TC Resolution 20-25 Waiving Sales Tax, Development Code Fees, AVon Tap Fees and Building Permit Fees for Nine (9) Community Housing Units at 77 Metcalf RdTOWN OF AVON
RESOLUTION 20-25
WAIVING SALES TAX, DEVELOPMENT CODE FEES,
AVON TAP FEES AND BUILDING PERMIT FEES FOR
NINE (9) COMMUNITY HOUSING UNITS AT
77 METCALF RD
WHEREAS, BBG Holding, Inc, owns the real property described as 77 Metcalf Road, Avon,
Colorado; and
WHEREAS, the Avon Town Council adopted Ordinance 19-01 on June 25, 2019, an ordinance
setting forth a process whereby the Avon Town Council may waive or reduce certain fees related to the
development of Community Housing projects; and
WHEREAS, the Avon Town Council adopted Ordinance 19-06 on September 24, 2019, an
ordinance permitting up to ten Community Housing units per acre in the Light Industrial and Commercial
(IC) zone district as a use by right; and
WHEREAS, BBG, Inc. intends to construct Community Housing within the existing building
located at 77 Metcalf Road with up to nine (9) units ("Community Housing Project"); and
WHEREAS, BBG Inc. submitted a written request on October 28, 2020 explaining the conversion
of commercial space into housing units, along with a request to waive applicable development related fees
("Waiver") for its Community Housings Project; and
WHEREAS, in exchange for the Waiver, BBG, Inc. has agreed to execute a deed restriction,
attached hereto as Exhibit A ("Deed Restriction"), which deed restriction provides the Community
Housing units to be constructed shall only be utilized for Eagle County Employees, as defined; and
WHEREAS, the Avon Town Council finds that the construction of the Community Housing
Project will promote and support, benefit, and enhance the Avon community by providing housing in the
vicinity of a regional job center in the IC zone district; and,
WHEREAS, the Avon Town Council finds that the promotion and support through the waiver of
sales tax on construction materials and fixtures delivered to the Community Housing Project will promote
the health, safety and general welfare of the Avon community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby approves the request for the Waiver and execution of the Deed Restriction as follows:
Res 20-25 BBG Inc. 77 Metcalf Fee Waiver
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1. The Town Council hereby finds the Waiver is necessary to promote Community Housing that will meet
the current and projected housing needs for the Avon community.
2. The Town Council hereby finds the public as a whole will benefit from the Community Housing Project.
3. The Town hereby grants a waiver of sales tax applicable to the Community Housing Project, which
waiver shall only apply to the purchase of construction materials and fixtures delivered to the
Community Housing Project which are purchased on or before December 31, 2021.
4. The Waiver provided herein shall only become effective upon execution of the Deed Restriction by
BBG, Inc. and the Town.
5. BBG, Inc. shall provide records, receipts and documentation to the Town of the construction materials
purchased on or prior December 31, 2021 and shall maintain such records as is required by the Chapter
3.12 Sales Tax of the Avon Municipal Code.
ADOPTED November 17, 2020 by the AVON TOWN COUNCIL
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B (� Attest:
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Sarah Smith-Hymes, Mayor Brenda Torres, Town Clerk
Res 20-25 BBG Inc. 77 Metcalf Fee Waiver
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Exhibit A
(Deed Restriction)
Res 20-25 BBG Inc. 77 Metcalf Fee Waiver
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