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TC Packet 01-09-2024_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, January 9, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Joint Meeting with Board of County Commissioners of Eagle County (Town Manager Eric Heil) 5.2. PUBLIC HEARING: Resolution 24-01 Determining the State Land Board Property is Eligible for Annexation (Planning Director Matt Pielsticker) • Presentation by Staff and Applicant • Council Questions • Public Comment • Council Discussion and Decision 5.3. PUBLIC HEARING: Ordinance 24-01 Adopting Amendments to Avon Development Code (Planning Manager Jena Skinner) • Presentation by Staff • Council Questions • Public Comment • Council Discussion and Decision 5.4. PUBLIC HEARING: Ordinance 24-02 Adopting Amendments to Avon Comprehensive Plan (Planning Manager Jena Skinner) • Presentation by Staff • Council Questions • Public Comment • Council Discussion and Decision 5.5. PUBLIC HEARING: Consideration of US6 Safety Improvement Designs (Public Works Director Eva Wilson) • Presentation by Staff • Council Questions • Public Comment • Council Discussion and Decision 6. MINUTES 6.1. Approval of December 12, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. 6.2. Approval of December 19, 2023 Special Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. ¡Mi Casa Avon! Program Update (Housing – Long Range Planner Patti Liermann) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, JANUARY 9, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .] 5. PUBLIC HEARING FOR A TRADE NAME PERMIT AND AN ADDITION OF RELATED FACILITY TO AN EXISTING RESORT LIQUOR COMPLEX 5.1. APPLICANT NAME: EAST WEST RESORT, LLC & AVON RIVERFRONT, LLC D/B/A WESTIN RIVERFRONT RESORT & SPA & MAYA LOCATION: 126 RIVERFRONT LN TYPE: TRADE NAME PERMIT AND ADDITION OF RELATED FACILITY TO AN EXISTING RESORT LIQUOR COMPLEX MANAGER: BRIAN HARRIER 6. APPROVAL OF THE MINUTES FROM DECEMBER 12, 2023 LIQUOR LICENSING AUTHORITY MEETING (DEPUTY TOWN CLERK BRENDA TORRES) 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 8. ADJOURNMENT 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk RE: PUBLIC HEARING: Westin Riverfront Resort & Spa & Maya DATE: December 27, 2023 SUMMARY: The Avon Town Council, acting as the Local Liquor Licensing Authority (the “Authority”), is asked to review and approve a ‘Trade Name Permit’ and ‘Addition of Related Facility to an Existing Resort Complex’ License Application (the “License Application”), as submitted by East West Resort, LLC & Avon Riverfront, LLC d/b/a Westin Riverfront Resort & Spa & Maya (the “Applicant”). A public hearing is required before final action is taken. The Applicant has been asked to be present to answer Local Liquor Licensing Authority questions during the hearing. The application is complete, duly filed with the Avon Deputy Town Clerk, and includes all materials and documentation required by the State of Colorado Liquor Enforcement Division. BACKGROUND: The Licensee’s current Resort Complex License includes a restaurant, formerly branded as Maya. Since its last license renewal, Maya has been remodeled, renamed, and rebranded under Stoke and Rye, and the Applicant is applying for a ‘Trade Name Permit’ to omit & Maya from their d/b/a name and to ‘Add a Related Facility to an Existing Resort Complex.’ Pursuant to Colorado Liquor Code C.R.S. Section 44-3-413(2)(a), a resort complex is required to designate its principal licensed premises and additional separate, related facilities that are located contiguous or adjacent to the licensed premises of the resort complex. Each related facility shall be identified by the resort complex at the time of initial licensure or upon license renewal. Each related facility shall also be clearly identified by its geographic location within the overall boundaries of the licensed premises of the resort complex. A resort complex may apply for a resort-complex-related facility permit for each related facility at the time of initial licensure, upon license renewal, or at any time upon application by the resort complex. LICENSING AUTHORITY: The Authority is asked to consider approving the ‘Trade Name Permit’ and the ‘Addition of a Related Facility to an Existing Resort Complex’ application as submitted by the Applicant. A public hearing is required before final action is taken. A motion approving the Licensee’s application is proposed below. If the Authority is considering denial for grounds, the motion should set an additional hearing at which grounds for denial can be addressed with the Licensee. Pursuant to Colorado Liquor Code C.R.S. Section 44-3-305, statutory grounds for denial include if the premises on which the applicant proposes to conduct its business do not meet the requirements of Article 3, or if the character of the applicant or its officers or directors is such that violations of Article 3 or Article 4 or 5 of Title 44 would be likely to result if a license were granted, or if in the opinion of the Authority, licenses already granted for the particular locality are adequate for the reasonable needs of the community. PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Trade Name Permit for East West Resort, LLC & Avon Riverfront, LLC, from Westin Riverfront Resort & Spa & Maya to Westin Riverfront Resort & Spa; and to approve the Addition of Related Facility to an Existing Resort Complex license for Westin Riverfront Resort & Spa.” Thank you, Brenda Page 2 of 2 ATTACHMENTS: The Applicant has submitted the following materials: ✓ Attachment A: Permit Application and Report of Changes (State form DR 8442) ✓ Attachment B: Map diagram of the added area Attachment A Attachment B AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in person and virtually via Zoom.us. Chair Amy Phillips called the meeting to order at 5:00 p.m. A roll call was taken, and Board Members present in person were Rich Carroll, Lindsay Hardy, Vice-Chair Tamra Underwood, and Chair Amy Phillips. Board Members Ruth Stanley and RJ Andrade joined virtually via Zoom. Board Member Chico Thuon was absent. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, and Local Liquor Licensing Authority Secretary Miguel Jauregui Casanueva. 2. APPROVAL OF AGENDA Video Start Time: 00:00:54 Chair Phillips initiated the meeting with the Agenda approval process. No changes were made to the Agenda. Vice Chair Underwood motioned to approve the Liquor Licensing Authority Agenda. Board member Carroll seconded the motion. The motion was approved with a 6-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:30 Chair Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT – COMMENTS A RE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:01:48 Chair Phillips explained that public comments can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or virtually, and there were no public comments made. 5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT Video Start Time: 00:01:48 5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER EVENT: DRINKERING & TINKERING DATE AND TIME: 7:00 P.M. – 8:30 P.M. ON JANUARY 18, MARCH 21, JULY 18, SEPTEMBER 12, AND NOVEMBER 21, 2024 LOCATION: 318 WALKING MOUNTAINS LANE TYPE: SPECIAL EVENT PERMIT MANAGER: SCOTT DUNN Mr. Scott Dunn, Community Programs Manager for Walking Mountains Science Center, took the podium and presented his application for a special events liquor permit. He mentioned it is the third year Walking Mountains hosts this education program. Vice-Chair Underwood asked him about the alcohol storage plan for the special event, which he responded to and added that liquor gets stored in a locked closet once it is received, but they are still looking for a liquor sponsor for this year’s special event. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 It was noted that the applicant met the requirements of the public hearing posting, the insurance requirements, and alcohol management plan, as part of the special event permit checklist. Chair Phillips opened the floor to the public hearing. No public comment was made in person nor virtually. After deliberations, Board Member Carroll motioned to approve the Special Events Permit application for Walking Mountain Science Center for their Drinkering & Tinkering Special Event to be held on January 18, March 21, July 18, September 12, and November 21, 2024 from 7:00 p.m. to 8:30 p.m. Vice-Chair Underwood seconded the motion. The motion was approved with a 6-0 vote. 6. APPROVAL OF THE MINUTES FROM NOVEMBER 14, 2023 MEETING Video Start Time: 00:07:07 Vice-Chair Underwood motioned to approve the Minutes from Tuesday, November 14, 2023, as presented. Board Member Hardy seconded the motion. The motion was approved with a 5-0 vote, with Board Member Carroll abstaining based on his absence at that meeting. 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 8. ADJOURNMENT The Avon Liquor Licensing Authority Meeting adjourned at 5:09 p.m. These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority 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, Deputy Town Clerk APPROVED: Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Rich Carroll Lindsay Hardy RJ Andrade (970) 748-4022 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Deputy Town Clerk Date: December 27, 2023 Topic: REPORT ON RECENT LIQUOR LICENSE 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 December 12, 2023, the Town has received 1 Renewal Application that has met all the requirements for administrative review and approval and was ultimately approved by the Deputy Town Clerk. No comments, complaints, or request for hearings were received. It is as follows: Renewal: Applicant: Vistana Colorado Management INC d/b/a Sheraton Mountain Vista Location: 160 Beaver Creek West Type: Hotel & Restaurant (City) Manager: Jesse Larson 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Council members Eagle County Board of County Commissioners FROM: Eric Heil, Town Manager RE: Joint Council-Commissioner Meeting DATE: January 5, 2024 SUMMARY: This report provides a brief overview of topics for the joint Avon Town Council – Board of County Commissioners of Eagle County. The desired outcome of this joint meeting is to identify areas of mutual interest between the Town of Avon and Eagle County where we may pursue coordinating efforts during 2024. LANDSCAPE REGULATIONS, ADMINISTRATION AND ENFORCEMENT: The Town of Avon and Eagle County are the two land use approval authorities for the Upper Eagle Regional Water Authority service area. The Upper Eagle Regional Water Authority has recognized that there is a limited supply of water for new development (i.e. upzoning or increases in zoning). A joint meeting with representatives of the Upper Eagle River Water Authority, Eagle County and Town of Avon was held at the Avon Town Hall on November 8, 2023 to discuss water availability and water conservation. There was general recognition that outdoor water use, i.e. landscape irrigation, uses the majority of our water rights to “consume” water use, and consequently, conservation efforts focused on outdoor irrigation is the most meaningful for overall water conservation efforts. The Upper Eagle River Water Authority also recognized that it is not permitted to consider land use in providing water user This discussion will include the following: 1. a brief overview of Avon’s recent updates to our landscape regulations, 2. a discussion on options for monitoring and enforcement of outdoor irrigation for existing developments, 3. potential enforcement of reasonable limits for outdoor irrigation, and 4. opportunities to coordinate the Town of Avon’s and Eagle County’s efforts to promote water conservation. The desired outcome is to determine if we can set goals or milestones in 2024 to align and advance our respective water conservation efforts, including assessment of existing landscape regulations, identification of excessive water users, community outreach and education, and legal research of options for water conservation enforcement. OVERVIEW OF STATUTORY AUTHORITY AND PROCESS FOR A MULTI-REGIONAL HOUSING AUTHORITY: The Town of Avon and Eagle County have each identified Community Housing as a top priority for the regional community. The Town of Avon, Eagle County and Town of Vail have agreed to share the local match to secure a $200,000 grant from the Department of Local Affairs to update the regional housing needs assessment and develop a regional action plan strategy to meet the housing needs of the community. One potential strategy is the formation of a regional housing authority. An introduction and overview of the Regional Housing Authority statutes will be presented for general awareness and education. 2024 HOUSING RELATED LEGISLATION: The 2024 Colorado Legislative Session is expecting a series of housing related bills to be introduced. This topic will include an overview of the bills we expect to be introduced and a discussion of potential housing related bills that Avon, Eagle County and our region may Page 2 of 2 support. The desired outcome of this topic is to understand the bills that are likely to be introduced and identify alignment in our positions on bills. The CAST ideas paper and positions papers are included with this Report. Expected and potential bills include: • Strategic Growth Bill • Accessory Dwelling Unit Bill • Short Term Rental Assessment Reclassification Bill • Transit Oriented Development Bill In addition, there is pending discussion of potential Real Estate Transfer Fee bill which would authorize local jurisdictions to adopt a “fee” on the transfer of real estate to generate revenues for housing. A specific potential bill for discussion is a Short Term Rental Tax bill to authorize statutory towns and counties to refer a tax on short term rentals. This tax would be similar to a lodging tax except it would NOT apply to commercial lodging properties and the revenue would be pledged to community housing uses. Thank you, Eric ATTACHMENTS: CAST Idea Paper CAST Short Term Rental Tax Position Paper Strategic Growth Bill Accessory Dwelling Unit Bill Short Term Rental Assessment Reclassification Statewide Land Use & Housing Proposal July 2023 HOUSING AND LAND USE GOALS : The following goals respond to the current workforce housing crisis. 1. Ensure that attainable housing opportunities respond to the needs of each Colorado community, including a variety of sizes, price points, and accommodations for persons with disabilities. 2. Reduce sprawl, increase density, promote infill development, and compact, walkable communities with multi-modal transportation alternatives to reduce personal vehicle miles travelled and greenhouse gas emissions (GHGs). 3. Build resilient communities with cost effective and sustainable infrastructure. 4. Implement changes to land use, transportation and infrastructure planning and funding to increase livability for Colorado residents, maintain and strengthen communities and reduce infrastructure costs and GHGs. PROPOSAL: Achieving these goals will require comprehensive and coordinated state and local government legislaƟon to address transportaƟon, housing, and infrastructure in new and thoughƞul ways to change land use paƩerns. This proposal includes a combinaƟon of legislaƟve requirements, authorizaƟons, and condiƟonal funding to provide an effecƟve framework that supports workforce housing development at the local level. CoordinaƟon between county and municipal land use authoriƟes and consideraƟon of water supplies and infrastructure capacity is essenƟal for the success of any large-scale workforce housing effort. This proposal is intended to establish a strong commitment at the state level to increase workforce housing while maintaining control at the local level to determine the best strategies to achieve the state and local workforce housing goals. 1. Require Workforce Housing Plans Require municipaliƟes and counƟes to complete and implement a housing needs assessment and housing plan. Establish minimum standards and data collecƟon for housing needs assessments and plans so the State can compile uniform data. Require the adopƟon of a land use strategy to implement idenƟﬁed housing goals. Authorize and promote coordinated regional workforce housing planning by counƟes and municipaliƟes. 2. Local Area Median Income DeterminaƟon Through the housing plan, idenƟfy local AMI levels for which workforce housing is needed and appropriate in each jurisdicƟon. Alignment is needed between state funding sources and locally idenƟﬁed AMI levels. 3. CondiƟon State Funding on AdopƟon of Housing Plan Require adopƟon of a housing plan that is compliant with minimum state standards as a condiƟon of eligibility for funding for housing, transportaƟon, parks, and uƟlity infrastructure. Require housing plans for both municipaliƟes and counƟes or combined regional housing plans. Establish performance standards for residenƟal housing that is Ɵed to all state funding, including funding for uƟlity infrastructure, transportaƟon, economic development, resiliency, sustainability, and housing. The performance standards could be those strategies outlined in SB23-213. Require local commitment to some level of growth in housing units similar to Prop 123, provided that the deﬁniƟon of affordable housing uses AMIs that are appropriate for each jurisdicƟon as idenƟﬁed in their housing plan. Include state funding to provide technical support for all aspects of local workforce housing efforts, including planning, land use strategies, forming local housing authoriƟes, and implemenƟng workforce housing projects. 4. LegislaƟve ProhibiƟons and AuthorizaƟons Private covenants are oŌen an impediment to implemenƟng workforce housing strategies. Support legislaƟon which invalidates private covenants which prohibit housing deed restricƟons and accessory dwelling units. Prohibit private covenants which require water intensive landscaping. Authorize local government water conservaƟon landscaping requirements to supersede private covenants. 5. Water Adopt an aggressive statewide per capita per day usage standard that applies to every new development whether in a county or a municipality. Adopt a schedule for all exisƟng residenƟal units to come into compliance with the new standard. Authorize water and sewer districts to coordinate available water supplies with workforce housing plans. 6. New Revenue AuthorizaƟon Explore tax strategies that generate new revenues to drive creaƟon of workforce housing. A) Consider changes to the assessment categories that would tax vacant homes and short-term rentals at a higher rate with addiƟonal revenues restricted to workforce housing. AlternaƟvely, empower local jurisdicƟons to raise funds for housing by taxing vacant homes and/or short-term rentals. B) Increase allowable tax that can be proposed by local or regional housing authoriƟes. C) Amend TABOR to authorize local elecƟons on new real estate transfer taxes (RETT) to generate revenues for workforce housing. 7. Coordinated Land Use Planning Require coordinated land use planning among municipaliƟes, counƟes, and special districts that achieves higher density, increased access to mulƟ-modal transportaƟon opportuniƟes, and reduced cost of public infrastructure. Require that any new annexaƟons meet certain land use performance standards while at the same Ɵme curtailing opportuniƟes for sprawling development in unincorporated areas. Where coordinated planning has occurred, reduce barriers to development. 8. Insurance Reform Reform the insurance industry to reduce barriers to the development of mulƟ-family housing units. ~~~~ CAST communiƟes have aggressively pursued affordable housing for 30+ years, with demonstrable posiƟve outcomes. We conƟnue to update regulaƟons and implement programs to incenƟvize affordable housing, as well as invest signiﬁcant municipal funds. Through these efforts CAST communiƟes have built a deep and nuanced understanding of the interplay between market forces and the regulatory environment on affordable housing. CAST appreciates the State’s focus to increase housing affordability in Colorado and stands ready to idenƟfy acƟons that will result in more affordable housing for Coloradoans. COLORADO ASSOCIATION OF SKI TOWNS HOUSING TASK FORCE 2024 LEGISLATIVE POSITION STATEMENT SHORT TERM RENTAL TAX AUTHORIZATION OVERVIEW: The Colorado Association of Ski Towns (“CAST”) represents the mountain resort communities throughout Colorado. Colorado’s ski industry generates $4.8 billion in annual economic output, supports more than 46,000 year-round equivalent jobs, and generates $1.9 billion per year in labor income. (RRC Associates). The lack of available and attainable housing for employees in Colorado mountain resort communities has reached a crisis level which is directly impacting the provision of basic services as well as the ability to adequately staff and operate all businesses, from ski resort companies to locally-based small businesses. The CAST Housing Task Force supports targeted legislation to provide increased financial resources for Colorado mountain communities to address housing needs. SHORT-TERM RENTALS: CAST supports legislation to specifically authorize statutory counties and municipalities to refer Short Term Rental tax questions to the voters with the proceeds of such revenues to be dedicated to local workforce housing and associated public infrastructure improvements. Short Term Rental taxes would NOT apply to hotel and lodging properties which are assessed as commercial land use. Several home rule municipalities in Colorado have recently received voter approval by strong margins for Short Term Rental Tax (Aspen – 5-10%; Avon – 2%; Carbondale – 6%; Crested Butte – 7.5%; Dillon – 5%; Frisco – 5%; Ouray – 15%; Mount Crested Butte – 2.9%; Steamboat Springs – 9%, Telluride – 4.5%). The rapid conversion of existing housing stock to short term rentals contributes the workforce housing shortages. Nearly all CAST communities have adopted short term rental regulations after significant community involvement. A Short Term Rental Tax authorization creates another potential revenue stream for local workforce housing projects, AND better balances the taxation of short term rentals with commercial lodging properties that pay more for commercial properties. Short Term Rental taxes have consistently received strong voter approval (with the exception of Grand Junction). Authorization for Short Term Rental taxes would offer another tool and potential revenue source to support additional workforce housing development. CONTACT INFORMATION: For more information please contact, Margaret Bowes, Executive Director, Colorado Association of Ski Towns, (970) 389-4347, mbowes@coskitowns.com; or Eric Heil, CAST Housing Task Force Chairperson, (303) 518-4678. 1 Strategic Growth Bill Outline Sponsor: Senator Roberts Please note: This is an outline focusing on several key topics we know the policy will need to address, and that we need stakeholder input on. This outline identifies key topics and some potential options, and is meant to start the conversation on several placeholder s (noted in [highlights]). Budget: $10M (general fund), in Governor’s budget proposal Overview: Primary sections include (1) housing needs analyses and housing needs plans, (2) codification of statutory components to support strategic growth incentives; and (3) Comprehensive Plan reform. Key Bill Objectives and Goals: ● Create a planning framework that aligns state, regional, and local efforts to reach shared strategic growth goals ● Provide opportunities for collaboration and cooperation ● Improve local access to data and best practices ● Identify quantifiable metrics to track progress over time ● Align funding across agencies for greater impact Policy Components: I. Housing Needs Analysis and Housing Needs Plans A. DOLA shall administer this section following these goals: ● The goals of this component are: track and measure progress towards housing goals, support regions to work together on addressing their housing needs, and address the housing needs of low and moderate -income residents, as well as middle-income residents in Rural Resort Job Centers. ● The state housing needs analysis is intended to serve as guidance in developing local and regional housing needs plans. It allows the state to have accurate and necessary information to mediate disputes as localities and regions work to reach their housing goals. ● Regional cooperation on housing plans can promote sharing of resources to increase housing production. ● Recognize the importance of equitably quantifying housing needs to account for opportunities for low and moderate income workers in job centers and high - opportunity areas. ● Provide substantive housing and land use technical support to analyze and share local and regional data; support regions and localities obligated to complete HNAs and HNPs; provide additional support to localities that opt -in to incentivized local or regio nal planning elements, code assessments, and code updates; and comprehensively track and guide communities in emerging best practices. 2 B. State Housing needs analysis. DOLA must (1) develop a methodology for state, regional, and local housing needs analyses and (2) conduct an analysis to estimate the number of housing units needed (considering type, affordability levels, and other relevant factors) over the next [x years]. This analysis/methodology would identify housing needs at the state level, and develop a methodology and estimates for the regional and local levels. C. Regional Housing Needs Plans. Regional housing needs plans shall be [r equired? incentivized? Optional?] for regions including jurisdictions within [MPOs? Rural Resorts? multi -jurisdictional areas, commute-sheds?] DOLA will provide funding, technical assistance, and incentives for locals to (1) utilize regional housing needs plans in local housing needs plans and (2) join together to complete regional housing needs plans. D. Local Housing Needs Plans. Local Housing Needs Plans that meet all required elements will make the jurisdiction eligible for the [strategic growth incentives]. For jurisdictions in [MPOs? Rural Resorts? Regional Needs Plan Option?] a housing needs plan will be [r equired? incentivized? Optional?]