TC Packet 10-22-2019
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, OCTOBER 22, 2019
MEETING BEGINS AT 4:00 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP ://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON R ECREATION CENTER, AND AVON PUBLIC LIBRARY
I F YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON .ORG WITH ANY SPECIAL REQUESTS.
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AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA O N PAGE 4)
1. CALL TO ORDER AND ROLL CALL 4:00
2. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEI VING LEGAL ADVICE UNDER
C.R.S. §24‐6‐402(2)(B ) CONCERNING EXPANDED POLYSTYRENE REGULATIONS
3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING 5:00
4. ACTION TO RESUME THE PUBLIC MEETING 5:05
5. APPROVAL OF AGENDA 5:05
6. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
7. PUBLIC COMMENT – COMMENTS ARE W ELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
[AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WIS HING 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.] 5:10
8. BUSINESS ITEMS
8.1. PUBLIC HEARING : SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION
(TOWN MANAGER ERIC HEIL) (45 MINUTES) 5:15
• STAFF PRESENTATION – 10 MINUTES
• DISCUSSION/COUNCIL Q&A – 20 MINUTES
• PUBLIC COMMENT – 15 MINUTES
• COUNCIL ACTION
8.2. PRESENTATION: SWEARING IN AND BADGE PINNING CEREMONY FOR POLICE OFFICER COLLEEN GASPARD
(POLICE CHIEF GREG DALY) (15 MINUTES) 6:00
8.3. PRESENTATION: NATIONAL NIGHT OUT COMMUNITY AWARDS (POLICE CHIEF GREG DALY) (20 MINUTES) 6:15
8.4. PRESENTATION: COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES ASSESSMENT
(POLICE CHIEF GREG DALY) (15 MINUTES) 6:35
8.5. PUBLIC HEARING: FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK
A BEAVER CREEK SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS ) (25 MINUTES ) 6:50
• STAFF PRESENTATION – 10 MINUTES
• DISCUSSION/COUNCIL Q&A – 10 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, OCTOBER 22, 2019
MEETING BEGINS AT 4:00 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP ://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON R ECREATION CENTER, AND AVON PUBLIC LIBRARY
I F YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON .ORG WITH ANY SPECIAL REQUESTS.
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8.6. PUBLIC HEARING: FIRST READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND V ESTED RIGHTS
EXTENSION FOR LOT 1, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER ) (30 MINUTES ) 7:15
• STAFF PRESENTATION – 5 MINUTES
• APPLICANT PRESENTATION – 10 MINUTES
• DISCUSSION/COUNCIL Q&A – 15 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
8.7. APPROVAL OF MINUTES FROM OCTOBER 10, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES) (5 MINUTES) 7:45
9. W RITTEN REPORTS
9.1. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS )
9.2. ABSTRACT FROM OCTOBER 15, 2019 PLANNING AND ZONING COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER )
10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 7:50
11. EXECUTIVE SESSION FOR THE PURPOSE OF D ISCUSSING SECURITY ARRANGEMENTS PURSUANT TO C.R.S SEC. 24-6 -
402(4)(D ) (POLICE CHIEF GREG DALY) 8:00
12. ADJOURN 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 o n 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 i tem, 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 AGENDAS:
October 30, 2019
- COUNCIL BUDGET RETREAT
November 12, 2019
- PRESENTATION: PROCLAMATION HONORING COLORADO GIVES DAY
- W ORK SESSION: MARKETING PLAN AND ACTIVITIES
- PUBLIC HEARING: SECOND READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK A BEAVER
CREEK SUBDIVISION
- PUBLIC HEARING: SECOND READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND VESTED RIGHTS
EXTENSION FOR LOT 1, RIVERFRONT SUBDIVISION
- FIRST READING ORDINANCE 19-11 ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING
PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, OCTOBER 22, 2019
MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP ://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON R ECREATION CENTER, AND AVON PUBLIC LIBRARY
I F YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON .ORG WITH ANY SPECIAL REQUESTS.
3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE W ELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE
(3) MINUTE LIMIT ALLOWED TO EACH PERS ON 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.]
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. Applicant Name: Walking Mountains Science Center
Event Name: Fright at the Museum
Event Date: October 26, 2019; 12:45 p.m. until 5:15 p.m.
Location: 318 Walking Mountains Lane
Event Manager: Paul Abling
Permit Type: Malt, Vinous & Spirituous Liquor
5. APPROVAL OF THE MINUTES FROM OCTOBER 10, 2019 MEETING
6. W RITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7. ADJOURNMENT
Special Event Liquor Permit – Fright at the Museum
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LIQUOR LICENSING AUTHORITY REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Meeting Date: October 22, 2019
Agenda Topic: PUBLIC HEARING for Special Event Permit Application – Fright at the Museum
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY
The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit
Application for the upcoming Fright at the Museum special event. A public hearing is required before final
action is taken.
Applicant Name: Walking Mountains Science Center
Event Name: Fright at the Museum
Event Date: October 26, 2019; 12:45 p.m. until 5:15 p.m.
Location: 318 Walking Mountains Lane
Event Manager: Paul Abling
Permit Type: Malt, Vinous & Spirituous Liquor
PROPOSED MOTION
“I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit
application for the Fright at the Museum special event on October 26, 2019.”
SUMMARY
The Applicant has submitted the appropriate materials required by the State of Colorado Liquor
Enforcement Division and all materials are in order.
The 318 Walking Mountains Lane premise has been posted with notice of the public hearing for this
application. The event manager will be present to answer question about the application. The
background checks indicated no criminal violations. The Applicant has submitted the appropriate
local liquor license special event permit application fees.
The Applicant is a Charitable Organization in good standing with the Secretary of State, State of
Colorado. The Applicant has provided adequate proof of commercial liability insurance that meets the
Town’s requirements. These documents are on file in the Town Clerk’s office.
BACKGROUND
Special events permits are issued by the Local Licensing Authority to allow particular types of organizations,
municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public
events. Avon has adopted the local option whereby applications are made directly to the Avon Local
Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. A
nonprofit entity and the Town of Avon may receive a maximum of 15 special event permits per calendar
Special Event Liquor Permit – Fright at the Museum
P a g e | 2
year. There is no required finding for the issuance of a special event permit. CRS §12-48-106 states the
grounds for denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that
the issuance would be injurious to the public welfare because of the nature of the special event, its
location within the community, or the failure of the applicant in a past special event to conduct the
event in compliance with applicable laws.”
SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Application for a Special Event Permit (State form DR 8439)
✓ Alcohol Management Plan
✓ Diagram where liquor will be served
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Smith Hymes called the meeting to order at 5:01 p.m. A roll call was taken and Board members
present were Amy Phillips, Scott Prince, Tamra Underwood, Chico Thoun and Jake Wolf. Board member Jennie
Fancher was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg
Daly, Deputy Town Manager Preston Neill and Secretary Brenda Torres.
2. APPROVAL OF AGENDA
Board member Underwood moved to approve the agenda, as presented. Vice Chairwoman Phillips seconded
the motion and the motion passed unanimously by board members present. Board member Fancher was
absent.
3. PUBLIC COMMENT
No public comments were made.
4. REPORT OF CHANGES – MODIFICATION OF PREMISES
4.1. APPLICANT: DILLON COMPANIES LLC D/B/A CITY MARKET #26
LOCATION: 0072 BEAVER CREEK PLACE
APPLICANT: THOMAS SULLIVAN -VICE PRESIDENT
Chairwoman Smith Hymes opened the public hearing and no comments were made. The manager of City
Market #26, Jeff Gentilini, answered several questions posed by Board members. Board member
Underwood moved to approve the Modification of Premises Application for Dillon Companies LLC d/b/a
City Market #26. Board member Wolf seconded the motion and the motion passed unanimously by those
present. Board member Fancher was absent.
5. APPROVAL OF THE MINUTES FROM AUGUST 27, 2019 MEETING
Board member Underwood moved to approve the minutes from the August 27, 2019 Liquor Licensing
Authority Meeting. Vice Chairwoman Phillips seconded the motion and the motion passed on a vote of 6 to 0.
Board member Fancher was absent.
6. WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7. ADJOURNMENT
There being no further business to come before the Board, Chairwoman Smith Hymes adjourned the Liquor
Licensing Authority meeting. The time was 5:12 p.m.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Page 2
RESPECTFULLY SUBMITTED:
____________________________________
Brenda Torres, Secretary
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: October 22, 2019
Topic: REPORT ON RECENT ADMINISTRATIVE APPROVALS
SUMMARY:
The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor
license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers,
and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals require notice to be
posted for seven days and Special Event Permits for ten days, and require the Town Clerk to accept
comments and/or requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk
has the discretion to refer the application to the Avon Town Council. The Town Clerk is required to report
administrative approvals, which is the reason for this written report. Dating back to October 10, 2019, the
Town has received three Renewal Applications and one Report of Changes of Corporation Structure that
have met all the requirements for administrative review and approval and were ultimately approved by the
Town Clerk. No comments, complaints, or request for hearings were received. They are as follows:
Renewals:
Applicant: Vail Valley Mexican Foods LLC d/b/a Agave
Location: 1060 E Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: Richard Wheelock
Applicant: Sauce on the Creek LLC d/b/a Sauce on the Creek
Location: 0101 Fawcett Road #100
Type: Hotel & Restaurant
Manager: Deb Applegate
Applicant: Avon Properties Leasing LLC d/b/a Village Warehouse Wines
Location: 0101 Fawcett Road #130
Type: Liquor Retail Store (City)
Manager: Peter Cuccia
Modifications:
Applicant: Avon Properties Leasing LLC d/b/a Village Warehouse Wines
Location: 0101 Fawcett Road #130
Type: Liquor Retail Store (City)
Manager: Peter Cuccia
Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption October 18, 2019 Page 1 of 2
TOWN MANAGER REPORT
TO: Honorable Mayor Smith Hymes and Town Council
FROM: Eric Heil, Town Manager
RE: Ordinance No. 19-05 Primary Residence RETT Exemption
DATE: October 18, 2019
SUMMARY: Ordinance No. 19-05 is presented to Council for consideration and review on second reading.
Council provided direction at its September 10, 2019 Council meeting on various terms and conditions for
an increased primary residence exemption. In order to enact the complete list of terms proposed by
Council a third exemption is presented (3.12.060(19)). Due to the constraints of TABOR, a consolidated
and simplified exemption is not possible because Town cannot add restrictions to the existing two primary
residence exemptions.
TERMS OF EXEMPTION:
• Maximum Residence Price: The increased exemption is limited to residences which do not
exceed total consideration of $960,000. This number is proposed to be somewhat generous above
the median income with the ability to include full-family sized residences. $960,000 is a multiple of
$160,000. Council may wish to consider a different maximum home price amount for the increased
exemption. The Community Housing Plan does not provide clear guidance on a maximum home
price, above which public assistance through increased RETT exemption would not facilitate
affordability.
• Eagle County Employee not required: Applicants for the increased exemption are not required
to meet the definition of “Eagle County Employee;” rather, they are only required to occupy and use
the residence as a primary residence.
• Revision to Definition of Primary Residence: The definition of “Primary Residence” is revised to
state that the primary resident may offer short-term rental of portions of the residence or individual
bedrooms provided that such person continues to occupy the residence as a primary residence.
The definition of “Primary Residence” was also modified to add clarity to the Town Manager’s
authority to verify actual occupancy with additional language to state that the Town Manager has
authority to take into account, “. . . and such other circumstances as well as such processes for
verification and investigation deemed appropriate by the Town Manager to determine that the
applicant is continuously occupying and using the residence as a primary residence.”
• Promissory Note: Language was modified to specify 8% interest (the statutory default rate); to
state that the residence must be occupied and used as a primary residence for at least 3 years;
and to state that the lien and promissory note do not establish any maximum amount of the
consideration for a residence to qualify for the increased exemption.
• Buyer and Seller: The exemption states that the exemption applies to the transfer tax paid by
both buyer and/or seller.
Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption October 18, 2019 Page 2 of 2
ADMINISTRATION AND IMPLEMENTATION: Based on the limited comments received from title
companies, I believe this increased exemption with the proposed terms and conditions should be as easy
to interpret and administer for title companies and banks as the current exemptions. The promissory note
and lien are subordinate to any first mortgage and deed of trust. The increased exemption is not limited to
the amount paid by the Buyer, which should simplify incorporation of the exemption on closing sheets.
The only odd consequence I foresee to note is that the Buyer is required to accept the promissory note and
lien for the full RETT Exemption amount (and risk of repayment), which will be more than the Buyer’s share
when the Buyer and Seller split the exemption. If the RETT Exemption promissory note and lien become
triggered and due, then the Buyer would be penalized by having to pay the portion of the RETT Exemption
that was allocated to the Seller. However, the revised terms and conditions allow for sale of the property at
any time without triggering the RETT Exemption to become due; therefore, the only circumstance when the
RETT Exemption would become due is when the Buyer fails to occupy and use the residence as a primary
residence during the first three years of ownership.
IMPACT TO CAPITAL IMPROVEMENTS FUND: Any increase in the exemption for primary residences
will reduce revenues for the Capital Improvements Plan. A draft Capital Improvements Plan was presented
to Council at the September 10, 2019 Council meeting. The increase of the existing $160,000 exemption to
the $400,000 exemption is expected to decrease the RETT revenues (and corresponding Capital
Improvements Project revenues) by $312,000 per year.
OPTIONS: A recommended option for consideration at the September 10, 2019 Council meeting was to
increase the RETT Exemption a modest amount to $240,000; then adopt a simplified and consolidated
single primary residence RETT Exemption that did not include a maximum home price cap, did not require
meeting the definition of Eagle County employee, and did not increase the required use and occupancy
from one year to three years. This approach only works well if the RETT Exemption increase is modest
and the qualifying requirement is limited to primary residence occupancy and use for one year.
RECOMMENDATION: I am comfortable that the ordinance as presented for second reading would
implement Council’s policy goal to increase the RETT Exemption for primary residences while clarifying
Town’s authority to verify and investigate actual occupancy and use as a primary residence and would not
increase the complexity of title companies, banks, real estate brokers, buyers and sellers to interpret and
apply this increased RETT Exemption and the associated applications.
I would further recommend that Council consider setting the increased RETT Exemption at $240,000 due to
the impact to the Capital Improvements Fund, and then evaluate whether to increase this amount in a
future year.
Thank you, Eric
ATTACHMENT A: Ordinance 19-05
ATTACHMENT B: Ordinance 19-05 COMPARED to prior version
ATTACHMENT C: July 9, 2019 Town Manager Report
ATTACHMENT D: Avon Community Housing Plan - 2018
Ord. 19-05
October 22, 2019 SECOND READING
Page 1 of 5
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-05
AMENDING CHAPTER 3.12 REAL PROPERTY TRANSFER TAX
TO INCREASE THE PRIMARY RESIDENCE EXEMPTION
WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political
subdivision of the State of Colorado (“State”) organized and existing under a home rule charter
(“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, 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, a public hearing was held on September 10, 2019, then continued to October 12,
2019, then continued to October 22, 2019; 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 with 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. Amendment of Section 3.12.020 – Definitions. Section 3.12.020 of the Avon
ATTACHMENT A: Ord No 19-05
Ord. 19-05
October 22, 2019 SECOND READING
Page 2 of 5
Municipal Code is hereby amended to repeal and re-enact the definition of “Primary Residence”
to read as follows:
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; stated residence for
income and tax purposes; and such other circumstances as well as such processes for
verification and investigation deemed appropriate by the Town Manager to determine that
the applicant is continuously occupying and using the residence as a primary residence.
For purposes of subsection (17)-(19), 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. A person who
receives an exemption for purchase of property as a primary residence shall be permitted
to short-term rent portions of the residence provided that such person continues to occupy
and use the residence as a primary residence.
Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon
Municipal Code is hereby amended to enact a new Section 3.12.060(19) to read as follows:
“3.12.060 (19) In the alternative to the exemption in sub-sections (17) and (18) of this Section
3.12.060, a qualified purchaser may exempt [ TWO HUNDRED AND FORTY THOUSAND TO
FOUR HUNDRED THOUSAND DOLLARS ($240,000.00 - $400,000.00)] of the consideration
paid for any sale or conveyance of real property and completed improvements for occupancy
as a primary residence (including both the first purchase in Avon and subsequent purchases),
provided the following conditions are met:
a. An application for exemption is filed with the Finance Department, which application
is accompanied by:
1. The total consideration paid for the residence in the conveyance does not exceed
nine hundred and sixty thousand dollars [$960,000.00];
2. 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);
3. A promissory note in the amount of the total exempted tax otherwise owing, whether
paid by buyer and/or seller, together with interest accruing at the rate of eight
percent (8%), 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
ATTACHMENT A: Ord No 19-05
Ord. 19-05
October 22, 2019 SECOND READING
Page 3 of 5
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 the applicant’s primary residence at any time after establishing initial
occupancy during the three (3) year period 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, provided that the tax due and the promissory
note shall be released if the property has been occupied and used by the applicant
in compliance with this sub-section (19) and the residence is sold by the applicant;
and
4. The exemption applies to the transfer tax paid by the buyer and/or seller in
proportion to the amounts of transfer tax paid by buyer and seller or as may be
allocated between buyer and seller by written agreement.”
