accounting methods regularly employed by the licensed retailer in the transaction
of his or her business, or other conditions, are such that reports of sales made on a calendar-monthly basis will
impose unnecessary hardship, the Director may, upon request of such retailer, accept reports at such intervals
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 3 of 12
as will, in his or her opinion, better suit the convenience of the taxpayer, and will not jeopardize the collection of
the tax; and provided further, that a retailer doing business in two (2) or more places or locations may file one (1)
return covering all such business activities in the Town.
(b) The returns so filed shall contain such information as may enable the Director to accurately determine the amount
of tax collected by the person, partnership or corporation filing the return, but, in all cases, shall contain the
following information:
(1) The amount of gross taxable cigarette sales made for which the return is filed;
(2) The total quantity of cigarettes returned by the purchaser as a result of a return of goods sold by the retailer,
provided the original sale was a taxable transaction;
(3) The total, fair market value of any property received by the retailer as a result of an exchange of property,
provided the property so received is held by the retailer to be sold or leased to a user or consumer in the
regular course of his or her business;
(4) The total quantity of cigarettes sold on credit, the obligation for which is not secured by a conditional sales
contract, chattel mortgage or other security instrument entitling the retailer to repossess the item sold, which
are found to be worthless and which may be deducted as bad debts on the retailer's federal income tax
return.
(c) The return shall be accompanied by an amount equal to the cigarette excise tax required to be collected by the
tobacco retailers but which, in no case, shall be less than the amount actually collected, nor less than fifteen cents
per cigarette sold.
(d) All other persons, partnerships and corporations shall pay to the Director the amount of any tax due under the
provisions of Section 3.10.020 not less than fifteen (15) days after the date that the tax becomes due.
3.10.070 - Examinations of returns—refunds—deficiencies—notice of appeal.
(a) As soon as practicable after any tax return is filed, the Director of Finance shall examine it, and if it then appears
that the correct amount of tax to be remitted is greater or less than that shown in the return, the tax shall be
recomputed.
(b) If the amount paid exceeds that which is due, the excess shall be refunded or credited against any subsequent
remittance from the same taxpayer.
(c) If the amount paid is less than the amount due, or if the Director of Finance determines that any amount of
cigarette excise tax is due and unpaid, for any reason, the difference between the amount paid and the amount
owed to the Town, together with interest thereon at the rate of one and one-half percent (1½%) per month from
the time the return was due (unless provided otherwise herein), shall be paid by the vendor within fifteen (15)
days after written notice and demand to him or her from the Director of Finance.
(d) An appeal of a notice of assessment, or demand issued to a vendor or taxpayer for failure to file a return,
underpayment of tax owed or as a result of an audit shall be submitted in writing to the Finance Director within
twenty (20) calendar days from the date of the notice of assessment or demand. Any such appeal shall identify
the amount of tax disputed and the basis for the appeal.
3.10.080 - Penalty—disregard for rules.
If any part of the deficiency is due to negligence or intentional disregard of authorized rules and regulations with
knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the
deficiency; and in such case, interest shall be collected at the rate of one and one-half percent (1½%) per month on
the amount of the deficiency from the time the return was due, from the person required to file the return, which interest
and addition shall become due and payable within fifteen (15) days after written notice and demand by the Director of
Finance.
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 4 of 12
3.10.090 - Penalty—fraud.
If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent
(50%) of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the
additions, shall become due and payable fifteen (15) days after written notice and demand by the Director of Finance,
and an additional one and one-half percent (1½%) per month on said amounts shall be added from the date the return
was due until paid.
3.10.100 - Service charge—returned checks.
If a check in payment of any cigarette excise tax is returned unpaid, a processing charge of five dollars ($5.00)
will be added to any amount due and owing.
3.10.110 - Investigation of retailer's books.
For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax
due from any taxpayer, the Director of Finance may hold investigations and hearings concerning any matters covered
by this Chapter, and may examine any relevant books, papers, records, or memoranda of any such person, requiring
the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having knowledge of
such sales, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The
Director shall have power to administer oaths to any person in the course of such investigations or hearings. Production
of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion
of any party; any request for production or attendance shall inform persons that compliance is voluntary but that, if the
request is not complied with, the Director may apply to the Municipal Judge for issuance of a subpoena.
3.10.120 - Judge compels attendance.
The Municipal Judge of the Town, upon the application of the Director of Finance, may compel the attendance of
witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Director of
Finance or any of his or her duly authorized agents, by the issuance and enforcement of subpoenas, in the same
manner as production of evidence may be compelled before the court.
3.10.130 – Cigarette excise tax information confidential.
(a) Except in accordance with judicial order, or as otherwise herein provided, the Town shall not divulge any
information gained from any return filed or as a result of any investigation or hearing held pursuant to the
provisions of this Chapter.
(b) Nothing contained in this subsection shall be construed to prohibit:
(1) The delivery to a person, or to his or her duly authorized representative, of a copy of any return filed in
connection with his or her tax;
(2) The publication of statistics so classified as to prevent the identification of particular reports or returns and
the items thereof;
(3) The inspection by the Town Attorney, or any other legal representative of the Town, of the return or other
information relating to any taxpayer who may become involved in litigation with the Town in which the said
information may become material.
(c) Reports and returns shall be preserved for three years, and thereafter until the Director of Finance, with the
approval of the Town Manager, shall order them destroyed.
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 5 of 12
3.10.140 - Estimated taxes and assessment thereof.
(a) If any person neglects or refuses to make a return for, or payment of any of the taxes levied by this Chapter when
the same become due, the Director of Finance shall, at some date subsequent to five (5) days after the date for
the making of such return or the payment of such taxes, give written notice to the person responsible for making
the return or paying the taxes or the lack of the filing of such return or payment of said taxes, which notice shall
notify the taxpayer, or other person responsible for the return of the tax, that the same must be paid within five
(5) days from the date of the receipt of said notice.
(b) If the return is not filed, or the taxes are not paid, within five (5) days after receipt of such notice, the Director may
make an estimate, based upon such information as may be available to him or her, of the amount of taxes due
for the period or periods for which taxpayer is delinquent and shall add thereto a penalty in an amount equal to
ten percent (10%) of the estimated tax, together with interest on the estimated tax at the rate of one and one-half
percent (1½%) per month from the due date thereof, and may assess said amount against the delinquent taxpayer
by giving the taxpayer written notice thereof, which notice shall require the taxpayer either to pay the amount
assessed by the Director of Finance or to petition him or her for a correction of the estimate within a period of ten
(10) days thereafter. Any such petition for correction shall be in writing, and any facts or figures in support thereof
shall be submitted upon the oath of the taxpayer. The Director shall consider the matters submitted by the
taxpayer, and shall make a decision as to the proper amount of taxes, penalty and interest due, which decision
shall be final and binding.
3.10.150 - Unpaid tax a prior lien.
(a) The taxes imposed by Section 3.10.020 shall be a first and prior lien upon the goods and business fixtures owned
or used by any tobacco retailer required by the provisions of Section 3.10.060 to submit a return and make
payment of the taxes collected, except the stock of goods held for sale in the ordinary course of business, until
said taxes are paid in full.
(b) The lien created by subsection (a) above shall be construed to be liens and encumbrances upon the specific
items of personal property therein enumerated, and shall take precedence over all other liens, encumbrances or
claims of whatsoever nature, and shall immediately attach to such items without the necessity of the filing of any
notice of lien thereof.
3.10.160 - Sale of stock or quitting business.
(a) Any retailer who sells out his or her business or stock of goods or who quits business, shall be required to prepare
and file a cigarette excise tax return as provided in this Chapter within fifteen (15) days subsequent to the date of
the completion of said sale or the quitting of business, and the purchaser thereof, if any, shall be required to
withhold sufficient of the purchase money to cover the amount of the tax due and unpaid, until such time as the
retailer shall produce a receipt from the Director of Finance showing that all such taxes have been paid and that
no further taxes are due.
(b) If the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided, and
the tax shall be due and unpaid after the fifteen-day period allowed, such purchaser shall be personally liable for
the payment of the taxes unpaid by the former owner, and the liens created by Section 3.10.150 shall immediately
attach to the personal property so purchased; provided, however, that the retailer so selling or quitting business
shall not be relieved in any manner of his or her liability for payment of any of said taxes due.
3.10.170 - Enforcement of taxes and foreclosure of liens.
(a) If any taxes, penalty or interest imposed by this Chapter and shown due by returns filed by the taxpayer, or as
shown by assessment duly made as provided herein, are not paid within fifteen (15) days after the same are due,
the Director of Finance shall issue a warrant under his or her official seal directed to any duly authorized revenue
collector, or to the sheriff of any county in this State commanding him or her to levy upon, seize and sell sufficient
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 6 of 12
personal property of the tax debtor which is subject to the liens created by Section 3.10.150 found within his or
her county for the payment of the amount due, together with interest, penalties and costs.
(b) Simultaneously with the issuance of said warrant, the Director shall issue a notice of tax lien, setting forth the
name of the taxpayer, the amount of the tax, penalties, interest and costs, the date of the accrual thereof, and
that the Town claims a first and prior lien therefor on the tangible personal property of the taxpayer subject to said
liens.
(c) Such notice shall be on forms prepared by the Director, shall be verified by him or her, and shall be filed in the
office of the clerk and recorder of any county in this State in which the taxpayer owns tangible personal property
subject to said liens.
(d) Upon the filing of said notice of lien, the effective date of the lien shall relate back to the date of the first transaction
for which any tax is due.
3.10.180 - Refunds—procedure.
(a) A refund shall be made or credit allowed for any tax paid under protest by any purchaser who has or claims to
have an exemption as in this Chapter provided. Such refund shall be made by the Director of Finance after
compliance with the following conditions precedent:
(1) Application. Applications for refund must be made within ninety (90) days after the purchase or use of
cigarettes on which the exemption is claimed, and must be supported by the affidavit of the purchaser,
accompanied by the original paid invoice or sales receipt and a certificate issued by the seller, together with
such further information as may be requested by the Director.
(2) Decisions. Upon receipt of such application and accompanying information, the Director shall examine the
same with all due speed and shall give notice to the applicant by an order in writing of his or her decision
thereon.
(3) Hearing. An aggrieved applicant may, within twenty (20) days after such decision is mailed to him or her,
petition the Director for a hearing on the claim. Such petition shall be in writing and shall identify the amount
of the refund requested and the basis for the request. The Director shall, upon due notice to the applicant,
hold a hearing upon such petition, taking such information or evidence as may be material, and shall
thereafter render his or her final decision upon such application, which decision shall be final.
(b) Any person claiming to have paid a tax for the purchase or use of cigarettes in excess of the rates established
by this Chapter may apply for a refund of the excess in the manner prescribed above.
(c) An appeal of a final decision of the Finance Director in a hearing held pursuant to this Section shall be commenced
within thirty (30) days of such decision.
3.10.190 - Refund not assignable.
The right of any person to a refund under this Chapter shall not be assignable, and application for refund must
be made by the same person who purchased or used the goods and who paid the tax thereon, as shown by the invoice
of the sale thereof or other appropriate document.
3.10.200 - Notices sent by mail.
All notices required to be given to the retailer or vendor under the provisions of this Chapter shall be in writing
and, if mailed, to him or her at his or her last known address shall be sufficient for the purpose of this Chapter.
3.10.210 - License and tax in addition to all other taxes.
The license and tax imposed by this Chapter shall be in addition to all other licenses and taxes imposed by law,
except as herein otherwise provided.
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 7 of 12
3.10.220 - Administration.
The administration of all the provisions of this Chapter is vested in the Director of Finance, who may, with the
approval of the Town Manager, prescribe forms and reasonable rules and regulations in conformity with this Chapter
for the making of returns, for the ascertainment, assessment and collection of the taxes imposed hereunder, and for
the proper administration and enforcement hereof, a copy of which forms, rules and regulations shall be made available
to the public.
3.10.230 - Unlawful acts.
It is unlawful for any person to fail to perform any affirmative duty required by this Chapter, or to willfully make,
prepare or submit a tax return or other document containing any false statement, or to willfully make a false statement
in any investigation or hearing, which may affect the tax liability of any person.
3.10.240 - Penalties.
Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a violation
of this Chapter, and any such person, firm or corporation shall be punished in accordance with the provisions of Section
1.08.010 of this Code.
3.10.250 – Cigarette excise tax—collection—limitation of actions.
(1) No cigarette excise tax, or interest thereon or penalties with respect thereto, shall be assessed, nor shall
any notice of lien be filed, or distraint warrant issued, or suit for collection be instituted, nor any other action
to collect the same be commenced more than three (3) years after the date on which the tax was or is
payable; nor shall any lien continue after such period, except for taxes assessed before the expiration of
such period, except for taxes assessed before the expiration of such period, notice of lien with respect to
which has been filed prior to the expiration of such period, in which cases such lien shall continue only for
one (1) year after the filing of notice thereof. In the case of a false or fraudulent return with intent to evade
tax, the tax together with interest and penalties thereon, may be assessed, or proceedings for the collection
of such taxes may be begun at any time. Before the expiration of such period of limitation, the taxpayer and
the Director of Finance may agree in writing to an extension thereof, and the period so agreed on may be
extended by subsequent agreements in writing.
(2) In the case of failure to file a return, the cigarette excise tax may be assessed and collected at any time.
3.10.260 – Cigarette excise tax—refunds—limitation of actions.
(1) An application for refund of tax moneys paid in error or by mistake shall be made within three (3) years after
the date of purchase of the cigarettes for which the refund is claimed.
3.10.270 – Cigarette excise tax—interest on underpayment, nonpayment, or extensions of time for payment
of tax.