. Regions may receive technical assistance and funding from DOLA. A housing needs plan would be required to be completed every [x years]. Within a Housing Needs Plan submittal, local jurisdictions would report data to DOLA every [X years] on housing production and zoning data. The state would publish this data. E. Required Elements in Housing Needs Plans. As part of a local or regional housing needs plan, jurisdictions must include: ● [quantification of housing needs at different AMI levels?] ● [incorporation of regional jobs-housing factors?] ● [affordability strategies?] ● [displacement mitigation analysis?] ● [development approvals process -efficiency strategies?] ● [code assessment for efficiency?] ● [public involvement?] ● [projected demographics?] Existing local housing plans that meet the above criteria will meet the requirements of this section if submitted to DOLA by [X date]. Existing local housing needs plans that meet some requirements of this section will be updated to include all requirements by [x date]. F. Appeals/dispute process. Local jurisdictions or regions may appeal or seek to resolve disputes related to achieving the goals of this section by [placeholder for stakeholder discussions] 3 II. Strategic Growth Goals, Planning, and Incentives A. Colorado's Strategic Growth Goals (placeholder for updates to goals from Strategic Growth EO) B. Statewide/Regional Planning and Incentives for Strategic Growth. This section is intended to set a framework for statewide and regional planning that aligns housing goals with intersecting strategic growth efforts, including (but not limited to) transportation. The framework will create an incentive structure for exist ing state and regional funding to support implementation of Transit Oriented Communities, as well as other strategic growth efforts as identified. 1. [Placeholder for state agency plans and strategic growth incentives TBD] 2. Strategic Growth incentives and planning in urban areas. CDOT, within [the 10-Year-Plan or associated efforts], and MPOs, [within Regional Transportation Plans or associated efforts], must develop a vision and strategies that identifies and integrates the following: ■ locally-identified Urban Centers and Neighborhood Centers ■ major regional travelshed corridors, both for commuter travel patterns as well as other major travel patterns ■ local and regional strategies for multimodal travel, transit, and complete streets ■ an incentive structure that [encourages? strongly incentivizes? requires?] local jurisdictions to propose and prioritize projects that accomplish the above items, and to meet Housing Opportunity Goals [for jurisdictions where those apply]. The incentive structure shall include, but not be limited to, funding from Statewide Transportation Block Grants (STBG), Congestion Mitigation and Air Quality (CMAQ), Multimodal Options Fund (MMOF), Revitalizing Main Streets (RMS), Transportation Alterna tives Program (TAP), and the Carbon Reduction Program (CRP). 3. Growth Corridors. MPOs and CDOT shall set criteria that define and identify Growth Corridors that have a substantial amount of new development outside of 2020 Census Urbanized Areas. Within each Growth Corridor, the [MPO and CDOT jointly?] must develop and maintain a corridor Transportation Demand Management (TDM) Plan that: ■ aligns with CDOT interchange policies ● identifies all potential new or modified interchanges and associated existing and future development ● identifies methods to incentivize development to meet Neighborhood Center criteria ● conducts fiscal analysis of long-term infrastructure maintenance costs associated with Growth Corridors 4 4. Urban Center/Neighborhood Center Transportation Study. CDOT must conduct a study in coordination with the next 10 -Year-Plan identifying policy opportunities and barriers to implementing context-sensitive design, complete streets, and pedestrian-bicycle safety in locally-identified Urban Centers and Neighborhood Centers. 5. Neighborhood Centers for Rural Resort and Rural Communities. [State Agencies TBD] must identify Neighborhood Center criteria that is specific to the context of Rural Resort Job Centers and Rural communities so that local jurisdictions may opt-in to identify areas as Neighborhood Centers. III. Comprehensive Plan Reform A. Goals. In administering this section DOLA shall follow these goals: ● Encourage communities to plan with strategic growth goals in mind. ● Create guidelines/guidance regarding each required element and permissive elements (permissive elements are defined as voluntary but with guidance in statute). ● Retain flexibility in the implementation of local Comprehensive Plan elements. Items listed within the Strategic Growth element may continue to be met through other chapter names such as a "Land Use element" or "Place Types element". ● Include jurisdictions that meet the requirements of this section within the [Strategic Growth Incentives]. ● Update the statute for county master plans to mirror municipalities in requiring adoption by elected boards (CRS 30 -28-106(1)). B. Definitions: ● Urban Centers: Within Corridor Areas. Urban Centers generally have the highest densities, job opportunities, robust transit networks, and need for affordable housing. ● Neighborhood Centers: Areas within MPO boundaries, and outside of Corridor Areas. Areas identified by jurisdictions to meet the characteristics of downtowns, main streets, commercial corridors, and mixed use neighborhoods. Appropriate for housing growth, generally have some transit service, and moderate densities. The need for afforda ble housing is high in some areas and growing in others. They lack the existing frequent transit of Corridor Areas, although many are planned for future increases in density and transit service. 5 C. Required Comprehensive Plan elements. The following Comprehensive Plan elements are required when Comprehensive Plans are updated for [Counties and/or municipalities who currently do Comp Plans? which elements for counties, which elements for municipalities? only jurisdictions in MPOs and rural resorts?] 1. Strategic growth element. Within a Strategic Growth element, jurisdictions shall include the following: ■ Identify infill development areas and redevelopable areas by conducting a Buildable Lands Analysis. From this analysis they shall identify priority Opportunity Sites and describe the infrastructure and transportation needs and action steps to serve these sites. ■ Jurisdictions will identify whether any Opportunity Sites have been voluntarily designated as Urban Centers or Neighborhood Centers. ■ Within Growth Corridors, jurisdictions must conduct a Greenfield Development Analysis that identifies all anticipated future development as well as areas that may meet criteria for Neighborhood Centers. Jurisdictions must also identify any alignment with Growth Corridor Transportation Demand Management (TDM) Plans. ■ Jurisdictions must identify their 3 mile planning boundary and integrate plans for that area into the Comprehensive Plan. The 3 -mile Plan as described in statute will remain a separate annexation-related requirement and jurisdictions that have a compliant 3-mile Plan per the annexation statute may satisfy this requirement by referring to that plan. 2. Water element. [Guidance for a water element already exists in statute, however completing a water element is currently voluntary for local jurisdictions. This would make it a required element.] ■ During a local Comprehensive Plan process, water providers outside the local government (special utility districts) will engage with local govts and provide specific information on redevelopment, density, and supply where the local government has identified that this information is necessary to provide support to Urban Centers and Neighborhood Centers. 3. Housing element. The plan must assess and address housing needs of current and future residents at all levels of affordability. It must include locally-appropriate goals, strategies, and actions to promote affordable housing development. This work must use the best available data (e.g., State Demography Office data or a recent housing needs assessment). It will include findings from the Housing Needs Assessments and Plans that the local government has determined are relevant to integration with transportation, infrastructure, and other elements. 4. Natural and agricultural land priorities element. Jurisdictions will identify natural lands and agricultural lands and strategies for conservation. For areas identified as Conservation Areas in the Greenfield Development Analysis in the Strategic Growth element, priority action steps towards local conserv ation goals shall be described. 6 5. Action Plan. This would [require? incentive? Optional?] that Comprehensive Plans include an action plan that identifies and prioritizes implementation activities, including estimated timelines. 6. New adoption and submittal requirements. Jurisdictions will be required to submit Comprehensive Plans to DOLA within [X days] of adoption. Boards of County Commissioners will be required to adopt the County Comprehensive Plan [currently they are adopted by County Planning Commissions]. Jurisdictions are required to update Comprehensive Plans at a maximum of [x years] from the previous Comprehensive Plan update. 7. Comprehensive Plan-aligned Code. This would [require? incentive? Optional?] that local zoning codes be in alignment with a newly adopted comprehensive plan or update within [x] years [for x communities]. IV. Annexation Issues V. Climate Action Reporting VI. Water ■ local [municipal? special district?] water providers with greater than [x size] are [enabled? incentivized? required?] to adopt a written policy prioritizing their water supply for affordable housing when feasible. Colorado Association of Ski Towns * PO Box 3823, Dillon CO 80435 * CoSkiTowns.com * 970.389.4347 MEMORANDUM DATE: December 20, 2023 TO: Senator Dylan Roberts FROM: Colorado Association of Ski Towns RE: Strategic Growth Bill Outline – CAST Comments __________________________________________________________________________________ CAST appreciates the opportunity to provide our input on the outline for strategic growth legislation that you emailed local government stakeholders on 12.8.23. We will have more targeted input as more details emerge, but below are CAST’s initial thoughts. General As you will likely recall from the last legislative session, the way affordable housing is sometimes defined can be problematic for resort communities. It would be helpful if a future bill would include an affirmative statement that the local jurisdictions will be responsible for determining needs at various AMI levels and that the State will recognize and support efforts for housing at all levels identified by the local jurisdictions. Most of the potential requirements in the bill outline would seem to apply to metropolitan planning organization areas, so it is not clear that there is a need to bring back the term Rural Resort Job Centers (RRJC). This term was created during the last legislative session and left off unincorporated areas that drive significant housing demand in the same vicinity as named RRJCs (ie. Beaver Creek Resort, Copper Mountain Resort, etc.). If the RRJC references in the Strategic Growth bill outline are intended to apply generally to these resort areas, we suggest using the term Rural Resort Areas. At the same time, CAST is not advocating for including new municipalities within the RRJC definition from the last session for the purpose of assigning them additional obligations, especially if they are geographically isolated or distant from the named RRJC communities. Terms such as Urban Centers, Neighborhood Centers and Growth Corridors are unfamiliar so a definition would be helpful. Commonly-used terms are preferred. For example, local governments use the terms Housing Needs Assessment and Housing Plan. Is a Housing Needs Analysis and a Housing Needs Plan the same or different? Colorado Association of Ski Towns * PO Box 3823, Dillon CO 80435 * CoSkiTowns.com * 970.389.4347 I. Housing Needs Analysis and Housing Needs Plan CAST supports a requirement for communities to complete needs assessments and plans but feels strongly that, if required, the State should provide the funding to local governments. These documents are expensive to compile, and because this would be a new requirement coming from the State, the State should provide 90% of the funding for their development. If that funding is not available, the requirement should not apply. We also would suggest a small shift in terminology. Our needs will generally exceed our abilities, so while it will be important to regularly update our understanding of our needs, what we need most every five years is an “opportunity assessment.” The opportunity assessment would feed into the housing needs plan. C. Regional Housing Needs Plans There is great value in regional planning and it should be incentivized; however, regional planning does not make sense for every community. (For example, Estes Park would not necessarily benefit from a regional housing planning effort with Fort Collins.) Local communities should determine their local or regional planning area. D. Local Housing Needs Plans There are limited housing consultants in the state so up to three years should be allowed from the date legislation passes to complete an initial needs assessment and plan. We would be comfortable updating plans every five years thereafter, if funding is available. CAST supports a “carrot” approach where communities that have implemented x number of strategies get prioritized for additional state funding. CAST generally agrees with the list of Strategies that were included in SB23-213. E. Required Elements in Housing Needs Plans The list in the outline is a good start. We suggest that “development approvals process-efficiency strategies” and “code assessment “ bullets be removed as they would not be part of a housing plan. II. Strategic Growth Goals, Planning, and IncenƟves This section seems to apply entirely to MPOs and Urban Areas, but then in Item #5 references Rural Resort. Will state agencies work with local communities to identify Neighborhood Centers? What exactly would be the benefit to the community of that designation? We look forward to more information on opt-in criteria referenced. Generally, communities with adequate transit service to connect jobs with workforce should qualify a community to opt in. What are Housing Opportunity Goals? CAST would like local communities to have the ability to lower speed limits on state highways, at least in these designated urban and neighborhood centers, in order to create walkable communities and link housing with access to transit. (Pedestrian crossings require a 35 mph speed limit.) III. Comprehensive Plan Reform Section C, #1 Strategic Growth Element: Recommend striking “3 Mile Plan,” as it won’t make sense to every community to incorporate this into the comprehensive plan. DOLA has grant money for Colorado Association of Ski Towns * PO Box 3823, Dillon CO 80435 * CoSkiTowns.com * 970.389.4347 coordinated land use planning projects. It is a good program and more funding for the program would be beneficial. Section C, #5 Action Plan: This should be optional. It is important to note that Comp Plans are not action plans. Action planning should not be part of comprehensive plans which are high level, strategic plans. Requiring a community to plan implementation actions as part of their comprehensive plan could be counterproductive and inhibit the visioning needed in a comprehensive plan. Section C, #5 Comprehensive Plan-aligned code: CAST does not support this. Comprehensive plans are not regulatory, and governing bodies are responsible for passing land use ordinances with the plan as a guide but not as a binding direction. Making the plan regulatory could become counterproductive and inhibit the visioning needed in a comprehensive plan. It would also lead to predictable lawsuits as members of the community would inevitably argue over the meaning of the comprehensive plan and what regulations it requires. Section C, #6 New Adoption and submittal requirements: Suggest submitting report to DOLA within 90 days. Update comp plan every 10 years, especially if state funding remains available to support these efforts. This is a good practice but shouldn’t be punitive if it takes longer. IV. AnnexaƟon We have annexation law that guides how this is done. Annexation is a useful tool to build affordable housing and ensure the types of development patterns that are consistent with the Governor’s Strategic Growth Objectives. Municipalities don’t want to limit our ability to annex and want to do it in cooperation with counties. Let’s not create problematic legislation to fix a couple of “bad actors”. Coordinated land use planning between municipalities and counties is complex, but a benefit. V. Water We understand this is trying to help with water and sewer providers that tend to not have vested interest in investing in affordable housing. But it is not clear what sort of policy would really be required, and this appears to fall better as matter for communities to discuss and consider rather than require specific policy points. Accordingly, this belongs in the Comp Plan where a community would identify who the water service provider is and if there is limited water to provide for future development. CAST suggests that this section belongs in the Water Element of Comp Plan section. Other: Transit oriented components If there will be a separate Transit Oriented Communities bill, it might be confusing to also include reference to Transit Oriented Communities in the Strategic Growth bill. CAST intends to track the Transit Oriented Communities bill as CAST communities will be interested in Opt-in provisions and the funding that might be included in that bill. It is important to note that the current State definition of Transit Oriented Development doesn’t work for rural communities and has resulted in CAST communities having been denied grant money. A refinement of that definition is needed for rural and rural resort transit oriented development to access funding. CAST is happy to provide more detail on this. UNEDITED UNREVISED DRAFT 12/6/23 BILL TOPIC: Accessory Dwelling Units Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO DRAFT LLS NO. 24-0454.03 Pierce Lively x2059 HOUSE BILL House Committees Senate Committees A BILL FOR AN ACT 101 CONCERNING ENCOURAGING THE USE OF ACCESSORY DWELLING UNITS, 102 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill summary for this measure has been intentionally omitted and will appear on future redrafts of this measure. 1 Be it enacted by the General Assembly of the State of Colorado: HOUSE SPONSORSHIP Amabile, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words indicate deletions from existing law. UNEDITED UNREVISED DRAFT 12/6/231SECTION 1. In Colorado Revised Statutes, add article 35 to title 2 29 as follows: 3 ARTICLE 35 4 State Land Use Criteria For Affordable Housing 5 PART 1 6 ACCESSORY DWELLING UNITS 7 29-35-101. Legislative declaration. (1) (a) THE GENERAL 8 ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT: <{I have 9 left this spot for a legislative declaration. It is worth noting that this 10 legislative declaration only applies to this Part 1 and does not apply to 11 the rest of the bill. To the extent you want a leg. dec. that applies to the 12 entire bill, you will need a nonstatutory leg. dec.}> 13 (b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT . 14 29-35-102. Definitions. AS USED IN THIS PART 1, UNLESS THE 15 CONTEXT OTHERWISE REQUIRES: 16 (1) "ACCESSORY DWELLING U NIT " MEANS AN INTERNAL, 17 ATTACHED, OR DETACHED DWELLING UNIT THAT: 18 (a) PROVIDES COMPLETE INDEPENDENT LIVING FACILITIE S FOR ONE 19 OR MORE INDIVIDUALS; 20 (b) IS LOCATED ON THE SAME LOT AS A PROPOSED OR EXIST IN G 21 PRIMARY RESIDENCE; AND 22 (c) INCLUDES FACILIT IES FOR LIVING, SLEEPING, EATING, COOKING, 23 AND SANITATION. 24 (2) "ACCESSORY DWELLIN G UNIT SUPPORTIVE JURISDICTION" 25 MEANS A LOCAL GOVERNMENT THAT TH E D IVISION HAS CERTIFIED 26 PURSUANT TO SECTION 29-35-104 AS AN ACCESSORY DWELLIN G UNIT 27 SUPPORTIVE JURISDICTION. -2-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(3) "DISCRETIONARY APPROVAL PROCESS" MEANS A DEVELOPMENT 2 APPROVAL PROCESS CO ND UCTED PURSUANT TO LOCAL LAW THAT 3 REQUIRES A PUBLIC BODY OR OFFICIAL TO MAKE ONE OR MORE SUBJECTIVE 4 DETERMINATIONS CONCERNING A DEVELOPMENT APPLICATION, INCLUDING 5 WHETHER THE APPLICATION: 6 (a) IS CONSISTENT WIT H LOCAL DEVELOPMENT PLANS; 7 (b) IS COMPATIBLE OR CAN BE COMPATIBLE WITH THE LAND USE OR 8 DEVELOPMENT SURROUNDING THE AREA DESCRIBED IN THE APPLICATION; 9 (c) REQUIRES INDIVIDUALIZED EVALUATIONS RELATING TO 10 MITIGATION OF IM PACTS; OR <{What kinds of impacts?}> 11 (d) IS CONSISTENT WITH PUBLIC WELFARE OR COMMUNITY OR 12 NEIGHBORHOOD CHARACTER. 13 (4) "DIVISION" MEANS T HE DIVISION OF LOCAL GOVERNMENT 14 CREATED IN SECTION 24-32-103. 15 (5) "DWELLING UNIT " MEANS A SINGLE UNIT PROVIDING COMPLETE 16 INDEPENDENT LIVING FACILIT IE S FOR ONE OR MORE INDIVIDUALS, 17 INCLUDING PERMANENT FACILITIE S FOR COOKING, EATING, LIV ING, 18 SANITATION, AND SLEEPING. 19 (6) "HISTORIC DISTRICT" MEANS A DISTRICT ESTABLISHED BY 20 LOCAL LAW THAT MEETS T HE DEFINITION OF "DISTRICT" SET FORTH IN 36 21 CFR 60.3 (d). 22 (7) "HISTORIC PROPERTY" MEANS A PROPERTY LISTED: 23 (a) ON THE NATIONAL REGISTER OF HISTORIC PLACES; 24 (b) ON THE COLORADO STATE REGISTER OF HISTORIC PROPERTIES; 25 OR 26 (c) AS A CONTRIBUTING STRUCTURE OR HISTORIC LANDMARK BY 27 A CERTIFIED LOCAL GOVERNMENT, AS DEFINED IN SECTION 39-22-514.5 -3-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(2)(b). 2 (8) "LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY 3 CITY, TOWN, TERRITORIAL CIT Y OR TOWN, CITY AND COUNTY, OR COUNTY. 4 (9) "LOCAL LAW" MEANS ANY COD E , LA W, ORDINANCE, POLICY, 5 REGULATION, OR RULE ENACTED BY A LOCAL GOVERN MEN T THAT 6 GOVERNS THE D E VELOPMENT AND USE OF LAND, INCLUDING LAND USE 7 CODES, ZONING CODES, AND SUBDIVISION CODES. 8 (10) "LOW- AND MODERATE-INCOME HOUSEHOLD" MEANS A 9 HOUSEHOLD THAT HAS AN ANNUALIZED HOUSEHOLD INCOME OF EIGHTY 10 PERCENT OR LE SS OF AREA MEDIAN INCOME, AS DET ERMINED BY THE 11 FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 12 (11) "METROPOLIT AN PLANNING ORGANIZATION" MEANS A 13 METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT 14 ACT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED. 15 (12) "OBJECTIVE STANDARD" MEANS A STANDARD THAT: 16 (a) DOES NOT REQUIRE A PUBLIC BODY OR OFFICIAL TO MA KE A 17 PERSONAL OR SUBJECTIVE JUDGMENT; AND <{What is the difference 18 between a personal judgment and a subjective judgment?}> 19 (b) IS UNIFORMLY VERIFIABLE AND ASCERTAINABLE BY REFERENCE 20 TO AN AVAILABLE EXTERNAL OR UNIFORM BENCHMARK OR CRITERION BY 21 THE DEVELOPMENT APPLICANT OR PROPONENT AND THE PUBLIC BODY OR 22 OFFICIAL PRIOR TO THE DEVELOPMENT APPLICANT OR PROPONENT'S FILING 23 OF A DEVELOPMENT PROPOSAL. 24 (13) "RESTRICTIVE DESIGN OR DIMENSION STANDARD" MEANS A 25 STANDARD THAT: 26 (a) REQUIRES AN ARCHITECTURAL STYLE , BUILDING MATERIAL, OR 27 LANDSCAPING THAT IS DIFFEREN T FOR AN ACCESSORY DWELLING UNIT -4-DRAFT UNEDITED UNREVISED DRAFT 12/6/231THAN FOR A SINGLE-UN IT DETACHED DWELLING IN THE SAME ZONING 2 DISTRICT; 3 (b) DISALLOWS ACCESSORY DWELLING UNIT SIZES BETWEEN FIVE 4 HUNDRED AND EIGHT HUNDRED SQUARE FEET; OR 5 (c) REQUIRES SIDE OR REAR SETBACKS FOR AN ACCESSORY 6 DWELLING UNIT GREATER THAN THE SETBACKS REQUIRED FOR ACCESSORY 7 BUILDINGS IN THE SAME ZONING DISTRICT, OR IN THE CASE OF AN 8 ACCESSORY DWELLIN G UNIT WIT H A SINGLE STORY, REQUIRES SIDE OR 9 REAR SETBACKS GREATER THAN FIVE FEET. 10 (14) "SHORT-TERM RENTAL" MEANS . <{Placeholder for 11 updated definition.}> 12 (15) "SINGLE-UNIT DETACHED DWELLING" MEA NS A DETACHED 13 BUILDING WITH A SINGLE DWELLING UNIT ON A SINGLE LOT. 14 (16) "STANDARD EXEMPT PARCEL" MEANS A PARCEL THAT IS: 15 (a) NOT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT 16 SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5); 17 (b) A HISTORIC PROPERTY THAT IS NOT WITHIN A HISTORIC 18 DISTRICT; OR 19 (c) IN A FLOODWAY OR IN A ONE HUNDRED YEAR FLOODPLAIN, AS 20 IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 21 (17) "SUBJECT JURISDICTIO N" M EANS A MUNICIPALITY THAT IS 22 WITHIN A METROPOLITAN PLANNING ORGANIZATION. 23 (18) "USE BY RIGHT" MEANS A LAND USE, THE DEVELOPMENT OF 24 WHICH PROCEEDS UNDER OBJECTIVE STANDARDS SET FORTH IN ZONING OR 25 OTHER LOCAL LAWS, THAT DOES NOT HAVE A DISCRETIONARY APPROVAL 26 PROCESS. 27 29-35-103. Accessory dwelling unit requirements for a subject -5-DRAFT UNEDITED UNREVISED DRAFT 12/6/231jurisdiction. (1) A SUBJ ECT JU RISDICTION SHALL ALLOW ACCESSORY 2 DWELLIN G UNITS AS A USE BY RIGHT AS AN ACCESSO RY USE TO A 3 SIN GLE-UNIT DETACHED DWELLIN G IN ANY PART OF THE SUBJE C T 4 JURISDICTION WHERE THE JURISDICTION ALLOWS SINGLE-UNIT DETACHED 5 DWELLIN GS AS A USE BY RIGHT. <{Do you want to define "accessory 6 use"? Alternatively, do you need the "accessory use" phrasing at all?}> 7 (2) A SUBJECT JURISDICTION SHALL NOT: 8 (a) REQUIRE NEW PARKING IN CONNECTION WITH THE 9 CONSTRUCTION OR CONVERSION OF AN ACCESSORY DWELLIN G UNIT ; 10 (b) REQUIRE AN ACCESSORY DWE LLING UNIT, OR ANY OTHER 11 DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLIN G UNIT, TO BE 12 OWNER-OCCUPIE D; <{Do you want to define "owner-occupied"?