Section 4. 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 5. 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 6. 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
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 the date of
final passage 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 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.
ATTACHMENT A: Ord No 19-05
Ord. 19-05
October 22, 2019 SECOND READING
Page 4 of 5
Section 9. 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 10. 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 August 13, 2019 and setting such public hearing for September 10, 2019 at the
Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on October 22, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
ATTACHMENT A: Ord No 19-05
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-05
AMENDING CHAPTER 3.12 REAL PROPERTY TRANSFER TAX
TO INCREASE THE PRIMARY RESIDENCE EXEMPTION
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, a public hearing was held on September 10, 2019, then continued to October 12,
2019, then continued to October 22, 2019; 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 with 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. Amendment of Section 3.12.020 – Definitions. Section 3.12.020 of the Avon
ATTACHMENT B: Ord. No. 19-05 COMPARED
Municipal Code is hereby amended to repeal and re-enact the definition of Eagle County Employee
and the definition of Primary Residences“Primary Residence” to read as follows:
Eagle County Employee means a person whose primary residence at the time of
purchase of the property subject to the tax imposed by this Section 3.12 is located
within Eagle County and who 1) works an average of at least thirty (30) hours per
week on an annual basis or 2) is a retired individual, sixty years (60) 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.
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.; and such other circumstances as well as such processes
for verification and investigation deemed appropriate by the Town Manager to determine
that the applicant is continuously occupying and use the residence as a primary residence.
For purposes of subsection (17)-(19), 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. A person who
receives an exemption for purchase of property as a primary residence shall be permitted
to short-term rent portions of the residence provided that such person continues to occupy
and use the residence as a primary residence.
Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon
Municipal Code is hereby amended to enact a new Section 3.12.060(19) to read as follows:
“3.12.060 (19) In the alternative to the exemption in sub-sections (17) and (18) of this Section
3.12.060, a qualified purchaser may exempt four hundred thousand dollars [$400,000.00][ TWO
HUNDRED AND FORTY THOUSAND TO FOUR HUNDRED THOUSAND DOLLARS
($240,000 - $400,000.00)] of the consideration paid for any sale or conveyance of real property
and completed improvements for occupancy as a primary residence (including both the first
purchase in Avon and subsequent purchases), provided the following conditions are met:
a. a. An application for exemption is filed with the Finance Department, which
application is accompanied by:
1. 1. The total consideration paid for the residence in the conveyance does not
exceed nine hundred and sixty thousand dollars [$960,000.00];
2. 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
ATTACHMENT B: Ord. No. 19-05 COMPARED
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
3. 2. A promissory note in the amount of the total exempted tax otherwise owing,
whether paid by buyer and/or seller, together with interest accruing at the rate
hereinafter provided,of eight percent (8%), 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 herthe applicant’s primary
residence withinat any time after establishing initial occupancy during the three (3)
yearsyear period 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, provided that the tax due and the promissory note shall be released if the
property has been occupied and used by the applicant in compliance with this sub-
section (19) and the residence is sold by the applicant after one (1) year; and
4. 3. The exemption applies only to the portion of the transfer tax actually paid
by the buyer and will not reduce any portion of the /or seller in proportion to the
amounts of transfer tax that the seller agrees to pay in the transactionpaid by buyer
and seller or as may be allocated between buyer and seller by written agreement.”
Section 4. 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 5. 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 6. 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
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.
ATTACHMENT B: Ord. No. 19-05 COMPARED
Section 7. 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 8. 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 9. 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 10. 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 August 13, 2019 and setting such public hearing for September 10, 2019 at the
Council Chambers of the Avon Town Hall, located at 100 MikelaMikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 10October 22, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
ATTACHMENT B: Ord. No. 19-05 COMPARED
TOWN MANAGER REPORT
TO: Honorable Mayor Smith Hymes and Town Council
FROM: Eric Heil, Town Manager
RE: Ordinance No. 19-05 Primary Residence RETT Exemption
DATE: July 1, 2019
SUMMARY: Ordinance No. 19-05 is presented to Council for consideration and review on first reading. A
power point presentation will be provided prior to the Council meeting that will summarize the financial
points in this report and will provide examples of how an increased exemption from real estate transfer
taxes for primary residences would benefit buyers in Avon.
BACKGROUND: Council adopted Avon’s first Community Housing Plan last December. Council
previously expressed a desire to consider increasing the Real Estate Transfer Tax (RETT) exemption for
primary residences. Draft language was presented in Ordinance No. 19-01 in early 2019; however, Council
separated out the tax and fee waivers for Community Housing in Ordinance No. 19-01 and recently
adopted that Ordinance.
INCREASING PRIMARY RESIDENT RETT EXEMPTION: Increasing the RETT exempt for primary
residents presented some transactional complications and questions about impacts and consequences to
the Town’s budget. The proposed amendment to increase the primary residence exemption has been
simplified by creating a separate independent exemption rather than building upon the two existing
exemptions for primary residences.
TABOR IMPLICATIONS: The Tax Payor Bill of Rights (TABOR) amended the Colorado Constitution in
1992 and prohibited any new or increased real estate transfer tax. Any increase of the primary residence
exemption would become permanent and could not be repealed by Council at a later date. It is possible to
draft an increased exemption for primary residences as a “temporary tax credit”; however, that would make
the wording even more complicated and is not suggested.
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.
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.
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 annual RETT revenues that is not received and is exempted for primary residence
ATTACHMENT C: July 9, 2019 Report
purchases.
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.
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.
IMPACTS TO RETT AND CAPITAL IMPROVEMENTS: The RETT generates between $2.5 million to $3.1
million in revenues per year depending upon the real estate market. The RETT revenues sometimes
received an increase when new “for-sale” projects become available to the market. Existing debt service is
approximately $1 million per year, leaving a conservative budget of $1.5 million per year for capital
improvements.
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. The consequence of increasing the primary residence
exemption would be to require deferral or elimination of capital projects in the approximate amount of
$200,000 to $442,000 (based on increasing exemption to $500,000 in consideration paid).
An increase of the primary residence RETT exemption is expected to reduce the available Capital
Improvements Budget by 14% to 29%.
ADMINISTRATION: An increased exemption for primary residences would create a third category of
exemption. RETT exemptions are already complicated; therefore, an additional increased exemption for
primary residences would require the Town to provide additional instructions and would require submission
of a closing statement that indicates the amount of the real estate transfer tax to be paid by the buyer.
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 price 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
ATTACHMENT C: July 9, 2019 Report
(16) to increase the $160,000 exemption amount.
2. Increase the $160,000 primary residence exemption but 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).
3. Increase the $160,000 primary residence exemption but limit eligibility for the additional exemption to
persons who meet the definition of Eagle County Employee.
4. Increase the minimum timeframe to that the property must be used as a primary residence from the
current minimum duration of one (1) year.
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 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 would 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 full-time
resident housing.
Option 3 proposes that the increase in RETT exemption over $160,000 for primary residences is limited to
Eagle County Employees.
Combining Options 2 and 3 would target the exemption to benefit eagle county employees and within the
price range where the greatest need is identified.
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 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.”
Thank you, Eric
ATTACHMENT: Ordinance 19-05
ATTACHMENT C: July 9, 2019 Report
Town of Avon
Community Housing Plan
December 2018
Prepared by Willa Williford
ATTACHMENT D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
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 D: Avon Community Housing Plan -2018
Page 1 of 1
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: October 22, 2019
Agenda Topic: Swearing in and Badge Pinning Ceremony for Officer Colleen Gaspard
Swearing In and Badge Pinning Ceremony
Tonight, we will join Officer Collen Gaspard and her family as she takes her oath as Avon’s newest Police
Officer and receives her badge.
Officer Gaspard previously worked as a police officer for the Town of Eagle and for the City of Loves Park
in Illinois. Officer Gaspard is also a United States Army veteran.
It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon
completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible
signs of his or her role, responsibilities, authority and trust with our community.
Mayor Smith Hymes will preside over the swearing-in. The Oath of Office will be administered by Deputy
Town Clerk Kendall Moore.
Officer Gaspard’s daughter Isabelle will pin her badge.
Congratulations to Officer Gaspard.
Page 1 of 2
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: October 22, 2019
Agenda Topic: RECOGNITION OF COMMUNITY MEMBERS/ORGANIZATIONS/ BUSINESSES FOR SUPPORT OF
NATIONAL NIGHT OUT
SUMMARY
Honorable Mayor and Council, we are delighted to have the opportunity to present the Chief’s
Community Partnership award to community members, organizations and businesses for their
phenomenal support of our annual National Night Out activities in August. Attached is a PowerPoint we
will present during Tuesday’s Council meeting.
BACKGROUND
For the last 13 years, the Avon Police Department has participated annually in National Night Out with
the Avon community on the first Tuesday of every August. This year, the department continued to host
the community parties in four neighborhoods; The Aspen’s Mobile Home Park, Avon Elementary School,
Eaglebend Apartments and O’Neil Spur Park in Wildridge. Avon PD leads the county in the number of
community parties that we host. This event is significant in continuing to strengthen relationships
between the Town of Avon, the Avon Police Department and our community. It is also an opportunity to
interact with neighbors, friends and area first responders.
National Night Out was developed with an emphasis on the vital importance of police-community
partnerships and citizen involvement to reduce crime and improve neighborhood safety.
The Avon Police Department has been successful in our National Night Out activities because of the
generous giving of local businesses and community members. This year, Chief Daly and his team are
honored to recognize several businesses and community members in front of Avon Town Council for
their continued support and/or significant giving over the last 13 years. Many other members of the
community have supported National Night Out and our staff at the Avon Police Department wishes to
thank them as well.
Tonight, we honor the following individuals and organizations. Not all the mentioned individuals or
organizations can attend tonight but we will ensure that they receive an Avon Police Department
community appreciation certificate on behalf of the Town of Avon. .
➢ Chef Adam and Elli Roustom for amazing food
➢ Carlos Enrique Chavez- Margarite’s son who assisted planning, shopping and set up
➢ Castaneda’s Mexican Market for year in year out donations
➢ City Market Avon for donation
Page 2 of 2
➢ Jeff Stair, Property Manager, Polar Star for Eagle Bend Apartments for outstanding leadership
and support
➢ Polar Star/Eaglebend Apartments property management staff for excellent team effort
➢ Edgar Arroyo, DJ and Brenda Torres husband
➢ FirstBank Avon staff for donation
➢ Jordan "Superman" Lyles, KSKE Radio, All Mountain Time
➢ Gretchen Pleshaw, DJ for Lift FM
➢ Juan Manuel Fregoso, DJ
➢ Kim Greene, Vail Health, keeping our kids with her hundreds of bike helmets distributed
➢ Wells Fargo Avon staff for volunteering at the event
We also recognize all of the other businesses, organizations and individuals for their support of this
great community event; Alpine Bank, Aspens, Avon Bakery, Avon liquor, Banglz Salon - Designs by
Christopher, Beaver Liquors, Bob's Place, Columbine Bakery, Dazzle Nails, Domino’s Pizza, ERYC/
Mountain Youth, Fiesta Jalisco Restaurant, Foods of Vail, Gondola Pizza, Green Elephant, Home
Outfitters, Jazzy Nails, Jeff Schiro Painting, Kiwi, Lovely Nails, Mountain massage, Nest Furnishings,
Noodle soup in Avon, Northside Kitchen, Nozawa, Pazzo's Restaurant, Portofino Jewelry, Sauce on The
Creek, Simply Massage, Snow Barber, Sun & Ski, Taqueria No Se Hagan Bolas, The Home Depot, Ticino’s
Restaurant, Vail Lights, Venture Sports and Village Warehouse Wines.
ATTACHMENT
National Night Out Presentation
National Night
Out 2019
Avon Police
Department’s 13th
Annual Event
We Serve to Better Our Community!
Bellows College
SRO Herrera showing off the
patrol vehicle
Avon Police “Count on Us”
Bellows College
Aspens
MHV
Avon Police “Count on Us”
Bellows College
Eaglebend
Avon Police “Count on Us”
Bellows College
Wildridge
Avon Police “Count on Us”
Bellows College
Avon Elementary
School
Avon Police “Count on Us”
Bellows CollegeAvon Police “Count on Us”
Big Thank You To Our 51 Individuals and Organizations
Alpine Bank
Aspens
Avon Bakery
Avon liquor
Banglz Salon -Designs by
Christopher
Beaver Liquors
Blue Plate
Bob's Place
Carlos Chavez
Castanedas
City Market
Columbine Bakery
Dazzle Nails
Dominos Pizza
Eaglebend
Edgar Arroyo
ERYC
Fiesta Jalisco Restaurant
FirstBank
Foods of Vail
Gondola Pizza
Green Elephant
Home Outfitters
Jazzy Nails
Jeff Schiro Painting
Jordan “Superman" Lyles
Juan Manuel Fregoso
Kim Greene
Kiwi
Lovely Nails
Mountain massage
Nest
Nest Furnishings
Noodle soup in avon
Northside Kitchen
Nozawa
Pazzo's Restaurant
Portofino Jewelry
Sauce On The Creek
Simply Massage
Snow Barber
Sun & Ski
Taqueria No Se Hagan Bolas
The Home Depot
Ticinos Restaurant
Maggie
Vail Lights
Venture Sports
Village Warehouse Wines
Wells Fargo
Bellows College
Chief’s Community Partnership Award
Avon Police “Count on Us”
Blue Plate-Food Donation and Continued Community Support
Carlos Enrique Chavez-Time and Energy
Castañeda’s Mexican Market-Continued Support
City Market-Monetary Support
EagleBend Apartments-Continued Support
Edgar Arroyo-DJ
FirstBank-Monetary Support
Gretchen Plewshaw-DJ
Jeff Stair-Eaglebend Location Lead
Jordan “Superman” Lyles-DJ
Juan Manuel Fregoso-DJ
Kim Greene-Continued Support
Wells Fargo-Volunteers
Page 1 of 2
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: October 22, 2019
Agenda Topic: COUNCIL COMMENTS TO THE SITE ASSESSORS FROM THE COMMISSION ON ACCREDITATION FOR
LAW ENFORCEMENT AGENCIES Inc. (CALEA®).
SUMMARY
Honorable Mayor and Council, assessors Captain Michael Bussiere, from Texas and Major Mark Hallum
(Ret.) from Arkansas are conducting a site assessment of the Avon Police Department as part of the
Department’s national accreditation with the Commission on Accreditation for Law Enforcement
Agencies, Inc. (CALEA®) on October 21, 22 and 23.
BACKGROUND
The Avon Police Department has been nationally accredited for the last seven years through the
Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Avon PD is the smallest
agency in Colorado with this accreditation and the only agency west of the Denver Metro Area, except
for the Colorado State Patrol and the Colorado Bureau of Investigation, both statewide agencies.
Approximately 1% of law enforcement agencies in the United States are accredited.
The current accreditation cycle is for four years, and this month sees the end of our current four-year
cycle. During the accreditation cycle, Avon PD submitted annual reports and participated in annual
remote web-based assessments attesting continued compliance with 179 national standards. We
successfully completed the fourth of four annual remote file assessments in September.
As part of the accreditation evaluation, the site-based assessment team has arrived to examine all
aspects of Avon Police Department policy and procedures, management, operations, and support
services. The team is required to verify that the Avon Police Department meets the Commission’s
national standards. This is a great opportunity for the men and women of the Avon Police Department
to showcase their hard work and the community policing/outreach that they do on a daily basis. It is also
a time to show the excellent relationships that the department enjoys with our community, with our
first responder partners and with a variety of nonprofits.
Members of the community or other agency / organization personnel can offer comments regarding
their relationships and their assessment of the Avon Police Department either by phone, in a public
community meeting or in writing.
➢ By telephone- The public may call to speak with an assessor at (970) 748- 4457 on October 22,
2019 between the hours of 1:00 p.m. and 3:00 p.m.
Page 2 of 2
➢ In person- Members of the community and other agency employees and are invited to offer
comments at a public information session October 22, 2019 beginning at 4:00 p.m. The session
will be conducted in the Avon Elementary School, 850 W Beaver Creek Blvd, Avon, CO 81620
➢ In writing- Anyone wishing to offer written comments about the Avon Police Department’s
ability to meet the standards for accreditation are requested to write to: Commission on
Accreditation for Law Enforcement, Inc. (CALEA), 13575 Heathcote Boulevard, Suite 320,
Gainesville, Virginia, 22030-2215 or call (703) 352-4225 or email calea@calea.org.
There are fifteen minutes allocated on Tuesday’s Council meeting agenda where Avon Council members
have the opportunity to provide their comments about the Avon Police Department directly to the
CALEA assessor(s).