(a) If any amount of cigarette excise tax is not paid on or before the last date prescribed for payment, interest on
such amount at the rate imposed under Section 3.10.300 shall be paid for the period from such last date to the
date paid. The last date prescribed for payment shall be determined without regard to any extension of time for
payment and shall be determined without regard to any notice and demand for payment issued, by reason of
jeopardy, prior to the last date otherwise prescribed for such payment. In the case of a tax in which the last date
for payment is not otherwise prescribed, the last date for payment shall be deemed to be the date the liability for
the tax arises, and in no event shall it be later than the date notice and demand for the tax is made by the Director
of Finance.
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 8 of 12
(b) Interest prescribed under Sections 3.10.270 through 3.10.290 shall be paid upon notice and demand and shall
be assessed, collected and paid in the same manner as the tax to which it is applicable.
(c) If any portion of a tax is satisfied by credit of an overpayment, then no interest shall be imposed under this Section
on the portion of the tax so satisfied for any period during which, if the credit had not been made, interest would
have been allowed with respect to such overpayment.
(d) Interest prescribed under Sections 3.10.270 through 3.10.290 on any cigarette excise tax may be assessed and
collected at any time during the period within which the tax to which such interest relates may be assessed and
collected.
3.10.280 – Cigarette excise tax—deficiency due to negligence.
If any part of the deficiency in payment of the cigarette excise tax is due to negligence or intentional disregard of
the ordinances or of authorized rules and regulations of the Town with knowledge thereof, but without intent to defraud,
there shall be added ten percent (10%) of the total amount of the deficiency, and interest in such case shall be collected
at the rate imposed under Section 3.10.300, in addition to the interest provided by Section 3.10.290, on the amount of
such deficiency from the time the return was due, from the person required to file the return, which interest and addition
shall become due and payable ten (10) days after written notice and demand to him or her by the Director of Finance.
If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added one hundred
percent (100%) of the total amount of the deficiency and in such case, the whole amount of the deficiency and in such
case, the whole amount of the tax unpaid, including the additions, shall become due and payable ten (10) days after
written notice and demand by the Director of Finance and an additional three percent (3%) per month on said amount
shall be added from the date the return was due until paid.
3.10.290 – Cigarette excise tax—neglect or refusal to make return or to pay.
If a person neglects or refuses to make a return in payment of the cigarette excise tax or to pay any sales tax as
required, the Director of Finance shall make an estimate, based upon such information as may be available, of the
amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the
sum of fifteen dollars ($15.00) for such failure or ten percent (10%) thereof and interest on such delinquent taxes at
the rate imposed under Section 3.08.353 plus one-half percent (0.5%) per month from the date when due, not
exceeding eighteen percent (18%) in the aggregate.
3.10.300 - Rate of interest.
When interest is required or permitted to be charged under any provisions of Sections 3.10.270 through 3.10.290,
the annual rate of interest shall be that established by the state commissioner of banking pursuant to Section
39.21.110.5, C.R.S.
3.10.310 - Other remedies.
Nothing in Sections 3.10.270 through 3.10.300 shall preclude the Town from utilizing any other applicable
penalties or remedies for the collection or enforcement of cigarette excise taxes.
3.10.320 – Cigarette excise tax—final decision of Town—appeals—posting of bonds.
(1) Within fifteen (15) days after filing a notice of appeal as provided in Section 3.08.130, the taxpayer shall file
with the district court a surety bond in twice the amount of taxes, interest and other charges stated in the
final decision by the Director of Finance which are contested on appeal. The taxpayer may, at his or her
option, satisfy the surety bond requirement by a savings account or deposit in or a certificate of deposit
issued by a state or national bank or by a state or federal savings and loan association, in accordance with
the provisions of Section 11.35-101(1), C.R.S., equal to twice the amount of the taxes, interest and other
charges stated in the final decision by the Director of Finance.
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 9 of 12
(2) The taxpayer may, at his or her option, deposit the disputed amount with the Director of Finance in lieu of
posting a surety bond. If such amount is so deposited, no further interest shall accrue on the deficiency
contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme
Court or the court of appeals or after the time for such appeal has expired, the funds deposited shall be, at
the direction of the court, either retained by the Director of Finance and applied against the deficiency or
returned in whole or in part to the taxpayer with interest at the rate imposed pursuant to Section 3.08.353.
No claim for refund of amounts deposited with the Director of Finance need be made by the taxpayer in
order for such amounts to be repaid in accordance with the direction of the court.
3.10.330 – Cigarette excise tax—final decision of Town—appeals—posting of bonds.
For transactions consummated on or after January 1, 1986:
(1) Within fifteen (15) days after filing a notice of appeal as provided in Section 3.10.070, the taxpayer shall file
with the district court a surety bond in twice the amount of taxes, interest and other charges stated in the
final decision by the Director of Finance which are contested on appeal. The taxpayer may, at his or her
option, satisfy the surety bond requirement by a savings account or deposit in or a certificate of deposit
issued by a state or national bank or by a state or federal savings and loan association, in accordance with
the provisions of Section 11.35-101(1), C.R.S., equal to twice the amount of the taxes, interest and other
charges stated in the final decision by the Director of Finance.
(2) The taxpayer may, at his or her option, deposit the disputed amount with the Director of Finance in lieu of
posting a surety bond. If such amount is so deposited, no further interest shall accrue on the deficiency
contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme
Court or the court of appeals or after the time for such appeal has expired, the funds deposited shall be, at
the direction of the court, either retained by the Director of Finance and applied against the deficiency or
returned in whole or in part to the taxpayer with interest at the rate imposed pursuant to Section 3.10.300.
No claim for refund of amounts deposited with the Director of Finance need be made by the taxpayer in
order for such amounts to be repaid in accordance with the direction of the court.
3.10.340 – Cigarette excise tax—collection—map of municipal boundaries.
The Director of Finance shall make available to any requesting vendor a map showing the boundaries of the
Town. No penalty shall be imposed or action for deficiency maintained against such a vendor who in good faith
complies with the most recent map available to it.
3.10.350 - Cigarette tax—alternative dispute resolution procedure—deficiency notice or claim for refund.
For transactions consummated on or after January 1, 1986, in lieu of the procedure provided for in Section
3.10.320, the taxpayer may elect a hearing on the Director of Finance's final decision on a deficiency notice or claim
for refund pursuant to procedure set forth in this Section.
(1) As used in this Section, state hearing means a hearing before the Executive Director of the Department of
Revenue or delegate thereof as provided in Section 29-2-106.1(3), C.R.S.
(2) When the Town asserts that sales or use taxes are due in an amount greater than the amount paid by a
taxpayer, the Town shall mail a deficiency notice to the taxpayer by certified mail. The deficiency notice shall
state the additional sales and use taxes due. The deficiency notice shall contain notification, in clear and
conspicuous type, that the taxpayer has the right to elect a state hearing on the deficiency pursuant to
Section 29-2-106.1(3), C.R.S. The taxpayer shall also have the right to elect a state hearing on the Town's
denial of such taxpayer's claim for a refund of sales tax paid.
(3) The taxpayer shall request the state hearing within thirty (30) days after the taxpayer's exhaustion of local
remedies. The taxpayer shall have no right to such hearing if he or she has not exhausted local remedies
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 10 of 12
or if he or she fails to request such hearing within the time period provided for in this subsection. For
purposes of this subsection, exhaustion of local remedies means:
a. The taxpayer has timely requested in writing a hearing before the Town and such Town has held such
hearing and issued a final decision thereon. Such hearing shall be informal and no transcript, rules of
evidence or filing of briefs shall be required; but the taxpayer may elect to submit a brief, in which case
the Town may submit a brief. The Town shall hold such hearing and issue the final decision thereon
within ninety (90) days after the Town's receipt of the taxpayer's written request therefor, except the
Town may extend such period if the delay in holding the hearing or issuing the decision thereon was
occasioned by the taxpayer, but, in any such event, the Town shall hold such hearing and issue the
decision thereon within one hundred eighty (180) days of the taxpayer's request in writing therefor; or
b. The taxpayer has timely requested in writing a hearing before the Town and the Town has failed to hold
such hearing or has failed to issue a final decision thereon within the time periods provided in
Subparagraph a above.
(4) If a taxpayer has exhausted his or her local remedies as provided in subsection (3) above, the taxpayer
may request a state hearing on such deficiency notice or claim for refund, and such request shall be made
and such hearing shall be conducted in the same manner as provided in Section 29-2-106.1(3) through (7),
C.R.S.
(5) If the deficiency notice or claim for refund involves only the Town, in lieu of requesting a state hearing, the
taxpayer may appeal such deficiency or denial of a claim for refund to the district court of the County of
Eagle as provided in Section 29-2-106.1(8), C.R.S., provided the taxpayer complies with the procedures set
forth in subsection (3) of this section.
(6) Nothing in this Section shall prohibit the taxpayer from pursuing judicial review of a final decision of the
Town as otherwise provided in Section 3.10.320.
(7) If the Town reasonably finds that the collection of sales tax will be jeopardized by delay, the Town may
utilize the procedures set forth in Section 39-21-111, C.R.S.
(8) An appeal of a final decision of the Finance Director in a hearing held pursuant to this Section shall be
commenced within thirty (30) days of such decision.
Section 5. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 6. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 7. Non-Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid or held to be in conflict
with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate
this Ordinance in its entirety. The Town Council hereby declares that it would have passed this
Ordinance and each provision thereof, even though any one of the provisions might be declared
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 11 of 12
unconstitutional or invalid. As used in this Section, the term “provision” means and includes any
part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application”
means and includes an application of an ordinance or any part thereof, whether considered or
construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 10. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT A: Ord. No. 19-02
Ord. 19-02 TOBACCO SALES TAX AND CIGARETTE EXCISE TAX - FINAL
March 12, 2019
Page 12 of 12
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 26, 2019 and setting such public hearing for March 12, 2019 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING on March 12, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A: Ord. No. 19-02
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO:
FROM:
RE:
DATE:
Honorable Mayor Smith Hymes and Town Council members
Eric J. Heil, Town Attorney
Ordinance No. 19-01 Community Housing Incentives
March 6, 2019
SUMMARY: This memorandum provides a follow-up to the February 26, 2019 Council discussion of
Ordinance No 19-01 Community Housing Incentives. The materials presented on February 26, 2019
are resubmitted to Council along with a complete copy of the Avon Community Housing Plan adopted at
the end of last year. The prior materials are supplemented with these optional language revisions based
upon comments received at the February 26, 2019 meeting and comments received after that meeting.
1.Do No Limit Buyer’s Exemption to One-Half of Sale: Do not limit Buyer’s exemption to one-half of
consideration and allow Buyer to negotiate to pay for more than one-half of the RETT to enhance Buyer’s
ability to negotiate a lower purchase price. This can be accomplished by deleting sub-section
3.12.060(19)(a)(4) which is shown below in strikeout. To illustrate the effect, if a Buyer negotiated to pay
100% of the RETT on a $500,000 residence and the Town allows the Buyer to claim an exemption for the
entire RETT amount that the Buyer pays, the full exemption would be in the amount of $10,000. Typically,
the RETT is split 50/50; therefore, if the Buyer negotiates to be liable for all the RETT, then the Buyer can
negotiate a purchase price that is $5,000 less than the purchase price for a Buyer who can not claim any
RETT exemption. This option would require additional administrative work to verify the amount the Buyer
actually paid at closing.
3.12.060(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred
twenty thousand dollars ($320,000.00)] of the consideration paid after the first one hundred
and sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or
(18) above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a.An application for exemption is filed with the Finance Department, which
application is accompanied by:
1.An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant
where the co-signor is signing for the sole purpose of facilitating the financing qualifications
of the applicant/primary resident and signs an affidavit that the co-signor is not a co-
purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall
fail to occupy and use the property as a primary residence within the timeframe
established under the definition of primary residence found in Section 3.12.020 or shall
cease to use the property as his or her primary residence within one (1) year after closing
and granting to the Town a lien securing such indebtedness, which lien shall be
subordinate to any first mortgage or deed of trust of record; and
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: March 6, 2019
Page 2 of 2
3. The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)];
and,
4. The total additional consideration that is exempt pursuant to this Section 3.12.060(19) and
either Section 3.12.060(17) or (18) does not exceed one half of the entire consideration paid for the
transfer.
b. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
2. Extend Increased Primary Residence Exemption to Retirees: Allow long term Eagle County
residents who are retirees to qualify for primary residence exemptions. An example of a retiree exemption
would be for residents who have lived in Eagle County for at least five (5) years and who are at least sixty-
five years of age. Language amendments would include adding a definition of Eagle County Retiree and
then including Eagle County Retiree in addition to Eagle County Employees in the exemptions in Sections
3.12.060(18) and (19). A variation to consider is allowing an Eagle County Resident who has lived in Eagle
County a total of 5 years in the last 7 years and is at least 65 years old to qualify as an Eagle County
Retiree to allow for circumstances when temporary relocation occurs (which can arise with elder care).
3. Clarify that Incentives are to Promote Community Housing: Clarify that the Community Housing
Incentives in Chapter 3.14 are intended primarily for housing purposes. Rather than modifying the
language each of the taxes and fees, I recommend an addition to Section 3.14.010 Purpose to read as
follows:
3.14.010. Purpose. Council may elect to promote Community Housing through the use
of Community Housing Incentives, including the credit, exemption or waiver of taxes or
fees otherwise applicable to residential development. The use of Community Housing
Incentives is intended to promote the provision of Community Housing which would
likely not occur without providing such incentives and is not intended to subsidize
free market residential or commercial development.
