TC Ord. No. 19-03 Approving Amendments to Title 7 of the Avon Municipal Code for Inclusionary Housing RegulationsTOWN OF AVON
ORDINANCE 19-03
APPROVING AMENDMENTS TO TITLE 7 OF THE AVON
MUNICIPAL CODE FOR INCLUSIONARY HOUSING
REGULATIONS
RECITALS
WHEREAS, the Avon Town Council ("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;
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;
WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings
to recommend approval of the Application to the Town Council;
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;
WHEREAS, pursuant to the home rule powers of the Town, the 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;
WHEREAS, the Town Council held public meetings on March 12, 2019, April 9, 2019, and
May 14, 2019 to consider the Application and first reading;
WHEREAS, the Town Council held Public Hearings on May 28, 2019 and June 11, 2019,
after posting notice as required by law, considered all comments, testimony, evidence, Planning
and Zoning Commission recommendations, and staff reports prior to taking action on the
Application;
WHEREAS, the Town Council finds that changes to Employee Housing Mitigation provides
a method of delivering more Community Housing choices to residents and workers in the Town;
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;
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;
WHEREAS, former Lot C, Avon Center at Beaver Creek Subdivision, 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 Town Council desires to acknowledge the previous community housing
Ord. 19-03 — Amending Avon Municipal Code
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construction and provide a credit for housing mitigation for additional development on Lots 2A,
213, 3 and 5 of Mountain Vista Resort Subdivision; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
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 Town Council, or any member of the 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 7.08 - Definitions. is hereby amended to read as follows
with underline indicating language to be adopted:
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 resalerip 'ce of
such residential property, and which deed restriction is enforceable by the Town.
Eagle Valley means the area between Vail Redcliff, and Dotsero• not including Burns Bond or
McCoy.
Property Management is a land use category for development that is a hybrid of a condominium
and hotel, by being operated as a commercial hotel even though the units are individually owned.
Residential use means the use of a building or other structure as a dwelling
Section 3. Amendment to Section 7.20.100 - Employee housing mitigation. is hereby
amended to read as follows, with c*�e out indicating language to be deleted and underline
indicating language to be adopted:
(a) Purpose. The purpose of this Section is to create housing for workers generated by new
development in Avon, which is affordable to Eagle Valley workers. This is accomplished through
the creation of Employee Housing Mitigation units deed restricting existing housing units
payment of fees based on the number of workers created by development and/or exempting
Community Housing projects.
(b) Applicability. This Section shall apply to new multi -family residential Q or more units),
commercial, accommodation units, industrial and other non-residential development within the
Town. This Section applies to all entities, including private and non-profit entities.
(c) Exemptions.
Development within Existing Structures and Changes in Use for Remodeling.
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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 remodeling shall be exempt from the requirements of this Section. Any
new floor area 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.
Governmental projects and housing projects constructing Community Housing are exempt
from this section.
Properties with preexisting vested rights are exempt from these requirements.
Projects with current Development Plan approvals that are valid on July 11, 2019, and/or
extended pursuant to Section 7.16.010(g).
(d) Employee Housing Mitigation Fonnulas. When phew le ^ pleye^ housing mitigatioll s'��"
be pfevided ; accor-danee with those standards -
To determine the amount of Employee Housing Miti atg ion that must be provided,
the following job generation, em ^getmation, and mitigation rate formulas shall be used:
Table 7.20-14
Employee Housing Mitigation Formulas
Ord. 19-03 — Amending Avon Municipal Code
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Factor
Calculation
Commercial
Size of development
Leasable square feet
jobs genera
Workers Re uired
2.8 per 1,000 sq. ft.
Rate x sq. ft./1,000
>~'„,p7^.,00s ,.o„o,.,,.0,7
1.2 obs per- employee
T^>,� ,.o r.,�oa Workers
generat
per Em to ee
Generated/1.2
Units ..o^,,;, 0 7
X20/o 0 atiHatiseholds
mitigon
Jobs generated
Required mitigation
x 4-20%
Lodging and Property Management
Size of development
# of rooms or # of units
Lodge/hotel -
# of rooms x 0.8
jobs genefa
0.8/ room;
Prop. management -
# of units x 0.4
Workers Required
0.4/ unit
Ord. 19-03 — Amending Avon Municipal Code
SECOND READING — June 11, 2019
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E,,,,,,..00s
Jobs per em
generate
to ee
1.2 jobs per employee
,,,,
,.o�oto,, Workers
Generated/1.2
Households gener
Number of
1.8 ernpleyees-��
Employees geiierated/ 1A
Required mitigation
X20%mitigation
Households Workers
generated x 4-20%
Residential
Size of development
Studio
# of Dwellin Units
Workers Required
1 bedroom
.33 per Dwellin Unit
# of units x 0.33
Jobs Per Employee
900
1.2
Workers Generated/1.2
Re uired mitigation
3.5
20% mitigation
Workers Generated x 20%
Note. The required
Note. ---- -- 1...--"
employee
—mr-"J
1, t' t'
-- --......,...b mitigation .,...s..
whole number,
1, ll b ,, ., � the t
v� ava.a..u.0 �� a.ai� nearest
(e) Methods of Employee Housing Mitigation.