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: David McWilliams, Town Planner
Meeting Date: October 22, 2019
Topic: FIRST READING OF ORDINANCE 19-08, REZONING LOT 16 BLOCK 2 BENCHMARK AT BEAVER
CREEK FROM RESIDENTIAL HIGH DENSITY TO PARKS
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 19-08, rezoning Lot 16 Block 2 Benchmark at Beaver
Creek from Residential High Density to Parks. This item was continued on September 24, and October 10,
2019. On September 24, Council’s initial action to reject the first reading resulted in a 3-3 vote, which
procedurally resulted in no action. Council decided to continue to Oct 10, however there was not a full
Council present on Oct 10 and Council continued the item to the October 22 meeting.
RECOMMENDED MOTION
“I move to reject the first reading of Ordinance 19-08, thereby maintaining the zoning of Lot 16 Block 2
Benchmark at Beaver Creek as Residential High Density based on nonconformance with Code Section
7.16.050(c), Review Criteria, specifically numbers (1), (5), (8), and (11); and nonconformance with the
stated purposes of the Development Code, specifically (e), (g), and (m).”
AVAILABLE MOTIONS
“I move to approve the first reading of Ordinance 19-08 thereby rezoning Lot 16 Block 2 Benchmark at
Beaver Creek from Residential High Density to Park, and setting a public hearing date of November 12,
2019.”
“I move to continue the first reading of Ordinance 19-08 to the November 12, 2019 Town Council
Meeting.”
APPLICATION BACKGROUND
On July 9, 2019 Town Council tasked the Community Development department with initiating a rezoning
of Lot 16 to Parks (P) or another appropriate zone district. Lot 16 is 0.646 acres located on West Beaver
Creek Boulevard and abuts Nottingham Park and Residential High-Density zoned developments. The
property is currently permitted up to 14 dwelling units. This change would codify the parcel’s current use
of parking and access to Nottingham Park and eliminate the possibility of housing on the site.
Staff Review &
Report
PUBLIC HEARING:
PZC
Council & 1st
Reading of
Ordinance
PUBLIC HEARING:
Council & 2nd
Reading of
Ordinance
Current Zoning.
PUBLIC NOTICE
Notice of the meeting was published in the September 12, 2019 edition of The Vail Daily. Mailed notice
of the meeting was sent to all applicable owners within 300 feet of the property on July 24, 2019.
ZONE DISTRICT SELECTION
Staff analyzed the allowed uses in two zone districts (Parks versus Public Facilities, as noted below) and
determined that because Town Council desired to “lock in” the current use, the Parks zone district was
the most appropriate. That is, the Public Facilities (PF) zone district includes many additional uses that
would be incongruent with the current parking, viewshed, and access uses of the parcel. In the table
below, S refers to the use allowed under the Special Review Use process, and P indicates it is Permitted in
the zone district.
Use Category Use Type
Use-
Specific
Regulations
P PF
Residential Uses
Household Living
Dwelling, Single-
Family Detached S
Dwelling, Two-
Family/ Duplex S
Dwelling, Townhouse S
Dwelling, Multi-
Family S
Dwelling, live/ work S
Accessory DU S
Public and Institutional Uses
Community
Services
Art gallery or
museum P
Community centers P P
Library P 7.24.050(a)
Government services,
offices and facilities P P 7.24.050(a)
Post office branches P
Religious assembly S
Day Care
Preschool, nursery
school S 7.24.060(c)
Child care, in home S 7.24.060(c)
Educational
Facilities
College or university
(nonexempt) P 7.24.050(a)
School, K-12 (public
and private) P 7.24.050(a)
School, vocational-
technical and trade P 7.24.050(a)
Parks and Open
Space
Arboretum or
botanical garden P 7.24.050(b)
Community garden P
Community playfields
and parks P
Golf course P
Parks and forest
preserves (private,
not-for-profit
P
Transportation
Bus terminal P 7.24.060(d)
Rail terminal
(passenger) P
Commercial parking
facilities (surface &
structure)
P
Small wind energy
system S S
Wireless
communication
tower and/or
antenna
S S
Commercial Uses
Health Care
Facilities
Medical center/
hospital P
Medical and dental
clinics and offices S
Riding academies S
Electrical supply
stores P
Nursery,
landscaping
supply
P
Industrial Service
(cont'd) Heavy
industrial uses
S
Mining and mineral
extraction S S
Recycling facilities,
drop-off P P
While housing is a priority of the Town, providing dwelling units (or any other use) on this site through
the PF zone district designation was seen as contrary to the motivations of Town Council. The P use, which
are almost exclusively limited to items that directly support the principle park use was therefore chosen
to present in this application.
Staff also recognized the Future Land Use Map as a guiding document for this application and did not want
to veer from the existing direction without undergoing an amendment. The current Residential High
Density (RH) zoning would allow (or would most likely require, due to it being owned by the Town)
Community Housing, and changing the lot to the PF zone district might require a Comprehensive Plan
Amendment in order to alter the Future Land Use Map.
If the goal of the Town is to one day allow for housing, the current zoning and dwelling unit allocation
should remain. The mechanics of accomplishing the Comprehensive Plan Amendment in conjunction with
a PF Rezoning are not overwhelming, but it seems redundant to achieve the same future goals as would
be allowed today. Staff knows the difficulty in turning land perceived to be reserved for parks into housing
but does not anticipate a more streamlined or intuitive process under the PF zone designation.
In their approval of the rezoning recommendation, PZC specifically included a finding which states, “There
exists potential for future housing projects that will achieve the intent of the development code and
Comprehensive Plan.” Staff argues the same point and would therefore recommend maintaining the
current zoning while not pursuing any specific project at this time.
STAFF ANALYSIS
LOT 16 HISTORY
Before Avon was incorporated, in 1974, Lot 16 was included (along with most of the RH properties along
West Beaver Creek Boulevard) as part of Tract G (currently Nottingham Park) in the final plat of the
Benchmark at Beaver Creek (BMBC) subdivision. In 1976, an amendment created most of the residential
lots north of the park, and the site usage was designated for up to 12 condominiums or multi-family
dwelling units. In 1991 the plat designation was converted into RH zoning (with a 14 dwelling units
allotment formed by previous zoning commitments). Subsequently, the property was sold from Buck
Creek Associates to the Town of Avon for $260,001 (roughly $460,000 in 2019 dollars). In 1996, the
current parking lot was installed. Since then, increased visitation to the park has resulted in more use of
the property. Many of the park’s amenities draw people to this intuitive access point, and the Town has
permitted on-street parking since 2015.
TIMELINE
1974 BMBC Final Plat
Does not contemplate any lots between Tract G (park) and West Beaver Creek Boulevard.
1974 BMBC Plat Amendment 1
Creates properties along West Beaver Creek Boulevard and includes the Lot 16 property in Lot 6,
designates 36 condo units to the property.
BMBC Plat Amendment 2 - Staff does not have a record of Amendment 2.
1976 - BMBC Plat Amendment 3
Lot 16 is shown as exists today and has 12 assigned condo/apartment units. By now the majority of
Tract G is encircled.
1978 - BMBC Plat Amendment 4 - Further outlines additional lots within the subdivision, no change to
Lot 16.
1991 - Ordinance 91-10 – Removes the PUD designation and establishes zoning for the area. It specifically
designates Lot 16 with 14 dwelling units. Staff assumes the additional dwelling units were assigned due
to previous zoning commitments that are not properly saved in the record. This was after the Town had
designated the lot as a preferred access location to the park in 1990, but before purchase by the Town
(see next section).
TIMELINE OF FOUNDATIONAL DOCUMENTS
Staff tried to take verbatim the language from different documents over the years. Quotes, maps, and
staff synopsis are shown in order of their appearance, and quotes are in italics for clarity, with their
corresponding subareas of the document displayed before.
1990 Comprehensive Plan
TOWN CORE PLANNING INFLUENCES
Major Transportation Corridors “Key viewpoints from I-70…are identified on the Town Core Planning
Influences Map. Special attention should be given to preserve and enhance views that are crucial to
formulating a positive image of the Town.”
Undeveloped Lands “The few remaining vacant lands that border Nottingham Park are also important to
the image of the Town and the function of the park. The absence of development on these parcels
presently allows views into the park.”
Town Core Planning Influences shows a strong emphasis on views from I-70.
[Proposed] Land Use Plan identifies Lot 16 as Park. The other undeveloped lot on the park (Lot 12) is
proposed to remain Residential. A parking structure is proposed where the Recreation Center is currently
located.
TOWN CORE LAND USE PLAN
Nottingham Park Area “Nottingham Park should be expanded to include the two undeveloped lots on
the north edge of the park. These parcels will ensure visual access to the park from I-70 and permit
public access between residential lots.”
OPEN SPACE AND RECREATION
Existing Recreation Resources “Because of the park’s importance to the passerby impression of Avon,
views into the park from I-70 should be preserved… Visibility to the park is good from I-70 through
presently undeveloped residential lots on West Beaver Creek Boulevard. These lots should be
incorporated as part of the park to ensure visual and pedestrian access from West Beaver Creek
Boulevard. The lots also have potential to be developed into parking spaces that would have direct
access to the lake.”
Parks “Nottingham Park is an attractively designed and highly used public facility. On normal days,
parking is adequate; however, during special events (such as concerts and various community
celebrations), the demand for parking exceeds the supply. Some additional parking should be provided
on the park site. Because of the park’s importance to the passerby impression of Avon, views into the
park from I-70 should be preserved.”
Town Core Urban Design Plan shows Lot 16 as part of the Nottingham Park Planning Area for Subarea
Plans, with a strong emphasis on access.
TOWN SUBAREA DESIGN RECOMMENDATIONS
Subarea 8: Nottingham Park Residential District Does not explicitly mention any design considerations
that would affect Lot 16.
Subarea 9: Nottingham Park and Municipal Center “Develop an overall landscape, circulation, and
signage plan for the area to integrate the various functions into a whole municipal activity center.”
1992 Recreation Master Plan
Image from Nottingham Park Analysis map.
NEEDS IDENTIFICATION What the Community has Requested
CONCLUSIONS “Adding land to Nottingham Park, especially if it would ease parking problems or provide
an even better facility in the long term, was supported by most participants [of focus group meetings].”
FOCUS GROUP SURVEY RESULTS
SPECIAL EVENTS “More parking in and around Nottingham Park is needed…”
The Recommended Master Plan map shows actions for Lot 16 and suggests improved parking on the
east and west sides of the park.
RECOMMENDATIONS AND ACTION PLAN Implementing the Master Plan
Nottingham Park “The Town should move ahead with the purchase of the vacant parcel on the north
side of the park as called for in the Comprehensive Plan. Considerations should be given to other options
such as securing a portion of the property as a trail and vehicular access easement or purchase of an
area wide enough for a small parking lot and a 10’ sidewalk (50’ – 70’ in width).”
September 14, 1993 Town Council Meeting
Meeting minutes discussing the purchase: “Mr. Bill James informed lot 16, a vacant lot, is located on
West Beaver Creek Blvd. next to Buck Creek Condominiums. The Town’s Comprehensive Master Plan
suggests the Town purchase Lot 16 as open space and as a view corridor. The Recreation Master Plan
suggests the Town purchase Lot 16 as a view corridor and also as additional parking and alternate
access to Nottingham Park. Since we have been master planning the entire park area and looking at
building an aquatic center and library on Tract G this seems an opportune time to purchase Lot 16.”
1996 Comprehensive Plan
Staff’s copy of the report lacks maps; no explicit mention of Lot 16 was found.
2006 Comprehensive Plan
Existing/Approved Land Uses map misrepresents Lot 16 as Park.
Community Framework Plans misrepresents additional properties as Park and does not include the view
corridor considerations from previous plans.
The Future Land Use Map shows the lot as Park.
2009 Nottingham Park Master Plan
The "Map of Previous Plan Recommendations" shows the preserved view corridor and potentially
increased parking area.
The plan recommends a new entry monument and a new path from Lot 16 to the park.
RESPONSE
The 1992 Recreation Master Plan and the 1990 Comprehensive Plan are the most pertinent to the
purchase, construction, and subsequent Future Land Use Map designation of Park for Lot 16. Staff does
not deny the great utility in having the lot open for parking, access, and views but does not agree that its
singular dedication to auto oriented access is its highest and best use. After purchase and construction
of parking, Lot 16 appears to have been ignored from a long-range planning perspective, and the ideas
put in place in the early 1990s have merely been recycled in more recent planning documents.
VIEWSHEDS: Viewshed analysis shows that the park and lake are visible from a small section of I-70, but
as time goes on the view has become less pronounced as the landscaping on adjacent lots, Lot 16, and
the park have all matured. Staff assumes this trend will continue, and the largest trees interrupting the
viewshed are on Lot 16.
Google Streets View from 2008 shows a view of the park.
Google Streets View from 2018 shows the landscape maturing and providing less of a view into the park.
Same view from 2016. 2004 Aerial image of Lot 16, with the lake and park above
the image.
PARKING: Although Lot 16 is not the cause of the perceived parking issues along West Beaver Creek
Boulevard its current use plays a role in such issues today. Had this property been developed like the
neighboring properties in the early 1990s with housing and minimal public park entry, the overall look and
feel of the area would be much different. Interest in visiting the park and specifically the beach means
that this area will experience parking pressure. The reviewed planning documents generally speak to
“solving” parking issues. The original design with a few parking spaces originated as a solution to a 1990s
problem the current pressure merits a more comprehensive solution.
As autonomous car technology improves, it is likely that in the future, cars will be able (or required) to
drop people off at their desired destination and retire to a nearby empty space. Anticipating this potential
and creating the appropriate infrastructure to achieve it might be a more appropriate long-term solution
in this location. Staff is not explicitly proposing any physical changes to the property today, but a rezoning
that precludes housing to achieve the current entry use seems short-sighted. It may be more feasible and
practical to convert a portion of the land into housing and redesign an adequate autonomous vehicle
drop-off on the same lot.
PARK ACCESS: All of properties surrounding the park are
completely built-out in terms of density (but form may
change over the years) and have a more urban feel. The
western entrances are either a large parking lot and
unflattering ball courts or a small sliver between dense
housing and the back of the elementary school. The
eastern entrance is wide but interacts with some of the
densest development in the town (Lakeside Terrace,
Falcon Point, Riverfront, Sheridan, etc.). The park’s
defining eastern edge is Lake Street, and besides the Old
Town Hall site (zoned PF), all parking and access is
from the street-side out.
Alternatively, the 1992 Recreation Master Plan
states, “Considerations should be given to other
options such as securing a portion of the property
as a trail and vehicular access easement or
purchase of an area wide enough for a small
parking lot and a 10’ sidewalk (50’ – 70’ in width).”
With the lot owned by the Town, an easement or sharing of the lot is not needed but reserving the ability
to do so in the future is an asset the Town should not dispose of lightly.
HOUSING: Housing pressure in the Valley is real and growing. According to the 2018 Town of Avon
Community Housing Plan (part of the Avon Comprehensive Plan), “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.” Staff cannot speak
to the surrounding communities but does not anticipate that number to be met. A property zoned for
housing and owned by the Town is a tremendous asset, but this application proposes that removing
approved housing density from the valley floor is the best use of the land. Staff does not support this
logic. Due to the site’s current use, perhaps the full 14 units allotted are not an option, but an architect
could design housing that is sensitive to the site needs.
ENVIRONMENTAL CONSIDERATIONS: The impacts caused by pushing housing farther away from the
up-valley job base, such as increased commute distances relating to greenhouse gasses and sprawl
impacting other undeveloped tracts of land, are concerning. The housing crunch in the valley and the
environmental ramifications of displacing by-right housing away from the valley floor are concerning. In
the future creative thinking will be needed to design a solution to Lot 16 that accomplishes seemingly
disparate goals. Limiting creative outlets through a rezoning is not supported by staff.
CHAPTER 7.16.050 – REZONINGS
“The boundaries of any zone district may be changed or the zone classification of any parcel of land
may be changed pursuant to this Section. The purpose is not to relieve particular hardships nor to confer
special privileges or rights on any person, but on ly to make adjustments to the Official Zoning Map that
are necessary in light of changed conditions or changes in public policy or that are necessary to advance
the general welfare of the Town .”
REVIEW CRITERIA
The PZC and Town Council shall use the following review criteria as the basis for recommendations and
decisions on applications for rezonings:
(1) Evidence of substantial compliance with the purpose of the Development Code;
Staff Response: The Purposes section (AMC 7.04.030) states:
a: “Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate
and determine the area of open spaces surrounding such buildings; establish building lines and
locations of buildings designed for specified industrial, commercial, residential and other uses
within such areas; establish standards to which buildings or structures shall conform; establish
standards for use of areas adjoining such buildings or structures”.
Response: Changing the use from the RH to P would regulate the intensity of the property’s use to what
is currently present. The use on and around the property are not proposed to change.
b: “Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town”.
Response: The Avon Comprehensive Plan is discussed in Criteria 2. The 2009 Nottingham Park Plan
mentions protecting viewsheds from the area, enhanced parking, and entry monuments. It is unclear if
these recommendations are directly related to Lot 16 or are more general recommendations for the
north of the park near the property.
e: “Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population”.