I suggest that Council would benefit from some additional real estate market analysis to better
understand the level of public subsidy that is required to incentivize the private sector to produce deed
restricted Community Housing. A residential project with mixed free market units and deed restricted units
provides a more integrated residential project rather than segregating low or middle income housing and
free market units are often necessary for the economic viability of a private sector project.
Thank you, Eric
ATTACHMENT A: February 7, 2019 Memorandum
ATTACHMENT B: Ordinance No. 19-01
ATTACHMENT C: Avon Community Housing Plan
ATTACHMENT D: REDLINE of existing AMC Sections 3.12.060(14) through (17) compared to
proposed AMC Sections 3.12.060(14) through (19)
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 19-01 Community Housing Incentives
DATE: February 7, 2019
SUMMARY: Council adopted the Town of Avon Community Housing Plan on December 13, 2018
(“Housing Plan”). The Housing Plan recommended that Avon formalize a fee waiver program for worker
housing. Council had previously expressed interest in revisiting the Real Property Transfer Tax (“RETT”)
exemption and considering an increase in the exemption for primary residences for the purpose of
promoting community housing. The tax and fee credits, exemptions and waivers (“Community Housing
Incentives”) are discussed first, then proposed amendments and options to the primary residence RETT
exemption are discussed.
REQUESTED COUNCIL ACTION: Ordinance No. 19-01 is presented for consideration on first reading;
however, the ordinance presents many technical financial concepts and budget implications. Currently,
there are no known pending or imminent housing projects. Council may desire to treat this action item
as a work session for initial discussion and then continue first reading to the next Council meeting
to allow additional time for consideration, language amendments, or gathering additional
information.
COMMUNITY HOUSING INCENTIVES: Council has general authority to provide a credit, exemption or
waiver of taxes and fees upon the finding of a public benefit. Such action is similar to an appropriation,
which is a legislative act. The Colorado Constitution prohibits making “gifts” to corporations or individuals;
therefore, any appropriation or other action to provide a financial benefit to a person or entity must include a
finding of “public benefit”. Credits, exemptions and waivers for community housing projects are a form of
financial subsidy which impacts the Town’s budget like an appropriation or expenditure of existing funds.
New Chapter 3.14 – Community Housing Incentives. In order to “formalize” and appropriately
implement tax and fee credits, exemptions and waivers, a new Chapter 3.14 is proposed in the Avon
Municipal Code (“AMC”). The Finance Department strongly prefers to avoid rebates, refunds and
reimbursements due to the additional administrative and accounting work, therefore, the form of financial
subsidy is proposed as a tax “credit” for sales tax, a tax “exemption” for real property transfer taxes, and
“waivers” for development code fees, tap fees, and building permit fees. Development Code applications
may require a “refund” due to the timing because applications fees must be submitted as part of a complete
application and Council would not likely consider and approve a resolution to grant Community Housing
Incentives until a community housing project was completely approved.
The following key elements are included in AMC Chapter 3.14:
“Community Housing” is defined to mean housing restricted to (1) long-term residential use, (2) as a
primary residence, (3) by qualified persons, (4) that is subject to a deed restriction approved by Town, and
(5) is enforceable by the Town.
Approval by Resolution: Council approval of Community Housing Incentives by resolution is required
because each housing project is unique. A resolution only requires one meeting to approve and takes
effect immediately. AMC Section 3.14.030 lists the minimum elements of such a resolution as follows:
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 2 of 7
(1) The Community Housing project shall be defined by location, type of residential
units, and quantity of residential units;
(2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be
defined, and may be apportioned for a development project that includes both
community housing and non-community housing elements;
(3) The form of the deed restriction that shall protect and maintain such Community
Housing for the benefit of the Town shall be included with the resolution and the
resolution shall accept or authorize the acceptance and execution of deed restriction;
(4) The resolution shall include a finding that the tax and/or fee credits, exemptions
and/or waivers are necessary to promote community housing that meets a current or
projected housing need for the Avon community; and,
(5) The resolution shall include a finding of public benefit for providing such tax and/or
fee credit, exemption and/or waiver.
AMC Chapter 3.14 allows for credits, exemptions and waivers of (1) sales tax on building materials and
fixtures, (2) real property transfer taxes, (3) development code plan review fees, (4) Avon water tap fees,
and (5) building permit fees. Each of these taxes and fees are discussed as follows:
Sales Tax: The Town charges 4% on any building materials which are delivered in Town and on fixtures
which are purchased outside of Town and installed in buildings. AMC Chapter 3.08 – Sales Tax would be
amended by Ordinance 19-01 to enact the following new section:
“3.08.036 – Tax credit for community housing. Notwithstanding any other provision
of this Chapter, there shall be granted a sales tax credit to each person owing tax on the
sale of building materials and fixtures used in a community housing project provided that
such sales tax credit is approved by Council by resolution in accordance with Chapter
3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination
of this tax credit shall constitute a tax increase, the imposition of a new tax or a tax policy
change.”
Real Property Transfer Tax: AMC Chapter 3.12 currently includes an exemption that allows the Town
Manager to provide an exemption for RETT for “low and moderate income persons;” see AMC Section
3.12.060(14). Town Manager approval of a RETT exemption for new projects is likely not appropriate
because “low and moderate income persons” is not defined and approval of any agreements, deed
restrictions, covenants or declarations for the benefit of Town and to be enforceable by Town should be
approved by Council. Ordinance 19-01 would revise this exemption to require Council to approve a RETT
exemption for a new Community Housing project and would cross reference the procedure and
requirements in AMC Chapter 3.14. The revisions are shown as follows:
3.12.060 - Exemptions.
Unless the method of transfer is contrived for the purpose of evading the real property
transfer tax imposed by this Chapter, the real property transfer tax shall not apply to the
situations described below:
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 3 of 7
(14 15) Any sale or conveyance of real property or improvements for the purpose of
constructing or providing low or moderately priced housing units for sale or lease to low
or moderate income personsor otherwise providing Community Housing as defined in
Chapter 3.14; provided, that the parties to the transaction shall apply to the Town
Manager Council for the exemption prior to the occurrence of the transaction from which
exemption is sought in accordance with Chapter 3.14 Community Housing Incentives and
that the property shall be subject to a deed restriction that protects and maintains the
Community Housing for the benefit of the Town, and the parties shall agree to
appropriately restrict the future use of the property to low and moderately priced housing
units by recorded agreement, deed restriction, covenants, declarations or similar
instruments as may be required by the Town Manager;
Development Code Application Fees: Ordinance 19-01 authorizes a waiver or refund of Development
Code application fees. These fees would likely involve site plan and design review at a minimum or could
include applications for subdivision, re-zoning or planned unit development depending upon the project.
This is the only fee that contemplates a possible refund due to the timing that Development Application
review fees must be paid when submitting a complete Development Application. Depending upon the
nature of the Community Housing project, this fee waiver could range from $1,000 to $10,000. Proposed
AMC Section 3.14.060 specifically provides that the cost for third party consultants and professionals,
studies and reports are not included in the Development Application review fees that can be waived,
refunded or reimbursed under AMC Chapter 3.14.
Avon Water Tap Fees: Avon imposes a water tap fee on new residential construction in the amount of
$4,000 per residence in AMC Chapter 13.08, Appendix 13-A of the Avon Municipal Code. Proposed AMC
Section 3.14.060 allows for water taps fees to be credited towards the cost of water line upgrades and
extensions that may be required for the project and which would typically be paid for by the developer. The
waiver of all water tap fees, deferment of water tap fee payments and a combination of credit, waivers and
deferment is also allowed. Additional research is continuing with regard to the waiver of water tap fees
because many communities are reluctant to waive these fees.
Building Permit Fees: Proposed Section 3.14.080 would allow a waiver of plan review and building permit
fees.
Fire District and Emergency Services Impact Fee, School Site Dedications, and Park Land
Dedications: Ordinance 19-01 does not propose including waivers for the following:
Fire District Impact Fees: Chapter 3.40 – Impact Fees, which are required to be transferred to the Eagle
River Fire Protection District.
School Site Dedications: Section 7.32.080 – cash-in-lieu is held by Town in a separate School Facility
Capital Improvements Fund and the use is limited to capital improvements of educational facilities or
acquisition of school site lands that serve the Avon community.
Parkland dedications: Section 7.32.090 - cash-in-lieu is held by Town in a separate Parks Capital
Improvements Funds and and the use is limited to capital improvements of parks or acquisition of park
lands that serve the Avon community
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 4 of 7
EXAMPLE OF TAX AND FEE RELIEF FOR COMMUNITY HOUSING: The following example is
presented to illustrate the tax and fee relief and is based on a 10 unit townhome project, each unit is 2
bedrooms and 1,000 square feet, total square footage is 10,000 square feet, and construction on a 1 acre
vacant land parcel purchased for $2,000,000.
Sales Tax (Based on $300 per sq.ft. construction cost and
estimate that 50% of construction cost materials and 50% is
labor. 10,000 sq.ft. times $300 per sq.ft. x 50% x 4% sales
tax.)
$60,000.00
Real Property Transfer Tax (Based on $2 million vacant land
purchase price times 2% RETT)
$40,000.00
Development Application Fees (estimated, design review
only)
$1,500.00
Avon Water Tap Fees (2 inch, per Appendix 13-A) $41,300.00
Building Permit Fees (plan review and permit) $39,280.00
TOTAL TAX AND FEE RELIEF: $182,080.00
TAX AND FEE RELIEF PER UNIT: $18,208.00
PRIMARY RESIDENCE RETT EXEMPTION: Several options and concepts are provided for Council’s
consideration with regard to any change to the RETT exemption for purchasers of a primary residence.
Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee
and Primary Residence as follows:
Eagle County employee means an employee working in Eagle County who works an average of
at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his
or her income and earnings by working in Eagle County; or a retired individual, sixty (60)
years or older, who has worked a minimum of five (5) years in Eagle County for an average of
at least thirty (30) hours per week on an annual basis.
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 5 of 7
Primary residence means the occupation and use of a residence as the primary residence, which
shall be determined by the Town Manager by taking into account the following circumstances:
voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not
registered to vote in any other place); stated address on Colorado driver's license or Colorado
identification card; stated address on motor vehicle registration; ownership or use of other
residences not situated in Avon, Colorado; and stated residence for income and tax purposes.
Occupation and use of a residence as a primary residence must occur within thirty (30) days of
transfer of the real property, provided that the Town Manager may grant an extension of an
additional ninety (90) days if extenuating circumstances are found to exist in the Town
Manager's discretion and provided that such extension request is included with the applicant's
application for exemption.
The Town of Avon receives and approves approximately 65 RETT exemptions applications for primary
residence. [2016 = 70; 2017 = 74; 2018 = 51]. The primary residence exemption is for the first $160,000 in
consideration paid which translates into $3,200 in RETT relief for the buyer. On average, this exemption
results in $208,000 in RETT annually that is exempted for primary residence purchases.
Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which
provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then
Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for
primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was
only available to a person who met the definition of an “Eagle County Employee”. This change was
intended to support working full-time residents who currently owned a primary residence in Avon but
desired to purchase a larger residence to reflect residential needs and preferences during various life
stages.
Options for Primary Residence RETT Exemption Changes:
1.Increase the $160,000 primary residence exemption in AMC Sections 3.12.060(15) and (16). This is a
simple option that is very easy to adopt and administer. This exemption would be available to all
primary residence purchasers regardless of the sales prices of the residence. If Council desires this
option, then Ordinance No. 19-01 can be amended to simply amend AMC Sections 3.12.060(15) and
(16)to increase the $160,000 exemption amount.
2.Increase the $160,000 primary residence exemption but (1) limit eligibility for the additional exemption
to residences that do not exceed a maximum affordable prices based on the Area Median Income for
Eagle County (e.g. residences that do not exceed $640,000 to $960,000), and (2) limit the total RETT
exemption for primary residence to one half (50%) of the sales price for the residence. The existing
RETT exemptions for primary residence state that the exemption only applies to the portion paid by a
buyer and nearly all transactions split the RETT 50/50 between buyer and seller.
3.Do not increase the primary residence exemption and in the alternative amend AMC Section 3.12.110
– Allocation of Revenue to pledge a portion of annual RETT revenues to the Avon Community Housing
Fund. This option would advance a goal in the Housing Plan to identify and implement a dedicated
funding source for community housing.
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 6 of 7
Pros and Cons of Options:
Options 1 and 2 would directly reduce the costs for buyer to purchase a residence in Avon as a primary
residence. The real estate transfer tax is split 50/50 between buyer and seller for a strong majority of real
estate transfers (anecdotally 95% of transactions). The buyer is required to pay the buyer’s portion of the
RETT at closing in addition to the down payment and other closing costs. An increase in the primary
residence exemption would directly reduce the buyer’s required cash at closing which will improve buyer’s
ability to purchase a residence. An increase of the primary residence exemption from $160K to $320K
would save a buyer a total of $6,400 at closing. An increase of the primary residence exemption from
$160K to $480K would save a buyer a total $9,600 at closing.
Option 2 proposes a limitation on an increased, additional primary residence RETT exemption to those
more in need and would exclude purchases of residences greater than ($640,000 to $960,000) on the basis
that the purchase of a residence in that price range does not warrant a public subsidy to promote
Community Housing. In addition, Option 2 limits the total exemption to one half of the consideration paid
for a residence because the existing primary residence exemptions contemplate that the exemption should
only apply to the RETT paid by buyer and the obligation to pay RETT is split 50/50 on most transactions.
Option 3 contemplates that the amount of subsidy associated with increasing the primary residence
exemption may be more impactful and beneficial to Avon’s community housing efforts if it were dedicated to
a housing fund.