(1) 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.
(2) For any of the following methods of producing Employee Housing Mitigation all proposed
units 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
No Credit Given: If the residential square footage of the proposed Employee Housing
Mitigation unit(s) is in excess of the minimum required residential square footage the
additional residential square footage shall not be eligible for use as any form of future credit
or for the Employee Housing Mitigation.
(f) Priorities for Employee Housing Mitigation.
The following options for Employee Housing Mitigation are listed in order of preference
regarding the he types of unit(s) created:
Ord. 19-03 — Amending Avon Municipal Code
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Minimum
Number of
T e
Size of Unit
Employees
(Square
Housed
Foota e
Studio
500
1.25
1 bedroom
750
1.75
2 bedrooms
900
2.25
3 or more bedrooms
1,225
3.5
No Credit Given: If the residential square footage of the proposed Employee Housing
Mitigation unit(s) is in excess of the minimum required residential square footage the
additional residential square footage shall not be eligible for use as any form of future credit
or for the Employee Housing Mitigation.
(f) Priorities for Employee Housing Mitigation.
The following options for Employee Housing Mitigation are listed in order of preference
regarding the he types of unit(s) created:
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(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,
provided such land, site or structure has not been previously deed -restricted to employ
or affordable housing by any party.
(3) Construction of Employee Housing, Mitigation unit(s) outside the Town 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 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. Units constructed shall be valued
at .75 of the applicable required Employee Mitigation rate.
(41 Deed restricting existing free market unit(s) within the Town or the Eagle Valley.
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)
and the deed restriction agreement language for the unit(s) to be deed restricted. The
Applicant must demonstrate to the satisfaction of the Town that:
a. the long-term affordabilityoproposed Employee Housing Mitigation units is
adequately protected, considering issues including but not limited to longterm
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 restriction meets long
term standards for maintenance and affordability.
ii. Employee Housing Mitigation units outside of the Town 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.
iii. Deed restricted units outside of the Town shall be valued at .75 of the
required Employee Housing Mitigation rate.
(5) Fees -in -lieu, as defined by Town Council resolution and updated eveKy two years, may be
provided only for any fractional remainder of the Employee Mitigation requirement
generated under this Section totaling less than 1.0 employee, subject to the following
requirements:
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Time of Payment and Use of Funds. Payment of the fee in -lieu shall be made to
the Town prior to the issuance of any Certificate of Occupancy or Temporary
Certificate of Occupancyfor free market portion of the development.
Interest Bearina Account. The Town shall transfer the funds to an interest-bearine
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_
(g) Mitigation plan required.
The Mitigation plan shall include the following
(1) Calculation and method. The calculation of, and method by which Employee Housing
Mitigation units are to be provided, in compliance with Table 7.20-14 and Section
7.20. 1 00(d).
(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 Town Council 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 Council for construction of Employee Housing Mitigation shall be prior to,
or concurrent with, the free market portion of the development plan. Any amendment to an
approved Employee Housing Mitigationplan shall require subsequent Town Council
approval.
(h) Certification of Action. The Town Council shall certifythe he 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.
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SECOND READING — June 11, 2019
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Section 4. Sheraton Mountain Vista. Town acknowledges the housing provided previously
as part of the Sheraton Mountain Vista Planned Unit Development and adopts the interpretation
that previously constructed housing provides a total of 27.36 employee housing credits, and that a
balance of 25.58 employee housing credits shall be available to be applied to satisfy employee
housing mitigation requirements for development of Lots 2A, 213, 3 and 5, Mountain Vista Resort
Subdivision.
Section 5. 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 6. 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 7. 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 8. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town, 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 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ord. 19-03 — Amending Avon Municipal Code
SECOND READING — June 11, 2019
Page 7 of 8
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 14, 2019 and setting such public hearing for Junc 11, 2019 at the Council
Chambers of the Avon Municipal Building, located at One Hwidred Mikael3 Way, Avon,
Golor3do.
BY:;
r!�i�"
SarahSmith Hymcs, Ma4-
3
ATTEST:
0
Brenda Torics, own
ADOPTED ON SECOND AND FINAL READING on June 1 1, 2019-
BY1
Sarah Srnith Hymns,
A P�P R,%f P D A 0-F0R1NL-,----
M-Sellas, Town Attorney.
Ord. 19-03 - Amending Avon MORkIP21 Code
SECOND READNG - June it. 2019
pate S 0( a
:SEAL*
ATTEST:
�A OF
0 r
�P4
Brenda Torres, Tovm
SEAL
C c