Response: Lot 16, as the park entrance, is seen as incompatible with housing in this application. While
there are extremely limited future opportunities to convert other parcels into park space, there are also
extremely limited opportunities to provide Community Housing in the town, and the result could be
additional sprawl.
g: “Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all
public services and public facilities, including but not limited to water, sewage, schools, libraries,
police, parks, recreation, open space and medical facilities”.
Response: The application changes use to Park, a limited resource in the Valley. However, the
application may use valley floor land less efficiently than the original zoning. Facilities and services are
well established in the Valley floor, and the application risks further limiting opportunities to build
Community Housing in intuitive locations.
k: Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values”.
Response: The natural scenic beauty of the area is preserved in this application.
m: “Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources and attain sustainability”.
Response: This application argues that the rezoning is neither an achievement nor failure in innovative
use of space. Certainly the balance of park space versus housing space could be construed differently
by different people. Staff feels that a balance whereby housing and park access can be provided on the
site through innovative design. Also, by limiting housing in intuitive areas, use of non-renewable natural
resources will probably increase.
(2) Consistency with the Avon Comprehensive Plan;
Staff Response: The Avon Comprehensive Plan does not explicitly mention Lot 16, but the Future Land
Use map, as part of the Comprehensive Plan, shows Lot 16 as Park. The property is located within the
Nottingham Park District, which generally speaks of preserving views, supporting the 2017 Tract G
planning effort, and connectivity. The parcel is bordered on two sides by the Valley Residential District,
which mentions redevelopment of residential uses for higher density and attainable local housing and
landscaping that softens the visual impact of structures.
According to the Comprehensive Plan, “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.” The goals and policies section of the Comprehensive Plan states:
E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve
all segments of the population.
Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local
working families.
Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-
in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building
fees, and public-private partnerships that reduce the price of units.
Policy E.1.4: Integrate attainable housing within large developments and throughout Town.
Policy E.1.5: Encourage “no net loss” of attainable housing in redevelopment.
Policy E.2.4: Site attainable housing with multi-modal transportation options and facilities, including bike
and pedestrian paths.
Goal H.1: Provide an exceptional system of parks, trails, and recreational programs to serve the year -
round needs of area residents and visitors.
Policy H.1.1: Evaluate and seek parcels or easements for open space, trails, and recreation.
Policy H.1.2: Manage, protect, and plan for public open space. Analyze trail maintenance and rule
enforcement in open space.
Staff encourages implementation of Policy H1.1 in that an easement on the property and sensitive site
design could provide an almost equivalent experience for visitors while providing some dwelling units on
the property.
The parcel is not directly designated for Community Housing, but the Town’s flat, well served parcel in the
center of Town should not be taken lightly as an asset for potential development. The Community Housing
Plan (part of the Comprehensive Plan) states, “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.” Goals and Objectives in the plan include:
• 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.
• 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 [in] Avon.
• 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.
(3) Physical suitability of the land for the proposed development or subdivision;
Staff Response: Lot 16 has proved suitable as a park entrance and its formal adoption as P would continue
to suit the site.
(4) Compatibility with surrounding land uses;
Staff Response: Lot 16 is bordered by two existing high-density residential developments and the park.
Rezoning to P would be compatible with the park use.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the
character of the area proposed to be rezoned;
Staff Response: Due to its unique amenities, the park will experience increased pressure in coming years
as the valley continues to develop. The current drop-off and entrance use of the park may experience
more pressure and codifying an increase in the park space may be beneficial. Alternatively, the housing
shortage could dictate that the parcel remains RH and opportunities for development be explored in the
future.
(6) Whether there are adequate facilities available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, while maintaining adequate
levels of service to existing development;
Staff Response: There are adequate facilities to serve the proposed use. Additional restrooms may be
required.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
Staff Response: “The purpose of the P district is to promote and encourage a suitable environment
devoted to parks, recreation improvements, trails and organized recreation uses for the enjoyment of all
members of the community. There are no dimensional requirements for this district. Active recreation
facilities and structures will be developed according to the Comprehensive Plan.” The rezoning would
codify the extension of the park into Lot 16.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts
upon the natural environment, including air, water, noise, stormwater management, wildlife
and vegetation, or such impacts will be substantially mitigated;
Staff Response: The rezoning may result in reduced localized residential-driven impacts. Alternatively,
the rezoning may increase housing pressure in distant areas not suitable for development, increase
commute distances, and limit locals on the valley floor.
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract;
Staff Response: The pressure on West Beaver Creek Boulevard is not anticipated to change due to the
application.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as
reflected in the approval of the applicable PUD; and
Staff Response: Not Applicable.
(11) Adequate mitigation is required for rezoning applications which result in greater
intensity of land use or increased demands on public facilities and infrastructure.
Staff Response: The rezoning codifies the existing use of the land which in some respects is more intense
than the currently allowed use. No mitigation is proposed at this time.
AVAILABLE OPTIONS
Upon conducting a public hearing, Town Council has the following options:
1. Approve the first reading of Ordinance 19-08 approving P zoning on Lot 16.
2. Reject the first reading of Ordinance 19-08 maintaining the current RH zoning on Lot 16.
3. Continue the Application to November 12, 2019.
4. Table the Application pending further information.
RECOMMENDATION
Staff recommends rejection of the first reading due to the application’s nonconformance with Code
Section 7.16.050(c), Review Criteria, specifically numbers (1), (5), (8), and (11); and noncompliance with
the stated purposes of the Development Code, specifically (e), (g), and (m). The parcel can be revisited
for development in a few years.
ATTACHMENT
Ordinance 19-08
LINKS
Avon Comprehensive Plan
http://www.avon.org/DocumentCenter/View/83/Comprehensive-Plan?bidId=
Avon Housing Plan
https://www.avon.org/DocumentCenter/View/18728/Avon-Housing-Plan
Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District
FIRST READING – October 22, 2019
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-08
REZONING LOT 16 BLOCK 2 BENCHMARK AT BEAVER CREEK
AVON, COLORADO, FROM RESIDENTIAL HIGH DENSITY TO PARK
RECITALS
WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone Lot
16 Block 2 Benchmark at Beaver Creek Subdivision, Avon, Colorado (“Property”) from
Residential High Density to Park;
WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held public hearings on August 6, 2019 and August 20, 2019;
and prior to formulating a recommendation to the Town Council considered all comments,
testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and a
Record of Decision on August 20, 2019, in accordance with AMC §7.16.020(f), making a
recommendation to the Town Council to approve the Application for Park zoning;
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 approve 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 September 24, October 10, and
October 22, 2019 to consider the Application and first reading;
WHEREAS, the Town Council held a Public Hearing on November 12, 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, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has
considered the applicable review criteria for rezoning and finds that the criteria are met in
accordance with the Findings of Fact;
WHEREAS, the Property is located adjacent to property owned by the Town of Avon which
is currently zoned Park (P) and the Property is intended for use as a park;
WHEREAS, the Town Council finds that the rezoning from Residential High Density to the
Park district will promote the Avon Comprehensive Plan, and will thereby promote the health,
safety and welfare of the Avon community; and
Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District
FIRST READING – October 22, 2019
Page 2 of 3
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town
Council desires to comply with 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.
NOW THEREFORE, 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. Rezoning. Lot 16 Block 2 Benchmark at Beaver Creek Subdivision, Avon,
Colorado, is hereby rezoned from Residential High Density to the Park district.
Section 3. 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 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30)
days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic 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 6. 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
Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District
FIRST READING – October 22, 2019
Page 3 of 3
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 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Section 9. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED
TO PUBLIC HEARING on October 22, 2019 and setting such public hearing for November 12,
2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela
Way, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on November 12, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
___________________________
Paul Wisor, Town Attorney
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 1 of 7
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: October 22, 2019
Topic: FIRST READING OF ORDINANCE 19-09, APPROVING A VESTED RIGHTS EXTENSION AND MINOR
PUD AMENDMENT FOR LOT 1 RIVERFRONT SUBDIVISION
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 19-09, approving a Vested Rights Extension and
Minor PUD Amendment for Lot 1 of the Riverfront Subdivision.
UPDATES
This application was heard by the Town Council on October 10, 2019. After hearing a wide range of
comments and questions the Town Council continued the first reading for the applicant to be respond
accordingly. The following list represents updates to the PUD Development Plan since the last meeting:
- Now incorporates Planning and Zoning Commission’s recommended conditions related to 50’
building height and encroachments into 10’ road setback.
- Clarifies the intent of 10’ road setback encroachments and the necessary process for which these
encroachments would be reviewed.
- Specifies that no more than 2,000 square feet of building footprint can be between 45’ and 50’ in
height.
- Commitment to construct two (2) 1-bedroom units or 1,000 square feet of deed-restricted housing
for full time Eagle County workers.
In addition to these changes to the PUD Development Plan, the Ordinance exhibit related to the Vested
Rights Extension now clearly illustrates Phase 1 and Phase 2.
AVAILABLE ACTIONS
1. Approve the first reading of Ordinance 19-09 as drafted.
2. Approve the first reading of Ordinance 19-09, with modifications.
3. Continue to November 12, 2019, or other meeting defined by Town Council.
4. Direct staff to prepare findings of fact and record of decision to deny the applications.
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 19-09, thereby approving a Vested Rights Extension and
Minor PUD Amendment for Lot 1 Riverfront Subdivision and setting a public hearing date of November
12, 2019.”
APPLICATION SUMMARY
Points of Colorado, Inc. (“the Applicant”), requests a Vested Property Rights Extension and Planned Unit
Development (PUD) Amendment (collectively “the Application”) to allow greater flexibility for a future
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 2 of 7
phased project on Lot 1, Riverfront PUD and Subdivision (“the Property”). The Applicant has authorized
East West Partners to act on their behalf for this review process since East West Partners is actively trying
to purchase the property for this future development.
The Riverfront PUD Development Plan, the governing zoning document, entitles the Property with two
separate buildings. The Application proposes the following amendments:
• Removal of building footprint stipulations and resultant building massing requirements
• Ability to construct aerial encroachments up to 6’ into the 10’ road setback, subject to design
review recommendations of Planning and Zoning Commission and final action by Town Council
• Architectural Guideline changes for retaining walls, massing approaching the river, and overhangs
• Modifications to building height for limited area along southern setback line
The Vested Property Rights are currently scheduled to expire on March 18, 2021. With a phased project
contemplated, the prospective owners of the Property are requesting an extension to March 18, 2024 for
a first phase, and March 18, 2025 for a second and final phase.
Details of the Application are included as: Attachment A – Riverfront Village Narrative, and Attachment B
– Cover Letter for Vested Rights Extension. The record of the Planning and Zoning Commission’s
affirmative recommendations are attached as Attachment C. Lastly, a draft Ordinance set to approve the
Application, is attached as Attachment D. For further details with respect to the PUD Development Plan
amendments please refer to Exhibit B to the Ordinance, also attached hereto.
PROCESS
Minor PUD Amendment
This request is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets
forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the
same process. According the Avon Development Code, a proposed PUD amendment is considered
minor if it meets the following criteria for decision and has been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of nonresidential land
use or significantly alter any approved building scale and mass of development.
(B) The PUD amendment does not change the character of the development and maintains the
intent and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space or result
in a change in character of any of the open space proposed within the PUD.
The application, as submitted, meets the criteria for a Minor Amendment. The review procedures
require public hearings with the PZC and Council. Council makes the final decision after another public
hearing and action on an Ordinance for approval, or denial by motion and vote.
Vested Property Rights
Landowners may request extensions of vested property rights by applying at least six (6) months prior
to the expiration of the vested property rights. Public hearings are required by the Planning and
Zoning Commission and Town Council. Action is by ordinance of the Town Council.
Public Notification
Pursuant to Avon Municipal Code Table 7.16-1: Development Review Procedures and Review Authority,
the Vested Rights and Minor PUD Amendment applications both require mailed public notice. The mailed
notification was provided to all owners within 300’ of the property on August 23, 2019. Published
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 3 of 7
notification is also required for both applications. A legal notification was published in the August 23,
2019 edition of the Vail Daily newspaper in advance of the first scheduled meeting with the Planning and
Zoning Commission on September 3, 2019. The Planning and Zoning Commission continued the public
hearing until September 17, 2019, at which time they concluded their public hearing. Another published
notification for the second hearing before Council will be scheduled accordingly.
PZC REVIEW
The Planning and Zoning Commission held a public hearing to consider the Application on September
17, 2019. Overall, the Commission’s review was extremely positive. They focused their review and
comments on what types of improvements should be permitted within the 10’ street setback, as well
as the absolute height of the planned building that approaches the recreation path on the south side of
the building. After reviewing existing PUD language that allows similar types of improvements (i.e.
balconies, roof overhangs) in the 75’ river setback, the Commission gained comfort with similar building
encroachments for Lot 1 up to 6’ into the 10’ street setback, with the condition that there be at least
twelve foot (12’) clearance between the ground and the lowest encroachments. Upon learning more
about the Phase two building and its relationship with the recreation path, the Commission
recommended a reduction in building height from 55’ to 50’ to ensure that the building effectively steps
down toward the adjacent path and river.
At the meeting there was little discussion regarding the Vested Rights Extension. The Planning and
Zoning Commission provided a recommendation for approval of the extension without reservation.
APPLICATION REVIEW CRITERIA
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the Town Council shall consider the following
criteria when forming the basis of a decision on the Minor PUD Amendment:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC,
includes statements regarding the implementation of the Comprehensive Plan; regulating intensity
of use; avoiding increased demands on public services and facilities; and providing for compatibility
with the surrounding area, among other statements. The Application and amendments would
preserve the environmental resources of the river and result in more flexibility with the form of
future development.
Open space provisions, access, preservation of the river corridor, trails, and sidewalks are
established and unaffected with this amendment. Other development standards would remain
intact (i.e. allowed uses, special review uses, parking). The Application advances many
Comprehensive Plan policies, along with subsections (n) from the Purpose Statement of the
Development Code.
When the Riverfront PUD was established, Lot 1 was designed at a conceptual level for a timeshare
development. It is highly unlikely that timeshare use would be pursued with a new development
team, thus new housing choices could be created by a different project type with a variety of unit
sizes. As noted in the applicant’s narrative, the density will be less than the currently approved
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 4 of 7
development. The current approval for Lot 1 comprises 101 timeshare units, each with the ability to
lock off a separate accommodation unit.
Lastly, the removal of the building footprint requirements would by its nature afford a more
creative site design that can adapt to the current conditions and tie into the Westin Hotel, adjacent
streetscape, and riverfront path connection.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the
Town, its residents, or guests.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: The proposed PUD
amendment is part of an established
PUD and is therefore not subject to the
eligibility criteria or Public Benefit
requirements outlined in §7.16.060(b).
Consistency with the Comprehensive
Plan is required, and analysis is
provided below. The Comprehensive
Plan includes this property within
District 2: The Riverfront District.
The Riverfront District encompasses all
property surrounding the Eagle river
along the entire length of Town. The
planning principals for The Riverfront
District speak heavily to connectivity
and respecting the river environment.
All the planning principles are included
herein, with bolded principles that
relate specifically to this Application.
• Improve and enhance connections to the linear park along the river, the Eagle Valley Trail,
Town Center, Beaver Creek, and Nottingham Park.
• Seek easements where appropriate for river access.
• Limit access to the Eagle River to strategic locations for overall riparian health.
• Provide transit connections between Town Center and Riverfront District.
• Add sidewalks and landscaping along roads.
• Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site
planning, architectural detailing, articulation, and appropriate setbacks, color, screening,
and scale of structure to preserve the character of the river and its associated natural
habitat.
• Limit building height to a scale that is subordinate to Town Center and compatible with
the river environment. Buildings should be designed to step down in height as they near
the river and in response to the natural topography.
• Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for
development in proximity to the river.
• Locate parking areas and building services away from the river and reduce their impact on
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 5 of 7
the river corridor.
• Plant indigenous trees and shrubs to screen existing large residential buildings along U.S.
Highway 6 and provide landforms and landscaping between residences and U.S. Highway 6.
• Minimize the loss of trees and impact to the riparian area while achieving urban design goals.
• Develop a vibrant mix of uses consisting of bed-base development, commercial
development, recreation, and open space along the river in the area closest to Town
Center.
• Examine the potential to develop pedestrian and bicycle connections between Stonebridge
Drive and the Village at Avon District.
A previous amendment in 2017 provided for an easement and another riverfront path connection
to the regional bike trail. Buildings would be sited to protect the river by maintaining the 75’ riparian
setback and stepping down when approaching the river side of the development. It is expected
that future development will be at a lower overall scale compared to the existing development plan
approvals.
The following Goals and Policies from the Comprehensive Plan are reinforced by this application:
Policy A.1.4: Encourage development that is consistent with the overall Built Form according
to the Built Form Diagram (page 8 of the Comprehensive Plan).
Policy B.1.2: Focus lodging and guest accommodation in the Town Center.
Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse
commercial and employment opportunities, inviting guest accommodations, and high quality
civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year-
round residential community and as a commercial, tourism and economic center.
Goal C.1: Ensure that development is compatible with existing and planned adjacent
development and contributes to Avon’s community image and character.