Other Options: Council may desire other options, or hybrid options. For example, increasing the primary
residence exemption from $160K to $320K up to a maximum residential sales prices of $640K and
dedicating a small percentage (e.g. 7%) or set amount (e.g. $100K) per year of RETT to the Avon Housing
Fund, or dedicating only a portion of RETT to community housing when it exceeds a minimum amount in
any given year. The downside of a hybrid approach is that the impact may be diluted across several
housing efforts.
Impacts to RETT and Capital Improvements: The RETT generates an average of $3.1 million in
revenues per year. An increase in the primary residence RETT exemption from $160,000 to $320,000 can
be expected to reduce RETT revenues by $208,000 per year. An increase from $160,000 to $480,000 can
be expected to reduce RETT revenues by $416,000 per year. In the alternative, Council could amend AMC
Section 3.12.110 – Allocation of Revenue to dedicate a certain percentage or dedicate a specific dollar
amount to the Avon Community Housing Fund. A 5% dedication would result in approximately $155,000
per year in revenues for Community Housing. A 10% dedication would result in approximately $310,000
per year in revenues for Community Housing. Any increase to the primary residence RETT exemption or
any dedication to the Avon Housing Fund will have an impact on the available RETT revenues and capital
improvements project planning in the future.
EXEMPTION FOR DEED RESTRICTED UNITS: Ordinance 19-01 includes a clean-up to expressly allow
an exemption for transfers of deed restricted housing units with a new AMC Section 3.12.060(16). This has
been the policy and practice of Avon for a long time and has been approved under existing AMC Section
3.12.060(14) which authorizes the Town Manager to provide an exemption for the purpose of providing low
or moderately priced housing units. New AMC Section 3.12.060(16) would read:
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 7 of 7
“3.12.060(16) Transfers of Community Housing subject to a deed restriction to qualified
purchasers provided that the deed restriction that protections and maintains such
Community Housing for the benefit of the Town is in compliance with all terms and
conditions.”
RECODIFICATION AND AMENDMENTS TO AMC SECTION 3.12.060: Due to previous amendments and
the concern over TABOR restrictions and the impact of changes to existing language in Chapter 3.12 Real
Property Transfer Tax, the list of exemptions is disorderly. With the addition of new enactments, a slight
recodification is proposed so that the subject matter of the listed exemptions is more orderly.
SAMPLE MOTIONS:
[continuance] “I move to continue consideration of first reading of Ordinance No. 19-01 and provide
direction to staff to [make changes, research more information]”
[approval on first reading] “I move to approve first reading of Ordinance No. 19-01 Amending Chapter
3.12 Real Propery Transfer Tax and Enacting Chapter 3.14 Community Housing Tax and Fee Credits,
Exemptions and Waivers.”
Thank you, Eric
ATTACHMENT A: FEB 7, 2019 Memorandum
Ord. 19-01
March 12, 2019 FIRST READING
Page 1 of 8
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-01
AMENDING CHAPTER 3.08 SALES TAX; CHAPTER 3.12 REAL
PROPERTY TRANSFER TAX; ENACTING CHAPTER 3.14
COMMUNITY HOUSING INCENTIVES; AND AMENDING CHAPTER
13.08 PUBLIC SERVICES OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Council adopted the Town of Avon Community Housing Plan on December 13,
2018, which included a policy to “formalize a fee waiver/reimbursement process” and which
included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated
formalizing a Fee Waiver Program; and
WHEREAS, Council adopted the Town of Avon Comprehensive Plan which includes Policy
E.1.3: which states in part, “Provide attainable housing through alternative means, including . . .
waiver of development and building fees, . . .”; and
WHEREAS, the Avon Town Council finds that amendments to the Avon Municipal Code
will promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 2 of 8
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Enactment of Section 3.08.036 – Tax credit for community housing. A new
Section 3.08.036 of the Avon Municipal Code is hereby enacted to read as follows:
“3.08.036 – Tax credit for community housing. Notwithstanding any other provision of
this Chapter, there shall be granted a sales tax credit to each person owing tax on the sale
of building materials and fixtures used in a community housing project provided that such
sales tax credit is approved by Council by resolution in accordance with Chapter 3.14.
Neither the ability of the Town to grant this tax credit nor the repeal or termination of this tax
credit shall constitute a tax increase, the imposition of a new tax or a tax policy change.”
Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon
Municipal Code is hereby amended to recodify Section 3.12.060(17) as Section 3.12.060(14); to
recodify and amend Section 3.12.060(14) to Section 3.12.060(15) to read as set forth in this
section; to recodify Section 3.12.060(15) to Section 3.12.060 (17); to recodify Section
3.12.060(16) to Section 3.12.060(18); to enact a new Section 3.12.060(16); and to enact a new
Section 3.12.060(19); such that Sections 3.12.060(14) through (19) shall read as follows:
“3.12.060 (14) The subsequent transfer of a residence involved in a "tax free" or "tax
deferred" trade under the Internal Revenue Code wherein the interim owner acquires
property for the sole purpose of reselling that property as part of a qualified exchange and
the property is resold within twenty-four (24) months after the first transfer. In these cases,
the first transfer of title is subject to the real property transfer tax and the subsequent transfer
will only be exempt as long as a transfer tax has been paid in connection with the first transfer
of such residence in such exchange. In the event the consideration for the subsequent
transfer is greater than the consideration for the first transfer, transfer tax shall be due on
such increased amount of consideration.
(15) Any sale or conveyance of real property or improvements for the purpose of
constructing or otherwise providing Community Housing as defined in Chapter 3.14;
provided, that the parties to the transaction shall apply to the Town Council for the exemption
prior to the occurrence of the transaction from which exemption is sought in accordance with
Chapter 3.14 Community Housing Incentives and that the property shall be subject to a deed
restriction that protects and maintains the Community Housing for the benefit of the Town;
(16) Transfers of Community Housing subject to a deed restriction to qualified purchasers
provided that the deed restriction that protects and maintains such Community Housing for
the benefit of the Town is in compliance with all terms and conditions.
(17) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided the following conditions are met:
a. The same applicant has not previously received an exemption pursuant to this
subsection;
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 3 of 8
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the real property is being purchased for use as a primary residence and
not for investment or resale (provided that a co-signor shall not disqualify the exemption for
the applicant where the co-signor is signing for the sole purpose of facilitating the financing
qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not
a co-purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record.
c. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(18) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided that the following conditions are met:
a. The applicant previously received a primary residence exemption pursuant to Section
3.12.060(17) and the applicant has satisfied the conditions of subsection (17)b.1. and 2. of
Section 3.12.060; and
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the applicant's current primary residence used to satisfy the
requirements of Section 3.12.060(17) is within the town; that the applicant meets the
definition of an Eagle County employee; that the real property is being purchased for use as
a new primary residence and not for investment or resale (provided that a co-signor shall
not disqualify the exemption for the applicant where the co-signor is signing for the sole
purpose of facilitating the financing qualifications of the applicant/primary resident and signs
an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event that the applicant shall
fail to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence or shall cease to meet the definition of an Eagle
County employee within one (1) year after closing and granting to the town a lien securing
such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of
record; and
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 4 of 8
c. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred twenty
thousand dollars ($320,000.00)] of the consideration paid after the first one hundred and
sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or (18)
above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a. An application for exemption is filed with the Finance Department, which application
is accompanied by:
1. An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant where
the co-signor is signing for the sole purpose of facilitating the financing qualifications of the
applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record; and
3. The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)]; and,
4. The total additional consideration that is exempt pursuant to this Section
3.12.060(19) and either Section 3.12.060(17) or (18) does not exceed one half of the entire
consideration paid for the transfer.
b. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
Section 4. Enactment of Section 3.14 – Community Housing Incentives. Section 3.14 of
the Avon Municipal Code is hereby enacted to read as follows:
“3.14 Community Housing Incentives.
3.14.010. Purpose. Council may elect to promote Community Housing through the use
of Community Housing Incentives, including the credit, exemption or waiver of taxes or fees
otherwise applicable to residential development.
3.14.020. Definitions
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 5 of 8
Community Housing means residential housing which is subject to a deed restriction that
limits use to long-term residential use as a primary residence by qualified persons and which
deed restriction may impose other restrictions and limitations and may include terms
deemed appropriate in the Town’s discretion, including but not limited to controls on the
resale price of such residential property, and which deed restriction is enforceable by the
Town.
Community Housing Incentive means a tax and/or fee credit, exemption, waiver or refund
approved in accordance with this Chapter 3.14.
3.14.030. Approval by Resolution. Any credit, exemption or waiver of taxes or fees shall
be approved by Council by resolution. The resolution shall include the following minimum
elements:
(1) The Community Housing project shall be defined by location, type of residential units,
and quantity of residential units;
(2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be
defined, and may be apportioned for development project that includes both community
housing and non-community housing elements;
(3) The form of the deed restriction that shall protect and maintain such Community Housing
for the benefit of the Town shall be included with the resolution and the resolution shall
accept or authorize the acceptance and execution of deed restriction;
(4) The resolution shall include a finding that the tax and/or fee credits, exemptions and/or
waivers are necessary to promote community housing that meets a current or projected
housing need for the Aovn community; and,
(5) The resolution shall include a finding of public benefit for providing such tax and/or fee
credit, exemption and/or waiver.
3.14.040. Sales Tax. Council may provide a tax credit for the amount of sales tax
imposed upon building materials and fixtures delivered, installed and/or consumed in
Community Housing projects. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or residential projects with mixed Community Housing and free-market
dwelling units. Neither the ability of the Town to grant the this tax credit nor the termination
of this tax credit shall constitute a tax increase, the imposition of a new tax or a tax policy
change.
3.14.050. Real Property Transfer Tax. Council may provide an exemption for the real
property transfer tax on property that is conveyed to construct or otherwise provide a
Community Housing project. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or residential projects with mixed Community Housing and free-market
dwelling units.
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 6 of 8
3.14.060. Development Code Fees. Council may provide a waiver, refund or
reimbursement of Development Application review fees that are required pursuant to Title 7
Avon Development Code. The cost for third party consultants and professionals, studies
and reports are not included in the Development Application review fees that can be waived,
refunded or reimbursed under this Chapter 3.14.
3.14.070. Avon Water Tap Fees. Council may allow the tap fees to be credited towards
the cost of required water line upgrades or extensions, may allow a waiver of tap fees, may
allow deferment of water tap fee payment, or may allow a combination of credit, waiver
and/or deferment of tap fees that are required pursuant to Chapter 13.08 – Rates and
Charges of Title 13 – Public Services.
3.14.080. Building Permit fees. Council may provide a waiver of Plan Review and
Building Permit fees that are required pursuant to Title 15 Building Code.”
Section 5. Amendment of Section 13.08.030 – Classification of customers. Section
13.08.030 of the Avon Municipal Code is hereby amended to enact a new sub-section (4) to read
as follows:
“(4) Community Housing. Residential use which meets the definition of community housing
set forth in Section 3.14.020.”
Section 6. Enactment of Section 13.08.045 – Tap fee waiver for Community Housing. A
new Section 13.08.045 of the Avon Municipal Code is hereby enacted to read as follows:
“13.08.045 – Tap fee waiver for community housing. Town Council may waive tap fees
for residential units in a community housing project pursuant to the procedures set forth in
Chapter 3.14.”
Section 7. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 9. Non-Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid or held to be in conflict
with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate
this Ordinance in its entirety. The Town Council hereby declares that it would have passed this
Ordinance and each provision thereof, even though any one of the provisions might be declared
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 7 of 8
unconstitutional or invalid. As used in this Section, the term “provision” means and includes any
part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application”
means and includes an application of an ordinance or any part thereof, whether considered or
construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 10. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 11. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 13. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 8 of 8
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 12, 2019 and setting such public hearing for April 9, 2019 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING on April 9, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT B: ORD. NO. 19-01
Town of Avon
Community Housing Plan
December 2018
Prepared by Willa Williford
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
2
The Town of Avon seeks to build upon a long history as a high amenity year-round resort community, strength-
ening its vibrant and inclusive community culture. The current Comprehensive Plan sets the vision for diverse
and exciting opportunities for residents, businesses, and visitors. The current housing market, which offers
very few affordable 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 the
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.•
Introduction
Goals & 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.
“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, MAY 2017
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
3
Goals and Objectives of this Housing Plan are as follows:
Focus on increasing deed restricted homeownership opportunities • for households making equivalent of 140% or less of the Area Median Income - $430,000 for a household of three people in 2018.
Grow the inventory of homeownership and “missing middle” inventory, • in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of 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 80-120% AMI level.
Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling units in Avon are • occupied by year-round residents.
Stabilize or increase the percentage of Eagle County working residents Avon. •
Seek to add deed restricted units to the inventory in the short term.•
Strengthen regional partnerships with other communities and entities (i.e. Habitat for Humanity, Eagle • County, other municipalities) to make projects happen.
As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase • housing serving the local year-round population.
Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects • and housing stock in the mid-valley; appendices may be updated by Resolution.
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 locals 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 in-•
come on housing, commuting long distances, and living in locations or situations that are not sustainable
for the long term.