}> 13 (c) APPLY A DESIGN OR DIMENSION STANDARD TO AN ACCESSORY 14 DWELLIN G UNIT THAT: <{Can (II) and (III) be rolled into the definition 15 of "restrictive design or dimension standard"?}> 16 (I) IS A RESTRICTIVE DESIGN OR DIMENSION STANDARD; 17 (II) IS MORE RESTRICTIVE THAN AN EQUIVALE NT STANDARD THAT 18 THE JURISDICTION APPLIES TO A SINGLE-UNIT DETACHED DWELLING IN THE 19 SAME ZONING DISTRICT AS THE ACCESSORY DWELLING UNIT; OR 20 (III) PREVENTS A PERSON FROM HAVING A RE ASO NABLE 21 OPPORTUNITY TO CONSTRUCT OR CONVERT AN ACCESSORY DWELLIN G 22 UNIT; OR <{I use the phrase "construct or convert" throughout the bill. 23 Can this just be "construct" or does that exclude instances where 24 existing structures are converted into ADUs?}> 25 (d) AMEND, DEVELOP, OR INTERPRET A LOCAL LAW APPLICABLE TO 26 AN ACCESSORY DWELLING UNIT IN A MANNER THAT INTERFERES WITH THE 27 INTENT OF THIS PART 1.<{Do you want to state the intent of this part -6-DRAFT UNEDITED UNREVISED DRAFT 12/6/231somewhere? Perhaps in the legislative declaration?}> 2 (3) NOTHING IN THIS SECTION PREVENTS A SUBJECT JURISDICTION 3 OR OTHER LOCAL GOVERNMENT FROM: 4 (a) ALLOWING THE CONSTRUCT ION OR CONVERSION OF AN 5 ACCESSORY DWELLIN G UNIT THAT IS SMALLER THAN FIVE HUNDRED 6 SQUARE FEET OR GREATER THAN EIGHT HUNDRED SQUARE FEET; 7 (b) REQUIRING PA R KING SPACES IN ACCORDANCE WITH THE 8 FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 9 12101 ET SEQ., AS AMENDED, OR TO OTHERWISE PROVIDE PARKING THAT 10 IS SIGNED FOR USE BY INDIVIDUALS EXPERIENCING DISABILIT IES; 11 (c) ALLOWING THE CONSTRUCTION OR CONVERSION OF MULTIPLE 12 ACCESSORY DWELLING UNITS ON THE SAME LOT; 13 (d) APPLYING A DESIGN OR DIMENSION STANDARD TO AN 14 ACCESSORY DWELLING UNIT; 15 (e) ADOPTING OR ENFORCING A GENERALLY APPLICABLE 16 REQUIREMENT FOR: 17 (I) THE PAYMENT OF AN IMPA CT FEE OR OTHER SIMILAR 18 DEVELOPMENT CHARGE, PURSUANT TO SECTION 29-20-104.5; OR 19 (II) THE MIT IGATION OF IM PACTS IN CONFORMANCE WIT H THE 20 REQUIREMENTS OF PART 2 OF ARTICLE 20 OF THIS TITLE 29; 21 (f) EN ACTING OR APPLYING A LOCAL LAW CONCERNING THE 22 SHORT-TERM RENTAL OF AN ACCESSORY DWELLIN G UNIT; 23 (g) APPLYING THE STANDARDS AND PROCEDURES <{I think this is 24 missing a word? Perhaps the "design standards and procedures"? 25 Maybe this phrase could just be replaced "local laws"?}> OF A HISTORIC 26 DISTRICT TO A LOT ON WHICH AN ACCESSORY DWELLING UNIT IS ALLOWED 27 IN THAT HISTORIC DISTRICT, INCLUDING A STANDARD OR PROCEDURE -7-DRAFT UNEDITED UNREVISED DRAFT 12/6/231RELATED TO DEMOLIT ION; 2 (h) APPLYING AND ENFORCING A LOCALLY ADOPTED BUILDING AND 3 FIRE CODE; OR 4 (i) ALLO WING THE CONSTRUCTION OF, OR ISSUING A PERMIT FOR 5 THE CONSTRUCTION OF, A SINGLE -UNIT DETACHED DWELLING IN AN AREA 6 ZONED FOR SINGLE -UNIT DETACHED DWELLIN GS. 7 (4) UNLESS A SUBJECT JURISDICT ION DECIDES OTHERWISE, THIS 8 SECTION ONLY APPLIES TO A P ARCEL THAT IS NOT A STANDARD EXEMPT 9 PARCEL. <{I think this subsection (4) is clearer without the highlighted 10 language. If a subject jurisdiction wants to apply this section to a 11 standard exempt parcel, there is nothing stopping that jurisdiction from 12 doing so.}> 13 29-35-104. Certification of a jurisdiction as an accessory 14 dwelling unit supportive jurisdiction - definition. (1) (a) A LOCAL 15 GOVERNMENT MAY SUBMIT TO THE DIVISION, IN A FORM AND MANNER 16 DETERMINED BY THE DIVISION, A REPORT DEMONSTRATING EVIDENCE OF 17 THE LOCAL GOVERNMENT: 18 (I) COMPLYING WITH SECTION 29-35-103; AND 19 (II) DOING ANY OF THE FOLLOWING: <{Do you want to require 20 some combination of the following, rather than just requiring evidence 21 of whether these were done?}> 22 (A) WAIVING OR REDUCING ACCESSORY DWELLIN G UNIT-RELATED 23 FEES THAT ARE INCURRED BY LOW- AND MODERATE-INCOME HOUSEHOLDS; 24 (B) ENACTING LOCAL LAWS GUARANTEEING THE AFFORDABILITY 25 O F CERTAIN ACCESSORY DWELLING UNIT S; <{Can a local law really 26 guarantee affordability? Maybe better to saying "increasing the 27 affordability"?}> -8-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(C) PRE-APPROVING PLANS FOR THE CONSTRUCTION OR 2 CONVERSION OF ACCESSORY DWELLIN G UNITS; 3 (D) IMPLEMENTING AN ACCESSORY DWELLING UNIT TECHNICAL 4 ASSISTANCE PROGRAM; 5 (E) IMPLEMENTING A PROGRAM TO REGULATE THE USE OF 6 ACCESSORY DWELLING UNITS FOR SHORT-TERM RENTALS; 7 (F) ENACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION 8 AND CONVERSION OF ACCESSIBLE AND VISITABLE ACCESSORY DWELLING 9 UNITS; <{Do you want to define these terms or reference definitions for 10 these terms from elsewhere?}> 11 (G) ENABLING A PATHWAY FOR THE LEGALIZATION OF 12 PREEXISTING ACCESSORY D WELLING UNITS; OR <{I see what you are 13 getting at here, but it seems potentially problematic to recognize the 14 current "illegality" of existing ADUs. Perhaps "Assisting in ensuring 15 that preexisting accessory dwelling units comply with local laws;"}> 16 (H) ANY OTHER ACTION THAT ENCOURAGES THE CONSTRUCTION, 17 CONVERSION, OR USE OF ACCESSORY DWELLIN G UNITS. 18 (b) (I) WITHIN NINETY DAYS OF RECEIVING A REPORT SUBMITTED 19 PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE DIVISION SH ALL 20 REVIEW THE REPORT, EIT HER APPROVE OR REJECT THE REPORT, AND 21 PROV IDE FEEDBACK ON THE REPORT TO THE LOCAL GOVERNMENT THAT 22 SUBMITTED THE REPORT. <{Should the division maybe score the reports? 23 I.e. a local government gets a 50 if they only satisfy the requirements of 24 section 29-35-103, a local government gets a 75 if they satisfy the 25 requirements of section 29-35-103 and implement two or more of the 26 listed policies in subsection (1)(a)(II), etc. This might make the later 27 prioritizing of these local governments more transparent.}> -9-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(II) IF THE DIVISION APPROVES A LOCAL GOVERNM E NT'S REPORT 2 SUBMIT TED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE 3 DIVISION SHALL ISSUE TO THAT LOCAL GOVERNMENT A CERTIFICATE 4 INDICATING THAT THE LOCAL GOVERNMENT QUALIFIES AS AN ACCESSORY 5 DWELLIN G UNIT SUPPORTIVE JURISDICTION UNTIL THREE YEARS FROM 6 WHEN THE LOCA L G OV ERNMENT SUBMITTED THE REPORT DESCRIBED IN 7 SUBSECTION (1)(a) OF THIS SECTION. 8 (III) IF THE DIVISION REJECTS A LOCAL GOVERNMENT'S REPORT 9 SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE 10 DIVISION MAY GRANT THE LOCAL GOVERNMENT AN ADDITIONAL ONE 11 HUNDRED TWENTY DAYS TO CORRECT ANY DEFICIENCIES IDENTIFIED IN 12 THE REPORT AND RESUBMIT AN AMENDED REPORT. WITHIN NINETY DAYS 13 OF RECEIVING AN AMENDED REPORT, THE DIV ISION SHALL REVIEW THE 14 AMENDED REPORT, EITHER APPROVE OR REJECT THE AMENDED REPORT, 15 AN D PROVIDE FEEDBACK ON THE AMENDED REPORT TO THE RELE VANT 16 LOCAL GOVERNMENT. 17 (c) NO LATER THAN JUNE 30, 2025, AND EVERY THREE YEARS 18 THEREAFT ER, A SUBJECT J URISDICTION SHALL SUBMIT THE REPORT 19 DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION. 20 (d) IF A LOCAL GOVERNMENT IS NOT A SUBJECT JURISDICTION AND 21 SUBMITS A REPORT PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, 22 THAT LOCAL G OV E RNMENT SHALL, AS PART OF THE REPORT, SUBMIT 23 EVIDENCE OF COMPLYING WITH T HE REQUIREMENTS FOR A SUBJECT 24 JURISDICTION DESCRIBED IN SECTION 29-35-103. 25 (2) (a) NO LATER THAN DAYS BEFORE A LOCAL GOVERNMENT 26 SUBMITS A REPORT PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, A 27 LOCAL GOVERNMENT SHALL NOTIFY THE DIVISION IF AN EXEMPTION IS -10-DRAFT UNEDITED UNREVISED DRAFT 12/6/231NECESSARY FROM A REQUIREMENT OF SECTION 29-35-103. 2 (b) (I) THE NOTICE DESCRIBED IN SUBSECTION (2)(a) OF THIS 3 SECTION MUST DEMONSTRATE THAT: 4 (A) THE WATER, SEWER, WASTEWATER, OR STORM WATER SERVICE 5 IN A SPECIFIC GEOGRAPHIC AREA OF THE LOCAL GOVERNMENT OR IN THE 6 LOCAL GOVERNMENT AS A WHOLE IS CURRENTLY DEFICIE NT; OR <{Should 7 this geographic area just be where ADUs would be allowed as a use by 8 right?}> 9 (B) THE LOCAL GOVERNMENT EXPECTS THE WATER, SEWER, 10 WASTEWATER, OR STORM WATER SERVICE IN A SPECIFIC GEOGRAPHIC AREA 11 OF THE LOCAL GOVERNMENT OR IN THE LOCAL GOVERNMENT AS A WHOLE 12 TO BECOME DEFICIENT IN THE NEXT FIVE YEARS. <{Same question.}> 13 (II) AS USED IN THIS SUBSECTION (2)(b), "DEFICIENT" MEANS, IN 14 REFERENCE TO THE LOCAL GOVERNMENT'S WATER SUPPLY MASTER PLAN, 15 WATER DISTRIBUTION AND WA STEWATER COLLECTION MASTER PLAN, 16 WASTEWATER MASTER PLAN, OR STO R M WATER MASTER PLAN, ISSUES 17 CONCERNING: 18 (A) WATER SUPPLY; 19 (B) WASTEWATER TREATMENT CAPACITY; 20 (C) WATER DISTRIBUTION AND WASTEWATER COLLECTION 21 CAPACITY; OR 22 (D) STORMWATER MANAGEMENT CAPACITY. 23 (c) IF A LOCAL GOVERNMENT SUBMITS A NOTICE TO THE DIVISION 24 PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE LOC AL 25 GOVERNMENT MAY INCLUDE A PLAN OF ACTION TO REMEDY THE DEFICIENT 26 WATER SUPPLY, WATER OR WASTEWATER TREATMENT CAPACITY, WATER 27 DISTRIBUTION AND WASTEWATER COLLECTION CAPACITY, OR STORM -11-DRAFT UNEDITED UNREVISED DRAFT 12/6/231WATER MANAGEMENT CAPACITY IN THE SPECIFIC AREA THE JURISDICTION 2 IDENTIFIED IN A CAPITAL IMPROVEMENT PLAN INCLUDED IN THE NOTICE. 3 <{Should this plan to remedy be required? If it is not required, what is 4 the purpose of this subsection?}> <{Should this list be the same 5 services (not capacity) described in subsection (2)(b)(I)?}> 6 (3) THE DIVISION MAY ADOPT RULE S OR PROMULGATE GUIDANCE 7 AS NECESSARY TO IMPLEMENT THIS SECTION. 8 <{Do you want to have a general statement that ADU supportive 9 jurisdictions should be prioritized for grant programs, do you want to 10 amend specific grant programs to prioritize these jurisdictions, or do 11 you want to indicate the preference of these jurisdictions in some other 12 way?}> 13 29-35-105. Accessory dwelling unit fee reduction and 14 encouragement grant program - created - application - criteria - 15 awards - fund - reporting requirements - rules - repeal - definitions. 16 (1) THERE IS HEREBY CREATED IN THE DIVISION THE ACCESSORY 17 DWELLIN G UNIT FEE REDUCTION AND ENCOURAGEMENT GRANT PROGRAM 18 TO PROVIDE GRANTS TO ACCESSORY DWELLIN G UNIT SUPPORTIVE 19 JURISDICTIONS FOR OFFSETTING COSTS INCURRED IN CONNECTION WIT H 20 DEVELOPING PRE-APPROVED ACCESSORY DWELLIN G UNIT PLANS, 21 PROVIDING ACCESSORY DWELLIN G UNIT TECHNICAL ASSISTANCE TO 22 PERSONS CONVERTING OR CONSTRUCTING ACCESSORY DWELLING UNITS, 23 OR WAIVING OR REDUCING ACCESSORY DWELLING UNIT ASSOCIATED FEES. 24 (2) GRANT RECIPIE NTS MAY USE THE MONEY RECEIVED THROUGH 25 THE GRANT PROGRAM TO OFFSET BOTH ELIGIBLE COSTS AND THE COST OF 26 WAIVING OR REDUCING REASONABLE AND NECESSARY ACCESSORY 27 DWELLIN G UNIT FEES. -12-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(3) THE DIVISION SHALL ADMINISTER THE GRANT PROGRAM AND, 2 SUBJECT TO AVAILABLE APPROPRIATIONS, RECEIVE GRANT APPLICATIONS 3 AND AWARD GRANTS AS PROVIDED IN THIS SECTION. 4 (4) TO RECEIVE A GRANT, AN ACCESSO R Y DWELLIN G UNIT 5 SUPPORTIVE JURISDICTION MUST SUBMIT AN APPLICATION TO THE DIVISION 6 IN ACCORDANCE WIT H RULES PROMULGATED BY THE DIVISION PURSUANT 7 TO SUBSECTION (9) OF THIS SECTION. AT A MINIM UM , THE APPLICATION 8 MUST INCLUDE THE FOLLOWING: 9 (a) A COPY OF THE CERTIFICATE ISSUED BY THE DIVISION 10 PURSUANT TO SECTION 29-35-104 CERTIFYING THAT THE LOCAL 11 G OV E R N M EN T IS A N A C CE S S O R Y D W E LLIN G UN IT SU PP ORTIVE 12 JURISDICTION; 13 (b) THE NUMBER OF ACCESSORY DWELLING UNIT S THAT THE LOCAL 14 GOVERN MENT HAS PERMIT TED AND WHEN THE LOCAL GOVERNMENT 15 ISSUED THOSE PERMITS; 16 (c) <{Would you like to include additional requirements? 17 Perhaps the number of fees that will be covered, the total dollar 18 amounts that will be covered, etc.?}> 19 (5) THE DIVISION SHALL REVIE W THE APPLICATIONS RECEIVED 20 PURSUANT TO SUBSECTION (4) OF THIS SECTION. IN AWARDING GRANTS, 21 THE DIVISION SHALL GIVE PRIORITY TO LOCAL GOVERNMENTS THAT: 22 (a) PROVIDE GREATER PROPORTIONAL OFFSETS FOR, OR WAIVE A 23 GREATER NUMBER OF ACCESSORY DWELLING UNIT FEES FOR: 24 (I) LOW- AND MODERATE-INCOME HOUSEHOLDS; 25 (II) ACCESSORY DWELLING UNITS THAT ARE AFFORDABLE; OR 26 (III) ACCESSORY DWELLIN G UNIT S T HAT ARE ACCESSIBLE OR 27 VISITABLE. -13-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(b) IMPOSE ACCESSORY DWELLING UNIT FEES THAT ARE 2 REASON ABLE AND NECESSARY; AND <{Is this duplicative with the 3 requirement in subsection (2) of this section?}> 4 (c) DEMONSTRATE A COMMITMENT TO ACCESSORY DWELLING UNIT 5 FEASIBILIT Y; <{What does this mean? Do you want to reference the 6 menu items in section 29-35-104 (1)(a)(II)?}> 7 (6) THE DIV IS ION SHALL AWARD NO MORE THAN TEN THOUSAND 8 DOLLARS TO A SINGLE LOCAL GOVERNMENT IN A GRANT AWARD. <{May 9 the division award local governments multiple grants? Perhaps, the 10 division can only award a local government one grant each year?}> 11 (7) (a) THE ACCESSORY DWELLING UNIT FEE REDUCTION AND 12 ENCOURAG EMENT GRANT PROGRAM FUND IS CREATED IN THE STATE 13 TREASURY. THE FUND CONS ISTS OF ANY MONEY THAT THE GENERAL 14 ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND AND GIFTS, 15 GRANTS, OR DONATIONS CREDITED TO THE FUND. THE STATE TREASURER 16 SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT 17 AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. 18 (b) SUBJECT TO ANNUAL APP RO PRIATION BY THE GENERAL 19 ASSEMBLY, THE DIVISION MAY EXPEND MONEY FROM THE FUND FOR THE 20 PURPOSE OF IMPLEMENTING AND ADMINISTERING THE GRANT PROGRAM. 21 (c) ON OR BEFORE JUNE 30, 2024, THE STATE TREA SU RER SHALL 22 TRANSFER TEN MILLIO N DOLLARS FROM THE GENERAL FUND TO THE FUND. 23 (8) ON OR BEFORE ____, AND ON OR BEFORE ____ OF EACH YEAR 24 TH E REAFTER, EACH LOCAL GOVERNMENT THAT RECEIVES A GRANT 25 THROUGH THE GRANT PROGRAM SHALL SUBMIT A REPORT TO THE DIVISION. 26 AT A MINIM UM, THE REPORT MUST INCLUDE THE FOLLO WING 27 INFORMATION: -14-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(a) THE NUMBER OF ACCESSORY DWELLIN G UNIT S WIT H 2 ACCESSORY DWELLIN G UNIT FE ES THAT LOCAL GOVERNMENTS REDUCED 3 OR WAIVED IN THE PAST YEAR IN CONNECTION WITH THE GRANT PROGRAM; 4 (b) THE NUMBER OF THE ACCESSORY DWELLING UNITS DESCRIBED 5 IN SUBSECTION (8)(a) OF THIS SE CT IO N THAT WERE BUILT IN THE PAST 6 YEAR THAT WERE EITHER BUILT BY LOW- AN D MO DERATE- INCOME 7 HOUSEHOLDS OR THAT ARE AFFORDABLE A CCESSORY DWELLIN G UNITS; 8 AND 9 (c) <{Do you also want reporting oriented towards the eligible 10 costs?}> 11 (9) (a) ON OR BEFORE ________ AND ON OR BEFORE ______ OF 12 EACH YEAR THEREAFTER FOR THE DURA T IO N OF THE GRANT PROGRAM, 13 THE DIVISION SHALL SU BMIT A SUMMARIZED REPORT TO THE 14 TRANSPORTATION, HOUSING, AND LOCAL G OVERNMENT COMMITTEE OF 15 THE HOUSE AND THE LOCAL GOVERNMENT AND HOUSING COMMITTEE OF 16 THE SENATE OR ANY SUCCESSOR COMMITTEES ON THE GRANT PROGRAM. 17 (b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), T HE 18 REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL 19 THE GRANT PROGRAM RE PEA LS PURSUANT TO SUBSECTION (12) OF THIS 20 SECTION. 21 (10) TH E DIVISION SHALL IMPLEMENT THE GRANT PROGRAM IN 22 ACCORDANCE WITH THIS SECTION. PURSUANT TO ARTICLE 4 OF TITLE 24, 23 THE DIVISION SHALL PROMULGATE RULES BOTH AS REQUIRED IN THIS 24 SECTION AND AS MAY BE NECESSARY TO IM PLE MENT THE GRANT 25 PROGRAM. AT A MINIMUM, THE RULES MUST SPECIFY: 26 (a) THE TIME FRAMES FOR APPLYING FOR GRANTS; 27 (b) THE FORM OF THE GRANT PROGRAM APPLICATION; AND -15-DRAFT UNEDITED UNREVISED DRAFT 12/6/231(c) THE TIME FRAMES FOR DISTRIBUTING GRANT MONEY. 2 (11) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE 3 REQUIRES: 4 (a) "ACCESSORY DWELLIN G UNIT FEE" MEANS A FEE DETERMINED 5 BY THE DIVISION TO BE COLLECTED IN CONNECTION THE CONSTRUCTION OR 6 CONVERSION OF AN ACCESSORY DWELLIN G UN IT. SUCH A FEE MAY 7 INCLUDE IMPACT FEES. 8 (b) "ELIGIBLE COSTS" MEANS COSTS INCURRED BY A LOCA L 9 GOVERNMENT AND DETERMIN E D BY THE DIVISION TO BE INCURRED IN 10 CONNECTION EIT HER WITH DEVELOPING PRE-APPROVED ACCESSORY 11 DWELLIN G UNIT PLANS OR PROVIDING ACCESSORY DWELLING UNIT 12 TECHNICAL ASSISTANCE TO PERSONS CONVERTIN G O R CONSTRUCTING 13 ACCESSORY DWELLING UNITS. 14 (b) "FUND" ME ANS THE ACCESSORY DWELLING UNIT FEE 15 REDUCTION AND ENCOURAGEM E NT GRANT PROGRAM FUND CREATED IN 16 SUBSECTION (7) OF THIS SECTION. 17 (c) "GRANT P R OGRA M" MEANS THE ACCESSORY DWELLING UNIT 18 FEE REDUCTION AND ENCOURAGEMENT GRANT PROGRAM CREATED IN THIS 19 SECTION. 20 (12) THIS SECTION IS REPEALED, EFFECTIVE . 21 SECTION 2. In Colorado Revised Statutes, 24-46-104, add 22 (1)(q) as follows: 23 24-46-104. Powers and duties of commission - repeal. (1) The 24 commission has the following powers and duties: 25 (q) TO CONTRACT WITH THE COLORADO HOUSING AND FINANCE 26 AUTHORIT Y, CREATED IN PART 7 OF ARTICLE 4 OF TITLE 29, FOR THE 27 OPERATION OF AN ACCESSORY DWELLIN G UNIT LOSS RESERVE PROGRAM -16-DRAFT UNEDITED UNREVISED DRAFT 12/6/231FOR THE PURPOSE OF OFFERING AFFORDABLE LOANS FOR THE 2 CONSTRUCTION OF ACCESSORY DWELLIN G UNIT S. 3 SECTION 3. In Colorado Revised Statutes, 38-33.3-106.5, add 4 (3) as follows: 5 38-33.3-106.5. Prohibitions contrary to public policy - 6 patriotic, political, or religious expression - public rights-of-way - fire 7 prevention - renewable energy generation devices - affordable 8 housing - drought prevention measures - child care - definitions. 9 (3) (a) NOTWIT HSTAND IN G ANY PROVISION IN THE DECLARATION, 10 BYLAWS, OR RULE S AND REGULATIONS OF AN ASSOCIATION T O T HE 11 CONTRARY, AN ASSOCIATION LOCATED IN AN ACCESSORY DWELLIN G UNIT 12 SUPPORTIVE JURISDICTION MUST NOT PROHIBIT ACCESSORY DWELLING 13 UNITS. ANY SUCH PROHIBIT ION ON THE PERMITTING OF ACCESSORY 14 DWELLIN G UNITS, OR THE IM POSITION OF DESIGN OR OTHER RESTRICTIONS 15 NOT IMPOSED ON SINGLE-FAMILY DETACHED DWELLIN GS THAT DO NOT 16 CONTAIN ACCESSORY DWELLING UNIT S, IS VOID AS A MATTER OF PUBLIC 17 POLICY. <{It could be argued that this is an unconstitutional limitation 18 on the freedom to contract. See, Colo. Const., Art. II, sec. 11.}> 19 (b) AS USED IN THIS SUBSECTION (3), UNLE SS THE C ONTEXT 20 OTHERWISE REQUIRES: 21 (I) "ACCESSORY DWELLIN G UNIT " HAS THE SAME MEANING AS SET 22 FORTH IN SECTION 29-35-102 (1). 23 (II) "ACCESSORY DWELLIN G UNIT SUPPORTIVE JURISDICTION" HAS 24 THE SAME MEANING AS SET FORTH IN SECTION 29-35-102 (2). <{How 25 would you like to address the fact that which local governments qualify 26 as accessory dwelling unit supportive jurisdictions will change?}> 27 <{JBC staff typically drafts the appropriations clauses, but I have -17-DRAFT UNEDITED UNREVISED DRAFT 12/6/231attempted to do so below, so that you can show anticipated numbers to 2 stakeholders.}> 3 SECTION 4. Appropriation. (1) For the 2024-25 state fiscal 4 year, $10,000,000 is appropriated to the department of local affairs for 5 use by the division of local government. This appropriation is from the 6 accessory dwelling unit fee reduction and encouragement grant program 7 fund created in section 29-35-105 (7), C.R.S. To implement this act, the 8 division may use this appropriation as follows: 9 (a) $XXX,XXX for program administration, which amount is 10 based on an assumption that the division of local government will require 11 an additional X.X. FTE; and <{I have left out the FTE assumption 12 language, since I am not sure how many FTEs will be needed.}> 13 (b) $XX,XXX,XXX for the accessory dwelling unit fee reduction 14 and encouragement grant program created in section 29-35-105, C.R.S. 15 (2) For the 2024-25 state fiscal year, $5,000,000 is appropriated 16 to the office of the governor for use by economic development programs. 17 This appropriation is from the general fund. <{I have left out the FTE 18 assumption language, since I am not sure how many FTEs will be 19 needed.}> To implement this act, the office may use this appropriation to 20 contract with the Colorado housing and finance authority for the 21 operation of an accessory dwelling unit loss reserve program. 22 SECTION 5. Safety clause. The general assembly finds, 23 determines, and declares that this act is necessary for the immediate 24 preservation of the public peace, health, or safety or for appropriations for 25 the support and maintenance of the departments of the state and state 26 institutions. -18-DRAFT DRAFT 10/10/23 BILL TOPIC: Lodging Property Tax Treatment Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO BILL 6 LLS NO. 24-0388.01 Megan McCall x4215 INTERIM COMMITTEE BILL @House1 Committees @House2 Committees A BILL FOR AN ACT 101 CONCERNING THE PROPERTY TAX TREATMENT OF REAL PROPERTY 102 THAT IS USED TO PROVIDE LODGING. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) Legislative Oversight Committee Concerning Tax Policy. The bill establishes that for property tax years commencing on or after January 1, 2026, a short-term rental unit, which is an improvement that is designated and used as a place of residency by a person, family, or families, but that is also leased for overnight lodging for less than 30 consecutive days in exchange for a monetary payment (short-term stay) Legislative Oversight Committee Concerning Tax Policy Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words indicate deletions from existing law. DRAFT 10/10/23 and is not a primary residence, and the land upon which the improvement is located, may be classified as either residential real property or lodging property. If, during the previous property tax year, a short-term rental unit was leased for short-term stays for more than 90 days then it is classified as lodging property, otherwise it is classified as residential real property. Actual value for a short-term rental unit that is classified as lodging property is to be determined solely by application of the market approach to appraisal. The bill also specifies, with an exception for a property that qualifies as a bed and breakfast, that a building or portion of a building designed for use predominantly as a place of residency by a person, a family, or families but that is actually used, or available for use, to provide short-term stays only is a hotel and motel. Additionally, the property tax administrator is required to establish and administer a pilot program to develop a statewide database and uniform reporting system to track short-term rental units. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. In Colorado Revised Statutes, 39-1-102, add 3 (5.5)(b.5), (15.7), and (15.8) as follows: 4 39-1-102. Definitions. As used in articles 1 to 13 of this title 39, 5 unless the context otherwise requires: 6 (5.5) (b.5) "HOTELS AND MOTELS" ALS O MEANS A BUILDING, OR 7 THAT PORTION OF A BUILDING, DESIGNED FOR USE PREDOMINANTLY AS A 8 PLACE OF RESIDENCY BY A PERSON, A FAMILY, OR FAMILIES, BUT THAT IS 9 ACTUALLY USED, OR AVAILABLE FOR USE, TO PROVIDE SHORT-TERM STAYS 10 O NLY ; EXCEPT THAT THE TERM EXCLUDES ANY IMPROVEMENT TH AT 11 QUALIFIES AS A BED AND BREAKFAST. 12 (15.7) "SHORT-TERM RE NTAL UNIT " MEANS AN IMPROVEMENT 13 THAT IS DESIGNED AND USED AS A PLA C E OF RESIDENCY BY A PERSON, A 14 FAMILY, OR FAMILIES, AND THAT IS NOT A PRIMARY RESIDENCE BUT THAT 15 IS ALSO LE ASED OR AVAILABLE TO BE LEASED FOR ON E OR MORE 16 SHORT-T E RM STAYS. THE TERM ALSO INCLUDES THE LAND UPON WHICH -2-DRAFT DRAFT 10/10/23 1 THE IMPROVEMENT IS LOCATED AND A PARCEL T HAT WOULD OTHERWISE 2 BE CLASSIFIE D ONLY AS RESIDENTIAL LAND UNDER SUBSECTION 3 (14.4)(a)(I)(C) OF THIS SECTION. 4 (15.8) "SHORT-TERM STAY" MEANS OVERNIGHT LODGING THAT IS 5 PROVIDED TO AN INDIVIDUAL OR BUS IN E SS FOR LESS THAN THIRTY 6 CONSECUTIVE DAYS IN EXCHANGE FOR MONETARY PAYMENT. 7 SECTION 2. In Colorado Revised Statutes, 39-1-103, add (10.8) 8 as follows: 9 39-1-103. Actual value determined - when - legislative 10 declaration. (10.8) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION 11 (10.8)(c) OF THIS SECTION AND NOTWITHSTANDING ANY OTHER PROVISION 12 OF THIS ARTICLE 1, FOR PROPERTY TA X Y E ARS COMMENCING ON AND 13 A FT E R JANUARY 1, 2026, A SHORT-TERM RENTAL UNIT MUST BE 14 CLASSIFIED AS EITHER RESIDENTIAL REAL PROPERTY OR LODGING 15 PROPERTY BAS E D O N THE USE OF THE PROPERTY DURING THE PREVIOUS 16 PROPERTY TAX YEAR AS FOLLOWS: 17 (I) IF, DURING THE PREVIOU S PROPERTY TAX YEAR, THE TOTAL 18 NUMBER OF DAYS THAT A SHORT-TERM RENTAL UNIT WAS LEA SE D FOR 19 SHORT-TERM STAYS WAS LESS THAN OR EQUAL TO NINETY DAYS, THEN THE 20 SHORT-TERM RENTAL UNIT IS CLASSIFIE D AS RESIDENTIAL REAL PROPERTY; 21 AND 22 (II) IF, D URING THE PREVIOUS PROPERTY TAX YEAR, THE TOTAL 23 NUMBER OF DAYS THAT A SHORT-TERM RENTAL UNIT WAS LE ASED FOR 24 SHO RT -TERM STAYS WAS GREATER THAN NINETY DAYS, THEN THE 25 SHORT-TERM RENTAL UNIT IS CLASSIFIED AS LODGING PROPERTY. 26 (b) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (5) OF 27 THIS SECTION, THE ACTUAL VALUE OF A SHORT-TERM RENTAL UNIT -3-DRAFT DRAFT 10/10/23 1 CLA SSIFIE D AS LODGING PROPERTY IS DETERMINED SOLELY BY 2 APPLICATION OF THE MARKET APPROACH TO APPRAISAL. 3 (c) (I) ON OR BEFORE JANUARY 15, 2026, AND JANUARY 15 OF 4 EACH Y E AR THEREAFTER, AN OWNER OF A SHORT-TERM RENTAL UNIT 5 SHALL SUBMIT TO THE ASSESSOR OF THE COUNTY IN WHICH THE PROPERTY 6 IS LOCATED AN AFFIDAVIT SIGNED BY THE OWNER UNDER THE PENALTY OF 7 PERJURY IN THE SECOND DEGREE IDENTIFYING THE T OTA L NUMBER OF 8 DAYS DURING THE PREVIOUS PROPERTY TAX YEAR THAT THE SHORT-TERM 9 RENTAL UNIT WAS LEASED FOR SHORT-TERM ST AYS. IN THE ABSENCE OF 10 CONTRARY INFORMATION, THE ASSESSOR SHALL USE THE INFORMATION IN 11 THE AFFIDAVIT FOR PURPOSES OF APPLYING SUBSECTION (10.8)(a) OF THIS 12 SECTION. 13 (II) THE ADMINISTRATOR SHALL ESTABLIS H THE FORM OF THE 14 AFFIDAVIT REQUIRED UNDER SUBSECTION (10.8)(c)(I) OF THIS SECTION, 15 AND A TAXPAYER MUST USE THIS FORM. 16 (d) IF A SHORT-TERM RENTAL UNIT ALSO QUALIFIES AS A BED AND 17 BREAKFAST, THEN IT IS ASSESSED AS A BED AND BREAKFAST IN 18 ACCORDANCE WITH SUBSECTION (10.5) OF THIS SECTION. 