Goal D.3: Increase the number of visitors to Avon by enhancing the year-round mountain
resort community.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
Staff Response: This PUD amendment does not change the demands or ability of future
development to be served by existing installed or planned facilities and services. A reduced
demand on special services is expected.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing zoning, the proposed Minor PUD Amendment will
not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air.
The site was platted and graded out during the formation of the Riverfront PUD and Subdivision in
2006-2007. Since that time, it has been used occasionally for overflow or event parking. It is
expected that the entire site would be disturbed for construction, whereby the storm water
management would be tied into the existing systems in place.
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 6 of 7
The Planning and Zoning Commission focused their review on the 6’ encroachment request into the
platted 10’ roadway easement bordering Riverfront Lane. This type of aerial encroachment is akin
to the allowance for projections of balconies and roof overhangs into the 75’ river setback. The
Commission recommended a stipulation that this type of encroachment cannot occur at the ground
level and may only occur 12’ or above adjacent topography. These recommendations are now
clearly delineated on the PUD Development Plan. Any encroachments into this setback would
require another review by Planning and Zoning and the Town Council through Development Plan
review.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: No impacts exceeding those expected with the current development plan approval
would be experienced. Impacts are generally contained within the property and would be
mitigated accordingly.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: The future uses on the subject tracts would remain residential/resort and
consistent with other properties in the vicinity. The scale and density of development is retained
and overall dwelling unit range for the subdivision.
Vested Rights Extension Guidelines
Pursuant to §7.16.140(e)(2), Duration of Vested Right, AMC, the following criteria shall be considered
when determining whether to grant vested property rights extensions.
(i) The size and phasing of the development, specifically, but not limited to, whether the
development can be reasonably completed within the vested rights period;
(ii) Economic cycles and specifically but not limited to resort community economic cycles,
regional and state economic cycles and national economic cycles;
(iii) Market conditions and specifically but not limited to absorption rates for leasing and
sales of similar development projects;
(iv) Compliance with the Avon Comprehensive Plan and other community planning
documents;
(iv) Proposed public amenities and benefits that enhance the project and the overall
attractiveness of the Avon community, including the degree to which such public
amenities and benefits are defined in terms of design, timeframe and phasing with
development;
(v) Projected public financial benefits or costs estimated to be caused by the development
project, including the timeframe for realization by the Town or other public entities and
potential costs for operation and maintenance of any new public amenities or
infrastructure dedicated to the Town or other public entities;
(vi) The breadth and scope of the requested vested property right, including but not limited
to the extent to which such vested property right restricts the Town's ability to apply
future legislatively adopted fees and regulations for the purpose of providing public
infrastructure, public services and public facilities and for the purpose of meeting
evolving community needs;
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 7 of 7
(vii) The terms of any existing site-specific development plans with development
agreements for the applicant's property that specify the duration of vested property
rights;
(ix) Any proposed modifications to previously approved vested property rights to
address changed conditions within the Avon community, compliance with the
Comprehensive Plan and other community planning documents or
performance of previously approved site-specific development plans; and
(x) Any other factors deemed relevant by the Council when determining to grant a
vested property right for a period greater than three (3) years.
Staff Response: Absorption rates, and the ability to design and phase a project on this property
are real and valid considerations for PZC. The request for an addition one year of vested rights
for a second phase of a phased project is commensurate to an elongated schedule for
completion. The exhibit to the Vested Rights Extension now clearly defines the Phase 1 and
Phase 2 intention, which adds further certainty to the expected development pattern.
ATTACHMENTS
A – Riverfront Village Minor PUD Amendment Narrative, dated August 5, 2019
B – Vested Property Rights Extension Request Letter, dated August 9, 2019
C – Planning and Zoning Commission Records of Decision and Recommendations
D – Ordinance 19-09
Exhibit A -Vested Rights Extension
Exhibit B -Amendment to PUD Development Plan for Lot 1
RIVERFRONT VILLAGE
Minor PUD Amendment
Minor PUD Amendment Submitted:
Lot 1 | Riverfront Village PUD August 5, 2019
FOR TOA REVIEW
Attachment A
2 | Page
A. INTRODUCTION
The applicant and owner Points of Colorado, Inc. is hereby requesting a Minor PUD Amendment to
amend Lot 1 of the Riverfront PUD and Subdivision.
As represented in Exhibit B to Ordinance 17-16 (see Sheet 3 of 3 below) the PUD Development Plan
currently in effect identifies specific building footprints for Lot 1. The specific development plan and
density represented is no longer valid. The goal of the request is to amend the exhibit to remove the
specific building footprints in order to provide greater flexibility in site design. In addition, the minor
PUD amendment proposes the density for Lot 1 to be lowered to a range of 60 to 100 units, where
previously a density of close to 100 units was targeted for Lot 1. This maintains the density in the
current PUD for Lot 1 while allowing flexibility for a reduced density of units and different configuration
upon the site to be determined during the development plan design and review process. These updates
in the PUD will allow the development to adapt to site and market conditions.
Sheet 3 of 3 of Riverfront Subdivision – Exhibit B to Ordinance 17-16
*Note specific building outlines and footprints that are included in the development plan for Lot 1.
These outlines are proposed to be removed from Lot 1 by this minor PUD amendment application.
Attachment A
3 | Page
Specifically, the applicant is requesting the Town of Avon to remove Sheet 3 of Exhibit B of the PUD
Development Plan and replace with an updated exhibit showing a sub-division plan with no specific
building footprints upon Lot 1 (reference figure A). In addition, an enlargement plan of just Lot 1 is
included with the amendment as new Sheet 4, showing all existing easements and setbacks in Lot 1
maintained per the original PUD (reference figure B).
Figure A. New Sheet 3 of Exhibit B for Lot 1 PUD Development Plan showing building footprints on Lot 1 removed.
Figure B. New Sheet 4 of Exhibit B Lot 1 PUD Development Plan showing Lot 1 with PUD setbacks and easements.
Attachment A
4 | Page
The applicant is also requesting minor amendments to Sheets 1 and 2 of Exhibit B, consisting of re-
defining the minimum building setback along the southern boundary of Lot 1, the allowance for a 6’
encroachment for balconies and eaves into the 10’ road right-of-way setback, adjustment to Lot 1 height
limitation in the Land Use Table, and a minor revision to language in the design standards, specifically
to site and architectural guidelines that apply to Lot 1 exclusively.
Minor amendment to General Notes of Sheet 1 - Item 2a and 2c:
In reference to item 2a of the General Notes, the current language identifies the minimum building
setback for the southern portion of Lot 1; as the Northern Boundary of Tract “A” or 75’ from the Mean
Annual High-Water Mark. The applicant is proposing that the minimum setback from the river on Lot 1
coincide with the northern boundary of the utility, path, and drainage easement located along the
southern boundary of Lot 1, because this easement line is essentially the de facto setback. This proposed
setback is more restrictive than what the current language describes and will ensure ample space
between the development, pedestrian path, and the river. The applicant is proposing the following
language for item 2a. “River: all buildings shall be setback the more restrictive of i) seventy-five feet
(75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A".
Notwithstanding the foregoing, Lot 1's minimum setback shall be the northern boundary line of the
utility, path, and drainage easement located along the southern boundary line of Lot 1.
Encroachments for porches/decks/overhangs/eaves are permissible subject to design review and
easement grantees approval as to specific locations and dimensions.”
In reference to item 2c of the General Notes, the current language allows for 3’ aerial encroachments
into the 10’ minimum building setback from road rights-of-way, but only for the northwest wing of
Building F, which is currently the Westin Hotel. The applicant would like to allow for 6’ aerial
encroachments of eaves and balconies into the right-of-way building setback on Lot 1. This will allow
the applicant to maximize the useable building area within the lot and provide design flexibility that will
translate into a more interesting roof design and building façade. The applicant is proposing the
following language for item 2c. “Right -of -way: Buildings shall have a minimum setback of ten feet
(10') from road rights-of -way. Subterranean encroachments shall be permitted into this setback.
Aerial encroachments (such as balconies and eaves) of up to six feet (6') shall be permitted into this
setback for all buildings located on Lot 1.”
Minor amendment of Land Use Table, Lot 1 Height Limitations:
The applicant is proposing eliminating reference to buildings ‘G’ and ‘H’ in the portion of the table
addressing height limitations for Lot 1, and in keeping with the elimination of specific building
footprints for buildings G and H in Sheet 1 of the Exhibit B. The applicant is proposing the following
language to replace the prior language: “105’ maximum height limitation, except areas of the lot falling
within 50’ from the southern boundary, where a maximum height of 55’ will apply.”
This new language addresses the prior height limitation along the southern edge of the project where
Building ‘H’ was previously proposed along the majority of the southern frontage of Lot 1 and the Eagle
River open space and recreation corridor. The current development concepts for Lot 1 contemplate a
greater opening to the River, with less massing along the southern edge of Lot 1 than the original design
of Building H, which was contemplated to be 45’ maximum height. The proposed maximum height of
55’ within the first 50’ of the lot along its southern boundary, will ensure the River corridor is
maintained, while allowing the development to take advantage of the river frontage in a manner that is
in scale and compatible with surrounding development and the adjacent recreation path connection.
Attachment A
5 | Page
Only small portions of new buildings are contemplated to be within 50’ of the southern boundaries, and
these minor protrusions are anticipated to be no greater than 3 to 4 stories, within the proposed 55’
height limit for this zone.
Minor amendment of Architectural Guidelines:
The following amendment to PUD Design Standards Section II. Site and Village Guidelines, C. Site,
Materials and Colors, 2. Site Walls, and Section IIIA. Architectural Design Guidelines, A. Building Form
and Massing items 2 and 7 are proposed to apply to Lot 1 only, to introduce more flexibility in the
architectural expression of the future development and use of natural materials: (reference bold
italicized text for new proposed text additions and or strike-out and deletions).
Section II. Site and Village Guidelines, C. Site, Materials and Colors, 2. Site Walls, a):
Site walls shall make use of more contemporary materials such as colored concrete masonry,
stained concrete, board-formed concrete, and similar materials, in colors complementary to the
site and its buildings. Site walls shall relate to plaza materials and building bases to help visually
merge the ground plane around the site. Boulder walls shall be permitted in those areas where
walls transition the project to natural and surrounding grades and shall require the approval of
the Planning and Zoning Commission during design and development plan review.
Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 2
Smaller masses, such as portions of the building or elements such as porte-cocheres, etc., will be
used to break up the apparent size of larger building forms. Smaller masses positioned in front
of large masses will be used to reduce the visual dominance of the larger forms, with particular
emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located
along the river corridor and recreation path interface.
Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 7
Given the modern alpine character of the architecture at Riverfront Village, relatively small roof
overhangs are encouraged for buildings on Lots 1, which are visually and compositionally related
to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At
other locations within Riverfront Village the minimum roof overhang shall be 24 inches for
primary roofs and 12 inches at secondary dormers.
Aside from the items requested in this Minor PUD Amendment, all other aspects of the current PUD
remain un-altered and in effect for all Lots that are part of the PUD.
The overall property is 1.7 acres and is surrounded by the Eagle River to the south, Riverfront Lane to
the north, Avon Road to the east and the Westin Riverfront Hotel to the west. The Eagle Valley Regional
Trail and the Riverfront park that border the site to the south are part of the program of amenities and
public benefits that have been implemented as part of the Riverfront PUD. The proposed Minor PUD
amendment respects setbacks and easements established by the original PUD in 2006 and recorded
amendment in 2017. The PUD amendment proposes only to remove specific building footprints
previously assigned to Lot 1. There are no proposed changes in allowed uses or density for the
Attachment A
6 | Page
Riverfront PUD as part of this amendment. A range of density from 60 to 100 units is requested to
provide greater flexibility for the development to adjust to market conditions. Preliminary development
concepts will be shared with the Town during the minor PUD amendment review demonstrating the
intended development plan consistent with the requested PUD amendment.
The remainder of this narrative provides an evaluation of the proposed Minor PUD amendment against
the criteria for review as set forth by the Town, as well as an analysis of compliance against the Town’s
Comprehensive Plan and Development Code.
B. CRITERIA FOR REVIEW
Section 7.16.060. (e)(4) establishes the criteria for review of a PUD amendment. Section
7.16.060(e)(4) states:
Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a
recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD
plan, or process a PUD amendment:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in the over what could have been accomplished through strict application
of otherwise applicable district or development standards. Such improvements in quality may include
but are not limited to: improvements in the open space provision and access: environmental
protection; trees / vegetation preservation; efficient provision of streets, roads, and other utilities and
services; or increased choice of living and housing environments.
Applicant Response: The proposed minor amendment to the Riverfront Village PUD is to remove the
specific development plan and building footprints previously assigned to Lot 1 and to allow a decreased
range of density from 60 to 100 units. This request will provide greater flexibility for the development to
adjust to market conditions. The request is appropriate as it respects all original easements and setbacks
of the property and remains consistent with the original approval of the Riverfront Village PUD.
Eliminating specific building footprints may allow a reduction in the overall size, bulk and mass of the
proposed condominium buildings. The amendment will allow future developments to apply different
units and development prototypes that are more appropriate for present day market conditions and
demands.
The amendment honors the town’s 75’ riparian stream setback, and the open space and recreation
corridor previously established by the Riverfront Village remains intact. With the 2017 PUD
amendment an easement for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane
was provided to the Town by the Owner of Lot 7, significantly benefitting the Town’s overall pedestrian
circulation network. As part of the creation of the PUD in 2006 an Employee Housing Contribution of
$846,000 was made by the master developer to meet the Town’s housing requirements, and with the
2017 PUD amendment (2) deed restricted units are included in the Lot 4 Riverfront Lodge development.
These are examples of actions taken as part of the PUD that are of substantial benefit to the Town.
Attachment A
7 | Page
This PUD Amendment is not subject to the Town’s new inclusionary housing standards as Ordinance
19-03 clearly states that “Properties with pre-existing vested rights are exempt from these
requirements.” [Section 3(c)(3)] The Town has specifically acknowledged and approved the currently
existing vested rights for Lot 1 per Ordinance 17-16. All obligations as related to employee housing
were included as part of the original PUD approval for Riverfront Village. In that density is not being
increased for Lot 1 by this Amendment, the minor design changes do not trigger additional employee
housing obligations.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Applicant Response: All aspects of the current Riverfront Village PUD remain in place and in effect as
originally approved in 2006. The PUD amendment only seeks flexibility in density for Lot 1, to allow a
revised development concept but otherwise remains consistent with the overall vision and land uses for
the area within Lot 1. Remaining consistent with the original PUD will promote the public health,
safety, and general welfare of the Town. Open space has been preserved and public river access is
being maintained via this Minor PUD Amendment application.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7. I 6.060(b);
The eligibility criteria for a PUD are outlined in Section 7. I 6.060(b) and state the following:
(I) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD
approval.
(2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the
Avon Comprehensive Plan.
(3) Consistent with PUD Intent the proposed development shall be consistent with the intent and
spirit of the PUD purpose statement in §7. I 6.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not impede the continued
use or development of surrounding properties for uses that are permitted in the Development Code or
planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future residents
and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be
infeasible or unlikely.
(6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or
other significant features or open space will be achieved, where such features would otherwise be
destroyed or degraded by development as permitted by the underlying zoning district
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with
all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses
in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood.
Attachment A
8 | Page
Applicant Response: As demonstrated within this document, all aspects of the current Riverfront Village
PUD remain in place and in effect as originally approved in 2006 and amended in 2017, and therefore
the PUD amendment is consistent with the Avon Comprehensive Plan and the eligibility criteria
outlined in §7. I 6.060(b) and the purpose of the Town’s Development Code. The PUD amendment
seeks greater flexibility in density as well as minor revisions to the site guidelines of the PUD
Development Plan as described in the introduction. No deviations or variances from the Town’s
Development Code are proposed nor anticipated in association with the minor PUD amendment. The
proposal is consistent with the eligibility criteria for a PUD given the conformance and adherence to all
aspects of the original PUD Development Plan approval granted in 2006 and amended in 2017.