Median price for all dwelling units sold in Avon in 2017 was $438,000. Condominiums accounted for 71%
of these sales, with a median price of $358,500. The median price for single family dwellings, duplexes and
townhomes was $850,000. The price affordable to a median income family is less than half than that, at about
$316,000. Only four dwelling 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 C: AVON COMMUNITY HOUSING PLAN
4
Strengths & Assets
Avon can build on existing assets and previous housing initiatives:
An inventory of 670 price-controlled housing units, 63 of which are deed restricted for sale units that •
were a result of successful PUD negotiations;
An Affordable Housing Fund balance of $675,000. As the Housing Fund increases, the additional fund •
should be leveraged to meet the goals of the plan;
A partnership with The Valley Home Store for monitoring and compliance of deed restrictions on for-sale •
units;
Employee housing mitigation requirements for some new commercial development;•
History of regional collaboration with public sector, non-profit and private sector on housing issues;•
Significant opportunities for development and redevelopment, with water rights, transit access, and •
existing available density on vacant and underutilized private parcels;
Commercially zoned land that may also be appropriate for residential development; and•
Adopted Comprehensive Plan, which sets housing as top policy priority.•
To meet the needs of local employees in the Eagle River Valley, over 4,000 additional dwelling units will be
required by 2020. In mid-valley, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be
needed. Subsidies or public/private partnerships are anticipated to be required for the majority of these
dwelling units 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.
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.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
5
Tools & 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 Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable
for local housing. The Town has a strong track record in including employee housing in PUD approvals. The
Town will continue to encourage, and, in some instances, require local 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 units, and lock-off incentives
and regulations.
Update mitigation/linkage policies• to be more proactive in addressing 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 locals. 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.
Conduct a • comprehensive review of fees associated with new construction and formalize a fee waiver/
reimbursement process for new housing that meets the goals of the plan.
Housing Development and Retention
A top priority is pursuing housing development on Town owned land. Two parcels, identified in the Town
of Avon Properties Plan, are appropriate to move forward with housing development in the next three years.
These sites are Wildwood and Swift Gulch.
This Plan is recommending that public outreach and feasibility analysis for Wildwood move forward this year.
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 partner-
ships.
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”
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
6
Funding
Local funding is a key ingredient to building and maintaining housing
units. Investing (or “leveraging”) local funds is essential to attracting
the outside funding sources such as grants, loans, tax credits and pri-
vate investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance
of about $675,000. 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 will be to seek oppor-
tunities for new funding sources, which could include approaches such as increased linkage fees, regional
collaboration, and/or support for a local ballot initiative. Public/private partnerships are also a funding strat-
egy, generating potential access to grants, below market loans, and resources such as the Low Income Hous-
ing Tax Credit.
The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle
River Valley. In pursuit of local year-round housing, the Town will continue to participate in regional studies,
seek opportunities to participate in regionally significant housing developments beyond Town boundaries,
and participate in employer forums, and be an advocate for other regional initiatives.
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 strat-
egy. The second strategy is to explore mechanisms such as mobile home preservation, acquisition, and
right of first refusal to preserve properties that currently house locals. 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 maintenance of 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 home ownership assets and make a plan for funding and implementing capital improve-
ments. This effort is anticipated to begin in 2020.
Cultivating additional public/private partnerships for housing are additional strategies that will be on-
going. Collaborative efforts with Eagle County, other municipalities, and local employers are imperative
when fostering new opportunities for housing development and retention.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
7
Investment Criteria
As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate
opportunities based on the following criteria:
Does the program or project meet the goals and objectives of the Comprehensive Plan and this Housing 1.
Plan?
Does the investment fill a gap that would otherwise keep the proposed program or project from moving for-2.
ward?
Does the program or project encourage resource conservation, energy efficiency and sustainable develop-3.
ment? Does the location offer access to multi-model transportation options and other services?
Is there participation from other regional partners, public and/or private?4.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
APPENDIX A: AVON COMMUNITY HOUSING PLAN -WORK PLAN
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
DEED RESTRICTED UNIT INVENTORY - CAPTIAL ASSESSMENT Lead
Determine Management & Capital Reserves for key properties Planning
Report to Council on Findings Planning/Council
Partner with HOAs to complete HOA Reserve Studies Planning
FORMALIZE FEE WAIVER PROGRAM FOR WORKER HOUSING
Review Town of Avon building and planning fees Planning
Formalize Fee Waiver Program Council
CODE AMENDMENTS - ADUs, STRs, INCLUSIONARY ZONING
Review current and previous ordinances and calculations Planning
Conduct outreach Planning
Revise and recommend adoption PZC
Consider for Adoption Council
WILDWOOD HOUSING PROJECT
Conduct Feasibility Planning/Engineer
Report to Council on Findings* Planning/Engineer
REVIEW REVENUE STREAMS & EVALUATE FUND CONTRIBUTIONS
Include annual allocation for housing in budget process Finance
Approve fund transfers each year during budget approval Council
PARTICIPATE IN REGIONAL STUDIES, SITE ANALYSIS, FORUMS Planning
CULTIVATE PUBLIC-PRIVATE PARTNERSHIPS Manager
*18 months estimated to select partner(s), entitlements, financing, and construction.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
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 residential 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 attainable units,
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 C: AVON COMMUNITY HOUSING PLAN
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 $184,00
0
$307,00
0
$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 at 30% of their monthly income. HOA, property
taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes
an interest rate of 5%, 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 C: AVON COMMUNITY HOUSING PLAN
(14)The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade
under the Internal Revenue Code wherein the interim owner acquires property for the sole
purpose of reselling that property as part of a qualified exchange and the property is resold
within twenty-four (24) months after the first transfer. In these cases, the first transfer of title
is subject to the real property transfer tax and the subsequent transfer will only be exempt
as long as a transfer tax has been paid in connection with the first transfer of such residence
in such exchange. In the event the consideration for the subsequent transfer is greater than
the consideration for the first transfer, transfer tax shall be due on such increased amount
of consideration.
(14(15) Any sale or conveyance of real property or improvements for the purpose of
constructing or otherwise providing low or moderately priced housing units for sale or
lease to low or moderate income personsCommunity Housing as defined in Chapter
3.14; provided, that the parties to the transaction shall apply to the Town ManagerCouncil
for the exemption prior to the occurrence of the transaction from which exemption is sought,
in accordance with Chapter 3.14 Community Housing Incentives and that the
partiesproperty shall agreebe subject to appropriately restrict the future use of the
property to low and moderately priced housing units by recorded agreement,a deed
restriction, covenants, declarations or similar instruments as may be required by that
protects and maintains the Community Housing for the benefit of the Town Manager; ;
(15)(16) Transfers of Community Housing subject to a deed restriction to qualified
purchasers provided that the deed restriction that protects and maintains such Community
Housing for the benefit of the Town is in compliance with all terms and conditions.
(17)The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided the following conditions are met:
a.The same applicant has not previously received an exemption pursuant to this
subsection;
b.An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1.An affidavit that the real property is being purchased for use as a primary residence and
not for investment or resale (provided that a co-signor shall not disqualify the exemption for
the applicant where the co-signor is signing for the sole purpose of facilitating the financing
qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not
a co-purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record.
ATTACHMENT D: REDLINE of Code Amendments
c.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(1618) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided that the following conditions are met:
a.The applicant previously received a primary residence exemption pursuant to Section
3.12.060(1517) and the applicant has satisfied the conditions of subsection (1517)b.1. and
2. of Section 3.12.060; and
b.An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1.An affidavit that the applicant's current primary residence used to satisfy the
requirements of Section 3.12.060(1517) is within the town; that the applicant meets the
definition of an Eagle County employee; that the real property is being purchased for use as
a new primary residence and not for investment or resale (provided that a co-signor shall
not disqualify the exemption for the applicant where the co-signor is signing for the sole
purpose of facilitating the financing qualifications of the applicant/primary resident and signs
an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event that the applicant shall
fail to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence or shall cease to meet the definition of an Eagle
County employee within one (1) year after closing and granting to the town a lien securing
such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of
record; and
c.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(17)(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred
twenty thousand dollars ($320,000.00)] of the consideration paid after the first one hundred
and sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or
(18)above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a.An application for exemption is filed with the Finance Department, which application
is accompanied by:
1.An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant where
the co-signor is signing for the sole purpose of facilitating the financing qualifications of the
applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes); and
ATTACHMENT D: REDLINE of Code Amendments
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record; and
3.The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)]; and,
4.The total additional consideration that is exempt pursuant to this Section
3.12.060(19) and either Section 3.12.060(17) or (18) does not exceed one half of the entire
consideration paid for the transfer.
b.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade under
the Internal Revenue Code wherein the interim owner acquires property for the sole purpose
of reselling that property as part of a qualified exchange and the property is resold within
twenty-four (24) months after the first transfer. In these cases, the first transfer of title is
subject to the real property transfer tax and the subsequent transfer will only be exempt as
long as a transfer tax has been paid in connection with the first transfer of such residence in
such exchange. In the event the consideration for the subsequent transfer is greater than
the consideration for the first transfer, transfer tax shall be due on such increased amount
of consideration.
ATTACHMENT D: REDLINE of Code Amendments
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Acting Town Manager
Date: November 13, 2018
Topic: REVIEW AND ACTION ON PROPOSED UPDATE TO CC4CA POLICY AGENDA
ACTION BEFORE COUNCIL:
Council is asked to review and take action on the proposed update to the “solid waste reduction” section
of the Colorado Communities for Climate Action (CC4CA) Policy Agenda.
RECOMMENDED MOTION:
“I move to support the proposed update to the “solid waste reduction” section of the CC4CA Policy
Agenda 2018‐2019.”
SUMMARY:
At the November 13, 2018 Council meeting, Council approved a motion to support the CC4CA Policy
Agenda 2018‐2019. Recently, CC4CA has reached out to every one of CC4CA's member jurisdictions to ask
about a potential update to CC4CA's Policy Agenda, specifically to expand the “solid waste reduction”
section by adding the following items:
1. Create new task forces, staffed positions, programs and initiatives, and/or other entities to
support and improve solid waste diversion efforts in the state and to improve funding and
technical assistance for such efforts.
2. Create new task forces, staffed positions, and/or statewide initiatives to support the expansion of
recycling businesses in Colorado.
3. Allow local governments to regulate disposable plastic waste (which they are currently
preempted from doing by the State of Colorado).
4. Require or incentivize state agencies to improve their recycling, composting, and other solid
waste reduction efforts.
Currently, there is a provision in state law that some believe preempts local governments from
establishing requirements related to container types for food and other consumer products. While a
number of communities have adopted such restrictions, the meaning and scope of this preemption clause
hasn’t been litigated yet in a way that provides a clear answer. The Colorado Municipal League is among
those leading an effort to pass a bill this session addressing that language. It would supersede the
preemption language and clearly allow a local government to set standards for disposable plastic waste
(e.g., a retail food establishment's use of ready‐to‐eat food containers, such as those made from
Styrofoam).
If all CC4CA members indicate that they are fine with the proposed update to the Policy Agenda, CC4CA
will join CML and others in working to pass this legislation.
ATTACHMENT:
CC4CA Policy Agenda 2018‐2019
CC4CA Policy Agenda 2018-2019
Colorado Communities for Climate Action is a coalition of local governments
advocating for policies that protect Colorado’s climate for current and future
generations. CC4CA’s policy priorities for 2018-2019 reflect unanimous agreement
among the coalition members on steps that should be taken at the state and federal
level, often in partnership with local governments, to enable Colorado and its
communities to lead in protecting the climate. These steps would complement the
strong local climate actions CC4CA members already have underway.
General Policy Principles
These general principles guide the specific policies for which Colorado Communities
for Climate Action advocates:
CC4CA supports collaboration between state and federal government agencies and
Colorado’s local governments to advance local climate protection.
CC4CA supports state and federal programs to reduce carbon pollution, including
adequate and ongoing funding of those programs.
CC4CA supports analyses, financial incentives, and enabling policies for the
development and deployment of clean energy technologies.
CC4CA supports locally driven, locally designed programs to support communities
impacted by the clean energy transformation.
Policy Positions
Colorado Communities for Climate Action supports the following policy positions:
Local Climate Programs
1. Supports state-level actions to remove barriers and promote opportunities
that allow counties and municipalities to maximize the deployment of local
clean energy options.
The deployment of local energy generation and technology will continue to be a
critical component of Colorado communities’ climate efforts. In many cases,
regulatory or legislative limitations exist that will need to be removed for
communities to fully explore new local program options and technologies that can
effectively reduce fossil fuel use, increase energy resilience, and support community
values related to climate protection. For example, the integration of local renewable
energy, storage technologies, and microgrids all support a local jurisdiction’s ability
to address the supply side of energy-related emissions.
2
2. Supports requiring local governments with adopted building codes to
include the most current or appropriate International Energy Conservation
Code, or provisions substantially similar to it, in their building codes and to
develop a process for updating the energy code on a regular basis.
More than 40 percent of the energy consumed in the United States is tied to the use
of buildings. Building codes, consequently, are among the most powerful tools
available for reducing carbon pollution (and, not incidentally, saving money in both
residential and commercial buildings). For instance, the Southwest Energy
Efficiency Project estimates the incremental cost for constructing a new home to
meet the 2015 IECC versus the 2006 IECC is about $2,400; with annual energy
savings of $390, this efficiency upgrade results in a six-year simple payback.
While some jurisdictions across Colorado are keeping up with changes to the
International Energy Conservation Code, many communities have not done so.
CC4CA supports the adoption of the most current IECC or amendments to older
codes that have comparable energy efficiency and consumption impacts.
3. Supports state government actions to enable local governments to obtain
the energy use and other data they need to effectively address climate change.
Local governments need convenient and consistent access to data that is essential
for developing and administering local programs that address clean and efficient
energy and reductions in heat-trapping emissions. For example, access to uniform
data from electric and gas utilities is critical for implementing building energy use
disclosure and benchmarking programs designed to make sure building owners,
tenants, and others can be fully informed about energy performance. Local
governments also struggle to get consistent data regarding waste collection and
disposal, oil and gas operations, and other sources of heat-trapping emissions.