19 SECTION 3. In Colorado Revised Statutes, 39-1-104, amend 20 (1.6)(a) as follows: 21 39-1-104. Valuation for assessment - definitions. 22 (1.6) (a) Hotels, motels, bed and breakfasts, SHORT-TERM RENTAL UNITS 23 AS SET FORTH IN SECTION 39-1-103 (10.8)(a)(II), and ALL personal 24 property located at a hotel, motel, or bed and breakfast, OR SHORT-TERM 25 RENTAL UNIT AS SET FORTH IN SECTION 39-1-103 (10.8)(a)(II) are 26 classified as lodging property, which is a subclass of nonresidential 27 property for purposes of the valuation for assessment. Classification as a -4-DRAFT DRAFT 10/10/23 1 lodging property does not affect a partial allocation as residential real 2 property if a lodging property is a mixed-use property. 3 SECTION 4. In Colorado Revised Statutes, 39-2-109, amend 4 (m); and add (n) as follows: 5 39-2-109. Duties, powers, and authority - definition. (1) It is 6 the duty of the property tax administrator, and the administrator shall have 7 and exercise authority: 8 (m) To establish the forms required pursuant to part 2 of article 29 9 of title 38; C.R.S. AND 10 (n) TO ESTABLISH AND ADMINISTER A PROGRAM BEGINNING 11 JANUARY 1, 2026, FOR THE PURPOSE OF DEVELOPING A STATEWIDE 12 DATABASE AND UNIFORM REPORTING SYSTEM TO TRACK SHORT-TERM 13 RENTAL UNITS WHICH MUST BE SEARCHABLE BY COUNTY. 14 SECTION 5. Act subject to petition - effective date. This act 15 takes effect at 12:01 a.m. on the day following the expiration of the 16 ninety-day period after final adjournment of the general assembly; except 17 that, if a referendum petition is filed pursuant to section 1 (3) of article V 18 of the state constitution against this act or an item, section, or part of this 19 act within such period, then the act, item, section, or part will not take 20 effect unless approved by the people at the general election to be held in 21 November 2024 and, in such case, will take effect on the date of the 22 official declaration of the vote thereon by the governor. -5-DRAFT 970.748.4044 eheil@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager RE: Resolution 24-01 Finding the State Land Board Parcel is Eligible for Annexation DATE: January 4, 2024 SUMMARY: This report presents to Council Resolution 24-01 Finding the State Land Board parcel is eligible for annexation. This step is the second of three steps in the formal process to annex property into a municipality under the Colorado Municipal Annexation Act of 1965 (“Annexation Act”). Council is required to conduct a public hearing prior to taking action on Resolution 24-01. The State Land Board parcel is 97.602 acres in total. NOTE: This step is not actual annexation and is not agreement to zoning or any terms or conditions of annexation of a development approval. Rather, it only a finding that the property is eligible for annexation. The third step will involve a full review of the proposed zoning and development by Avon Planning and Zoning Commission and the Town Council and will include a series of public hearings. ELIGIBILITY CRITERIA: The criteria for eligibility is set forth in Colorado Revised Statute Section 31-12- 104. Essentially, the property must petition for annexation (which is the equivalent of a “vote” when there is a single owner of the property petitioning for annexation) and then Council must find that either the property is 1/6th contiguous OR there a “community of interest” exists between the parcel and the annexing municipality. The statutes are partially circular in that a finding of 1/6th contiguity with the Town suffices automatically to find that a “community of interest” exists. Another oddity that exists under the Annexation Act is that contiguity can be established by annexing a property in “one or more parcels in a series . . . completed simultaneously . . .” which allows for creative descriptions of triangles, spirals and other shapes within the overall parcel to technically meet the 1/6th contiguity requirement. This creation of internal shapes to annex in series simultaneous is not an actual subdivision, rather it is only for the purpose of description perimeters to establish 1/6 contiguity. This is archaic and confusing. The simple explanation is that if any portion of property touches the existing Avon Town Boundary, it is possible to establish 1/6 contiguity through the description of a series of parcels. The portion of the State Land Board parcel along Highway 6 is already developed and adjacent to existing commercial, industrial and residential development (i.e. Eagle Vail and Kayak Crossing). The portion of the State Land Board parcel on the north side of the Eagle River is adjacent to Village (at Avon) Planning Area I, which is zoned for up to 750 residential units and approximately 200,000 sq.ft. of commercial development. POSTING OF PUBLIC HEARING NOTICE: The notice of public hearing was posted for four consecutive weeks in the Vail Daily as required by the Annexation Act. PROPOSED MOTION: “I move to approve Resolution 24-01 Finding the State Land Board Parcel is Eligible for Annexation.” Thank you, Eric ATTACHMENT A: Resolution 24-01 ATTACHMENT B: CRS §31-12-104 ATTACHMENT C: Annexation Plat Resolution 23-21 State Land Board Annexation Petition November 14, 2023 Page 1 of 1 RESOLUTION 24-01 FINDING THE STATE LAND BOARD PARCEL IS ELIGIBLE FOR ANNEXATION WHEREAS, the State Land Board has submitted a petition for annexation to the Avon Town Clerk in accordance with the Colorado Municipal Annexation Act of 1965 (“Act”); and, WHEREAS, Council adopted Resolution 23-21 Receiving the State Land Board Annexation Petition, Initiating Annexation Proceedings and Setting a Public Hearing Date which set a public hearing date for January 9, 2024; and, WHEREAS, Council finds that the State Land Board parcel meets the 1/6th contiguity requirement set forth in Colorado Revised Statute Section 31-12-104(1)(a) and that a “Community of Interest” exists between the area proposed to be annexed and the annexing municipality as set forth in Colorado Revised Statue Section 31-12-104(1)(b). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council finds that he State Land Board parcel as described in the petition for annexation is eligible for annexation. ADOPTED JANUARY 9, 2024 by the AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A-1: Res. 24-01 (old version that was amended 01/08/2023, after packet's publication on 01/05/2023. Replaced with new Attachment A-2 (marked version) and A-3 (clean version) of Res. 24-01. Resolution 23-21 State Land Board Annexation Petition November 14, 2023 Page 1 of 1 RESOLUTION 24-01 FINDING THE STATE LAND BOARD PARCEL IS ELIGIBLE FOR ANNEXATION WHEREAS, the State of Colorado, acting by and through its State Board of Land CommissionersState Land Board has submitted a petition for annexation to the Avon Town Clerk in accordance with the Colorado Municipal Annexation Act of 1965 (“Act”); and, WHEREAS, Council adopted Resolution 23-21 Receiving the State Land Board Annexation Petition, Initiating Annexation Proceedings and Setting a Public Hearing Date which set a public hearing date for January 9, 2024; and, WHEREAS, Council finds that the State Land Board parcel meets the 1/6th contiguity requirement set forth in Colorado Revised Statute Section 31-12-104(1)(a) and that a “Community of Interest” exists between the area proposed to be annexed and the annexing municipality as set forth in Colorado Revised Statue Section 31-12-104(1)(b); and,. WHEREAS, Council finds that the requirements of the applicable portions of section 30 of article II of the state constitution and Colorado Revised Statue Sections 31-12-104 and 31-12- 105 have been met; and, WHEREAS, Council finds that an election is not required under section 30(1)(a) of article II of the state constitution and Colorado Revised Statue Section 31-12-107(2); and, WHEREAS, Council finds that no additional terms and conditions are to be imposed on the annexation except those to be set forth in an annexation and development agreement to be approved and entered into between the Town of Avon and the State Land Board in connection with the annexation, which shall not constitute additional terms and conditions within the meaning of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council finds that he State Land Board parcel as described in the petition for annexation is eligible for annexation. ADOPTED JANUARY 9, 2024 by the AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A-2: Res. 24-01 (redline of edits made 01/08/2023, after packet's publication on 01/05/2023). Resolution 23-21 State Land Board Annexation Petition November 14, 2023 Page 1 of 1 RESOLUTION 24-01 FINDING THE STATE LAND BOARD PARCEL IS ELIGIBLE FOR ANNEXATION WHEREAS, the State of Colorado, acting by and through its State Board of Land Commissioners has submitted a petition for annexation to the Avon Town Clerk in accordance with the Colorado Municipal Annexation Act of 1965 (“Act”); and, WHEREAS, Council adopted Resolution 23-21 Receiving the State Land Board Annexation Petition, Initiating Annexation Proceedings and Setting a Public Hearing Date which set a public hearing date for January 9, 2024; and, WHEREAS, Council finds that the State Land Board parcel meets the 1/6th contiguity requirement set forth in Colorado Revised Statute Section 31-12-104(1)(a) and that a “Community of Interest” exists between the area proposed to be annexed and the annexing municipality as set forth in Colorado Revised Statue Section 31-12-104(1)(b); and, WHEREAS, Council finds that the requirements of the applicable portions of section 30 of article II of the state constitution and Colorado Revised Statue Sections 31-12-104 and 31-12- 105 have been met; and, WHEREAS, Council finds that an election is not required under section 30(1)(a) of article II of the state constitution and Colorado Revised Statue Section 31-12-107(2); and, WHEREAS, Council finds that no additional terms and conditions are to be imposed on the annexation except those to be set forth in an annexation and development agreement to be approved and entered into between the Town of Avon and the State Land Board in connection with the annexation, which shall not constitute additional terms and conditions within the meaning of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council finds that he State Land Board parcel as described in the petition for annexation is eligible for annexation. ADOPTED JANUARY 9, 2024 by the AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A-3: Res. 24-01 (clean and final version added 01/08/2023, 2023 - version being voted on). Colorado Revised Statute Section 31-12-104 Eligibility for Annexation 1.No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing body, at a hearing as provided in section 31- 12-109, finds and determines: a.That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12-108.5. b.That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist: I.Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area's adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply. II.One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. III.It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is ATTACHMENT B: CRS 31-12-104 provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation. 2. a. The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12-116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105 (1)(e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. c. Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. ATTACHMENT B: CRS 31-12-104 970-748-4023 jskinner@avon.org Page 1 of 11 TO: Honorable Mayor Amy Phillips and Council Members FROM: Jena Skinner, AICP, Senior Planner RE: PUBLIC HEARING: CTA-23002 Code Text Amendment - Community Housing Zone Districts CPA23001 Comprehensive Plan Amendment DATE: January 5, 2024 SUMMARY: This report presents to Council a Code Text Amendment application to create Community Housing zone districts and a related Comprehensive Plan Amendment application. These applications are submitted pursuant to the Avon Development Code and were prepared at the direction of Council. Council has provided direction that Community Housing is the top priority for the Town of Avon. After initial work on a potential rezoning of Town owned land on Swift Gulch Road and the pending annexation of State Land Board property for a Community Housing project, Council indicated a desire to add Community Housing specific zone districts to the Avon Development Code as well as consider amendments to the Avon Comprehensive Plan to acknowledge these uses as well as provide more detailed guidance the type and character of development that is appropriate. Both applications require adoption of an Ordinance by Council after conducting a public hearing. Ordinance 24-01 and 24-02 are presented for First Reading by Council on January 9, 2024. TOWN MANAGER COMMENTS: The development of Community Housing involves several steps. Implementation of a truly effective Community Housing program that goes beyond isolated individual projects will create creating a “pipeline” of entitled properties. The various steps for an individual Community Housing project includes: (1) Identification of land suitable for a Community Housing Project (2) Determination of Ownership and Initial Partners (i.e. public or private) (3) Zoning (4) Determining whether to proceed as public development project or post Request for Proposal for private developers (5) Apply for Grant Funding for design, infrastructure and/or construction (6) Conceptual Design of Housing Project to determine density, layout and feasibility (7) Determination of specific housing type and goals (rent versus own, unit size, target AMI levels) (8) Establishing development team (architect, owners representative, contract – if a public project, or selecting developer if private project) (9) Securing financing and finalizing development agreements and deed restrictions (10) Overseeing or administering construction of project (11) Construction completion and sale or leasing per Avon Community Housing Policies or per terms with private developer CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 2 of 11 Accomplishing Steps 1 through 3 are required before the Town can be in a position to meaningfully engage with potential housing partners or apply for grant funding. For this reason, it is important to proceed with the first three steps where possible in order to create opportunities to continue with the remainder of steps based on partner support and grant funding availability. OVERVIEW: The Avon Community Housing Plan was adopted in 2018 with an update occurring to this plan in 2021. Recent amendments pertained to housing supply and redirecting Town efforts based upon several policy shifts occurring at that time. In 2023, housing remains an essential issue in Avon. Recently, Council identified that having specific zone districts centering on Community Housing (“CH”) will be crucial in promoting and supporting future projects with design direction and clarity, and in conjunction to introducing new Community Housing zone districts, limited updated to the Avon Comprehensive Plan would be necessary for the Town to move forward with their own project goals. Effectively, in utilizing Avon’s existing zone districts for housing neither encourages nor helps support these nuanced projects efficiently- especially if CH projects have specific design needs beyond what can be achieved with zoning aimed at market development, and the previous FLUM designations on Town projects are not fluid enough to support projects beyond typical housing projects. GOALS: The main goal of the proposed joint Code Text Amendment and Comp Plan Amendment is to have both the Avon Municipal Code (“AMC”) and Comp Plan support each other as CH projects are presented moving forward. More specifically, Town-centered projects. Staff was given direction by Council to create zone districts that would be directly related to possible Community Housing projects as standard zoning was too general, and in applying those types of zoning, left too much uncertainty surrounding rezoning Town properties with or without development applications, as there is no guarantee developments would be built in a timing fashion due to the complex nature of CH funding or when there is a need for partnerships, etc. As a second motivation, given the enormous cost to build CH, the emphasis on using Town-owned lands is at the forefront in looking at housing to offset costs, and as the more recent Avon Community Housing Plan recommends using Town lands as apriority, this intention needed to be added to the Comp Plan. Effectively, in rezoning properties to CH zone districts eliminates the uncertainty of rezoning to standard zoning and the litany of uses that would come with that action. In emphasizing the desire to use Town- owned lands, additional language to support this action via the Comp Plan is a useful tool. More succinctly: • Council directed Staff to amend the Comp Plan to create a gateway into Avon on what has been coined the Slopeside parcel. This predominantly affects District 6, which is the development district for this parcel. • Existing Land Use Designations. When Staff sought to rezone the Slopeside parcel, Council was concerned about using a generalized zone district for a future intention of Community Housing. With the existing FLUM recognizing that PF was tied to Town-owned properties currently, therein was a conflict in the FLUM recommendation on these parcels; it was a generic PF future use and if the underlying zoning went to Residential High Density or RH (as was proposed), the Comp Plan would most likely be updated to reflect this generic zoning. Neither PF nor RH are tailored for Community Housing, although both permit Community Housing as a permitted use. • Effectively, Public Facility or PF zoning exists on certain Town parcels staff has identified for Community Housing, as does the existing FLUM. It is reasonable that these lands were rezoned to preserve these parcels for general Town use, however; it is not directly suited for residential so much as it is for municipal projects or design, nor does it support a mixture of CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 3 of 11 deed-restricted and free-market (non-Town) housing units; nor the implementation of commercial uses that may be needed to support housing projects as an offset to costs. The new Community Housing zones prepare parcels for CH without using a Planned Unit Development (“PUD”) – a customized zone district. (The intention and dimensional limitations for of Public Facilities and other mixed-use zoning can be found HERE.) • For the Comp Plan, properties currently owned by the Town will have a future land use designation for Community Housing in place of the Public Facility designation that is recommended now on the Future Land Use Map (“FLUM”) to strengthen Avon’s goals of creating new dedicated housing opportunities for our workforce without the uncertainty of using a standard zone district offering more than just the potential for Community Housing. • The Zone Districts themselves. The new CH zone districts follow the same pattern as the other standard zone districts with respect to uses, dimensional limitations and intentions (see example HERE). Having specific CH zoning is similar to how other similar jurisdictions manage Community Housing; Vail is a neighboring jurisdiction that also has a similar zoning intention. • Other amendments to the Comp Plan that needed updates in order include: • General language supporting CH projects, • The targeted use of Town-owned land for CH projects, • Clarifying language guiding development in District 6 (e.g., gateway provisions), 8, and the introduction of District 12 East Avon Preserve, and • Additional language reflecting current housing policy goals where necessary. • Adding design recommendations to newly identified gateway area. PLANNING & ZONING COMMMISSION REVIEW COMMENTS (December 5): The proposed Code Text Amendment and Comp Plan Amendment application was examined by PZC on Dec. 5, 2023. The PZC had some general concerns when looking down the road at potential projects, and the code in general. The applications were continued to December 19, based on the following concerns (the following is a capture of the initial discussion): Comments from 12/5 • Future Land Use Map – The FLUM shows three new properties with Community Housing designation: Hidden Valley, East Avon, and Slopeside. Consider adding an overlay or some type of visual representation (e.g. cross-hatched) instilling additional Community Housing in the valley floor in areas that are shown as Mixed Use. • Parking Concerns – While not directly related to the Code Text Amendment or Comp Plan Amendment, reductions in parking for Community Housing projects should be reviewed with caution. • Table of Allowed Uses – There was a general discussion about the table, how it was developed, and if the absence of a ‘S’ or ‘P’ meant that a use was prohibited. PZC was invited to review the new Community Housing columns in more detail before the next hearing, and that further changes to the table that were not related to this CTA would be handled with forthcoming code amendment process. CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 4 of 11 • Rail Corridor - The Comprehensive Plan should acknowledge the possibility of using the rail line for local transportation. • Demand on Public Services and Infrastructure – the Comp Plan review criteria that deal with potential increased impacts on services should be expanded. Perhaps explain the difference between the impact of these land use applications and future Community Housing projects. Community Housing projects will be reviewed on a case by case basis with analysis of impacts on public services. Changes to the code and/or Comp Plan by themselves is not impacting public services or infrastructure by themselves. Staff updated this report to clarify some of these concerns for the December 19th PZC meeting. PZC conducted a public hearing and took action unanimously to recommend approval of both the Code Text Amendments and Comprehensive Plan Amendments, including direction to Staff to add some additional uses to the proposed Community Housing zone districts in the AMC Table of Uses. PROCESS: Town Council directed Staff to submit an application to PZC with these amendments on October 10, 2023. PZC took formal action to recommend approval on December 19, 2023. First reading of both Ordinances is presented to Council on January 9, 2024. Second reading can be scheduled for January 24, 2024. PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on November 24, 2023. No public comments have been received. OPTIONS: Town Council has the following options with the Application: • Approve the applicationsl as drafted • Approve the applications with changes • Continue the public hearing to a specific date • Recommend Denial, with findings DISCUSSION: The Town of Avon is acutely aware of the difficiulties the workforce is experiencing in regards to housing. Whether it’s the need for housing (new units), or that our existing code does not recognize what design elements are needed or not necessary with certain types of housing (e.g., decreased parking or an increase in buidling heights), by having unique zone districts that aim to accommodate and or set the tone for housing Avon gains an additional tool to have in the toolbox. Using these zone districts also provide more certainty for parcels with CH zoning, without compromising creative design potenital or limiting flexiblilty in new projects. By updating the Comp Plan to bring updated language into this document also increases consistency STAFF ANALYSIS & REPORT PZC PUBLIC HEARING RECOMMENDATION December 5/23 December 19/23 TOWN COUNCIL ORDINANCE & PUBLIC HEARING January 2024 TOWN COUNCIL INITIATION October 24/23 CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 5 of 11 bewteen all of the main three documents (AMC, Comp Plan and Housing Plan) used in the evaluation of planning applications. The new Comp Plan amendments also update the relitiveity of this 2017 document. PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for both the CTA23002 (Code Text Amendment) and CPA23001 (Comprehensive Plan Amendment). CODE TEXT AMENDMENT: REVIEW CRITERIA: The Town Council must consider a set of review criteria when reviewing code changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code (“AMC”) §7.16.040, Code Text Amendments. Staff responses to each review criteria are provided below. (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: This update will create zone districts that support a variety of Community Housing projects. As workforce housing is a recognized need for Avon, this amendment will support the Town's goals for overall sustainability for the Town and the health, safety, and general welfare of the Avon Community. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: These amendments attempt to bring support to both the Town and to private developers beyond what the "typical" development and design environment offers by using the established zone districts found in the AMC. Staff finds that general zoning assumes that development will benefit the free-market without concern of the difficulties that may be associated with constructing restricted housing. Having zone districts that support Community Housing provide a more transparent framework for this specific kind of development. The Housing Plan seeks to achieve the Town's goals with "…both incentives and regulations to create a policy environment that is favorable for local housing." Offering potential community housing projects a greater level of design direction while maintaining the Development Code's underlying goals is an intention supported by the Comprehensive Plan. Further, in updating Avon’s land use code with new development tools is supported by the Avon Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the Avon land use regulations and District Master Plans for innovative design approaches and positive development outcomes. This code amendment could go much further in its design; however, this amendment is an excellent start to recognizing that Community Housing projects are a valuable and preferred kind of development and in keeping the 2017 Avon Comprehensive Plan more current. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals and purposes for the Avon community that support Staff’s efforts to enhance the Avon Municipal Code. The most relevant goals that may be applied include the following: CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 6 of 11 • Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town – including the Avon Housing Plan, which supports and urges the construction of Community Housing. • Avoid [or alleviate] 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. This is relevant when considering use of Town-owned properties for Community Housing projects. • 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. In having Community Housing as an allowed use in existing zone districts, and also having new Community Housing zone districts available if a rezoning is necessary (e.g., for annexations), provides a more “predictable” end result for these projects. • 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. In using the FLUM to recommend Community Housing and zoning on walkable parcels owned by the Town, his goal is supported. • 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. Much like the previous goal, having some deign flexibility infused with the proposed zoning will help with the Town’s sustainability goals. • 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. By recognizing that Community Housing is desirable (as zone districts), and in “designing” different levels of Community Housing zoning, the goal of promoting the intention of the Development Code supports this text amendment. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The text amendments directly respond to the concern regarding workforce housing. Avon must be adaptive with considerations to this major community concern. Implementing new zone districts has no negative implications to the Town or AMC; simply, it prepares Avon with additional tools to respond to future land use needs. It also provides a greater level of predictability for both the public and approval authorities as it is a tailored zone district, eliminating the need for the use of PUD zoning. Each zone district includes unique setbacks, coverages, heights, etc. that reflect the intention of providing a baseline of a max scale and/or massing impacts as they relate to design, and as well for the CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 7 of 11 uses of the possible development, for specific areas of the Town. Public Facilities, while allowing Avon employee and workforce housing as a use, is a generalized zone district more tailored to municipal function rather than for residential development. This is demonstrated in looking at the larger more commercial setbacks. Excerpt from 7.20.080 Mixed-use and commercial districts purpose statements, that compares the existing Public Facilities zoning with the proposed Community Housing Medium Density zoning: • Public Facilities (PF). The PF district is intended to provide sites for public uses such as community centers, police and fire stations, governmental facilities, government employee housing, and Community Housing. The uses permitted in this district are identified by location in the Avon Comprehensive Plan. Unless otherwise set forth in the Avon Comprehensive Plan, the following dimensional requirements shall apply for the Public Facility (PF) zone district: Table 7.20-11 Dimensions for the Public Facilities District Max. Density (units/acre) Min. Lot Size (acres or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Front Setback (feet) Min. side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Max. Units/ Lot n/a n/a 40 60 20 20 20 40 n/a Proposed District: • Community Housing Medium Density (CHMD). The CHMD district is established to accommodate small single-family, duplex and townhome development as either single neighborhoods of similar units or in a neighborhood with a mix of unit types. The CHMD district should be located along a local road. Table 7.20-6 Community Housing Medium Density Dwelling Type Max. Density (units/ acre) Max. Units Per Building Min. Landscape Area.) Max. Lot Coverage (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Du / Multi- family / TH 10 du/ acre N/a 10% 80 10 7.5 10 35 2023, leading into 2024, is an appropriate time to rethink zoning, especially when considering the future of Avon’s growth. Using PF as a catch-all for Town purposes- including Community Housing, should be examined, mainly due to the extreme cost of constructing community housing units for the workforce and working with the design elements offered or maximized in the underlying zoning. Creating Community Housing requires density and maximization of a property to lower the construction costs. These design elements include setbacks, building coverages, and building heights. From a policy perspective, we know that the mindset has shifted regarding community housing based on the current housing crisis. Across the nation, implementing specific zoning tailored for Community Housing is becoming a common planning concept in zoning codes as a tool that more effectively supports housing efforts in response to this crisis that is not “going away” any time soon, if ever. Providing the Town with as many tools as necessary to move forward in rezoning parcels with the new CH zoning will help tremendously narrow the timing in constructing new Community Housing projects, as the timeline from idea to building permit is significant. CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 8 of 11 In summary, having zone districts for use in Community Housing does not remove or modify Avon’s other zoning intentions; instead, it offers a more significant opportunity to “simplify” Community Housing development entitlements. As the existing standard zone districts leave too much uncertainty for development out there, as recognized by the Town Council during the Slopeside hearings, having specific zoning is more appropriate as the Town moves forward with growth- especially when PUD zoning is no longer a preferred method to “sidestep” the requirements of standard zone districts as one size, does not fit all types of specialized development. COMPREHENSIVE PLAN AMENDMENT: REVIEW CRITERIA. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Response: This amendment does not affect areas of the Town that are not suitable for development, rather; the amendment more actively promotes a more effective use of Town lands for Community Housing, an essential public benefit to the community. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Response: This plan amendment does not affect infrastructure. All land use applications will still necessitate review by Staff prior to proceeding into construction, and all impacts will be examined at that time. This amendment simply updates Avon’s direction towards increasing Community Housing. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Response: This amendment does not alter the boundaries of the Town for properties that have not been annexed. This amendment only affects parcels within the existing town limits. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Response: Having Community Housing as a targeted land use supports this finding and ratifies that Community housing is an appropriate form of development. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Response: This amendment supports this finding as it reflects a recent endeavor to change the zoning of a Town-owned property to a general zone district without an accompanying development application for a specific Community Housing project (which was the intention of the Town when initiating the zone change). Council recognized that there should be zoning for Community Housing on CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 9 of 11 the subject parcel for this endeavor; otherwise, it may result in unintentional consequences if the Community Housing project did not come to fruition, but the property zoning offered the potential for general development beyond the intended CH use. Having Community Housing zone districts and parcels identified as Community Housing on the Future Land Use map in the Comp Plan is a sounder approach to creating a parcel-ready Community Housing development solution. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Staff Response: Amending the Comp Plan along with the proposed Code Text Amendment is a compatible action that supports and or allows both documents to correspond with each, strengthening planning process and review of pending CH projects. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: This amendment updates and clarifies current goals and policies of the Town of Avon. Updating both the Comp Plan and AMC keeps both documents relative and promotes the health, safety, and welfare of the Avon community. GENERAL REVIEW CRITERIA (applicable to both applications): Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This code text amendment application and Comp Plan Amendment is complete. Staff believes sufficient information exists to allow Council to review both applications with the applicable review criteria per application. Neither the Code Text Amendment or Comp Plan Amendment application will impact demands for public services or infrastructure because neither of CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 10 of 11 these applications are a development application. These applications will add tools and more of an intention on Town properties, and in supporting the existing development code while enhancing the Town’s tools in helping to focus on and improve Avon’s housing situation. Specific to (iv), the General Review Criteria provisions are geared towards development applications, to ensure that a new development plan will not injure or cause major disruptions for existing development. Amending the Future Land Use Map or adding zoning choices will to not undermine or eliminate the need for zoning and actual development review. And of major importance, Avon’s infrastructure has been constructed under the assumption that all properties are maximized, which they are not, but, each “true” development application that results in construction will be reviewed on a micro-scale when they present themselves, to further analyze and ensure that modifications to public services or infrastructure are warrented. A good example of when this happens is when a traffic analysis demands that add another lane is to added to a roadway if traffic is increased, etc. Neither this Code Text Amendment nor the Comp Plan Amendment results in construction and as such, does not affect impacts to services or infrastructure. When an actual Community Hosuing project is applied for, Staff will once again, evaluate that project against these findings. RECOMMENDED FINDINGS: CTA23002: 1. The text amendment promotes the health, safety and general welfare of the Avon community by focusing on Community Housing by providing distinct zone districts to accommodate this use; 2. This text amendment promotes and strengthens the implementation of the updated goals and policies of the Avon Comprehensive Plan and supporting plans, and increases the synchronicity between these documents; 3. The text amendment consistently promotes or implements the purposes stated in this Development Code with the new language proposed for Community Housing Zone Districts; and 4. The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions, as Community Housing is recognized as being a priority for Avon. CPA23001: 1. The proposed amendments to the Comp Plan are compatible with the goals and policies of the entirety of the Avon Comprehensive Plan, as recognizing certain properties may be suitable for receiving Community Housing projects on Town owned lands does not alter this Plan’s general development intentions for Avon; 2. This amendment complies with the Review Criteria outlined in Section §7.16.030(c) of the Development Code, and offers increased support for Community Housing efforts and protections for Avon’s gateway area; 3. The proposed amendment bolsters the purpose statements of the Development Code in increasing its support for Community Housing; and 4. The proposed amendment promotes the health, safety, and welfare of the Avon Community by supporting working families and building a stable community with opportunities for families and young professionals. CTA23002 Community Housing Zone Districts; CPA23001 – Comp Plan Amendment Community Housing January 5, 2024 Page 11 of 11 GENERAL CRITERIA FINDINGS: 1.The development applications are complete; 2.The development application provides sufficient information to allow the reviewing authority to determine that the development applications comply with the relevant review criteria; 3.The development applications comply with the goals and policies of the Avon Comprehensive Plan; and 4.The demand for public services or infrastructure exceeding current capacity does not require mitigation as there is no development application accompanying the Code Text Amendment or Comp Plan Amendment that results in a physical project that utilizes public services or infrastructure. PROPOSED MOTION FOR ORDINANCE 24-01: “I move to approve First Reading of Ordinance 24-01 Adopting Code Text Amendments to Establish Community Housing zone districts, based on the findings in Sections §7.16.040, Code Text Amendments, and §7.16.010(f)(1) General Criteria (for an application), as presented and outlined in the Staff report.” PROPOSED MOTION FOR ORDINANCE 24-02: I move to approve First Reading of Ordinance 24-02 Adopting Comprehensive Plan Amendments, based on §7.16.030, Comprehensive Plan Amendments and §7.16.010(f)(1) General Criteria (for an application), as presented and outlined in the Staff report.” Thank you, Jena ATTACHMENT A: ATTACHMENT B: ATTACHMENT C: ATTACHMENT D Title 7 Amendments Draft Ordinance: 24-01 CTA23002 Proposed Comp Plan Amendment Draft Ordinance 24-02: CPA23001 ATTACHMENT A Exhibit A to Ordinance 24-XX CODE TEXT AMENDMENT This document contains the draft language proposed for Ordinance 24-XX Community Housing Zone Districts This document introduces new zone districts specific to Community Housing within the pertinent sections of the Avon Municipal Code, with this Ordinance. This Ordinance Affects Title 7 ATTACHMENT A Exhibit A to Ordinance 24-XX CODE TEXT AMENDMENT 7.20.075 Community Housing Districts. Purpose statement: (a) General Purpose. The Community Housing Districts allow higher residential density with 100% of the residential units subject to deed restrictions that meet the definition of Community Housing in 3.14.020. A Community Housing zone district intends to provide adequate sites for workforce housing, which, because of the nature and characteristics of Community Housing design and need, cannot be adequately regulated by the development standards prescribed by other standard residential zone districts except that adequate light, air, open spaces, and other amenities are considered appropriate for this use. (b) Intent. The Community Housing Districts zoning districts are intended to: (1) Provide opportunities to development Community Housing which is with Avon Comprehensive Plan, with the Avon Community Housing Plan and with public health, safety and general welfare; (2) Provide appropriately located areas for Community Housing development which are close neighborhood commercial, parks, open space, schools or public facilities; (3) Ensure adequate light, air and privacy for all dwelling units; (4) Are compatible with scale and character of existing residential neighborhoods and the community; and (5) Promote non-auto dependent lifestyles through convenient access to transit, pedestrian and bike trails and routes, and vehicle share. (c) Development Bonus. Development projects within Community Housing Districts may apply for a Development Bonus, which projects shall be reviewed on a case by case basis in accordance with the procedures and review criteria in 7.16.170. (d) Community Housing Medium Density. The CHMD district is established to accommodate small single-family, duplex and townhome development as either single neighborhoods of similar units or in a neighborhood with a mix of unit types. The CHMD district should be located along a local road. Table 7.20-6 Community Housing Medium Density Dwelling Type Max. Density (units/ acre) Max. Units Per Building Min. Landscape Area.) Max. Lot Coverage (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Du / Multi- family / TH 10 du/ acre N/a 10% 80 10 7.5 10 35 (e) Community Housing High Density – 1. The CHHD district is established to accommodate multi- family development in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (4) stories of residential or three (3) stories of residential above one (1) level of at grade parking. ATTACHMENT A Exhibit A to Ordinance 24-XX CODE TEXT AMENDMENT Table 7.20-7 Community Housing High Density - 1 Dwelling Type Max. Density (units/ acre) Max. Units Per Building Min. Landscape Area.) Max. Lot Coverage (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Multi- family / TH 25 du/ acre N/a 10% 80 10 7.5 10 48 (f) Community Housing High Density – 2. The CHHD-T district is established to accommodate multi- family development in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of five (5) stories of residential or four (4) stories of residential above one (1) level of at grade parking. Table 7.20-8 Community Housing High Density - 2 Dwelling Type Max. Density (units/ acre) Max. Units Per Building Min. Landscape Area.) Max. Lot Coverage (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Multi- family / TH 30 du/ acre N/a 10% 80 10 7.5 10 60 (g) Community Housing Mixed Use – 1. The CHMU district is established to accommodate ground level commercial with multi-family development above in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (4) stories. Table 7.20--9 Community Housing Mixed Use - 1 Dwelling Type Max. Density (units/ acre) Max. Units Per Building Min. Landscape Area.) Max. Lot Coverage (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Multi- family 25 du/ acre] N/a 10% 80 10 7.5 10 48 [1] Commercial Uses limited to ground floor, Office uses or similar may be permitted on the second floor. (h) Community Housing Mixed Use – 2. The CHMU district is established to accommodate ground level commercial with multi-family development above in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (4) stories. ATTACHMENT A Exhibit A to Ordinance 24-XX CODE TEXT AMENDMENT Table 7.20-10 Community Housing Mixed Use - 2 Dwelling Type Max. Density (units/ acre) Max. Units Per Building Min. Landscape Area.) Max. Lot Coverage (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Multi- family 25 du/ acre N/a 10% 80 10 7.5 10 60 [1] Commercial Uses limited to ground floor. Office uses may be permitted on the second floor. Other Amendments (This Title). Other amendments will include the insignificant re-numbering of subsequent Tables following this new AMC Code section. 7.16.015 Community Housing – Development Applications. Regardless of the type of development review, all projects affecting or creating Community Housing units as defined in Section 3.14.020 – Definitions, are granted priority scheduling in accordance with the applicable Review Authority. See Also Table 7.24.040 Table of Allowed Uses (Next Page) 7.24.040 Table of allowed uses. Table 7.24-1 Allowed Uses Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use-Specific Regulations Residential Nonresidential RD RL RM RH CH M/H RH-C NC MC CH MU 1/2 TC SC P PF IC OLD Residential Uses Household Living Dwelling, Single-Family Detached P P P S Dwelling, Two-Family/ Duplex P P P P S Dwelling, Townhouse P P P P P P P P S Dwelling, Multi-Family P [1] P P P P P P P S [1] Limited to 8 units per building in RM Community Housing P P P P P P P P P P P P P P P Dwelling, live/ work S S S P S S S P P S Accessory DU S S S S S S SF/DU Units Only Dwelling, timeshare, interval ownership or fractional fee ownership/ vacation club S P P 7.24.050(d) 7.24.060(a) Group Living Group homes S S S S S S S 7.24.060(b) Retirement home, nursing home or assisted living facility S S S S S S S Accommodation Bed and breakfast S S S S S P P P Hotel, motel and lodge P P P Public and Institutional Uses Community Services Art gallery or museum P P P P P Community centers S S S P S P P S P P P Library P P 7.24.050(a) Government services, offices and facilities S P P P P P 7.24.050(a) Post office branches S P P P Religious assembly S S S S S S S S S S S Day Care Preschool, nursery school S S S S P S S P S S S 7.24.060(c) Childcare, in home S S S S S S S S S S 7.24.060(c) Childcare center S S P S S P S 7.24.060(c) Educational Facilities College or university (nonexempt) S P S S P P 7.24.050(a) School, K-12 (public and private) P P P P S P P S P 7.24.050(a) School, vocational- technical and trade P P P 7.24.050(a) Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use-Specific Regulations Residential Nonresidential RD RL RM RH CH M/H RH-C NC MC CH MU 1/2 TC SC P PF IC OLD Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 2 of 5 Parks and Open Space Arboretum or botanical garden S P P P 7.24.050(b) Community garden P P P P P P P P P Community playfields and parks P P P Golf course P P P P P P P Parks and forest preserves (private, not- for-profit P P Transportation Bus terminal S P 7.24.060(d) Rail terminal (passenger) S P P Commercial parking facilities (surface & structure) S S P Utility Major energy facilities S Public utility substations where no public office, repair or storage facilities are maintained S S S S S S S S S S Ground mounted solar devices P P S Small wind energy system S S S S P S S P S S S S S Wireless communication tower and/or antenna S S S S S S S S S S S S S S Commercial Uses Animal sales and services Kennel S 7.24.060(e)(3) Pet shops P P P P P P Veterinary clinic, small (indoor only) P P P P Veterinary clinic, large (with outdoor runs) S Auction House P P P P Assembly Auction yard P Membership clubs P P P P Financial Service Financial institution, with drive- thru S S S S 7.24.060(f) Financial institution, without drive-thru P P P P P Food and Beverage Services Bakeries P P P P P Bars or taverns P P P P P P 7.24.060(h)(2) Coffee shops P P P P P P Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use-Specific Regulations Residential Nonresidential RD RL RM RH CH M/H RH-C NC MC CH MU 1/2 TC SC P PF IC OLD Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 3 of 5 Restaurant, with drive-in or drive-thru S S S S S 7.24.060(g) Restaurant without drive- in or drive-thru P P P S P P Health Care Facilities Medical center/ hospital S P P P Urgent care facility P P P P Medical and dental clinics and offices P P P P P S Office Administrative and professional offices P P P P P Office with showroom and/or warehouse facilities P S Recreation and Entertainment, Outdoor Outdoor commercial recreation P P P Riding academies S P Recreation and Entertainment, Indoor Indoor commercial recreation/ entertainment P P P P P P Sexually- oriented business S Theater/ performance hall S P S P P Personal Services Barber shops, beauty salons, day spas P P P P P P Dry cleaning and laundry service P P P S P P General personal services P P P P P P Tattoo parlors, body piercing S S S S Retail (Sales) Antique shops P P P P P P Appliance stores P P P P P P Art shops P P P P P P Book and stationery stores P P P P P P Clothing stores P P P P P P Convenience store, with fuel S S S P P Drug stores P P P P P P Electrical supply stores P S P P Florists P P P P P P Furniture shops P P P P P Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use-Specific Regulations Residential Nonresidential RD RL RM RH CH M/H RH-C NC MC CH MU 1/2 TC SC P PF IC OLD Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 4 of 5 Gift shops P P P P P P Grocery stores P P P P P P Home improvement store, under 25,000 sq. ft. P S P P P P Home improvement store, over 25,000 sq. ft. P P Jewelry, craft and hobby shops P P P P P P Medical marijuana, marijuana establishment and marijuana club Music, radio and television stores P P P P P P Nursery, landscaping supply P S P P Office supply store P P P P P Liquor stores P P P P P P Paint stores P P P P P P Photographic studios P P P P P P Retail sign shops P P Retail sales with drive- thru S S S S S Shoe stores P P P P P P Sporting and athletic goods stores P P P P P P Toy stores P P P P P P Wholesale Business Wholesale business P Vehicles and equipment Automobile repair shop, minor S S P 7.24.060(h) Automobile repair shop, major S P Automobile sales and rental S S Car wash S S S 7.24.060(h) Parking lot (commercial) S S S S S Industrial Service Industrial Service Research facilities (commercial) P Builders supply yards P Construction industry related businesses P Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use-Specific Regulations Residential Nonresidential RD RL RM RH CH M/H RH-C NC MC CH MU 1/2 TC SC P PF IC OLD Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 5 of 5 Heavy industrial uses S Junkyards S Light industrial uses P Lumberyards except when indoors as part of a hardware store S Mining and mineral extraction S S S S S S S S S S S S S Manufacturing and Production Machine and welding shops P Manufacturing, heavy S Manufacturing, light P Warehouse and Freight Movement Mini-storage P Storage warehouses P Waste and Salvage Recycling center (indoor) S Recycling facilities, drop- off P P P P P P P P P P ( Ord. 16-14 §2; Ord. 14-06 §4 ; Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3; Ord. 19-06 §5) ATTACHMENT B Ord 24-01 Code Text Amendment: Community Housing Page 1 ORDINANCE 24-01 AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE TO ENACT COMMUNITY HOUSING ZONE DISTRICTS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Code Text Amendment (“CTA”) application to modify Title 7 to include zone districts specific to new Community Housing development; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on December 5th, 2023, and December 19th, 2023, 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 made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing on January XX, 2024, and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent with the Comprehensive Plan community goals in supporting Avon’s housing goals; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by providing the framework in creating new community housing projects; and WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and ATTACHMENT B Ord 24-01 Code Text Amendment: Community Housing Page 2 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 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 prior to any final action prior to concluding the public hearing on second reading. 