The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon
Development Code:
The Development Code is intended to promote and achieve the following goals and purposes for the
Avon community, including the residents, property owners, business owners and visitors:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade, industry,
residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine
the area of open spaces surrounding such buildings; establish building lines and locations of buildings
designed for specified industrial, commercial, residential and other uses within such areas; establish
standards to which buildings or structures shall conform; establish standards for use of areas adjoining
such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets and
roadways, promote effective and economical mass transportation and enhance effective, attractive and
economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes costs to
taxpayers and users; and promote sufficient, economical and high-quality provision of all public
services and public facilities, including but not limited to water, sewage, schools, libraries, police,
parks, recreation, open space and medical facilities;
Attachment A
9 | Page
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wildfire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards;
(i) Achieve or exceed federal clean air standards;
j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams
and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic views,
provide recreational opportunities, sustain the tourist-based economy and preserve property values;
(I) Promote architectural design, which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve efficiency,
reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable
natural resources and attain sustainability;
(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;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting
accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
Applicant Response: As demonstrated within this document, the proposal is consistent with and in
substantial compliance with the purpose of the Development Code by allowing greater flexibility in
overall density, and a potential reduction than is currently allocated for Lot 1. The proposal will
maintain setbacks to the sensitive riparian area within the 75’ stream setback that will remain mostly
open space. A previous amendment in 2017 resulted in a new easement at the west end to allow for
additional connectivity from Riverfront Lane to the Eagle Valley Regional Trail. This easement has been
provided to the Town in 2018. No deviations or variances from the recorded PUD for Riverfront Village
are proposed nor are anticipated in association with the minor PUD amendment. The ultimate
development plan will meet the goals of Avon’s Comprehensive and Development codes by providing a
development concept that promotes quality real estate compatible with surrounding land uses and
fulfills the vision of the Riverfront Village PUD. Further, we have complied with the requirements for
employee housing as part of the PUD in 2006 and 2018.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable will be available to serve the subject
property while maintaining adequate levels of service to existing development;
Attachment A
10 | Page
Applicant Response: Facilities are in place and available per the current development in place at
Riverfront Village PUD and the infrastructure and service network is already implemented in
anticipation of the full build-out for the PUD. All utility and access easements are in place as originally
established by the original PUD, and they are being honored and preserved. The development may
connect underground to the Westin hotel garage, which would further alleviate stacking on Riverfront
Lane when large volumes of traffic are entering the hotel drop-off.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
Applicant Response: Given the proposed flexibility in density from the current PUD underlying zoning,
the PUD amendment proposal is not likely to result in significant impacts to the natural environment.
The existing easements including the 75’ stream setback will be maintained and respected along the
Eagle River and the Eagle Valley Regional Trail.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
Applicant Response: The proposed PUD remains consistent with the current PUD in effect, with the
same land use assignments and similar condominium concept. Only greater flexibility in the overall
density is proposed by the PUD amendment, which is not likely to result in significant adverse impacts
upon other property in the vicinity of the subject tract.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses
on other properties in the vicinity of the subject tract.
Applicant Response: The proposed amendment is to allow greater flexibility in the overall density of
development in the areas occupied by Lot 1. The proposed range of density of 60 to 100 units will
allow the applicant to create a development plan that responds to current economic and market
conditions. The density is not increased per the original PUD approval and there is no change in the
existing underlying residential land use. Therefore the uses on the subject tract will be compatible in
scale with uses or potential future uses on other properties in the vicinity of the subject tract.
Attachment A
Attachment B
Attachment B
Attachment C
Attachment C
Attachment C
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 1 of 8
TOWN OF AVON, COLORADO
ORDINANCE 19-09
AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS AND
APPROVING A MINOR PUD AMENDMENT FOR LOT 1, RIVERFRONT
SUBDIVISION
WHEREAS, the Town of Avon (“Town”) is a home rule authority 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, Points of Colorado Inc. (“Applicant” and “Owner”) has submitted a Vested
Property Rights Application dated August 9, 2019 (“Vested Rights Application”) to amend the
term of vesting outlined in the Amended and Restated Development Agreement for the Confluence
approved by Ordinance 06-03 (“Development Agreement”), as subsequently amended by
Ordinance 17-17, which vested rights are currently set to expire March 18, 2021; and
WHEREAS, Owner intends to develop Lot 1 in two phases, with one building being
constructed on Lot 1 as “Phase 1” and a second building being constructed on Lot 1 as “Phase 2”;
and
WHEREAS, the Vested Rights Application seeks amendment of Section 2.2. of the
Development Agreement to extend the expiration date for vested rights to March 18, 2024 for
phase one of Lot 1 and March 18, 2025 for phase two of Lot 1; and
WHEREAS, the Applicant submitted a concurrent Minor PUD Amendment Application
(“Minor PUD”) to amend the development standards and design guidelines for Lot 1 of the
Riverfront Subdivision PUD Development Plan (“Project”); and
WHEREAS, the Vested Rights Application and Minor PUD are being reviewed and processed
concurrently pursuant to Avon Municipal Code §7.16.020(b)(4), Concurrent Review Permitted;
and
WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property
Rights, the Town Council finds the Vested Rights Application eligible for consideration since the
Application was submitted at least six (6) months prior to the expiration of the Vested Property
Rights approved by Ordinance 17-17; and
WHEREAS, the Town Council of the Town of Avon held public hearings on October 10,
2019, October 22, 2019, and November 12, 2019, after posting notice of such hearings in
accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code,
and considered all comments provided before acting; and
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 2 of 8
WHEREAS, the Town Council makes the following specific findings as the basis for its
decision as required by Avon Municipal Code §7.16.020(f)(3):
A. The Vested Rights Application meets the review criteria set forth in Avon Municipal
Code §7.16.140(e)(2); specifically:
1) Property values and the real estate market experienced a significant downturn for
several years, commencing locally in early 2009 and continuing for several years
during the initial vested rights period and market conditions for the construction of
new multi-family residential product have improved only recently; and,
2) The project complies with the Avon Comprehensive Plan; in particular Goal B.1:
Provide a balance of land uses that offer a range of housing options, diverse
commercial and employment opportunities, inviting guest accommodations, and
high quality civic and recreational facilities that work in concert to strengthen
Avon’s identity as both a year-round residential community and as a commercial,
tourism and economic center; and,
3) The Project has provided public benefits through the dedication of land for the
Eagle river path, water rights dedications, river path construction, Eagle Valley trail
connection easement, two (2) deed-restricted units in the lodge building,
landscaping improvements, and employee housing mitigation funds; and,
4) The extended duration of the Vested Property Rights for the requested period is
reasonable considering the local, state and national economic recovery and local
market conditions for new construction of residential product.
WHEREAS, the Town Council makes the following specific findings as the basis for its
decision on the Minor PUD as required by Avon Municipal Code §7.16.020(f)(3):
A. The Application meets the eligibility requirements for a Minor PUD Amendment by
not increasing density, increasing the amount of nonresidential land use, or
significantly altering any approved building scale and mass of the development.
B. The PUD Amendment does not change the character of the development and maintains
the intent and integrity of the Riverfront PUD with condominium and multi-family
residential land uses with higher density on east side of Properties and reduced density
moving west.
C. The Application is in conformance with Avon Municipal Code §7.16.060(e)(4), Review
Criteria, and compared to the underlying zoning standards, the Minor PUD
Amendment is not likely to result in significant adverse impacts upon the natural
environment.
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 3 of 8
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 Avon
Development Code 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 zoning or other matters in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, the follow
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. Riverfront Development Agreement Amendment. The Amendment to the
Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is
hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the
Amended and Restated Development Agreement: The Confluence.
Section 3. Riverfront Minor PUD Amendment Approved. The Riverfront Subdivision
PUD Development Plan, attached hereto as Exhibit B, is hereby approved and the Mayor and
Town Clerk are authorized to execute the PUD Plan Amendment.
Section 4. Recording. The Town Clerk shall cause the fully executed Amendment to the
Amended and Restated Development Agreement: The Confluence and the Development
Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be
recorded at the Eagle County Clerk and Recorder’s Office.
Section 5. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
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 the date of
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 4 of 8
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 8. Safety Clause. The 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 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.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on October 22, 2019 and setting such public hearing for November 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, Town Clerk
ADOPTED ON SECOND AND FINAL READING on November 12, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Michael Sawyer, Special Counsel Attorney to Town
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 5 of 8
EXHIBIT A:
AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREMENT The
Confluence
THIS AMENDMENT to the Amended and Restated Development Agreement The
Confluence, dated March 14, 2006, (“Amendment”) is made and entered into on November 12,
2019, by and between Points in Carbondale, Inc., a Colorado corporation (“Owner”) and the
Town of Avon, a Colorado home rule municipal corporation (“Town”).
WHEREAS, the Owner applied to the Town for an extension of the vested property
rights for Lot 1, Riverfront Subdivision, which the Avon Town Council approved by Ordinance
19-09 on November 12, 2019.
NOW, THEREFORE, in consideration of the foregoing and the terms in the Amendment,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner and Town agree as follows:
1. Section 2.2 Term is hereby amended to add the following language,
“Notwithstanding the foregoing, Owner and Town agree that the Term of this
Agreement and the vested property rights established under this Agreement shall
continue for Lot 1, Riverfront Subdivision as follows: For Phase 1 of Lot 1 are depicted
on Exhibit 1 here to, until March 18, 2024; For Phase 1 of Lot 1 are depicted on Exhibit
A here to, until March 18, 2025”.
2. All other terms of the Agreement shall remain the same.
[SIGNATURE PAGES BELOW]
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 6 of 8
OWNER:
Points of Colorado, Inc., a Colorado corporation
By: _____________________________
Name: ___________________________
Title: ____________________________
STATE OF ________________ )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2019, by __________________ as ___________________ of _______________________ a
________________________.
Witness my hand and official seal.
My commission expires: _________________
_____________________________________
Notary Public
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 7 of 8
TOWN:
TOWN OF AVON, a Colorado home rule municipal corporation
By: _______________________ Attest: _______________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
STATE OF COLORADO )
) ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on ____________________, 2019, by
Sarah Smith Hymes, as Mayor of the Town of Avon, and Brenda Torres, as Town Clerk of the
Town of Avon.
Witness my hand and official seal.
My commission expires: ____________________
________________________________________
Notary Public
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
November 12, 2019 – SECOND READING Page 8 of 8
Exhibit 1 – Phase 1 and Phase 2 Map
Attachment D
PUD Signature Blocks
Owner's Certificate
Know all men by these presents that being the sole owners in fee simple of all that real
property described as follows:
Lot 1 Riverfront Subdivision: located in the south 1/2 of Northwest 1/4 Section 12, Township 5 South,
Range 82 West of the Sixth Principal Meridian.
We agree to develop the plan as depicted on this site plan.
By: _______________________________
Points of Colorado, Inc.
Address: CONFIRM ADDRESS TO USE FOR POINTS OF COLORADO, INC
The foregoing signatures were acknowledged before me this________ day of
__________________, 2019, by _____________________________
My Commission expires: _____________________
Witness my hand and seal
______________________
Notary Public
Town Certificate
This Planned Unit Development Plan and the uses, zoning standards and densities are
approved for The Riverfront PUD, (Ordinance 19-XX by the Town Council of
the Town of Avon, County of Eagle, State of Colorado, this ______ day of
________________, 2019, for filing with the Clerk and Recorder of the County of
Eagle. Said approval shall in no way obligate the Town of Avon for any improvements
and approval of this PUD Development Plan by the Town is a consent only and is not to be confused as an
approval of the technical correctness of this plan or any documentation relating there to.
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON:
TOWN COUNCIL OF THE TOWN OF AVON
By: ________________________________
Sarah Smith-Hynes, Mayor
Attest: _____________________________
XXXXX XXXXXXXX, Town Clerk
Development Standards
* NO CHANGE - ALL DEVELOPMENT STANDARDS UNDER EXISTING PUD DEVELOPMENT
PLAN APPLY TO LOT 1
Residential/Lodging Uses
1. Hotel rooms and suites;
2. Lodge rooms;
3. Condominiums;
4. Townhomes;
5. Time-share, vacation ownership, and fractional fee ownership; and
6. Accessory or incidental uses consistent with Residential/Lodging Uses at the discretion of the Zoning Administrator.
Lodging Support Uses
1. Fitness facilities, locker rooms, reception, and related amenities and services;
2. Indoor and outdoor recreation (e.g. pools, jacuzzis, game rooms);
3. Ski valet and storage;
4. Front desk and lobby;
5. Concierge, valet and bell service areas;
6. Business centers;
7. Housekeeping and laundry facilities;
8. Storage;
9. Mechanical rooms;
10. Restrooms;
11. Administrative spaces used by personnel providing Hotel/lodging services (e.g. reservations, accounting);
12. Maintenance facilities;
13. Meeting pre-function and support spaces; and
14. Other accessory or incidental uses consistent with Lodging Support Uses at the discretion of the Zoning Administrator
Standard Commercial Uses
1. Retail Stores;
2. Specialty Shops;
3. Restaurants, Bars and Cocktail Lounges;
4. Wellness Centers (such as physical therapy, medical);
5. Personal service shops;
6. Professional offices, including real estate brokerage and development offices;
7. Ski School Facilities;
8. Lift Ticket Sales Facilities;
9. Financial Institutions;
10. Offices; and
11. Other accessory or incidental uses consistent with Standard Commercial Uses at the discretion of the Zoning Administrator
Incidental Commercial Uses
1. Spa treatment rooms, spa retail, spa salon, and
2. Meetings and conference rooms;
Public Uses
1. Transportation facilities;
2. Public plazas;
3. Public restrooms; and
4. Public parks and walkways.
Temporary Facilities
1. Vacation Ownership/Time Share sales centers of up to 7,000 square feet within the Hotel or Vacation Ownership/Time Share
buildings for up to ten years from the issuance of a Temporary Certificate of Occupancy of the first Vacation Ownership/Time
Share building; and
2. Other temporary facilities are subject to Special Review Use.
Special Review Uses
1. Theatres;
2. Churches;
3. Bed and Breakfast lodges; and
4. Temporary facilities not approved (above) under Temporary Facilities.
Land Use Table:
LAND USE TABLE MODIFIED FOR LOT 1 ONLY AS FOLLOWS:Parking
* NO CHANGE - ALL PARKING STANDARDS UNDER EXISTING PUD
DEVELOPMENT PLAN APPLY TO LOT 1.
Specific requirements by Use
Five (5) spaces/1000 GLFA:
1. Retail Stores;
2. Specialty Shops;
3. Restaurants, Bars and Cocktail Lounges public spaces (excludes storage, kitchens and other
"back of house" spaces);
4. Wellness Centers (such as physical therapy, medical);
5. Personal service shops;
6. Professional offices, including real estate offices at the plaza level;
7. Ski School Facilities;
8. Lift Ticket Sales Facilities; and
9. Financial Institutions;
Four (4) spaces per 1000 GLFA
1. Professional Offices/Offices, if any, on the fifth floor of the Hotel.
Two (2) spaces per 1,000 GLFA
1. Spa treatment rooms, spa retail, spa salon; and
2. Meetings and conference rooms.
Hotel
1. One (1) space for each Accommodation Unit (as defined in the Development Agreement).
2. 1.2 spaces for each Dwelling Unit (as defined in the Development Agreement).
Vacation Ownership
1. 0.75 spaces per bedroom, maximum of 1.5 spaces per Residential Unit.
Condominiums and Townhomes other than a Hotel
1. Lots 1,2 & 3 - no change proposed (1.2 space per unit for Lot 1)
2. Lot 4 Condominium Units - 1.0 spaces per unit or as approved in the development plan.
3. Lot 4 Townhome Units - 1.2 spaces per unit or as approved in the development plan.
General:
1. Compact parking spaces shall not exceed ten percent (10%) of total parking for the entire
project.
2. Total required parking (as defined above) shall be reduced by 15% for facilities on Lots 1, 2
and 3 only.
3. Standard parking spaces on Lots 1 and 3 shall be a minimum width of 8'9'", with standard
length of 18' and standard drive lane width of 24'.
Lot 1
Permitted
Uses by
Right
Special
Review
Uses
Building
Height*
Standard
Commercial;
Incidental
Commercial;
Residential
Lodging Uses;
Lodging
Support Uses;
Temporary
Uses and
Facilities;
Public Uses
Theatres;
Churches;
Other
Temporary
Facilities;
One hundred five feet (105')
maximum height limitation,
except areas of the lot falling fifty
feet (50') from the southern
property line, where a maximum
height of fifty feet (50') will apply
for up to a maximum two
thousand square feet (2000 sq.
ft.) of building area, and a
maximum height of forty five feet
(45') will apply to the remainder
of the area of the lot falling 50'
from the southern property line.
General Notes
* ITEMS 2a AND 2c AMENDED. ITEMS 3 AND 4 ADDED TO THE GENERAL NOTES. ALL OTHER GENERAL NOTES UNDER EXISTING PUD
DEVELOPMENT PLAN APPLY TO LOT 1.
1. This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Municipal Code not
specifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD.
2. The minimum building setbacks shall be as follows:
a. River: all buildings shall be setback the more restrictive of i) seventy five feet (75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A". Notwithstanding the
foregoing, Lot 1's minimum setback shall be the northern boundary line of the utility, path, and drainage easement located along the southern boundary line of Lot 1. Encroachments
for porches/decks/overhangs/eaves are permissible subject to design review and easement grantees approval as to specific locations and dimensions.
b. Lot Lines: Buildings shall have a zero foot (0') setback from internal lot lines. Buildings shall have a minimum twenty-foot (20') setback from Riverfront
Subdivision perimeter lines. Notwithstanding the foregoing, Lot 7's setback from its northern perimeter line shall be ten (10) feet,
c. Right-of-way: Buildings shall have a minimum setback of ten feet (10') from the Riverfront Lane road right-of-way. Subterranean encroachments shall be permitted into this setback.