CC4CA supports state government actions and policies that lead to uniform systems
for collection and distribution of data from investor-owned and public utilities that
is easily accessible to local governments, while still protective of data privacy for
residents and businesses.
State Climate-Specific Programs
4. Supports statutory codification of aggressive and enforceable goals to
reduce net statewide heat-trapping emissions, including the goal of reducing
emissions by more than 26 percent by 2025, compared to 2005 levels, as
established by Governor John Hickenlooper through executive order, and
including a further goal of reducing emissions by at least 80 percent by 2050,
compared to 2005 levels.
In July 2017, Governor Hickenlooper issued Executive Order D 2017-015. Among
other provisions, it set an official state goal of reducing statewide carbon pollution
3
by more than 26 percent by 2025, compared to 2005 levels. CC4CA applauded the
governor for his action, which provides an essential framework for shaping climate
protection actions in Colorado. Meeting this goal would mean that Colorado
achieved its share of the national commitment the United States made under the
Paris Agreement.
CC4CA also supports an additional goal of reducing emissions by at least 80 percent
by 2050, building on the goal established in 2008 by then-governor Bill Ritter, Jr. in
Executive Order D 004 08. Meeting this goal would mean that Colorado achieved its
share of the global emission reductions scientists say must be achieved or exceeded
to protect the climate from dangerous human interference.
CC4CA supports the codification of the state’s emission reduction goals in statute, as
other states have done, so that they remain the cornerstone of state climate
protection actions over time, including following transitions from one governor to
another.
5. Supports legislative, regulatory, and administrative actions by the Colorado
state government to achieve the state’s emission reduction goals and to
implement the Colorado Climate Plan, and requests an opportunity for
meaningful, sustained engagement by CC4CA in developing those specific
steps.
In order to meet the emission reduction goals established by Governor
Hickenlooper and to implement the governor’s 2015 Colorado Climate Plan, the
state will need to take additional action. The Colorado Climate Plan is a high-level
overview document of state actions for adapting to future climate change impacts
and reducing carbon pollution. CC4CA believes it essential that the state government
provide an opportunity for meaningful, sustained collaboration with local
governments in developing specific climate actions tied to this climate plan, and
proposes that representatives of CC4CA be included in that process. Following the
July 2017 release of Governor Hickenlooper’s executive order, CC4CA initiated a
letter to the governor through which 75 local elected officials expressed support for
the executive order and its goals and stated their readiness and willingness to help
his administration shape and implement concrete, measurable actions that will be
needed to meet these goals.
6. Supports the development of a new forecast of future heat-trapping
emissions reflecting Colorado laws and Colorado-specific information by the
Colorado Department of Public Health and Environment, with input from local
government and other stakeholders.
The “Colorado Greenhouse Gas Inventory: 2014 Update Including Projections to
2020 & 2030,” prepared by the Colorado Department of Public Health and
Environment, includes a forecast of statewide emissions that utilizes federal
Environmental Protection Agency nationwide assumptions about future emissions
4
policies. As a result, the inventory does not reflect currently adopted Colorado laws
and policies, such as our Renewable Energy Standard. Without this information, it is
impossible to ascertain what progress Colorado is making (or not) in its effort to
reduce carbon pollution. CC4CA in July 2017 sent a letter to CDPHE recommending
the development of a new Colorado inventory of greenhouse gas emissions that
incorporates existing Colorado law and policy in order to more accurately track the
state’s progress in achieving its emissions reduction goals, and will continue
working for that action.
7. Supports a comprehensive market-based policy to reduce Colorado’s heat-
trapping emissions.
Climate change is considered a market failure by economists because it imposes
huge costs on society—so-called external costs—that are not normally reflected in
the prices of the goods and services causing the cost. To overcome this market
failure, CC4CA supports an effort to internalize the costs by putting a price on heat-
trapping emissions and allowing that price to help drive emission reductions. Such a
market-based approach could be undertaken at national, regional, or state levels,
and could take different forms. One approach would be a tax on greenhouse gas
emissions. Another would be a cap-and-trade program that allows trading of limited
emission rights that are sold and then could be traded to achieve economically
efficient emission reductions. Examples include the Regional Greenhouse Gas
Initiative covering ten northeastern U.S. states and California’s statewide cap-and-
trade program.
Electricity Generation
8. Supports concrete state government actions to reduce emissions from the
electricity sector in Colorado by at least 25 percent by 2025 and at least 35
percent by 2030, compared to 2012 levels, consistent with the goals
established by Governor John Hickenlooper through executive order.
Executive Order D 2017-015 established new state goals for reducing emissions
from the electricity sector that are consistent with what Colorado was considering
to comply with the U.S. Environmental Protection Agency’s Clean Power Plan under
the Obama administration. CC4CA believes that greater emission reductions are
possible than called for in the executive order and that further reductions are
needed into mid-century, especially given the more ambitious targets that Xcel
Energy has identified as achievable in its Colorado Energy Plan currently under
consideration by the Public Utilities Commission. CC4CA supports concrete actions
by the Colorado Public Utilities Commission and the Colorado Department of Public
Health and Environment to ensure that we achieve and exceed these goals.
9. Supports the accelerated retirement of existing fossil fuel based generation
facilities and their replacement with cost-effective and reliable clean energy
supplies, through means that protect both utilities and consumers.
5
CC4CA supports actions in Colorado to enable the early retirement of fossil fuel-
based power plants and their replacement with clean energy sources, while
protecting the economic interests of both the utilities owning the power plants and
electricity customers.
CC4CA has previously supported legislation to allow refinancing of older, less
efficient power plants, by way of ratepayer-backed bonding, that could make it
possible to retire those plants in favor of newer, cleaner sources while protecting
the economic interests of both utilities and consumers. In August 2017, Xcel Energy
and more than a dozen other entities (including the City of Boulder, a CC4CA
member) announced an agreement to seek approval from the Public Utilities
Commission of a proposal to retire two old, coal-fired generators at the Comanche
power plant in Pueblo, to be replaced with newer energy sources with lower (or no)
heat-trapping emissions. The coalition said the proposal is predicated on the cost of
the new energy sources meeting or beating the current cost of power from the
power plants to be retired.
Across the nation, the generation of electricity is rapidly shifting from coal-fired
power plants to less polluting plants, driven primarily by economic forces but
sometimes also by governmental policies and actions, from climate action plans to
new authority for refinancing existing plants. The shift to cleaner electricity
generation is driving down greenhouse gas emissions from that sector and holding
down overall national emissions.
10. Supports expanded ability of electric cooperatives to independently
purchase local renewable electricity.
Tri-State Generation and Transmission Association has tried to prevent its customer
electric cooperatives from purchasing electricity generated from local renewable
sources by other suppliers, both directly through attempts to impose contractual
limitations and indirectly through attempts to impose fees. In decisions involving
Tri-State and Delta Montrose Electric Association, the Federal Energy Regulatory
Commission has found these attempts to be in violation of the Public Utilities
Regulatory Policy Act, which actually requires a coop to purchase such electricity,
and has blocked Tri-State from preventing those purchases. CC4CA supports the
ability of electric cooperatives to purchase non-polluting electricity free from these
or any similar limitations.
11. Supports state legislation to incrementally increase the Renewable Energy
Standard.
Colorado’s current Renewable Energy Standard requires electricity providers to
obtain these minimum percentages of their power from renewable energy sources:
• Investor-owned utilities: 30 percent by 2020, of which 3 percent must come
from distributed energy resources.
6
• Large rural electric cooperatives: 20 percent by 2020.
• Municipal utilities and small rural electric cooperatives: 10 percent by 2020.
This standard has been one of the most effective state policies in facilitating the
transition from carbon-intensive fossil fuel electricity sources to renewable sources,
and CC4CA supports giving consideration to incrementally increasing the standard
for all three types of utilities.
12. Supports state legislation to require the Public Utilities Commission to
consider all environmental and health costs of the fuels used by investor-
owned utilities to generate electricity.
Electric utilities should be required to include the costs of carbon pollution when
developing their long-term integrated resource plans, as would have been required
under a bill considered in the 2016 session of the Colorado General Assembly. The
“social cost of carbon” is the economic cost of the impacts of carbon pollution, which
can be used to compare the overall costs and benefits of alternative energy sources.
Legislation requiring utilities to generate at least one scenario identifying the
impacts of carbon pollution would enable utilities, regulators, ratepayers, and
others to better understand the true costs of different choices for electricity
generation.
13. Supports grid modernization policies and funding that support distributed
generation, energy storage, high levels of renewable energy generation
(distributed and utility-scale), and appropriate technologies.
A wide array of grid modernization policies and actions are available to utilities that
can reduce energy consumption, better align availability of electricity to demand,
expand renewable energy generation, and collectively reduce carbon pollution from
the power generation sector (while also improving reliability and reducing cost).
CC4CA supports policies and funding that result in these types of grid
modernization efforts in Colorado.
Net metering is one example of a policy structure that can result in reduced
greenhouse gas emissions, greater reliability for individual energy users and across
the grid, improved grid resilience, and reduced cost for both utilities and electricity
consumers. Colorado’s current net metering policies allow electric customers who
invest in distributed energy technologies to net their solar energy production
against their consumption. Available in at least 40 states, this simple billing
arrangement is one of the most important policies for encouraging rooftop solar and
other on-site clean energy options. Net metering also helps foster the voluntary
reduction of heat-trapping emissions, contributes to the reliability of the electricity
supply and distribution systems, supports the residential and small-commercial
renewable energy industry, and helps to more quickly replace coal-fired power
plants with cleaner sources of energy. In recent years utilities have sought approval
7
from regulatory bodies in many states to either abandon or reduce net metering
rates.
CC4CA supports grid modernization policies like these and opposes efforts to
weaken or eliminate them where they already exist.
Energy Efficiency
14. Supports legislative, regulatory, and administrative actions for electric
utilities to achieve energy efficiency savings of 2 percent per year beyond
2020, building on the 2020 goal established by Governor Hickenlooper
through executive order. Municipal and cooperative utilities should also adopt
and achieve similar efficiency targets.
In the 2017 session of the Colorado General Assembly, CC4CA supported HB 17-
1227, which was enacted to extend an existing law requiring regulated utilities to
achieve electricity savings of five percent of retail sales from 2018–2028. Colorado
utilities have already demonstrated that they can readily exceed this modest goal.
The Southwest Energy Efficiency Project reports that from 2008–16 Xcel Energy and
Black Hills Energy achieved ten percent savings, well over one percent per year,
with an overall benefit-to-cost ratio of more than two-to-one. Colorado households
and businesses saved nearly $1.4 billion net over that time period. Governor
Hickenlooper’s Executive Order D 2017-015 set a new goal to achieve two percent
per year energy efficiency by 2020, which is readily achievable and should be
extended beyond that date.
15. Supports ongoing and sustainable funding for the Weatherization
Assistance Program.
Low-income and vulnerable households spend a disproportionately large
percentage of their income on energy utility bills. The federal Weatherization
Assistance Program was created in 1976 to address this problem. Administered
here by the Colorado Energy Office, WAP provides funding to locally administered
home weatherization programs to provide free weatherization services to
Colorado’s low-income residents in order to improve the energy efficiency of their
homes. Colorado supplements its annual federal WAP allocation with state
severance tax dollars, both of which can be volatile sources of revenue. A stable
revenue stream for Colorado’s eight WAP programs would support the dual goals of
assisting families in reducing their energy bills while promoting safe, comfortable,
and energy-efficient housing.
8
16. Supports state enabling legislation to provide counties and statutory cities
and towns with the same authority held by home rule cities to implement local
energy conservation policies and programs.
Unlike their home rule municipal peers, Colorado counties and statutory cities and
towns in many cases lack authority to adopt and implement energy conservation
policies and programs. For example, only Colorado home rule cities have statutory
authorization to enact energy conservation ordinances despite how effective they
are for improving the energy efficiency and performance of existing residential and
commercial buildings. Enabling legislation is needed to provide Colorado’s counties
and statutory cities and towns with the authority necessary to enact policies and
programs that can support and promote energy conservation within their
jurisdictions.
Transportation
17. Supports Colorado’s adoption of motor vehicle emission standards,
including requirements for low-emission and zero-emission vehicles, and
collaborative efforts for effective implementation, that are equal to or exceed
those already adopted by California.
The federal Clean Air Act provides authority for California to adopt its own stringent
emissions standards for new motor vehicles and for other states to adopt the
California standards. Twelve states plus Washington, D.C. have adopted California’s
basic emission standards. These states represent about 35 percent of the nation’s
population and the same share of new motor vehicle sales. Nine of these states have
also adopted the additional California standards requiring manufacturers to achieve
specified sales of zero tailpipe-emission vehicles (i.e., battery-only electric vehicles).
California’s vehicle standards have enjoyed unusual bipartisan support, including
among Colorado’s congressional delegation, both as an example of cooperative
federalism among federal and state governments and as important for protecting
the climate. A June 2017 letter to the Administrator of the U.S. Environmental
Protection Agency supporting continuation of the EPA waivers under the Clean Air
Act for the California standards was signed by Rep. Mike Coffman, Republican of
Colorado, and Rep. Jared Polis, Democrat of Colorado, along with other Members of
Congress from both parties.
In recent years, the basic California standards have been synchronized with federal
emission and fuel efficiency standards. However, the Trump administration is now
planning to weaken the federal standards, which would dramatically undermine
Colorado’s efforts to meet our statewide carbon pollution goals. Reducing emissions
from the transportation sector, which has become the sector responsible for the
largest share of greenhouse gases, has to be a centerpiece of climate action in the
state.