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. Code Text Amendments. AMC §7.16.015 and AMC §7.20.075, are hereby amended as depicted in “Exhibit A – Community Housing Code Text Amendments” depicting the language to be added. 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 has 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 take effect 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 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 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 ATTACHMENT B Ord 24-01 Code Text Amendment: Community Housing Page 3 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 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. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on HEARING by the Avon Town Council on [ ], 2024 and setting such public hearing for [ ], 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [ ], 2024. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Nina P. Williams, Town Attorney ATTACHMENT C Exhibit A to Ordinance 24-XX COMPRHENSIVE PLAN AMENDMENTS Land Use and Community Framework Future Land Use Plan The Future Land Use Plan establishes preferred development patterns by designating land use categories for specific geographical locations. Land use designations depicted on the land use map do not supersede the Town’s zoning districts and regulations and display general land use categories as a visual guide for the community based on the goals, objectives, and policies presented within this document. The Future Land Use Plan and its land use designations are illustrative only and do not represent zoning designations. "Community Housing" was added to the FLUM as a Future Land Use in 2024. The application of Community Housing as a use has been applied to Town-owned lands only. The specific Community Housing Zone Districts (i.e., CHMD, CHHD 1 and 2, CHMU 1 and 2 have purposefully not been designated in the FLUM with the intention that the appropriate Community Housing Zone District to be implemented will occur at the time of zoning approval. The future determination of the appropriateness for which Community Housing Zone District will be used would consider the desired adopted housing plans and strategies, the desired density and housing type, the economic conditions and financial resources, and the availability of infrastructure and transit. ATTACHMENT C Exhibit A to Ordinance 24-XX COMPRHENSIVE PLAN AMENDMENTS EXISTING FLUM PROPOSED FLUM ATTACHMENT C Exhibit A to Ordinance 24-XX COMPRHENSIVE PLAN AMENDMENTS Goals and Policies A number of overarching goals and policies provide direction in the following community-wide topic areas: A. Built Form B. Land Uses C. Community Character D. Economic Development E. Housing F. Multi-modal Transportation & Parking G. Environment H. Parks, Recreation, Trails, and Open Space I. Public Services, Facilities, Utilities, and Government J. Regional Coordination Each topic area contains one or more goals and several specific policy objectives. Certain goals and policies are more specific and timely than others; however, all goals and policies contribute to the vision of the plan and its implementation. Finally, certain policies interrelate to several topic areas (such as policies that are relevant to both Land Use and Economic Development). E. Housing The Town of Avon seeks to build upon its long history as a high-amenity year-round resort community by adopting the 2021 Avon Community Housing Plan. The Avon Community Housing Plan sets forth specific goals and policies for the development of additional Community Housing. Goal 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.1.1: Establish policies and programs, which address housing needs that are attainable to different Area Median Income (AMI) ranges. Evaluate the mitigation rate required of development. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy E.1.3: Provide Community Housing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, use of grant funding, waiver of development and building fees, and public-private partnerships that reduce the price of units. Policy E.1.4: Integrate Community Housing within large developments and throughout Town. Policy E.1.5: Encourage “no net loss” of Community Housing units in redevelopment. ATTACHMENT C Exhibit A to Ordinance 24-XX COMPRHENSIVE PLAN AMENDMENTS Policy E.1.6.: Actively plan for Community Housing developments on Town-owned lands. Goal E.2: Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce compliance. Policy E.2.2: Participate in a countywide down-payment assistance program. Policy E.2.3: Collaborate on joint housing studies and strategies. Policy E.2.4: Site Community Housing with multi-modal transportation options and facilities, including bike and pedestrian paths. Policy E.2.5 Continue utilizing existing revenues dedicated for Community Housing and explore opportunities for additional revenues. Policy E.2.6 Explore opportunities for conversion of free market housing to increase stock of Community Housing units. Policy E.2.7 Work with owners and associations of deed restricted properties to encourage maintenance and capital improvements of units and properties, including but not limited to evaluating deed restriction modifications, special improvement districts, and capital reserve studies. Policy E.2.8 Ensure that new deed restricted projects require capital improvement and ongoing maintenance reserves. Policy E.2.9 Expand Community Housing programs like ¡Mi Casa Avon! to capture affordable rental opportunities. ATTACHMENT C Exhibit A to Ordinance 24-XX COMPRHENSIVE PLAN AMENDMENTS District Planning Principles While the Goals and Policies of this plan generally apply to all areas of the Town, the District Planning Principles apply specific planning and urban design recommendations to areas within the Town, stemming from community and landowners input, and existing development rights. Below is a map identifying the Districts. EXISTING DISTRICT MAP ATTACHMENT D Ord 24-02 Comp Plan Amendment: Community Housing Page 1 ORDINANCE 24-02 AMENDMENT OF THE AVON COMPREHENSIVE PLAN PLANNING AREA DISTRICT 6, THE FUTURE LAND USE MAP, AND LANGUAGE PERTAINING TO COMMUNITY HOUSING WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, the Avon Town Council (“Council”) has the authority to adopt planning documents as described in Section 7.04.010 of the Avon Development Code; and WHEREAS, updates, revisions and amendments to the 2017 Avon Comprehensive Plan were presented to the Avon Planning and Zoning Commission in accordance with the procedures set forth in Section 7.16.030 – Comprehensive Plan Amendment; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on December 5th, 2023, and December 19th, 2023 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 made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing on January XX, 2024, and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, the purpose of this Amendment is to update and modify the Avon Comprehensive Plan specific to planning area District 6, the Future Land Use Map, and certain language pertaining to Community Housing within this particular plan; and WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent with the Comprehensive Plan community goals in supporting Avon’s housing goals; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by providing the framework in creating new community housing projects; and ATTACHMENT D Ord 24-02 Comp Plan Amendment: Community Housing Page 2 WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and 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 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 prior to any final action prior to concluding the public hearing on second reading. 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. Comprehensive Plan Amendments. The Avon Comprehensive Plan is hereby amended as depicted in “Exhibit A – Comprehensive Plan Amendments” depicting the language and graphics to be added. 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 has 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 take effect 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 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 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 ATTACHMENT D Ord 24-02 Comp Plan Amendment: Community Housing Page 3 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 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. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on HEARING by the Avon Town Council on [ ], 2024 and setting such public hearing for [ ], 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [ ], 2024. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Nina P. Williams, Town Attorney 970-390-2014 ewilson@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Eva Wilson, Public Works Director RE: Work Session: US6 Safety and Mobility Improvements Update and Notice of Award for Design DATE: January 1, 2024 SUMMARY: This report provides an update and a recommendation for the US 6 Pedestrian Crossings Project. The Colorado Department of Transportation (CDOT) initially supported the construction of a roundabout at the Stonebridge intersection with the intent that this would slow traffic, which would in turn allow the installation of pedestrian crossings complete with crosswalk lines and flashing pedestrian sign als. However, after reviewing of designs and physical constraints at this intersection, CDOT rejected the roundabout design for the US6 and Stonebridge Dr. intersection last fall. CDOT will not approve lowering the speed limit to 35 mph and will therefore not approve the four pedestrian crossings as originally proposed. CDOT will approve the installation of landscaped medians with breaks in the medians for unmarked pedestrian crossings, which would create a “safe harbor” space while crossing US6. Staff is contemplating attractive landscaped medians which would be comparable to the medians on Avon Road and Post Boulevard. COMMUNITY ENGAGEMENT: Staff conducted a community outreach and engagement process late last year, which included distributing an Avon press release, posting a Vail Daily ad, sending mailers to the nearby communities, and conducting an Open House on Dec 20, 2023. Staff received 14 emails/voicemails and 16 residents attended the Open House. Input received indicated that 60% of residents were opposed to the Traffic Signal. TRAFFIC SIGNAL OPTION: CDOT indicated that they support the landscape median improvements either with, or without, a traffic signal at Stonebridge. Council direction is requested on whether to include, or not include, the traffic signal at the Stonebridge intersection. Option (1) Install a traffic signal at the US6/Stonebridge Dr. intersection to enable the installation of a pedestrian crossing. This Option has the advantage of establishing a formal pedestrian crossing with pedestrian activated crossing signals. The disadvantage is that this will increase costs , may cause egress conflicts for neighboring property owners, and may unnecessarily hinder the flow of traffic when the signals are cycling. Option (2) Do not install a traffic signal, construct landscaped medians, refuge islands, sidewalks, and overhead lights, and monitor for impact on vehicle speeds. If the landscaped medians are effective at slowing vehicle speeds and the speed limit can be reduced to 35 mph, then crosswalk pavement markings and flashing beacons will be installed. If vehicle speeds and the speed limit are not reduced and a desire for a traffic signal is determined in the future, a traffic signal could be added to this inte rsection at a future date. The advantage of this option is reduced construction costs, less impact on egress for neighboring property owners, and no hindrance of traffic flow on this stretch of US6. RECOMMENDATION: Staff recommends proceeding with Option 2, the no-traffic signal option, and installing ped crossings once the prevailing speed is reduced. BACKGROUND: The absence of pedestrian crossings on US 6 has been a safety concern for Avon citizens and Avon Town Council for numerous years. US 6 is a major transit route for ECO Transit and bus stops are 970.390.2014 ewilson@avon.org located on both sides of the local highway. CDOT, ECO Transit, and Avon staff have evaluated the situation. • US6 is a major Transit Corridor for ECO Transit o There are four mid-block pairs of bus stops. o Transit users have to scramble across multiple lanes. • Crash history (3.5-mile stretch: Avon to Eagle-Vail) for the past 10 years: 3 incidents reported. o 2015 at Eagle Road: Pedestrian crossing near the crosswalk and against the pedestrian signal. o 2014 by Stone Bridge Dr: During icy conditions, a vehicle slid into a pedestrian who was walking along the shoulder of the road during daylight. o 2019 by Stone Creek Dr: Fatal Pedestrian crash. • The posted speed limit for the studied section by Stone Bridge Dr. is 45mph. CDOT determined the prevailing speed is too high for an uncontrolled mid -block pedestrian crossing. The pedestrian survival rate in high-speed crashes is low. • Working with CDOT Traffic Dept, a traffic calming RAB design was pursued to reduce the prevailing speed to 35mph and enable pedestrian crossings. A joint grant application (Town of Avon and Eagle County with CDOT support) was submitted for the Revitalize Main Street Grant on May 14, 2021. The project was awarded $2M on Aug 17, 2021. Preliminary Engineering began on November 4, 2021, and Final Design Began Sep 7, 2022. 970.390.2014 ewilson@avon.org RiverEdge Pedestrian Crossing Design Eaglebend Pedestrian Crossing Design 970.390.2014 ewilson@avon.org Stonebridge Dr. RAB/Pedestrian Crossing Design Mountain Stream Pedestrian Crossing Design • In April 2023, through a series of design meetings at ~90% designed, CDOT had operational concerns about a mini-roundabout. They were concerned with the size of the RAB and a transition grade that may cause trucks to tip over. • In May 2023, CDOT proposed a traffic signal to enable the installation of a pedestrian crossing at Stonebridge Dr on US6. The other three crossings will have no pavement markings or flashing beacons. DISCUSSION: CDOT supports adding traffic calming infrastructure on US6 such as landscaped medians 970.390.2014 ewilson@avon.org and refuge islands. Once the prevailing speed on US6 is confirmed to be reduced to 35mph, formal pedestrian crossings will be installed. There are two options available for the US6/Stonebridge Dr. intersection. Option 1 (traffic signal) is to install a traffic signal to enable a formal pedestrian crossing. Option 2 (no-traffic signal) is to construct landscaped medians and refuge islands to reduce the prevailing speed as a 1st step. Once the reduced speed is confirmed, a formal pedestrian crossing will be installed. In addition, due to the CRS 43-2-135 Division of Authority over streets, the new infrastructure, overhead streetlights, and traffic signal will be maintained by the Town. The Town does not have the capability to maintain traffic signals in-house at this time and will need to contract for the service. Proposed Landscaped Medians and Refuge Islands Concept US6/Stonebridge Dr Intersection Options: Option 1: Traffic Signal and Pedestrian Crossing. Advantages are maximum control for an intersection, a clear right-of-way assignment for all users, a pedestrian phase for safer multimodal operation, gaps during heavy peak hour times to allow side road users access to the main road. Disadvantages are the increase in certain types of accident frequency and delays due to stop conditions. This option will require the relocation of an access driveway. 970.390.2014 ewilson@avon.org Traffic Signal Control Intersection Concept Option 2: No-Traffic Signal. Landscape Medians and Refuge Islands to reduce prevailing speed. Once the reduction is confirmed, the Stonebridge pedestrian crossing will be installed. This option will not require the relocation of an access driveway. No-Traffic Signal Control Intersection Concept PUBLIC FEEDBACK: Public feedback was received via emails and during the Dec 20, 2023, Open House. Informal results were 60% oppose a Traffic Signal and 40% support a Traffic Signal 970.390.2014 ewilson@avon.org Pros for Traffic Signal • Enable formal pedestrian crossing/Improve safety for pedestrians • Enable safe left turn out of Stonebridge Dr. Cons against Traffic Signal: • Block access driveways • Don’t need it/Disruptive/take away the little town feel RECOMMENDATION: Staff recommends Option 2 (no-traffic signal) and construct landscaped medians, refuge islands, sidewalks, and overhead lights. Once speed reduction is confirmed, crosswalk pavement markings and flashing beacons will be installed. Option 2 is recommended because a traffic signal is not necessary at this point. The project would not need to relocate the Whitewater and River Forge Home’s driveway. The landscaped medians, sidewalks, refuge islands, and overhead streetlights will enhance safety significantly and enable the installation of formal pedestrian crossings once prevailing speed reduction is confirmed. Proposed Landscaped Medians and Refuge Islands Concept FINANCIAL CONSIDERATIONS: There is $3,000,000 remaining in the project budget. Project Budget: CDOT Revitalize Main Street Grant $2,000,000 CDOT Multimodal Options Fund Grant $1,000,000 Eagle County Contribution $200,000 Avon Commitment (CIP funds) $300,000 $3,500,000 Project Expenses to date: Design Costs: $487,290 970.390.2014 ewilson@avon.org Future Project Costs: Option 1 (Traffic Signal) - Design Costs $249,500 - Construction Costs TBD (more than option 2) Option 2 (No-Traffic Signal) - Design Cost $244,250 - Construction Costs TBD Potential Annual Maintenance and Repair Cost: 1. Landscape maintenance: $20,000 2. Curb and Median Repair: $5,000 3. Pavement Markings: $5,000 4. Streetlight Repair: $5,000 5. Traffic Signal Maintenance: TBD Estimated Annual Costs: $40,000 NEXT STEPS: A Notice of Award for design is requested with design completion scheduled for April/May 2024. Construction is planned to start in the Summer of 2024. A Notice of Award for construction will be presented to Council in June 2024. NOTICE OF AWARD: Staff requests Council authorization to issue a Notice of Award for the design of the US6 Safety and Mobility Improvements Project as approved in the Town of Avon 2023 Capital Projects Fund. OPTION 1 (Traffic Signal) PROPOSED MOTION: “I move to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 2.6 Final Design to Stolfus and Associates in the amount of $249,500 as approved by the Town of Avon Capital Projects Fund.: OPTION 2 (No-Traffic Signal) PROPOSED MOTION: “I move to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 2.6 Final Design to Stolfus and Associates in the amount of $244,250 as approved by the Town of Avon Capital Projects Fund.” Thank you, Eva ATTACHMENT A: Design Proposal for Option 1 (Traffic Signal) ATTACHMENT B: Design Proposal for Option 2 (No-Traffic Signal) 5690 DTC Boulevard, Suite 330W Greenwood Village, CO 80111 phone:303-221-2330 • fax: 303-221-2331 www.stolfusandassociates.com January 4, 2024 Eva Wilson, PE, PTOE, CFM Public Works Director Town of Avon Ewilson@Avon.org Dear Eva: Please find below a proposed Scope of Services for Stolfus & Associates, Inc. (Stolfus) to conduct design for a modified concept for the US 6 Mobility Improvement project. Improvements include the following:  US 6 and Stone Bridge Road – a traffic signal, sidewalk on the southwest quadrant of the intersection, a relocation of the driveway on the northeast side of the intersection further east, and raised median, where width on US 6 allows.  River Edge Crossing - a pedestrian crossing at the transit stop with raised median from approximate MP 169.45 to MP 169.93 (landscaping where width on US 6 allows)  Eaglebend Crossing – a pedestrian crossing at the transit stop with raised median from approximate MP 170.13 to MP 170.48 (landscaping where width on US 6 allows)  Mountain Stream Crossing – a pedestrian crossings at the transit stop with raised median from approximate MP 170.86 to MP 170.96. Pedestrians crossings will include a median refuge, ADA compliant sidewalk and curb ramp improvements to provide connectivity from the bus stops to the crossing, pedestrian level lighting and potential for future RRFB installation. It is our understanding the project is funded through a Revitalizing Main Streets and MMOF grants administered by CDOT and will follow the CDOT Local Agency process. In addition, the project is located on a US Highway, so CDOT design standards will apply. Compliance with CDOT Local Agency process, CDOT standards, and coordination with CDOT staff is included in the scope of services. The scope of work includes a single DOR submittal, and PS&E documents for approval and CDOT Clearances, and advertisement documents. The following services are not included in this scope of services: Conceptual Design, Traffic Analysis, Geotechnical, Pavement Design, Structures, Environmental (to be completed by CDOT), ROW acquisition, public involvement, additional SUE investigation. (SUE QL-B and QL-A investigation at Stone Bridge from previous design will be utilized for the traffic signal design. Lighting design will include open trench conduit so no further QL-B investigation is required at the other improvement locations). SCOPE OF SERVICES The anticipated scope of services and deliverables for this project include: 1. Survey and Existing ROW Verification for sections not previously surveyed 2. Design a. Interim (90%) Design Plans and Specifications and drainage report for the traffic signal, raised medians and pedestrian crossings b. Conduct a DOR Review meeting with CDOT (virtual) 3. PS&E a. PS&E documents for approval and clearances by CDOT b. Ad Documents Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 2 ELEMENTS OF THE SCOPE OF SERVICES A. PROJECT MANAGEMENT Stolfus will review and process invoices and provide other project administration/ management services (coordination and product review) throughout the duration of the project. Stolfus will be responsible for day-to-day management and coordination of the work elements. Monthly schedule, budget and project status reports will be included in the invoices. Stolfus will create and maintain a project design schedule. The schedule will be updated as necessary during the design process. Stolfus will notify the Town when tasks are falling behind schedule. The following project team meetings are included in the scope of work:  Biweekly Town coordination meetings (1/2 hour) (virtual)  2 – Progress meeting with Town and CDOT staff (virtual)  1 – DOR plan review meeting (virtual) Stolfus will assist the Town with coordinating and scheduling meetings with CDOT. Stolfus will be responsible for preparing meeting exhibits and participating in the meetings. Meeting notes will be generated and distributed to the meeting attendees by Stolfus. C. ROADWAY AND TRAFFIC DESIGN Based on the Town’s direction and CDOT’s feedback, the design criteria for the project will be updated to incorporate a traffic signal at Stone Bridge and raised landscape medians and submitted for review and concurrence. Intersection and stopping sight distance triangles will be developed for each access point to confirm pedestrian crossing locations and available landscaping zones. Proposed horizontal layout of improvements with be developed. Centerline horizontal control for US 6 will be developed. Separate horizontal alignments for each section may be developed. Roadway profiles are not expected to be required. Proposed medians and curb and gutter are expected to match existing grades on US 6 with patching identified as needed to ensure positive drainage. Vertical point data for median and curb, gutter and sidewalk will be provided in the plans. Side slopes are anticipated to be accomplished through maximum 4:1 slopes. It is assumed that pedestrian crossing layouts at River Edge, Eaglebend and Mountain Stream will generally match the previous design with updates to lane widths as commented on by CDOT at the previous FOR and extension of raised median as identified by the Town. Median lengths and widths will be determined based on the existing pavement and lane and shoulder widths required. No widening of US 6 is planned. At Stone Bridge, the pedestrian crossing will be located at the signalized intersection