Encroachments (such as patios, balconies and eaves) of up to six feet (6') horizontally at finished grade and higher than twelve feet (12') vertically above finished grade may be permitted
into this setback for all buildings located on Lot 1, if approved by the Town of Avon Planning and Zoning Commission and Town Council during the Development Review process for Lot 1.
3. The purpose of this PUD Amendment is to modify the height limitation, architectural guidelines, and remove the specific building footprints for Lot 1 to allow for greater flexibility in design and
phasing.
4. This Amendment to PUD Development Plan amends the PUD Development Plan for Riverfront Subdivision adopted by Town Ordinance No. 17-16 and recorded at Reception No. 201800835,
Eagle County, Colorado (the “Existing PUD Development Plan”) solely with respect to Lot 1, Riverfront Subdivision (“Lot 1”). References herein to new or modified PUD standards,
requirements and/or uses apply to Lot 1 only. Except as herein amended for Lot 1, the Existing PUD Development Plan remains fully binding and valid.
5. Owner of Lot 1 shall convey deed restriction(s) for two (2) 1-bedroom residential units or a total gross floor area of residential use of one thousand square feet (1000 sq. ft.) in the Lot1
development to the Town of Avon as a condition of receiving any certificate of occupancy. The deed restriction(s) shall be permanent, recorded at the Eagle County Clerk and Recorders
office, shall limit the use of the residential units or space to occupancy by persons employed or working full-time in Eagle County (defined as working at least 32 hours per week for at least 8
months in a calendar year), and the form of the Deed Restriction shall be acceptable to the Town of Avon and shall be consistent with other Deed Restrictions conveyed to the Town of Avon
with similar terms.
Notes:
Actual building heights at various locations on each Lot shall be established
through the Town's design review approval process, based on the criteria
established in the Town of Avon Municipal Code.
In all instances, the maximum allowable percentage of a building ridgeline to
be at or near the maximum height shall be governed by the more restrictive
criteria of the Riverfront Design Standards and the Town of Avon Municipal
Code.
Architectural Design and Massing: Final building design shall be established
through the Town's design review approval process, based on the criteria
established in the Town of Avon Municipal Code.
R I V E R F R O N T V I L L A G E
Avon, Colorado
DESIGN STANDARDS
February 23, 2006
*amended December 12, 2017
*amended October 17, 2019 for Lot 1
I. Vision Statement for Riverfront Village
NO CHANGE - VISION STATEMENT AND DESIGN STANDARDS RECORDED UNDER EXISTING PUD DEVELOPMENT PLAN REMAIN IN PLACE AS RECORDED.
A. Scope of Design Standards
1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted.
2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects
of site and architectural design.
B. Architectural Theme
1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river.
2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of materials inherent to successful mountain resort architecture-such as stone, wood, and other natural materials, combined with
more contemporary materials such as stucco, metal, and recycled products.
3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, simple detailing (not overly rustic, "heavy," or overstated), and the bolder proportions appropriate to the larger scale of the Town.
C. Design of Public Spaces
1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow,
landscaping that screens the visual connection between Town and River, etc.
D. Pedestrian orientation
1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active
signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers.
2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian-friendly environment.
E. View Corridors
1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain.
2) An east-west view corridor along the Eagle River will also be maintained through the preservation of a 75-foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor.
F. The Natural Environment
1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity.
2) The 75-foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path.
3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75-foot setback.
4) In an effort to enhance the natural environment, site walls and site walkways should become more "organic" as they approach the river edge portion of the Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways.
II. Site and Village Guidelines
ITEM C.2. SITE WALLS AMENDED. ALL OTHER SITE AND VILLAGE GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1.
A. Primary Building Entries
1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them-and avoid overwhelming or diminutive massing-and they will be treated with materials that enhance this experience. The front doors of buildings should be
treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building.
2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the
building and as part of the overall Village streetscape.
B. Solar Access
1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21).
C. Site Materials and Colors
1. Plaza materials
a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience.the le
2. Site walls
a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. Boulder walls shall be permitted in those areas where walls transition the project to natural and surrounding
grades, and shall require the approval of the Planning Commission during design and development plan review.
D. Site Signage - Design, materials, and colors
1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level.
III. Architectural Design Guidelines
ITEMS A. 2) AND 7) AMENDED. ALL OTHER ARCHITECTURAL DESIGN GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1.
A. Building Form and Massing
1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood.
2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms,with particular emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located along the river corridor and recreation path interface.
3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river.
4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 1-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be
considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane.
5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above.
6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 8:12. Secondary roofs-such as at dormers, porte cocheres, building protrusions, and similar additive forms-may be flat, but only if they are finished in
materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs may be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces.
7) Given the modern alpine character of the architecture at Riverfront Village, roof overhangs are encouraged for buildings on Lot 1, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary
dormers.
8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation.
Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building.
B. Building Height
1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height.
2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building.
3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western façade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower façade may run horizontally for up to 60 feet along the plaza.
4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building façade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel.
5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building façade fronting the Plaza
C. Exterior Materials, Detailing, and Colors
1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%.
a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a "mountain modern" character.
b) Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure longevity when it comes
near the ground plane at building walls. Greater variation in materials for town homes is contemplated with less reliance on the use of stucco in lieu of use of recycled and other siding materials.
c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal may be used for primary roof planes and for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements.
d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth-tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature.
2. Minimum window area at plaza level
a) At a minimum, 50% of the 1st level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east-west plane where the staircase down to the river begins. This calculation shall exclude the gondola
terminal, control booth and public restrooms.
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AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
1. C ALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 4:00 p.m. A roll call was taken, and Council members
present were Scott Prince, Amy Phillips, and Tamra Underwood. Council members Jake Wolf, Chico Thuon,
and Jennie Fancher were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor,
Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Deputy Town
Manager Preston Neill and Town Clerk Brenda Torres.
2. STUDY SESSION: REVIEW OF CIP PLAN AND EXISTING TOWN PLANS
Start time: 00:00:20 Part One
A review on current and proposed town improvement plans was presented by Town Manager Eric Heil.
Councilor Thuon arrived at 4:22 p.m.
Councilor Wolf arrived at 4:42 p.m.
3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING
(MAYOR SMITH HYMES)
The Avon Liquor Authority meeting was called to order at 5:01 p.m.
4. ACTION TO RESUME THE PUBLIC MEETING (MAYOR SMITH HYMES)
The Council public meeting resumed at 5:12 p.m.
5. APPROVAL OF AGENDA
Start time: 00:56:49 Part One
Councilor Prince requested the addition of a discussion item regarding renaming the Columbus Day holiday
that the Town of Avon observes. Council agreed to add the item as 8.11. Mayor Smith Hymes requested
that item 8.4 be moved to follow 8.1. Council agreed to the change. Councilor Underwood moved to
approve the agenda with the requested changes. Mayor Pro Tem Phillips seconded the motion and the
motion passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Fancher was absent.
6. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Start time: 00:58:23 Part One
Town Attorney Paul Wisor disclosed a conflict of interest related to item 8.6 on the agenda, Public Hearing:
First Reading Ordinance 19-09, and announced that he would be stepping out of the room during the item.
7. PUBLIC COMMENT
Start time: 00:59:05 Part One
Joyce Cohen commented on commercial breeding facilities, also known as “puppy mills”, and urged the
Council to consider an ordinance that would prohibit the sale of dogs and cats in retail stores that come
from puppy mills.
Michael Cacioppo reinforced his idea for a convention center in Avon. Michael also commented on the
proposed ordinance that would enact regulations on use of expanded polystyrene.
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
Mark Goodban commented on the proposed ordinance that would enact regulations on use of expanded
polystyrene. He voiced his displeasure of the proposed regulations.
8. BUSINESS ITEMS
8.1. RESOLUTION 19-19 SUPPORTING EAGLE COUNTY BALLOT ISSUE 1A–FUNDING TO SUPPORT PUBLIC HEALTH PROGRAMS
AND EDUCATION THROUGH THE TAXATION OF TOBACCO AND NICOTINE PRODUCTS (MAYOR SMITH HYMES)
Start time: 01:20:27 Part One
Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Prince
moved to approve Resolution 19-19 Supporting Eagle County Ballot Issue 1A – Funding to Support Public
Health Programs and Education through the Taxation of Tobacco and Nicotine Products. Councilor Wolf
seconded the motion and the motion passed unanimously by Council members present. Councilor
Fancher was absent.
8.4. PUBLIC HEARING: EMERGENCY ORDINANCE 19-10 AMENDING SECTIONS 3.08 AND 3.10 OF THE AVON MUNICIPAL
CODE (TOWN ATTORNEY PAUL WISOR)
Start time: 01:28:38 Part One
Mayor Smith Hymes opened the public hearing and Michael Cacioppo commented on the proposed
emergency ordinance. Councilor Underwood moved to approve first and final reading of Ordinance 19-
10 an emergency ordinance amending Sections 3.08 and 3.10 of the Avon Municipal Code. Mayor Pro
Tem Phillips seconded the motion and the motion passed unanimously by Council members present.
Councilor Fancher was absent.
8.2. P RESENTATION: EAGLE COUNTY ANIMAL SERVICES IN THE TOWN OF AVON
(NATHAN LEHNERT , EAGLE COUNTY ANIMAL SERVICES)
Start time: 01:41:02 Part One
Nathan Lehnert with Eagle County Animal Services gave a presentation on Eagle County’s Animal Services
Department and a proposed county-wide animal services/animal control ordinance to update the
current Eagle County ordinance. He expressed that Animal Services’ vision is for all municipalities in Eagle
County to adopt the same ordinance for a streamlined process for animal-related violations. Mayor Smith
Hymes invited the public to comment and Michael Cacioppo commented.
8.3. PUBLIC HEARING: SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION
(TOWN M ANAGER ERIC HEIL)
Start time: 02:23:28 Part One
Mayor Smith Hymes opened the public hearing and comments were made by Michael Correa and Michael
Cacioppo. Councilor Underwood moved to continue this item to the October 22, 2019 Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 0. Councilor Prince
and Councilor Thuon had stepped out of the room. Councilor Fancher was absent.
8.5. PUBLIC HEARING: FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK
A BEAVER CREEK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 00:00:10 Part Two
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Underwood
moved to continue this item to the October 22, 2019 Council meeting. Mayor Pro Tem Phillips seconded
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
the motion and the motion passed on a vote of 4 to 0. Councilor Wolf and Councilor Thuon had stepped
out of the room. Councilor Fancher was absent.
8.6. PUBLIC HEARING: FIRST READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND VESTED RIGHTS
Extension for Lot 1, Riverfront Subdivision (Planning Director Matt Pielsti cker)
Start time: 00:07:40 Part Two
East West Partners, on behalf of the applicant, Points of Colorado, Inc., gave a presentation requesting a
Vested Property Rights Extension and PUD Amendment to allow greater flexibility for a future phased
project on Lot 1, Riverfront PUD and Subdivision. Councilor Prince moved to continue this item to the
October 22, 2019 Council meeting. Councilor Wolf seconded the motion and the motion passed on a vote
of 6 to 0. Councilor Fancher was absent.
8.7. WORK SESSION: PROJECT THOR (IT MANAGER ROBERT MCKENNER)
Start time: 01:31:16 Part Two
IT Manager Robert McKenner presented on Project THOR. Jon Stavney, Executive Director of the
Northwest Colorado Council of Governments , answered various questions from Council regarding
Project THOR. Michael Cacioppo commented on Project THOR and current broadband availability
in Eagle County. Council gave direction to staff to remove Project THOR expenditures from the
proposed 2020 Capit al Improvements Plan because Phase II of Project THOR is not slated to happen
in 2020. The majority of Council expressed interest in further studying broadband and Project THOR
in 2020.
8.8. PUBLIC HEARING: SECOND READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS (DEPUTY
TOWN M ANAGER P RESTON NEILL)
Start time: 02:18:44 Part Two
Mayor Smith Hymes opened the public hearing and Michael Cacioppo commented. Councilor
Underwood moved to approve Second Reading of Ordinance 19-07, Enacting Chapter 1.14 of Title 1 of
the Avon Municipal Code Pertaining to Campaign Finance. Mayor Pro Tem Phillips seconded the motion
and the motion passed on a vote of 4 to 2. Councilor Thuon and Councilor Wolf voted no. Councilor
Fancher was absent.
8.9. APPROVAL OF REVISED AGREEMENT FOR LEGAL SERVICES WITH ELIZABETH PIERCE-DURANCE, LLC
(TOWN ATTORNEY PAUL WISOR)
Start time: 02:40:16 Part Two
Mayor Pro Tem Phillips moved to approve the Agreement for Legal Services with Elizabeth Pierce-
Durance, LLC. Councilor Wolf seconded the motion and the motion carried on a vote of 5 to 0. Councilor
Prince had stepped out of the room. Councilor Fancher was absent.
8.10. APPROVAL OF MINUTES FROM SEPTEMBER 24, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES)
Start time: 02:41:49 Part Two
Councilor Underwood moved to approve the minutes from the September 24, 2019 Regular Council
meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 1.
Councilor Wolf voted no. Councilor Prince was out of the room. Councilor Fancher was absent.
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
ADDED: COLUMBUS DAY HOLIDAY
Start time: 02:42:30 Part Two
Council gave direction to staff to consider this suggestion for 2020. Council discussed the idea of changing
the name of Columbus Day. Michael Cacioppo commented. Council gave direction to staff to come up
with several name suggestions to present to Council at a future Council meeting.
9. WRITTEN REPORTS
9.1. UPDATE ON 2020 COMMUNITY GRANT AWARD RECOMMENDATIONS (DEPUTY TOWN MANAGER PRESTON NEILL)
Councilor Prince asked a question about the written report on the Update on 2020 Community Grant
Award Recommendations.
9.2. ABSTRACT FROM OCTOBER 1, 2019 PLANNING AND ZONING COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER)
9.3. UPPER EAGLE REGIONAL WATER AUTHORITY SEPTEMBER 26, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
10. MAYOR & COUNCIL C OMMENTS & MEETING UPDATES
Start time: 02:54:01 Part Two
Mayor Smith Hymes reported on the Mountain Towns 2030 Net Zero Summit that took place in Park
City, Utah. She also announced that the Town of Avon will host an event on October 29th encouraging
residents to enroll in Holy Cross Energy’s PuRE program to go 100% renewable.
Mayor Pro Tem Phillips gave an update on the EGE Air Alliance.
Councilor Wolf thanked Council and staff for accommodating the Yom Kippur Jewish holiday by moving
the Council meeting from October 8th to October 10th.
Councilor Thuon announced that October 10th is World Mental Health Day.
11. EXECUTIVE SESSION FOR A CONFERENCE WIT H THE TOWN ATTORNEY FOR THE PURPOSE OF R ECEIVING LEGAL ADVIC E UNDER
C.R.S. §24‐6‐402(2)(B) CONCERNING EXPANDED POLYSTYRENE REGULAT IONS
Executive Session will take place in the October 22, 2019 Council meeting.
12. A DJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:46 p.m.
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
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, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood
FISCAL YEAR 2019
FINANCIAL REPORT
October 22, 2019
______________________________________________________________________________________
1. Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – August
3. Accommodations Tax Report – August
4. Real Estate Transfer Tax Report and Monthly Detail – August
5. Recreation Center Admissions – August
6. Recreation Center Program Fees - August
7. General Fund Year-To-Date Expenditures - August
8. Fleet Maintenance Fund Year-To Date Expenditures - August
9. Mobility Fund Year-To Date Expenditures - August
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Nelly Burns, Senior Accountant
Meeting Date: October 22, 2019
Agenda
Topic: Fiscal Year 2019 Financial Report –August 2019
SUMMARY
Revenues
SALES TAX
Sales tax revenue for the month of August totaled $677,352 an 4.81% increase from the previous year
and a 3.90% positive variance over the cumulative monthly budgets, which is based on the average of
the relative monthly percentages of taxes collected over a 5-year period.
Monthly sales tax collections by industry compared to one year ago have increased $8,706 for
Home/Garden, $303 for Sporting Good Retail/Rental, $18,190 for Other businesses, and $1,456 for
Service-Related businesses. Monthly sales tax collections have decreased ($11,532) for
Grocery/Specialty/Health, ($4,383) for Liquor Stores, ($8,857) for Miscellaneous Retail, ($8,032) for
Accommodations, and ($1,438) for Restaurants/Bars.
Year-to-date sales tax revenues through August have increased 4.08% over the previous year, which
is $30,782.70 over the previous year and $217,434.82 over original budget estimates.
0.0020000.0040000.0060000.0080000.00100000.00120000.00140000.00160000.00180000.00200000.00
Sales Tax Comparison by Industry
Aug-18 Aug-19
New and Renewed
Business, Contractor & Sales Tax Licenses Issued in August
Business License - Fixed Location 15
Business License - Home Occupation 1
Business License - Short Term Accommodation 27
Business License – Special Event 8
Business License - Vendor 53
Contractor License 0
Liquor License 0
Sales Tax License 0
Grand Total 104
ACCOMMODATIONS TAX
Accommodations tax revenue for month of August totaled $110,203.30, a 12.23% increase from the
previous year and a 12.88% positive variance from the cumulative monthly budgets, which is based on
the average of the relative monthly percentages of taxes collected over a 5-year period.