9
At the urging of a wide range of interests across the state, including CC4CA,
Governor Hickenlooper’s June 2018 executive order (B 2018 006) directs the
Colorado Department of Public Health and Environment to develop an advanced
clean car standards rule and formally propose adoption of this rule by the Colorado
Air Quality Control Commission. CC4CA supports Colorado adopting the California
vehicle standards, including the so-called ZEV (zero-emissions vehicle) standards,
and CC4CA supports the kinds of flexible approaches to implementing the ZEV
standard here in Colorado that we have seen adopted in other ZEV states.
18. Supports implementation of the Colorado Electric Vehicle Plan, including
new state government actions to accelerate the purchase and use of zero
emission vehicles.
Nationally, transportation has become the sector responsible for the most carbon
pollution. Colorado’s recent population growth has led to a commensurate increase
in vehicle miles traveled, which has overtaken the emissions reductions made
possible through the increasing fuel efficiency of the statewide vehicle fleet.
Electrification of light- and heavy-duty vehicles, as well as other emerging zero-
emissions technologies, holds perhaps the greatest promise for emissions
reductions in this sector. CC4CA supports legislative, regulatory, and administrative
action to increase the adoption of electric vehicles by investing in electric vehicle
charging stations, educating customers about EVs, and providing customer
incentives. CC4CA also supports the current plan to commit a portion of Colorado’s
share of the Volkswagen emissions control violations settlement to the construction
of electric vehicle charging infrastructure across Colorado, and adoption of the
California motor vehicle emission standards (see #17 above), including their
provisions on sales of zero-emission vehicles.
Fossil Fuel Extraction Activities
19. Supports legislative, administrative, and regulatory actions to expand the
monitoring of and reduce the full life cycle emissions from fossil fuel
extractive industry activities.
The mining and extraction of fossil fuels can result in significant levels of carbon
pollution. One primary culprit is methane. Methane has a shorter-lived but much
more potent heat-trapping effect than carbon dioxide; thus, reducing methane
emissions is a highly effective way to buy time to implement more comprehensive
actions to reduce industry-wide carbon dioxide emissions. As one example, in 2014
Colorado adopted rules to limit methane emissions from oil and gas operations by
requiring oil and gas companies to find and fix methane leaks in its extraction and
delivery infrastructure. The rules also require industry to capture methane and
volatile organic compounds, both of which contribute to ground-level ozone
pollution.
10
CC4CA supports legislative, administrative, and regulatory actions like these to
reduce greenhouse gas emissions throughout the entire extraction and
transportation processes involving raw fossil fuels. CC4CA also supports expanded
monitoring of the full life cycle emissions from these activities.
Solid Waste Reduction
20. Supports adoption and implementation of a plan by the Colorado
Department of Public Health and Environment to achieve the statewide waste
diversion goals established by the Solid and Hazardous Waste Commission.
Recycling and composting reduce emissions of both methane and carbon dioxide.
Colorado has a low solid waste diversion rate of 19 percent, compared with the
national average of 34 percent. In August 2017, the Colorado Solid and Hazardous
Waste Commission adopted new statewide and regional municipal solid waste
diversion goals, including separate goals for 11 Front Range counties and for the
remainder of the state for the years 2021, 2026, and 2036. Statewide, the goal is to
increase the diversion rate to 45 percent by 2036. CC4CA supports CDPHE’s efforts
to increase solid waste diversion rates.
General
21. Supports the protections and authorities currently provided under
environmental laws like the Clean Air Act and the Clean Water Act.
Protecting Colorado’s air, water, and land is vital to its environment, economy, and
people. The protections and authorities afforded by landmark federal laws such as
the Clean Air Act and Clean Water Act are foundational to the fight against climate
change. For example, the 2007 ruling by the U.S. Supreme Court that heat trapping
emissions are air pollutants and thus subject to regulation under the Clean Air Act,
and the subsequent 2009 U.S. Environmental Protection Agency endangerment
finding that indeed, heat trapping emissions present a danger to public health,
obligate our federal government to utilize the protections provided by the Clean Air
Act to take action to limit emissions. Local governments rely on these protections
and can be critical allies in this effort, as scores of communities across Colorado
already are implementing a broad array of initiatives to advance climate protection
at the local level, and often doing so in collaboration with the state and federal
governments. But we know more must be done. CC4CA communities support the
protections and authorities provided under the body of existing environmental law,
including the Clean Air Act and Clean Water Act, and will strongly oppose legislative,
regulatory, and other efforts to roll back or diminish them.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 1
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 5:01 p.m. A roll call was taken, and Council members
present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra N. Underwood and Jake Wolf.
Also present were Acting Town Manager Preston Neill, Town Attorney Eric Heil, Police Chief Greg Daly,
Finance Director Scott Wright, Planning Director Matt Pielsticker, Human Resources Director Lance Richards,
Town Engineer Justin Hildreth and Acting Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Councilor Fancher requested the addition of an action item, specifically a motion to put the Hahnewald Barn
Project to a vote by way of a special election or polling of all registered voters in the Town of Avon. Council
agreed to add the item to the agenda as item 7.4. Mayor Pro Tem Phillips requested written report 10.1 be
discussed in conjunction with the survey question item. Councilor Underwood requested to discuss written
reports 10.3 and 10.6. Councilor Fancher made a motion to approve the agenda with the requested
changes. Councilor Underwood seconded the motion and the motion passed unanimously.
3. PUBLIC COMMENT
Michael Cacioppo commented on the new Town Hall. Kathy Ryan expressed concern about floral growth at
the bottom of Nottingham Lake. Tom Ruemmler commented on the Town's Real Estate Transfer Tax.
4. PRESENTATIONS
4.1. NORTHWEST COLORADO SMALL BUSINESS DEVELOPMENT CENTER
(LYNDSEY BROZYNA, NORTHWEST SBDC REGIONAL DIRECTOR)
Lyndsey Brozyna, Acting Regional Director of the Northwest Colorado Small Business Development
Center (Northwest SBDC), gave a presentation to Council about Northwest SBDC.
4.2. COLORADO CITY & COUNTY MANAGEMENT ASSOCIATION 2018 ASSISTANT OF THE YEAR AWARD
(TIM GAGEN, CCCMA SENIOR ADVISOR)
Tim Gagen, CCCMA Senior Advisor, presented the CCCMA 2018 Assistant of the Year Award to
Preston Neill, Acting Town Manager.
4.3. SWEARING IN OF PATROL OFFICER ALAN HERNANDEZ (POLICE CHIEF GREG DALY)
Alan Hernandez‐Martinez took his oath as Avon’s newest Police Officer.
4.4. ADDED ACTION ITEM HAHNEWALD BERN PROJECT VOTE
Tom Ruemmler, Kathy Ryan, Pam Warren, Marty Golembiewski, Jason Denhardt, Buz Ditier, Jack
Gardner, Chuck Bunting, Peter Warren, Chadd Ziegler, Michael Cacioppo and Greg Loshak
commented on this item. Councilor Wolf made a motion "to stop spending any money on the Barn
until a real vote, conducted by the County, in conjunction with our Town, is sent out to the people
with signature verification, the envelopes, and the real check and balance that we deserve as the
people of this Town." Councilor Thuon seconded the motion. Councilor Wolf amended his motion
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 2
by moving to "stop spending any money on this Barn from this point forward until a vote of the
public, that can be signature certified, is cast." Councilor Thuon seconded the motion. Town
Attorney Eric Heil attempted to interpret Councilor Wolf's motion by summarizing that he made a
motion to "hold a special election on the Barn, not to spend any more money on the project,
except the cost associated with a special election." Councilor Wolf confirmed Attorney Heil's
interpretation. Councilor Thuon seconded the interpreted motion. The motion failed on a vote of
3 to 4. Councilor Fancher, Mayor Pro Tem Phillips, Councilor Underwood and Mayor Smith Hymes
voted no. Councilor Fancher made a motion to have an "unofficial election or survey vote with the
language that has been presented, get any input that we can, and complete in as timely a fashion
as possible with the intent to get the results back by March 27th." Councilor Fancher added to her
motion that she would like to see secrecy sleeves used, as well as signature verification, and the
expectation is that all members of Council will respect the outcome of the vote. Moreover, the
ballots should go out to all registered voters. Councilor Prince seconded the motion. The motion
passed on a vote of 6 to 1. Councilor Underwood voted no.
5. WORK SESSION
5.1. OVERVIEW OF COUNCIL PROCEDURES (TOWN ATTORNEY ERIC HEIL)
Eric Heil, Town Attorney, provided a brief overview of Council procedures, including the Avon
Home Rule Charter and the Avon Town Council Simplified Rules of Order.
6. ACTION ITEMS
6.1. PUBLIC HEARING MAJOR DEVELOPMENT PLAN FOR TWO DUPLEXES ON LOT 5, RIVERFRONT SUBDIVISION
(PLANNING DIRECTOR MATT PIELSTICKER)
Councilor Prince, Councilor Fancher, and Councilor Thuon recused themselves from the item.
Councilor Underwood moved to waive Councilor Thuon's conflict of interest. Mayor Pro Tem
Phillips seconded the motion and the motion passed on a vote of 4 to 0. Councilor Thuon,
Councilor Prince and Councilor Fancher did not vote. Councilor Underwood moved to waive
Mayor Pro Tem Phillips' conflict of interest. Councilor Thuon seconded the motion and the motion
passed on a vote of 4 to 0. Mayor Pro Tem Phillips, Councilor Prince and Councilor Fancher did not
vote. Mayor Smith Hymes opened up the public hearing and no comments were made. Councilor
Underwood moved to approve "the application for the Major Design and Development Plan for
Lot 5 Riverfront Subdivision, as presented tonight, and including conditions as recommended by
staff, insomuch as we have determined that it satisfies the findings required by the Development
Code of Avon”. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5
to 0. Councilor Prince and Councilor Fancher did not vote on the item since they had recused
themselves.
6.2. FIRST READING ORDINANCE 19‐01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX
EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS (TOWN ATTORNEY ERIC HEIL)
Various comments were made on the ordinance. Mayor Smith Hymes opened it up for public
comment. Betty Todd commented on this item. Mayor Pro Tem Phillips moved to continue this
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 3
item to March 12, 2019 Council meeting. Councilor Fancher seconded the motion and the motion
passed unanimously.
6.3. RESOLUTION 19‐05 APPROVING A CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE
(ACTING TOWN MANAGER PRESTON NEILL)
Councilor Underwood asked for "the implementation of" in provision 1(a) of "Exhibit A: Cultural,
Arts and Special Events Committee Authority and Procedures" to be deleted. Councilor Prince
moved to approve, including the modification provided by Councilor Underwood, Resolution
19‐05 approving a Cultural, Arts and Special Events Committee. Councilor Fancher seconded the
motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no.
6.4. FIRST READING ORDINANCE 19‐02 AMENDING CHAPTER 3.08 SALES TAX AND ENACTING CHAPTER 3.10
CIGARETTE EXCISE TAX (TOWN ATTORNEY ERIC HEIL)
Councilor Prince moved to approve on first reading Ordinance No. 19‐02 Amending Chapter 3.08
Sales Tax and Enacting Chapter 3.10 Cigarette Excise Tax. Councilor Fancher seconded the motion
and the motion passed unanimously.
6.5. APPROVAL OF MINUTES FROM FEBRUARY 12, 2019 REGULAR COUNCIL MEETING
(ACTING TOWN CLERK BRENDA TORRES)
Councilor Underwood provided minor edits to the minutes. Councilor Fancher moved to approve
the minutes from the February 12, 2019 Regular Council Meeting with the edits provided.
Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 1. Councilor
Wolf voted no.
6.6. APPROVAL OF MINUTES FORM FEBRUARY 19, 2019 SPECIAL COUNCIL MEETING
(ACTING TOWN MANAGER PRESTON NEILL)
Councilor Wolf moved to approve the minutes from the February 19, 2019 Special Council
Meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 0.
Councilor Underwood and Councilor Thuon abstained from the vote.
7. WRITTEN REPORTS
7.1. UPDATE ON PHASE I HAHNEWALD BARN PROJECT (TOWN STAFF)
The "Update on Phase 1 Hahnewald Barn Update" written report was discussed by Council.
Councilor Prince made a motion to direct staff to issue an RFP for barn moving services.
Councilor Wolf seconded the motion and the motion passed on a vote of 6 to 1. Councilor
Underwood voted no.
7.2. POLICE DEPARTMENT DISPOSITION ON FORFEITED PROPERTIES FOR 2018 (POLICE CHIEF GREG DALY)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 4
7.3. UPDATE ON BEAVER CREEK BOULEVARD STREETSCAPE PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Councilor Underwood had some comments and questions related to this report.
7.4. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7.5. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST RELATED TO AVON PERFORMANCE PAVILION
(TOWN ATTORNEY ERIC HEIL)
Councilor Wolf made a comment on this written report. Councilor Underwood moved to waive
Amy Phillips' conflict of interest related to the Avon Performance Pavilion. No second was
received.
7.6. TOWN OF AVON NEWSLETTER (ACTING TOWN MANAGER PRESTON NEILL)
Council provided direction to prepare and distribute a quarterly newsletter.
7.7. ABSTRACT FROM FEBRUARY 19, 2019 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Councilor Fancher mentioned the upcoming Polar Plunge event on March 30th. She requested that it be
highlighted during the March 12th Council meeting. She recognized the success of the Avon Rec Center
swim team, the Narwhals. She asked that the team be recognized at a future Council meeting. She also
asked for staff to meet with Kathy Ryan about her concern about Nottingham Lake. She asked for the
recently completed Fiscal Analysis to be sent to Tom Ruemmler. The Fiscal Analysis compares the
Town of Avon's revenue structure, budget, and services to other peer communities, and assesses the
Town's real estate transfer tax impacts. She asked for the topic of community outreach to be discussed
in more detail at a future Council meeting.