with curb and gutter and sidewalk proposed on the southwest quadrant of the intersection up to the next access to the west. Lane configurations on US 6 will be modified for the signalized configuration and the access on the northeast quadrant will be relocated to the same location as the previous design to allow for a left turn deceleration lane into the property. Curb ramps will be detailed according to ADA standards at all pedestrian crossings. Design models will be prepared to provide limits of disturbance (toes of slope) and identify right-of-way (ROW) needs for the project. ROW needs are expected on the northeast and southwest corners of Stone Bridge and at the River Edge crossing for lighting and curb ramp construction. Guardrail design is not anticipated. A signing and striping plans will be developed. Consideration for future crosswalk markings and RRFB’s will be incorporated into the design. Pedestrian crossing warning signage is expected at each pedestrian crossing. Pavement marking and signing designs will be consistent with MUTCD, CDOT S-standards, and CDOT R3 preferences. No special signs are anticipated. Signing for the traffic signal will be included on the traffic signal plans. Where possible, signs will be left in place or reset. A traffic signal design at Stone Bridge will be prepared including signal poles, mast arm lengths, signal heads, associated signing, pedestrian push buttons and heads, controller cabinet, detection, and signal controllers. No interconnect is anticipated. Signal hardware such as poles, mast arms, and signal heads will be consistent with CDOT standards. Overhead lighting will be incorporated on the signal poles. It is expected that all conduit will be Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 3 open trenched due to geotechnical conditions in the area. Electric power source will be identified and coordinated with the utility company. Construction phasing and traffic control plans will not be developed, but phasing and traffic control needs will be investigated and quantities will be tabulated. In addition, a construction schedule will be developed to inform quantities and specifications. D. DOR (90%) DESIGN PLANS Stolfus will prepare project documentation including development of 90% DOR plans, project specifications and an opinion of probable cost. A CDOT Form 463 (Design Data) will be prepared and submitted to CDOT. Stolfus will provide QA/QC review for the project. We will also provide technical support throughout the project in an advisory capacity. Our review efforts will confirm appropriateness of methodologies used, accuracy of documents, reasonableness of conclusions, document completeness, and overall clarity. The 90% DOR Submittal will include: - Title Sheet, Standard Plans List, General Notes, Tabulations, Typical Sections, Survey Control Diagram, Geometric Control Plans, Removal Plans, Roadway Plans, Roadway Details, Traffic Signal Plans and Notes, Signing and Striping Plans, Traffic Control Tabulation, Utility Plans, Drainage Plans and Profiles, Lighting Plans, SWMP, Landscaping and Irrigation Plans, and cross-sections. PS&E DOCUMENTS The final design will incorporate comments from the FOR and consist of final plans, specifications, and engineer’s opinion of probable cost. General conditions are excluded from this scope of work. The PS&E plan package will be submitted to in electronic (PDF) format to the Town and CDOT for clearances. Minor updates will be made for the advertisement set, as necessary, for the Town to reproduce for advertisement. E. TOWN OF AVON AND CDOT PLAN REVIEW Stolfus will submit plans to the Town and CDOT for formal review at 90% completion level. Reviews are assumed to be approximately three (3) weeks unless otherwise negotiated by the Town. A formal DOR meeting will be held with the Town and CDOT to review the plans. Comments will be summarized and a response matrix will be prepared. F. DESIGN STANDARDS Drawings and designs will be in accordance with the Section 7.32 Engineering Improvement Standards of the Town’s Municipal Code, CDOT Roadway Design Guide, MUTCD, CDOT M&S Standards, CDOT Standard Specification for Road and Bridge Construction and other standards incorporated by reference. G. FIELD SURVEY AND ROW As subconsultant to Stolfus, Farnsworth will provide additional topographic survey, existing ROW and utility locates for five additional areas along US 6 for median design. They will also prepare one additional permanent easement with abbreviated ROW plans for CDOT that will accompany the previous easement definitions prepared for the previous design of the project. Refer to attached Farnsworth scope for details. This contract will cover the ROW Plans and Exhibits Task. All other work elements will be covered under the previous contract. H. UTILITY COORDINATION Stolfus will provide overall utility coordination/management for the project. Stolfus will review SUE plans and utility locates with the updated designs and evaluate proposed design with existing utilities to identify impacts. Stolfus will work with the hydraulics engineer to develop a utility conflict matrix. Stolfus will also develop utility plans to accompany the utility conflict matrix that will identify conflicts, relocations, and responsible parties and will be incorporated into the plan set. Stolfus will hold up to 2 Utility Coordination Meetings with the Town, CDOT and affected utility companies to review impacts and relocations (one virtual and one in-person meeting). The in- person meeting will be scheduled such that only one day is required to meet with all utility owners. Additional one- on-one contacts via phone and email will be provided to coordinate relocation plans, estimates and agreements. Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 4 Stolfus will work with the individual utility owners to develop utility agreements. Stolfus will also complete the utility specification that outlines the utility impacts and actions by the contractor and/or utility company. I. DRAINAGE AND WATER QUALITY RESPEC will reevalaute the drainage design and updated plans, the SWMP, hydraulic report, and quantities. Comments previously provided will be accounted for and incorporated into the updated DOR submittal. PSPs and non-standard details will be added if necessary. The PS&E phase will build on the analysis from the DOR phase and address any new comments provided by reviewers. The plans, SWMP, hydraulic report, PSPs will be finalized and prepared for bid. Permanent water quality improvement features will be incorporated at Stone Bridge Road but it is assumed that water quality for the pedestrian crossings will not be required. The Eagle River floodplain is a FEMA Zone AE floodplain which flows parallel to US 6, but it is contained within the existing channel and the proposed project limits are outside of the floodplain limits. J. LIGHTING DESIGN Clanton will provide lighting design for three (3) pedestrian crossings at River Edge, Eagle Bend, and Mountain Stream. Lighting at Stone Bridge will be incorporated on the traffic signal poles. Design from the previous effort are expected to remain the same with updates based on the FOR comments from the previous effort. The lighting scope include the following: 90% DOR  Incorporate comments from previous Avon US6 Stone Bridge FOR, up to one (1) comment response  Final lighting design o Final lighting layout o Lighting details  Electrical design o Panel schedules o One-line diagrams o Lighting Control Centers, including short circuit calculations and feeder sizing o Circuiting and conduit, including voltage drop calculations and conduit sizing o Electrical details  Utility Coordination  Specifications (CDOT format)  Tabulation of Approximate Quantities  Opinion of Probable Cost 100% Bid Set (PS&E)  Incorporate comments from DOR review, up to one (1) comment response  Final lighting design  Final electrical design  Final specification revisions (CDOT format)  Tabulation of Approximate Quantities  Opinion of Probable Cost  Up to two (2) submittals (PS&E and AD Set) K. LANDSCAPING DESIGN DHM will provide landscaping design assuming narrower medians will be paved and larger medians will be landscaped using a combination of shrubs, perennials, boulders and trees where appropriate. DHM will develop details of median edges, refuge space and materials. The scope includes the following tasks: Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 5 Task 1: Landscape Concept- DHM will develop a concept plan hand sketch for the medians illustrating plant locations and materials. Plants would be selected to be resilient with high aesthetic quality for canopy, screening and a strong curb appeal. Trees, shrubs, perennials and grasses need to thrive in available space with consideration to water, heat, debris from roadways. This is intended to be a rough internal sketch for DHM and Stolfus to review prior to beginning final construction plans. This plan is needed to complete CAD construction plans in the most efficient way. Deliverable Products: • Conceptual hand drawn landscape plans for medians along Highway 6 including plant palette. Task 2: Final Design- Following approval of the concept sketch plan, DHM will prepare Final Landscape and Irrigation Plans. Plans will include proposed median edge treatment, plant material, mulch/ rock cover and irrigation. We assume bubbler or drip irrigation within the medians. We assume there may be multiple irrigation taps because of the distance between medians. It’s our understanding that plans would be completed at end of December for review meeting in January. DHM will coordinate with Stolfus throughout design as needed. DHM has included 16 hrs. for revision time based upon review comments. Deliverable Products: • Draft-Final Landscape Plans and Details (10-12 sheets at 20 scale) • Draft-Final Irrigation Plans and Details (10-14 sheets at 20 scale) • Stamped Bid documents- Landscape Plans and Details (10-12 sheets at 20 scale) • Stamped Bid documents- Final Irrigation Plans and Details (10-14 sheets at 20 scale) L. CONTRACT TIME Stolfus will complete the scope of services within seven months from receipt of notice to proceed, excluding CDOT review and approval for advertisement. Weather delays for survey could impact the schedule. M. DESIGN SUPPORT DURING CONSTRUCTION & PUBLIC INVOLVEMENT This scope of services excludes public involvement, advertisement services and design services during construction. DELIVERABLES Deliverables expected for this project include meeting notes; topographic survey; ROW exhibit; design calculations; DOR (90%) plans; drainage report, quantities and opinion of probable cost; comment response matrix; and PS&E documents in electronic format. FEE Stolfus and its subconsultants will perform these engineering services for a total fee of $249,500. We appreciate the opportunity to work with the Town of Avon and would be happy to answer any questions you have on this Scope of Services. Sincerely, STOLFUS & ASSOCIATES, INC. Michelle R Hansen, PE Consulting Services Director 5690 DTC Boulevard, Suite 330W Greenwood Village, CO 80111 phone:303-221-2330 • fax: 303-221-2331 www.stolfusandassociates.com January 4, 2024 Eva Wilson, PE, PTOE, CFM Public Works Director Town of Avon Ewilson@Avon.org Dear Eva: Please find below a proposed Scope of Services for Stolfus & Associates, Inc. (Stolfus) to conduct design for a modified concept for the US 6 Mobility Improvement project. Improvements include the following:  US 6 and Stone Bridge Road – sidewalk with a pedestrian crossing and median refuge on the west side of the intersection; no improvements east of the intersection except for restriping, as necessary.  River Edge Crossing - a pedestrian crossing at the transit stop with raised median from approximate MP 169.45 to MP 169.93 (landscaping where width on US 6 allows)  Eaglebend Crossing – a pedestrian crossing at the transit stop with raised median from approximate MP 170.13 to MP 170.48 (landscaping where width on US 6 allows)  Mountain Stream Crossing – a pedestrian crossings at the transit stop with raised median from approximate MP 170.86 to MP 170.96. Pedestrians crossings will include a median refuge, ADA compliant sidewalk and curb ramp improvements to provide connectivity from the bus stops to the crossing, pedestrian level lighting and potential for future RRFB installation. It is our understanding the project is funded through a Revitalizing Main Streets and MMOF grants administered by CDOT and will follow the CDOT Local Agency process. In addition, the project is located on a US Highway, so CDOT design standards will apply. Compliance with CDOT Local Agency process, CDOT standards, and coordination with CDOT staff is included in the scope of services. The scope of work includes a single DOR submittal, and PS&E documents for approval and CDOT Clearances, and advertisement documents. The following services are not included in this scope of services: Conceptual Design, Traffic Analysis, Traffic Signal Design, Geotechnical, Pavement Design, Structures, Environmental (to be completed by CDOT), ROW acquisition, public involvement, additional SUE investigation. (Lighting design will include open trench conduit so no further QL-B investigation is required). SCOPE OF SERVICES The anticipated scope of services and deliverables for this project include: 1. Survey and Existing ROW Verification for sections not previously surveyed 2. Design a. Interim (90%) Design Plans and Specifications and drainage report for the raised medians and pedestrian crossings b. Conduct a DOR Review meeting with CDOT (virtual) 3. PS&E a. PS&E documents for approval and clearances by CDOT b. Ad Documents Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 2 ELEMENTS OF THE SCOPE OF SERVICES A. PROJECT MANAGEMENT Stolfus will review and process invoices and provide other project administration/ management services (coordination and product review) throughout the duration of the project. Stolfus will be responsible for day-to-day management and coordination of the work elements. Monthly schedule, budget and project status reports will be included in the invoices. Stolfus will create and maintain a project design schedule. The schedule will be updated as necessary during the design process. Stolfus will notify the Town when tasks are falling behind schedule. The following project team meetings are included in the scope of work:  Biweekly Town coordination meetings (1/2 hour) (virtual)  2 – Progress meeting with Town and CDOT staff (virtual)  1 – DOR plan review meeting (virtual) Stolfus will assist the Town with coordinating and scheduling meetings with CDOT. Stolfus will be responsible for preparing meeting exhibits and participating in the meetings. Meeting notes will be generated and distributed to the meeting attendees by Stolfus. C. ROADWAY AND TRAFFIC DESIGN Based on the Town’s direction and CDOT’s feedback, the design criteria for the project will be updated to incorporate pedestrian crossings, raised landscape medians, sidewalk connections to adjacent transit stops and submitted for review and concurrence. Intersection and stopping sight distance triangles will be developed for each access point to confirm pedestrian crossing locations and available landscaping zones. Proposed horizontal layout of improvements with be developed. Centerline horizontal control for US 6 will be developed. Separate horizontal alignments for each section may be developed. Roadway profiles are not expected to be required. Proposed medians and curb and gutter are expected to match existing grades on US 6 with patching identified as needed to ensure positive drainage. Vertical point data for median and curb, gutter and sidewalk will be provided in the plans. Side slopes are anticipated to be accomplished through maximum 4:1 slopes. It is assumed that pedestrian crossing layouts at River Edge, Eaglebend and Mountain Stream will generally match the previous design with updates to lane widths as commented on by CDOT at the previous FOR and extension of raised median as identified by the Town. Median lengths and widths will be determined based on the existing pavement and lane and shoulder widths required. No widening of US 6 is planned. At Stone Bridge, the pedestrian crossing will be located west of the intersection with curb and gutter and sidewalk proposed on both sides of US 6 west of the intersection to the next access to the west. Striping on US 6 may be modified to accommodate the needed width for the curb and gutter and sidewalk. The access on the northeast quadrant will remain in its current location and only striping modifications are expected east of the intersection. Curb ramps will be detailed according to ADA standards at all pedestrian crossings. Design models will be prepared to provide limits of disturbance (toes of slope) and identify right-of-way (ROW) needs for the project. ROW needs are expected on the southwest corner of Stone Bridge and at the River Edge crossing for lighting and curb ramp construction. Guardrail design at the northwest quadrant of Stone Bridge will be developed to accommodate the proposed sidewalk. A signing and striping plan will be developed. Consideration for future crosswalk markings and RRFB’s will be incorporated into the design. Pedestrian crossing warning signage is expected at each pedestrian crossing. Pavement marking and signing designs will be consistent with MUTCD, CDOT S-standards, and CDOT R3 preferences. No special signs are anticipated. Where possible, signs will be left in place or reset. Construction phasing and traffic control plans will not be developed, but phasing and traffic control needs will be investigated and quantities will be tabulated. In addition, a construction schedule will be developed to inform quantities and specifications. Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 3 D. DOR (90%) DESIGN PLANS Stolfus will prepare project documentation including development of 90% DOR plans, project specifications and an opinion of probable cost. A CDOT Form 463 (Design Data) will be prepared and submitted to CDOT. Stolfus will provide QA/QC review for the project. We will also provide technical support throughout the project in an advisory capacity. Our review efforts will confirm appropriateness of methodologies used, accuracy of documents, reasonableness of conclusions, document completeness, and overall clarity. The 90% DOR Submittal will include: - Title Sheet, Standard Plans List, General Notes, Tabulations, Typical Sections, Survey Control Diagram, Geometric Control Plans, Removal Plans, Roadway Plans, Roadway Details, Signing and Striping Plans, Traffic Control Tabulation, Utility Plans, Drainage Plans and Profiles, Lighting Plans, SWMP, Landscaping and Irrigation Plans, and cross-sections. PS&E DOCUMENTS The final design will incorporate comments from the DOR and consist of final plans, specifications, and engineer’s opinion of probable cost. General conditions are excluded from this scope of work. The PS&E plan package will be submitted to in electronic (PDF) format to the Town and CDOT for clearances. Minor updates will be made for the advertisement set, as necessary, for the Town to reproduce for advertisement. E. TOWN OF AVON AND CDOT PLAN REVIEW Stolfus will submit plans to the Town and CDOT for formal review at 90% completion level. Reviews are assumed to be approximately three (3) weeks unless otherwise negotiated by the Town. A formal DOR meeting will be held with the Town and CDOT to review the plans. Comments will be summarized and a response matrix will be prepared. F. DESIGN STANDARDS Drawings and designs will be in accordance with the Section 7.32 Engineering Improvement Standards of the Town’s Municipal Code, CDOT Roadway Design Guide, MUTCD, CDOT M&S Standards, CDOT Standard Specification for Road and Bridge Construction and other standards incorporated by reference. G. FIELD SURVEY AND ROW As subconsultant to Stolfus, Farnsworth will provide additional topographic survey, existing ROW and utility locates for five additional areas along US 6 for median design. They will also prepare one additional permanent easement with abbreviated ROW plans for CDOT that will accompany the previous easement definitions prepared for the previous design of the project. Refer to attached Farnsworth scope for details. This contract will cover the ROW Plans and Exhibits Task. All other work elements will be covered under the previous contract. H. UTILITY COORDINATION Stolfus will provide overall utility coordination/management for the project. Stolfus will review SUE plans and utility locates with the updated designs and evaluate proposed design with existing utilities to identify impacts. Stolfus will work with the hydraulics engineer to develop a utility conflict matrix. Stolfus will also develop utility plans to accompany the utility conflict matrix that will identify conflicts, relocations, and responsible parties and will be incorporated into the plan set. Stolfus will hold up to 2 Utility Coordination Meetings with the Town, CDOT and affected utility companies to review impacts and relocations (one virtual and one in-person meeting). The in- person meeting will be scheduled such that only one day is required to meet with all utility owners. Additional one- on-one contacts via phone and email will be provided to coordinate relocation plans, estimates and agreements. Stolfus will work with the individual utility owners to develop utility agreements. Stolfus will also complete the utility specification that outlines the utility impacts and actions by the contractor and/or utility company. I. DRAINAGE AND WATER QUALITY RESPEC will reevaluate the drainage design and updated plans, the SWMP, hydraulic report, and quantities. Comments previously provided will be accounted for and incorporated into the updated DOR submittal. PSPs and non-standard details will be added if necessary. Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 4 The PS&E phase will build on the analysis from the DOR phase and address any new comments provided by reviewers. The plans, SWMP, hydraulic report, PSPs will be finalized and prepared for bid. Permanent water quality improvement features will be incorporated at Stone Bridge Road but it is assumed that water quality for the pedestrian crossings will not be required. The Eagle River floodplain is a FEMA Zone AE floodplain which flows parallel to US 6, but it is contained within the existing channel and the proposed project limits are outside of the floodplain limits. J. LIGHTING DESIGN Clanton will provide lighting design for four (4) pedestrian crossings at River Edge, Eagle Bend, Stone Bridge and Mountain Stream. Design from the previous effort are expected to remain the same with updates based on the FOR comments from the previous effort with the exception of the Stone Bridge intersection that will require a new layout. The lighting scope include the following: 90% DOR  Incorporate comments from previous Avon US6 Stone Bridge DOR, up to one (1) comment response  Final lighting design o Final lighting layout o Lighting details  Electrical design o Panel schedules o One-line diagrams o Lighting Control Centers, including short circuit calculations and feeder sizing o Circuiting and conduit, including voltage drop calculations and conduit sizing o Electrical details  Utility Coordination  Specifications (CDOT format)  Tabulation of Approximate Quantities  Opinion of Probable Cost 100% Bid Set (PS&E)  Incorporate comments from DOR review, up to one (1) comment response  Final lighting design  Final electrical design  Final specification revisions (CDOT format)  Tabulation of Approximate Quantities  Opinion of Probable Cost  Up to two (2) submittals (PS&E and AD Set) K. LANDSCAPING DESIGN DHM will provide landscaping design assuming narrower medians will be paved and larger medians will be landscaped using a combination of shrubs, perennials, boulders and trees where appropriate. DHM will develop details of median edges, refuge space and materials. The scope includes the following tasks: Task 1: Landscape Concept- DHM will develop a concept plan hand sketch for the medians illustrating plant locations and materials. Plants would be selected to be resilient with high aesthetic quality for canopy, screening and a strong curb appeal. Trees, shrubs, perennials and grasses need to thrive in available space with consideration to water, heat, debris from roadways. This is intended to be a rough internal sketch for DHM and Stolfus to review prior to beginning final construction plans. This plan is needed to complete CAD construction plans in the most efficient way. Eva Wilson, PE, PTOE, CFM January 4, 2024 Page 5 Deliverable Products: • Conceptual hand drawn landscape plans for medians along Highway 6 including plant palette. Task 2: Final Design- Following approval of the concept sketch plan, DHM will prepare Final Landscape and Irrigation Plans. Plans will include proposed median edge treatment, plant material, mulch/ rock cover and irrigation. We assume bubbler or drip irrigation within the medians. We assume there may be multiple irrigation taps because of the distance between medians. It’s our understanding that plans would be completed at end of December for review meeting in January. DHM will coordinate with Stolfus throughout design as needed. DHM has included 16 hrs. for revision time based upon review comments. Deliverable Products: • Draft-Final Landscape Plans and Details (10-12 sheets at 20 scale) • Draft-Final Irrigation Plans and Details (10-14 sheets at 20 scale) • Stamped Bid documents- Landscape Plans and Details (10-12 sheets at 20 scale) • Stamped Bid documents- Final Irrigation Plans and Details (10-14 sheets at 20 scale) L. CONTRACT TIME Stolfus will complete the scope