Monthly accommodations tax collections increased $4,258.60 for time shares, $6,320.68 for hotels,
and $3,287.06 for vacation rentals compared to August 2018.
-
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20,000.00
30,000.00
40,000.00
50,000.00
60,000.00
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80,000.00
Time Shares Hotels Vacation Rentals
August Accommodation Tax
Aug-18 Aug-19
CIGARETTE AND TOBACCO TAX
Third Quarter Cigarette and Tobacco Tax will be reported in November.
REAL ESTATE TRANSFER TAX
Real estate transfer tax collections for the month of August totaled $400,027.60, an increase of 16.54%
from the previous year and a positive variance of 59.07% over the cumulative monthly budgets, which
is based on average of the relative monthly percentages of taxes collected over a 5-year period.
Real Estate Transfer Tax (RETT) Transactions August
RETT Transactions which paid 2% tax 13
RETT Exemptions for Primary Residence 9
RETT Exemptions for Full Exemption 8
Deed Restricted & Tax Exempt 2
Grand Total 32
RECREATION CENTER ADMISSIONS
August admission fees totaled $70,491.40 a 4.19% decrease from the previous year. This is a 5.39%
negative variance compared to the monthly budget, which is based on average of the relative monthly
percentages of taxes collected over a 5-year period.
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
2015 2016 2017 2018 2019
Recreation Center Admissions August
RECREATION CENTER PROGRAM FEES
August program fees totaled $52,610.60 which is a 18.47% decrease from the previous year. This is a
21.33% negative variance compared to the monthly budget, which is based on average of the relative
monthly percentages of taxes collected over a 5-year period.
Expenditures
General Fund expenditures through August 2019 total 61.28% of the total budget. These expenditures
include insurance premiums, computer services, events, community grants, equipment replacement,
contract services, janitorial and legal services.
Fleet expenditures through August 2019 total 66.41% of the total budget. These costs include
expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums.
Mobility funds are August 2019 total 42.42% of the total budget. These expenditures include costs of
diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums.
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
2015 2016 2017 2018 2019
Recreation Center Program Fees August
TOWN OF AVONSALES TAX 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from BudgetJanuary 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 817,828.62 819,179.33$ 1,350.71$ -0.80% 0.17%February673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 829,920.52 809,165.90 (20,754.62) 3.02% -2.50%March793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 987,540.28 1,130,669.61 143,129.33 11.46% 14.49%April381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 443,930.08 424,685.32 (19,244.76) 7.52% -4.34%May340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 415,276.78 422,685.32 7,408.54 0.97% 1.78%June538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 697,261.19 725,840.03 28,578.84 -4.18% 4.10%July570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 703,842.63 755,668.37 51,825.74 8.51% 7.36%August547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 645,210.78 670,351.82 25,141.04 4.81% 3.90%September546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 690,724.07 - - October417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 486,978.23 - - November397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 472,086.18 - - December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,319,545.64 - - Total7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,510,145$ 5,758,245.70$ 217,434.82$ 4.08% 3.92% Actual Collections$520,000$540,000$560,000$580,000$600,000$620,000$640,000$660,000$680,0002015 2016 2017 2018 2019YearSales Tax Collections for August
TOWN OF AVON
ACCOMMODATIONS TAX
2019 Actual vs. Budget
Budget YTD Collections Budget % change % change
2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budget
January 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,298$ 197,879.22$ 9,581.20$ 8.97%5.09%
February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,220 203,190.38 1,970.70 9.16%0.98%
March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,566 246,969.61 26,403.89 19.43%11.97%
April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,902 31,824.90 (13,077.50) -4.36%-29.12%
May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,340 47,259.21 8,919.19 10.89%23.26%
June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,181 92,411.81 11,231.29 -2.52%13.83%
July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 115,930 131,645.50 15,715.60 10.20%13.56%
August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,631 110,203.30 12,572.29 12.23%12.88%
September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,189 - - -100.00%-100.00%
October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,844 - - -100.00%-100.00%
November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,747 - - -100.00%-100.00%
December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,570 - - -100.00%-100.00%
Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,373,418.00$ 1,061,383.93$ 73,316.65$ 10.23%7.42%
0.88 0.88 0.97 1.00 0.97
Actual Collections
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
2015 2016 2017 2018 2019
Accommodations Tax Collections for August
TOWN OF AVON
REAL ESTATE TRANSFER TAX
2019 Actual vs. Budget
Budget YTD Collections $ Change % of Change % change
2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget
January 22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54%-21.96%
February 55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65 10.81%84.68%
March 125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61 180,819.76 (163,736.98) -47.52%-14.87%
April 144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60 312,899.53 190,587.32 155.82%113.15%
May 121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60 278,241.63 (72,995.30) -20.78%19.22%
June 90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 237,143.93 (105,996.78) -30.89%-25.57%
July 386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 86,755.74 (185,664.67) -68.15%-69.16%
August 97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88 400,027.60 56,777.80 16.54%59.07%
September 157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97
October 169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54
November 112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57
December 83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18
Total 1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 1,867,138.35$ (443,420.16)$ -19.19%9.92%
Budget 2,775,000.00
Variance, Favorable (Unfavorable)(907,861.65)$
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
2015 2016 2017 2018 2019
Year
Real Estate Transfer Tax for August
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.86$ (6,732.57)$ -17.61%-8.45%
February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90) -14.59%-19.20%
March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 78,824.90 (6,780.44) -0.31%-7.92%
April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 53,085.20 (15,614.93) -14.13%-22.73%
May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96 63,563.00 12,095.04 26.49%23.50%
June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62 68,601.20 6,740.58 10.41%10.90%
July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 88,528.43 13,886.50 22.21%18.60%
August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12 70,491.40 (4,018.72) -4.19%-5.39%
September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74
October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61
November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24
December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 135,975.79
Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 915,000$ 560,944.19$ (15,843.43)$ -0.51%-2.75%
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
2015 2016 2017 2018 2019
Recreation Center Admissions August
TOWN OF AVON
RECREATION CENTER PROGRAM FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 19,367.43$ 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 31,321.54$ 26,095.68$ (5,225.86)$ -19.38%-16.68%
February 26,144.75 20,734.70 22,435.59 28,915.58 35,279.57 34,577.95 23,197.74 (11,380.21) -34.25%-32.91%
March 19,727.40 15,184.33 19,132.72 29,016.16 28,669.46 28,937.09 27,280.96 (1,656.13) -4.84%-5.72%
April 29,969.50 18,360.00 18,538.66 26,397.13 45,827.30 36,023.74 31,132.63 (4,891.11) -32.07%-13.58%
May 31,395.87 22,175.69 39,447.85 44,605.22 37,300.42 45,304.03 31,335.76 (13,968.27) -15.99%-30.83%
June 41,698.34 31,443.66 33,369.05 45,885.37 37,231.17 49,111.86 34,568.93 (14,542.93) -7.15%-29.61%
July 48,801.54 29,162.29 44,969.88 46,745.40 49,968.33 56,886.73 43,607.82 (13,278.91) -12.73%-23.34%
August 41,195.29 31,055.94 46,025.52 52,318.40 64,320.46 60,841.05 52,610.60 (8,230.45) -18.21%-13.53%
September 15,886.00 18,209.25 36,240.11 30,853.05 41,463.74 36,945.64
October 19,819.50 20,380.77 22,068.60 26,881.06 26,782.63 30,025.50
November 9,991.00 20,095.40 30,866.78 25,906.72 24,952.65 28,958.46
December 16,653.80 21,918.03 30,294.89 37,309.30 26,328.09 34,317.39
Total 320,650$ 271,972$ 360,523$ 423,649$ 450,492$ 473,251$ 269,830.12$ (73,173.90)$ -18.47%-21.33%
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
2015 2016 2017 2018 2019
Recreation Center Program Fees August
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 283,745$ 712$ 201,671$ 81,363$ 71.33%
112 Boards and Commissions 16,049 - 8,021 8,028 49.98%
113 Town Attorney 155,000 65,000 71,782 18,218 88.25%
115 Town Clerk 100,181 6,210 53,579 40,392 59.68%
121 Municipal Court 128,002 4,640 84,618 38,744 69.73%
131 Town Manager 397,457 - 173,526 223,931 43.66%
133 Community Relations 203,196 25,857 105,785 71,554 64.79%
Total General Government 1,283,630 102,418 698,981 482,231 62.43%
Human Resources Department:
132 Human Resources 506,632 11,678 299,964 194,990 61.51%
Finance & IT Department:
141 Finance 959,728 17,361 613,174 329,193 65.70%
143 Information Systems 431,115 36,980 287,405 106,731 75.24%
149 Nondepartmental 584,886 47,636 490,576 46,674 92.02%
Total Finance & IT 1,975,729 101,976 1,391,155 482,598 75.57%
Total General Gov't Departments 3,765,991 216,073 2,390,100 1,159,818 69.20%
Community Development:
212 Planning 343,353 17,310 185,522 140,521 59.07%
213 Building Inspection 180,131 2,100 119,178 58,853 67.33%
215 Town Produced Events 215,397 11,677 176,660 27,060 87.44%
216 Signature Event Seed Funding 500,000 6,894 184,975 308,131 38.37%
217 Community Grants 201,000 - 148,542 52,458 73.90%
218 Salute to the USA 110,715 1,798 201,376 (92,459) 183.51%
Total Community Development 1,550,596 39,779 1,016,254 494,563 68.10%
Police Department:
311 Administration 846,711 21,216 549,233 276,262 67.37%
312 Patrol 2,812,128 370,316 1,682,769 759,043 73.01%
313 Investigations 315,990 2,073 193,344 120,573 61.84%
Total Police 3,974,829 393,605 2,425,346 1,155,878 70.92%
Public Works:
412 Engineering 275,025 8,382 160,792 105,851 61.51%
413 Roads and Bridges 2,333,035 119,181 1,474,162 739,693 68.29%
415 Parks 630,423 109,147 292,217 229,058 63.67%
418 Buildings & Facilities 1,251,071 45,686 799,820 405,565 67.58%
Total Public Works 4,489,554 282,396 2,726,991 1,480,167 67.03%
Recreation Department:
514 Administration 244,300 11,255 157,619 75,426 69.13%
515 Adult Programs 62,395 750 34,315 27,330 56.20%
516 Aquatics 673,414 11,501 454,770 207,143 69.24%
518 Fitness 136,807 708 110,899 25,200 81.58%
519 Guest Services 343,483 1,206 217,251 125,026 63.60%
521 Youth Programs 157,751 2,229 106,745 48,777 69.08%
523 Community Swim Program 91,624 - 55,970 35,654 61.09%
Total Recreation 1,709,774 27,650 1,137,569 544,556 68.15%
Contingency 45,000 100,000
Operating Transfers 1,750,000 (63,223) 1,870,000
TOTAL OPERATING EXPENDITURES 17,285,744$ 959,502$ 9,633,037$ 6,804,982$ 61.28%
Department Expenditure Summaries
General Fund
August 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,801,273$ 70,006$ 1,126,176$ 605,091$ 66.41%
Total Operating Expenditures 1,801,273 70,006 1,126,176 605,091 66.41%
TOTAL EXPENDITURES 1,801,273$ 70,006$ 1,126,176$ 605,091$ 66.41%
Expenditure Summary
Fleet Maintenance Enterprise Fund
Aug 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 286,200$ 14,330$ 159,103$ 112,767$ 60.60%
432 Transit Operations 2,087,011 2,015 873,689 1,211,307 41.96%
436 Wash Bay 169,093 8,207 100,572 60,314 64.33%
437 Programs 373,720 - 78,956 294,764 21.13%
Total Operating Expenditures 2,916,024 24,552 1,212,320 1,679,152 42.42%
TOTAL EXPENDITURES 2,916,024$ 24,552$ 1,212,320$ 1,679,152$ 42.42%
Expenditure Summary
Mobility Enterprise Fund
August 2019 Expenditures to Date
1 PZC Abstract – October 15, 2019
Planning & Zoning Commission
Meeting Abstract
Tuesday, October 15, 2019
I. Call to Order – The meeting was called to order at 5:00 pm.
II. Roll Call – All commissioners were present except for Commissioner Howell.
III. Conflicts of Interest – Commissioner Hardy and Smith recused themselves from Case #19007.
IV. Additions & Amendments to the Agenda – Item VI was added and Items V and VI were reordered.
V. Minor Development Plan and Alternative Equivalent Compliance – 2511 Old Trail Road – PUBLIC HEARING
File: MNR19030 and AEC19007
Applicant: Heather Cunningham
Property: Lot 1 Block 2 Wildridge Subdivision
Summary: Application for a fence that does not meet the Avon Municipal Code standards.
Action: Commissioner Nusbaum motioned to approve the Case #AEC19007 with the
following findings:
1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent
Compliance;
2. The proposed alternative achieves the intent of the subject design or development
standard to the same or better degree than the subject standard;
3. The proposed alternative achieves the goals and policies of the Avon Comprehensive
Plan to the same or better degree than the subject standard;
4. The proposed alternative results in benefits to the community that are equivalent to
or better than compliance with the subject standard; and
5. The proposed alternative does not impose greater impacts on adjacent properties
than would occur through compliance with the specific requirements of the Code.
Commissioner Dammeyer seconded the motion and it carried 5-1 with Commissioner
Golembiewski voting in opposition.
Action: Commissioner Nusbaum motioned to approve case #MNR19030 with the following
findings:
1. The application is complete;
2. The application provides sufficient information to allow staff to determine that the
application complies with the relevant review criteria;
3. The application complies with the goals and policies of the Avon Comprehensive
Plan;
4. There is no extra demand for public services or infrastructure exceeding current
capacity by the application;
5. The design relates the development to the character of the surrounding community;
and
6. The modifications qualify as a Minor Development Plan pursuant to §7.16.080 of the
Development Code.
Commissioner Barnes seconded the motion and it carried unanimously 6-0.
VI. PZC - Town Council Joint Work Session Topics – WORK SESSION
2 PZC Abstract – October 15, 2019
Action: PZC discussed various items to bring up during the joint session.
VII. Master Sign Program Amendment – The Westgate Building – PUBLIC HEARING
File: SGN19008
Applicant: Bryan with Sign Design & Awnings
Property: Lot 3 Block 3 Benchmark at Beaver Creek / 1060 West Beaver Creek Boulevard
Summary: Application to amend the sign program to allow for a sign above the entrance for a
tenant with over 50% of the second floor.
Action: Commissioner Barnes motioned to approve the application with the following
findings and conditions:
Findings:
1. The application is complete;
2. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
3. The proposed application was reviewed pursuant to §7.16.160(f), Sign Plan. The
application meets the sign standards established in the Avon Development Code;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. No extra demand for public services is made by the application;
6. The design relates the development to the character of the surrounding community;
7. The application is not so restrictive as to eliminate individuality but provides for the
expectation of attractive sign installation; and
8. Individual dimensional letters with external illumination is similar with Agave’s
signage with dimensional letters.
Conditions:
1. The applicant shall ensure HOA approval of the changes before the MSP is active; and
2. The Applicant shall produce a single document Master Sign Program that complies
with the regulations outlined in Chapter 7.34.101(h) before any sign applications will
be accepted for the property; and
3. This Signage is turned off during non-business hours.
VIII. Master Sign Program Amendment – The Seasons Building – CONTINUED PUBLIC HEARING
File: SGN19007
Applicant: Bryan with Sign Design & Awnings
Property: Lot 62/63 Block 2 Benchmark at Beaver Creek / 137 Benchmark Road
Summary: Application to amend the sign program to allow for different locations and types of
signs.
Action: Commissioner Golembiewski motioned to approve the item with the following
findings and conditions:
Findings:
1. The application is complete;
2. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
3. The proposed application was reviewed pursuant to §7.16.160(f), Sign Plan. The
application meets the sign standards established in the Avon Development Code;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. No extra demand for public services is made by the application;
6. The design relates the development to the character of the surrounding community;
and
3 PZC Abstract – October 15, 2019
7. The application is not so restrictive as to eliminate individuality but provides for the
expectation of attractive sign installation.
Conditions:
1. The MSP shall state that tenants that occupy both a first and second story unit shall
only receive a first story sign;
2. The MSP shall state that tenants that occupy a second story unit shall only receive a
sign on the second story;
3. The MSP shall state that tenant signage is encouraged to be three dimensional (i.e.
blades and/or dimensional creative signs) and the fees may be waived by Town;
4. The Applicant shall produce a single document Master Sign Program that complies
with the regulations outlined in Chapter 7.34.101(h) before any sign applications will
be accepted for the property; and
5. The design section on Attachment A shall remove the included note.
Commissioner Nusbaum seconded the motion and it carried unanimously 4-0.
IX. Consent Agenda
A – PZC Meeting Minutes – October 1, 2019
Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner
Barnes seconded the motion and it carried unanimously 6-0.
X. Adjourn