Councilor Thuon said he was approached by Donna Lang, an Avon business owner who expressed that
she's interested in purchasing Rec Center memberships for her 12 employees. She does not want to
pay the out‐of‐town rate and has inquired about paying the resident rate for those memberships.
Councilor Wolf asked for future agenda items to be identified at the bottom of each Regular Council
meeting agenda.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 5
9. ADJOURNMENT
There being no further business to come before the Council, Councilor Wolf moved to adjourn the regular
meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by Council
members present. The time was 10:23 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to
include each statement, person speaking or to portray with complete accuracy. The most accurate records of the
meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is
available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Brenda Torres, Acting Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra N. Underwood ________________________________
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 2/26/2019 Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Smith Hymes called the meeting to order at 9:00 a.m. A roll call was taken and Council
members present were Amy Phillips, Jennie Fancher, Scott Prince and Tamra Nottingham Underwood.
Chico Thuon and Jake Wolf were absent. Also present were Acting Town Manager Preston Neill,
Human Resources Director Lance Richards, and Assistant Town Manager/Finance Director Scott
Wright.
2. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) CONCERNING TOWN MANAGER CANDIDATES.
Mayor Smith Hymes made a motion to convene into Executive Session for the purpose of determining
positions relative to matters that may be subject to negotiations, developing strategy for negotiations,
and/or instructing negotiators, under C.R.S. §24‐6‐402(2)(e) concerning Town Manager candidates. Mayor
Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members present.
Councilor Thuon and Councilor Wolf were absent. The time was 9:02 a.m.
Executive Session ended at 9:59 a.m.
3. ADJOURNMENT
There being no further business to come before the Council, Mayor Pro Tem Phillips made a motion to
adjourn the meeting. Councilor Underwood seconded the motion and the motion passed unanimously by
Council members present. Councilor Thuon and Councilor Wolf were absent. The time was 10:00 a.m.
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 2/26/2019 Page 2
RESPECTFULLY SUBMITTED:
_________________________________
Preston Neill, Acting Town Manager
APPROVED:
Sarah Smith Hymes ________________________________
Amy Phillips ________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Tamra N. Underwood ________________________________
Scott Prince ________________________________
Jennie Fancher ________________________________
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR TUESDAY, FEBRUARY 27, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 2/26/2019 Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Smith Hymes called the meeting to order at 9:00 a.m. A roll call was taken and Council
members present were Amy Phillips, Jennie Fancher, Scott Prince and Tamra Nottingham Underwood.
Chico Thuon and Jake Wolf were absent. Also present were Acting Town Manager Preston Neill,
Human Resources Director Lance Richards, and Assistant Town Manager/Finance Director Scott
Wright.
2. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) CONCERNING TOWN MANAGER CANDIDATES.
Mayor Smith Hymes made a motion to convene into Executive Session for the purpose of determining
positions relative to matters that may be subject to negotiations, developing strategy for negotiations,
and/or instructing negotiators, under C.R.S. §24‐6‐402(2)(e) concerning Town Manager candidates. Mayor
Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members present.
Councilor Thuon and Councilor Wolf were absent. The time was 9:01 a.m.
Council took a break from 11:00 a.m. to 2:00 p.m.
Councilor Prince left the meeting at 4:29 p.m.
Executive Session ended at 4:37 p.m.
3. ADJOURNMENT
There being no further business to come before the Council, Councilor Underwood made a motion to
adjourn the meeting. Councilor Fancher seconded the motion and the motion passed unanimously by
Council members present. Councilor Prince, Councilor Thuon and Councilor Wolf were absent. The time was
4:38 p.m.
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR TUESDAY, FEBRUARY 27, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 2/26/2019 Page 2
RESPECTFULLY SUBMITTED:
_________________________________
Preston Neill, Acting Town Manager
APPROVED:
Sarah Smith Hymes ________________________________
Amy Phillips ________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Tamra N. Underwood ________________________________
Scott Prince ________________________________
Jennie Fancher ________________________________
WRITTEN REPORT
To: Mayor Sarah Smith Hymes & Avon Town Council
From: Greg Daly, Chief of Police
Date: March 12, 2019
Topic: 3RD ANNUAL POLAR PLUNGE UPDATE
The Avon Police Department, Town of Avon, Special Olympics Colorado and the Eagle River Fire
Protection District will be hosting the 3rd Annual Polar Plunge on Saturday, March 30th in Nottingham
Lake. The event will take place from 11:00 a.m. to 2:00 p.m. We believe that our event is the coldest in
Colorado. The water temperature last year was 12 degrees. For safety reasons, we had to seriously
evaluate whether we could go ahead but after deliberation with our public safety partners, we did and
yes, it was extremely cold. This year’s event will take place on a later date than last year, March 30th, to
ensure we have perhaps a slightly warmer water, perhaps 13 degrees, to embrace. We collectively
raised approximately $6,000 from last year’s Polar Plunge.
We have advertised our event on Facebook and have challenged fellow law enforcement agencies to
send teams. The link for registering or donating is https://www.classy.org/event/avon‐polar‐plunge‐
presented‐by‐westerra‐credit‐union/e222339.
This event could not happen without the tremendous assistance from the Town of Avon’s Public Works
Department, as well as Special Events and Recreation Center staff. In addition, the rescue swimmers
from the Eagle River Fire Protection District endure the cold temperatures and are in the water for
immediate assistance.
The Avon Police Department has been an avid supporter of Special Olympics Colorado. We have
participated in the Polar Plunge, the Annual Torch Run and multiple Tip‐A‐Cop events over recent years.
We raised approximately $2,200 from the Dueling Blue Plate/ Vin 48 Tip‐A‐Cop event last June. Special
Olympics Coordinator, Officer Al Zepeda and his wife, Kathleen, have attended the Colorado Special
Olympics in Grand Junction and have assisted at the state event. These events would not happen if not
for Officer Al Zepeda’s dedication to this extremely worthy charity. We have many Special Olympians
living in or around Avon and it is with great pride that the men and women of the Avon Police
Department passionately support this cause.
Respectfully Submitted,
Greg Daly
Chief of Police
WRITTEN REPORT
To: Honorable Mayor and Town Council
From: Scott Wright, Asst. Town Manager / Finance Director
Date: March 12, 2019
Agenda: Real Estate Transfer Tax Analysis
Action Before Council
This memo is for information only.
Proposed Motion
N/A
Background
Based upon a request by Councilor Phillips, the Finance Department staff has put together an
analysis of real estate transfer taxes. Below is an analysis of transfer taxes received based on
subdivision where the property was located.
2016 2017 2018
Ascent $96,840.00 $66,684.00 $197,106.00
Avon Crossing 49,774.00 70,892.00 58,684.00
Avon Lake Villas 113,254.00 51,430.00 92,440.00
Balas West 9,000.00 26,300.00 21,370.00
Barrancas 23,630.00 39,770.00 20,280.00
Benchmark at BC 185,072.00 112,623.00 79,966.00
Bridgewater Terr 13,937.00 0.00 24,680.00
Bristol Pines 5,940.00 9,100.00 26,300.00
Brookside 377,616.00 201,120.00 108,000.00
Buck Creek 76,000.00 76,000.00 26,899.88
Canyon Run 64,220.00 74,900.00 98,370.00
Chapel Square 50,062.00 46,160.00 29,000.00
Eaglebend 119,942.00 31,470.00 109,040.00
Grandview 5,400.00 16,100.00 4,868.86
Greenbrier 22,314.60 25,820.00 20,500.00
Lakeside 0.00 0.00 11,460.00
Miscellaneous 512,362.00 303,948.00 297,310.00
Mountain Star 131,080.00 276,800.00 158,100.00
Mountain Villa 0.00 13,400.00 14,650.00
Nottingham Station 0.00 158,500.00 0.00
Orchard 0.00 0.00 10,600.00
Ridgeline 7,740.00 23,000.00 8,300.00
Riverfront 362,720.00 365,994.00 432,350.00
Seasons 34,460.00 85,180.00 27,840.00
Sherwood Meadows 7,900.00 46,610.00 0.00
Sunridge/Liftview 159,014.00 221,936.25 157,341.00
Westgate 0.00 0.00 29,280.00
Wildcat 0.00 11,300.00 0.00
Wildwood 0.00 12,048.00 0.00
Wildridge 463,504.00 728,334.00 713,676.00
Wyndham 639,419.97 1,121,123.29 535,275.40
Total RETT $3,531,201.57 $4,216,542.54 $3,313,687.14
Total Exemptions $ 181,380.00 $ 245,172.25 $ 166,852.00
In addition, an analysis has been prepared that indicates the purchasers address for 2018
transactions.
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
30.00%
35.00%
40.00%
Commercial Residential, in
County
Residential, Out of
County, In CO
Residential, Outside
of CO
Unknown
Purchasers Address ‐2018 R.E. Transactions
Total
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: Feb. 28, 2019
RE: Summary of Authority’s Feb. 28, 2019, Board Meeting
The following is a summary of items discussed at the Feb. 28, 2019, Authority Board Meeting:
Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes,
Secretary Kim Bell Williams, Treasurer Geoff Dreyer, directors Mick Woodworth and Pam Elsner.
Rules and
Regulations Updates:
Appendix G
The board unanimously approved updates to Appendix G of the Rules and
Regulations. Maureen Mulcahy summarized the need for the updates, to ensure
compliance with the state-issued Backflow Program and Cross Connection Control
(BPCCC) requirements.
Composting at the
Vail office
Linn Brooks said the District is receiving compost service at the Vail office to
promote its sustainable initiatives and keep organics out of local landfills, reducing
greenhouse gas emissions. Employees are encouraged to bring in compost from
home, and Linn offered this service to interested board members as well.
West Slope Charge
Fund
Linn Brooks explained this charge and resulting fund, which was a requirement of
the Colorado River Cooperative Agreement. Denver Water charges a fee to
customers outside of its 2010 service area. The West Slope signatories of the
CRCA are the beneficiaries of the fund, which is a compensatory payment to offset
water that is transmountain diverted to the front range; the fund is to be used for
West Slope water projects.
Quarterly Financial
Report
James Wilkins reported that Authority water sales were above budget projections,
with May and July sales much higher than anticipated. Authority impact fee
revenues were in line with projections, and many developers paid at the end of
December, prior to annual increases.
ADWF Capital
Improvements Update
Brian Tracy presented an overview of recent capital improvements at the Avon
Drinking Water Facility. State requirements have required many of the upgrades,
including a project to reduce disinfection byproducts to meet new Colorado
Department of Public Health and Environment (CDPHE) regulations. Other
highlights at the facility included being the first water provider to receive credits for
ozone disinfection, as well as having 24/7 automated operations.
AWWTF Nutrient
Project Partnering
Update
Jeff Schneider and Melissa Marts gave an overview of upcoming Avon Wastewater
Treatment Facility capital improvements to meet the state’s nutrient regulations. A
construction manager at risk method is being used, and Melissa noted a partnering
session with the staff, and engineering and contractor representatives to kick the
project off in a collaborative spirit and to minimize construction cost risk.
Construction is expected to kick off this fall and be completed in 2022.
6 West Project Issues Jason Cowles reported a subcontractor at the 6 West project did not properly install
the water and sewer mains for the development. The District’s field inspector
identified numerous issues, which the subcontractor has since remedied. To protect
the Authority and District if these fixes are not sufficient, an extended three-year
warranty for the work will be procured by the developer; warranty bonds will also be
Summary of Authority’s Feb. 28, 2019, Board Meeting Page 2 of 2
assigned to the Authority and District by the contractor to back the extended
warranty. Further, the District will record a perpetual lien against the property, which
will be memorialized via an agreement with the subcontractor’s company.
Legislative Update Diane Johnson updated the board on two bills of interest: HB 1050, which would
extend to special districts the same policy that came from 2013 legislation, which
said any homeowner association (HOA) rules that require homeowners to have turf
grass are unenforceable. This is ready for the governor’s signature. The other bill,
HB 1108, is an iteration of a similar 2018 bill to allow nonresident property owners
to vote in special district elections for board members. She will continue to monitor
this legislation.
Drought Contingency
Planning
Diane Johnson updated the board on drought contingency planning, particularly
issues that the lower basin states are having. Monday, March 4, is the deadline for
the lower basin states to come to agreement regarding their drought contingency
plan. The last outstanding issue is how to handle the Salton Sea, which is shrinking
and exposing toxic lakebed in the Imperial and Coachella Valley areas.
Colorado Outdoor
Recreation and
Economy Act
Glenn Porzak discussed this legislation, which will be introduced in Congress and,
among other issues, deals with wildfire coordination efforts in wilderness areas. Of
particular interest to the Authority and District are the inclusion of Camp Hale as a
National Treasured Landscape, as water released from Eagle Park Reservoir must
traverse this areas. Glenn also pointed out that the current legislation does not
require a clean up of unexploded ordnances in the area. He will continue to monitor
this.
Pando Feeder Canal
Absolute/Diligence
Application
Glenn Porzak reported there were no opposers to the Pando Feeder canal filing to
make absolute a portion of these important water rights. He filed the motion for
entry of final decree and is awaiting the referee’s signature.
Approval of
Settlement with TCRP
and other parties
The board unanimously approved the terms of settlement with Traer Creek Resort
Properties and other parties involved in the litigation, per the agreed upon
settlement terms.