of services within seven months from receipt of notice to proceed, excluding CDOT review and approval for advertisement. Weather delays for survey could impact the schedule. M. DESIGN SUPPORT DURING CONSTRUCTION & PUBLIC INVOLVEMENT This scope of services excludes public involvement, advertisement services and design services during construction. DELIVERABLES Deliverables expected for this project include meeting notes; topographic survey; ROW exhibit; design calculations; DOR (90%) plans; drainage report, quantities and opinion of probable cost; comment response matrix; and PS&E documents in electronic format. FEE Stolfus and its subconsultants will perform these engineering services for a total fee of $244,250. We appreciate the opportunity to work with the Town of Avon and would be happy to answer any questions you have on this Scope of Services. Sincerely, STOLFUS & ASSOCIATES, INC. Michelle R Hansen, PE Consulting Services Director 970-390-2014 ewilson@avon.org TO: Honorable Amy Phillips and Council members FROM: Eva Wilson, PE, Public Works Director RE: Notice of Award – Design for the US6 Safety and Mobility Improvements Project DATE: January 5, 2024 SUMMARY: This report provides an update to Council on US6 Safety and Mobility Improvements designs and presents options for improvements with, or without, a traffic signal at the Stonebridge Intersection. Staff requests Council authorization to issue a Notice of Award for the design of the US6 Safety and Mobility Improvements Project as approved in the Town of Avon 2023 Capital Projects Fund. The project will complete the design for the safety improvements along US6 and advertise the design for construction in Spring 2024. Construction is estimated to begin in the Summer of 2024 and will end in Fall 2024. The project will provide Final Engineering design for the US6 Safety and Mobility Improvements project. The project received a $2M CDOT Revitalizing Main Street grant, a $1M CDOT Multimodal Transportation and Mitigation Options Fund (“MMOF”) grant, and a $200K contribution from Eagle County. The goal of the project is to slow prevailing speed on US6 and install 3 pedestrian crossings as shown on the project site below. Project Site: Page 2 of 2 TASK ORDER 6 FINAL DESIGN SCHEDULE: The proposed work, as described in the attached proposal, is to begin immediately with continued design of traffic calming median islands. The estimated date of completion is March 2023. The design completion date will be dependent on the final design concept, and findings pertaining to ROW, Utilities, Drainage, and Environmental Clearance. FINANCIAL CONSIDERATIONS: US6 Safety and Mobility Improvements Project, Final Design will be funded with the Town’s Capital Improvements Projects Fund. Project Budget: 1. Revitalizing Main Street Grant $2,000,000 2. MMOF Grant $1,000,000 3. Eagle County Contribution $200,000 4. Avon Local Match $300,000 Total Budget $3,500,000 Project cost estimate: Available Funds Budget $3,500,000 Task Order 1: Preliminary Engineering (30% Design) 124,548 Task Order 2: Preliminary Design (60% Design) 23,050 Task Order 3: Final Design (90% Design) 252,042 Task Order 4: Additional Utility Design 95,000 Task Order 5: Signal Concept Design 2,650 Task Order 6: Design and Final Construction Plans (100% Design) 245,939 Construction Cost TBD Current Total: $750,589 REQUESTED DIRECTION: Staff requests Council approval to award the US 6 Safety and Mobility Improvements Project for Final Design to Stolfus and Associates in the amount of $245,939. PROPOSED MOTION: “I move to approve the issuance of Notice of Award for the US 6 Safety and Mobility Improvements Project for Final Design to Stolfus and Associates in the amount of $245,939 WITH or WITHOUT the design of an intersection light at the Stonebridge Intersection.” Thank you, Eva US6 Safety and Mobility Improvements Update and Notice of Award Eva Wilson, Public Works Director US6 Safety and Mobility Improvements Project January 9, 2024 US6 Project Update and NOA Overview: •Project Update •CDOT Proposal/Options •Community Feedback on Traffic Signal Option •Notice of Award for selected Option US6 Safety and Mobility Improvements Project January 9, 2024 Background: US6 Safety and Mobility Improvements Project January 9, 2024 River Edge Crossing US6 Safety and Mobility Improvements Project January 9, 2024 Eaglebend Crossing US6 Safety and Mobility Improvements Project January 9, 2024 Stonebridge Crossing/Roundabout US6 Safety and Mobility Improvements Project January 9, 2024 Mountain Stream Crossing US6 Safety and Mobility Improvements Project January 9, 2024 New Concept US6 Safety and Mobility Improvements Project January 9, 2024 New Concept: River Edge Crossing X X X X US6 Safety and Mobility Improvements Project January 9, 2024 New Concept: Eaglebend Crossing X X X X US6 Safety and Mobility Improvements Project January 9, 2024 New Concept: Mountain Stream Crossing X X X X US6 Safety and Mobility Improvements Project January 9, 2024 Stonebridge Dr. Option 1 (Traffic Signal) US6 Safety and Mobility Improvements Project January 9, 2024 Stonebridge Dr. Option 2 (No-Traffic Signal) US6 Safety and Mobility Improvements Project January 9, 2024 FINANCIALS: Project Budget:$3,500,000 CDOT Revitalize Main Street Grant $2,000,000 CDOT Multimodal Options Fund Grant $1,000,000 Eagle County Contribution $200,000 Avon Commitment (CIP funds)$300,000 Project Expenses to Date:$497,290 $3,000,000 remaining US6 Safety and Mobility Improvements Project January 9, 2024 FINANCIALS: Future Project Costs: Option 1 (Traffic Signal) -Design Costs $249,500 -Construction Costs TBD (more than option 2) Option 2 (No-Traffic Signal) -Design Cost $244,250 -Construction Costs TBD US6 Safety and Mobility Improvements Project January 9, 2024 NOTICE OF AWARD: OPTION 1 (Traffic Signal) PROPOSED MOTION: “I move to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 2.6 Final Design to Stolfus and Associates in the amount of $249,500 as approved by the Town of Avon Capital Projects Fund. OPTION 2 (No-Traffic Signal) PROPOSED MOTION: “I move to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 2.6 Final Design to Stolfus and Associates in the amount of $244,250 as approved by the Town of Avon Capital Projects Fund.” US6 Safety and Mobility Improvements Project January 9, 2024 QUESTIONS US6 Safety and Mobility Improvements Project January 9, 2024 TO: Honorable Mayor Phillips and Council FROM: Ineke de Jong, Chief Administrative Officer RE: Public Comments Received US6 Pedestrian Safety DATE: Compiled January 8, 2023 (up until 4.15 PM) Council has received multiple public comments via email about the US6 Pedestrian Safety. The various comments are compiled below in chronological order. Private email addresses and phone numbers have been redacted. From: Jennie Fancher <jenniefancher@mac.com> Sent: Monday, January 8, 2024 4:03 PM To: Council Everyone Group <council@avon.org> Subject: Safe crossing for Highway 6 January 8, 2024 Honorable Mayor and Council, I am writing to offer my support for the proposed traffic light at the intersection of Stonebridge and Highway 6. As a resident of Eaglebend Drive, using this intersection frequently, I witness people at all times of the day and night walking along the edge of Highway 6 trying to time a safe crossing to get to the bus stop. This is true for both sides of the street. Highway 6 has crosswalks down by the Post Boulevard roundabout and by the Avon Road roundabout. These are far apart and unrealistic for people who have to cross the street to get to the variety of dense dwelling units that line both sides of Highway 6 in this area. Transportation is an important part of the Town and the County’s climate action plan and safe access to transportation should be a priority to both encourage and assist ridership. I am aware that staff’s recommendation is not to install a traffic light but rather install crossings and medians. While this option, Option 2, is certainly better than nothing, there is no guarantee for this slowing traffic. As a former member of the Avon Town Council I was involved with creating a safer environment for pedestrians and cyclists alike. However, creating a safe crossing for Highways 6 is a subject that has been discussed for a decade with no improvements made. The layers of bureaucracy are a roadblock to getting this mission completed. Visits and tours with different directors of CDOT have led nowhere other than discussion of traffic studies and comments that demonstrate that this is neither a concern nor a priority. Waiting for traffic to slow down is not going to lead to a speedy solution. Whether this traffic light is automatic or on-demand, it is truly the only immediate fix for creating safe passage across a very busy road. The residents of Avon in this area deserve a safe crossing. Furthermore, every bus stop should have safe access to it. I urge Council to do the right thing and make the decision to improve the safety of Highway 6 and help entice everyone to ride the bus knowing that they can get to where they are going safely. Sincerely, Jennie Fancher Avon resident From: Craig Ferraro <cferraro@ewpartners.com> Sent: Monday, January 8, 2024 9:30 AM To: Council Everyone Group <council@avon.org> Cc: Eric Heil <eheil@avon.org>; Eva Wilson <ewilson@avon.org> Subject: Traffic Light at Stonebridge Drive and Dear Avon Town Council: Unfortunately a quick trip will not allow me to attend the Town Council meeting on Tuesday January 9th where I see you are going to discuss US 6 Safety Improvement Designs. Please accept this email as my public comments on this issue. I would like to express my support for the addition of a traffic light at Stonebridge Drive and Highway 6. I utilize this intersection almost every day and it appears to me to be pretty simple; a light will help both pedestrian and driver safety, with minimal impact to drivers. Let’s look at each of these. The Governor’s Highway Safety Association reported 7,485 pedestrian deaths in 2021, the most pedestrian deaths in nearly 40 years. And 72% of these deaths were at night. This pedestrian fatality rate for the US was 50% higher than other developed nations. While there are numerous factors which cause this high death rate, what is true is many of these factors exist on Highway 6 at this intersection, no lighting, no protected crosswalk, high speed. I am a board member for the association which oversees the EagleBend Apartments. We have approximately 1,000 residents, many who ride the buses which run on Highway 6. We should do everything in our power to make walking along and crossing Highway 6 safe for them, as well as all Avon and all Eagle County residents who need to cross the highway in this area, a traffic light and associated traffic calming would do that. While I don’t have traffic numbers from CDOT having driven this section of Highway 6 for 23 years I can tell you it has become more crowded. What this means is it has become less safe for both drivers on Highway 6 and, more importantly to me, for drivers turning from Stonebridge onto Highway 6 and visa- versa. With a speed limit of 45 MPH, and nothing to slow drivers between the Post Boulevard and Beaver Creek roundabouts, speeds are typically 50 MPH. Making left turns, especially in winter with icy road conditions, can be treacherous. A traffic light would make this intersection much safer for drivers, while potentially making the left turns quicker than waiting for a break in traffic. To help determine what the impact of a light would be at this intersection one only needs to look a mile east. At Stone Creek Drive on Highway 6 there is a stoplight. People turning between Stone Creek and Highway 6 have a minimal wait, pedestrians can safely cross the highway to get to the bus stop on a red light and traffic on Highway 6 is 10 MPH slower. Yes, I occasionally get stopped at this stoplight, it is a 30 second delay which I can live with. Isn’t that the least we can do to help make Highway 6 safer for pedestrians and other drivers. Please move forward with whatever traffic calming is necessary on Highway 6 and please add a traffic light at the intersection with Stonebridge Drive. While not in your purview, I’d also ask ECO to light their bus stops and ask Eagle County to shovel the bike path running on the northside of Highway 6, both of these items will help pedestrian safety in our community. Sincerely, Craig Ferraro 3860 Eagle Bend Drive From: Bette Todd <bet430@aol.com> Sent: Sunday, January 7, 2024 8:07 PM To: Council Everyone Group <council@avon.org> Subject: Pedestrian Crossing Highway 6. Dear Avon Town Council, I hope this email finds you all well and ready to tackle the new year. We attended the meeting a couple weeks ago regarding the potential pedestrian crossing of Highway 6. Please find attached my thoughts on the crossing. Bette Todd Avon January 6, 2023 EMAIL ATTACHMENT To: Avon Town Council From Chris and Bette Todd 4920 Eaglebend Drive Avon, CO 81620 Dear Avon Town Council Members, We attended the meeting at Avon Town Hall held to present the options for a pedestrian crossing of Highway 6 near Stonebridge Dr. After considering the information presented, we support a signalized intersection with the pedestrian crossing at the intersection of Stonebridge Dr. and Highway 6 as both the safest and most practical solution to getting pedestrians across Highway 6. As you know, Avon has an abundance of non-local, visitor drivers, many of whom are unfamiliar with our roads. A crossing placed in a location where there is no signal or obvious activity (even if the crossing has warning flashers) has the potential to be missed and/or completely ignored thus not serve its intended purpose. A traffic signal is hard to miss. Traffic signals today are very sophisticated. Signals can be programmed to operate at different intervals during different hours on different days. Signals can also detect when a waiting vehicle is present at an intersection, or a crossing button has been pushed, and react accordingly. A signal could serve to slow traffic on Highway 6 when needed and favor flow on Highway 6 at busy hours. In the long term, a signalized intersection may serve a dual purpose of a safe pedestrian crossing and traffic control. In addition, there is good visibility of pedestrians at the Stonebridge/Highway 6 intersection. Drivers instinctively look for pedestrians at corners and intersections, not along tree lined pathways like the north side of Highway 6. Vehicles travel fast on Highway 6 between the two Avon roundabouts. Any unsignalized crossing on this road seems inherently dangerous. It appears from information presented at the meeting, the entry and exit of vehicles from Highway 6 into residential complexes can be managed with roadway adjustments. For the reasons above, we favor a signalized intersection with a pedestrian crossing at the Stonebridge/Highway 6 intersection as a logical and safe solution for a pedestrian crossing. That said, it would be important for a traffic analysis to confirm that the intersection would perform at an acceptable level during high usage times. This information was not available at the meeting. Thank you for providing an opportunity for input on this issue. Respectfully, Bette E. Todd From: tim powell <tspco@outlook.com> Sent: Friday, January 5, 2024 12:34 PM To: Mayor Phillips Subject: Re: ROUNDABOUT PEDESTRIAN SAFETY CONCERNS Mayor Phillips; See below and attached. After reading the 12/31/23 Vail Daily article pertaining to the Highway 6 and Stonebridge Road, I thought I would forward to you my 09/12/23 email (see below and first attachment) that I sent this past September 12th to Avon’s Public Works Director Eva Wilson which she then referred to and was responded to by Avon’s Drew Stewart on 09/13/23 and 09/18/23 (see second attachment). The email and first attachment photos pertain to the roundabout at Highway 6 and Avon Road referenced in the Vail Daily article. It is noted that this roundabout also has a direct connection to a transit station for both pedestrians utilizing the City of Avon, Eagle County, and Beaver Creek shuttle buses that requires residents from both sides of Highway 6 to cross Highway 6 traffic to gain access to. The Vail Dail article was very informative and explains much of the time delays and frustrations in dealing with transportation issues on Highway 6. Drew Stewart’s responses back to me is just now better understood putting them into context with the various CDOT and Colorado State Statutes that Avon has to deal with in addressing Highway 6 pedestrian safety issues. That said, I still find it difficult to accept that many of the existing eight pedestrian crosswalks listed in my email below and shown in the file of attached photos (all of which include long established median islands) do not include adequate pedestrian crossing signage nor do some even have adequate pavement markings depicting the pedestrian crossings. The difficulty I have in accepting the current status of the eight pedestrian crossings at Highway 6 and Avon Road is that even when taking into account the required time frames in establishing and posting signage for pedestrian crossings on State Highway 6, it would appear that either the State or the City of Avon has not followed through with a minimum of posting pedestrian crossing signage or making physical pavement delineations of these pedestrian crossings as visible as possible utilizing standardized State and City pedestrian highway signage and pavement stripping. These pedestrians crossings themselves along with their median islands have existed for more than three years and yet they do not have adequate signage. Unfortunately, I will not be in town on January 9th to provide public input. However, it would be much appreciated by me and by numerous residents of the Ascent Residences (managed by Eastwest Hospitality) that you as Mayor at least mention our concerns about these pedestrian crossings during the public hearing on the Highway 6 and Stonebridge Road pedestrian crossing issue. Tim and Sandy Tim Powell tspco@outlook.com 813-220-8682 Sandy Powell tsppvv@gmail.com 904-610-3184 109 Sea Lily Lane Ponte Vedra Beach, FL 32082 And The Ascent Residences #207 38390 Hwy 6 Avon, CO 81620 Powell FORWARDED EMAIL: From: tim powell Sent: Tuesday, September 12, 2023 5:28 PM To: Ewilson@avon.org Cc: Sandy Powell <tsppvb@gmail.com>; edwardhart@me.com; Matt Baron <MBaron@eastwest.com> Subject: ROUNDABOUT PEDESTRIAN SAFETY CONCERNS Ms. Eva Wilson; See below/attached. My name is Tim Powell. My wife and I are the condominium owners of Ascent Residence Unit 207, 39380 HWY 6, Avon, CO, 31920. Please allow me to introduce this record of concerns shared by many of the residents of the Ascent Residences as well as East West Management staff handling the management of the Ascent. The matter is the safety concerns I have observed at the pedestrian crosswalks associated with the roundabout intersection of Avon Road (to the north), Village Road (to the south), and US Hwy 6 (the Subject Roundabout). I was given your name by one of the Beaver Creek entry gate attendants (who is also an Avon bus driver), Mike MacNamara, as he found you most helpful in the past in providing information about Avon transportation issues. For the past several years, my wife and I have resided here from May- November. During our stays we extensively utilize the sidewalks and crosswalks along the south side of US Hwy 6, as well as those along Avon Road and Village Road as we walk our dogs daily from our condo building up to the Beaver Creek Resort entry gates. Additionally, we cross over Hwy 6 to enter onto the pedestrian trail that is on the north side of Hwy 6. As a retired urban planner from the Tampa Bay area specializing in regulatory agency negotiation and infrastructure construction management, I am a strong proponent of vehicular roundabouts. That said, I am also aware of the pedestrian circulation challenges that roundabouts create. Acknowledging that this particular roundabout consists of both the City’s Avon Road, the State’s Hwy 6, and Beaver Creek Resort’s Village Road, I realize that Avon may not have complete jurisdiction over the roundabout’s eight crosswalk sections; however, I thought I would start by contacting you for your assistance in addressing the pedestrian signage and crossing devices of these sections. My concerns are focused on the fact that of the eight (8) crosswalk sections on the roundabout, five (5) do not have any posted written or graphic depiction devices indicating and warning of the existence of a pedestrian crosswalk to vehicular traffic. The sections 1. – 5. that are missing any pedestrian signage or graphic depiction are: 1. WB Hwy 6 at Avon Road on east side of roundabout, 2. NB Village Road at Hwy 6 on south side of roundabout, 3. SB Village Road at Hwy 6 on south side of roundabout, 4. EB Hwy 6 at Avon Road on west side of roundabout, 5. WB Hwy 6 at Avon Road on west side of roundabout. In addition to the lack of signage or graphic depiction at the above section locations, the sections 6. – 8. below are missing most or all of the crosswalk pavement markings: 6. EB Hwy 6 at Avon Road on east side of roundabout, 7. EB Hwy 6 at Avon Road on west side of roundabout, 8. WB Hwy 6 at Avon Road on west side of roundabout. Currently, the amount of pedestrian traffic traveling on the sidewalks of the Subject Roundabout consists of the 49 unit owners/families of The Ascent Residences, a significant amount of daily use by pedestrians from the Beaver Creek Resort as well as residents from Avon, and construction workers working on the 84 units of the new Frontgate development. The construction workers at Frontgate will start to be replaced by 84 unit owners/families starting in 2024. It is noted that all the pedestrian traffic related to the residential units of the Ascent and Frontgate have no other choice but to utilize the pedestrian crosswalks of the Subject Roundabout as the sidewalk on the south side of Hwy 6 currently and in the future terminates at the east end of the Frontgate development forcing all pedestrian traffic to go west into the roundabout. The safety of the abovementioned crosswalk sections is additionally compromised by the speed of the vehicular traffic entering from the east and west on Hwy 6 as well as the traffic exiting the Beaver Creek Resort from the south. It appears to be due to the unobstructed sightlines of vehicles coming into the Subject Roundabout from these directions as well as the large radius of the roundabout resulting in vehicles tending to not slow down approaching and coming into the roundabout. I have attached several photos that I have taken depicting the sections referenced in this email. The first five photos depict the list of sections 1. 5. missing any pedestrian signage or graphic depiction. The next three photos depict the list of sections 6. – 8. that are missing most or all of the crosswalk pavement markings. Based on this email, I would like to request a meeting with you and your staff to discuss the safety concerns of the Subject Roundabout with the hope of gaining the City’s support of addressing them. Your assistance and response would be most appreciated. Tim Powell Tim Powell 813-220-8682 tspco@outlook.com 38390 Hwy 6, #207 P.O. Box 8274 Avon, CO 81620 From: Charlie Sherwood <charlie-ski@peoplepc.com> Sent: Monday, December 18, 2023 7:50 AM To: Drew Stewart <dstewart@avon.org> Cc: Council Everyone Group <council@avon.org> Subject: Stoplight on US 6 Drew, Regrets that I will be out of town on Dec. 20, the open house for installing a traffic light on US 6 at Stonebridge. Everything I have read going back to the TOA April 27 stakeholders meeting says that the issue that is being addressed by this is pedestrian safety. According to the April 28, 2021 Vail Daily article reducing speeds on US 6 was the primary thrust for fixing the problem. A rock and a hard place: I see from the VD April 28, 2021 article that a traffic study showed that “the prevailing speed along this stretch of US 6 is 47 mph. The speed limit is 45 mph.” So people are generally not speeding here. The article also says federal rules preclude changing the speed limit. Now From the Dec 16, 2023 Vail Daily article, CDOT says we can not put in a traffic circle in an attempt to reduce speeds. What to do? Nowhere have I seen that there is a perceived problem associated with cars entering US 6 from Stonebridge Why not put in a pedestrian traffic light instead of a regular one? One that does not trigger on cars, but is called for by pedestrians requesting to cross US 6. This solution would keep traffic moving along US 6 better. I also believe it would cause less driver anger. Most people would be happy to help pedestrian safety, not so much to help car safety at an intersection that hasn’t been documented to be a problem for cars. Also, it was reported in the 2021 Vail Daily article that it was felt that painting in pedestrian cross walks on US 6 was not a very good solution because drivers ignore them. However, the cost is small. So why not do this too? What harm is there in that? This section of US 6 is pretty long, and I doubt that pedestrians will walk long distances to get to a stoplight controlled US 6 crossing. NB One of my more favorite bike rides is along this section of US 6. I go by the Stonbridge intersection a lot. I have seen very few cars entering US 6 from Stonebridge. I understand why the two lights at Stone Creek and Eagle Road are on US 6. There is much more auto traffic entering US 6 at these two spots. Charlie Sherwood 4211S Wildridge Rd. W. Avon, Co. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1.CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Mayor Amy Phillips called the December 12, 2023, Council regular meeting to order at 5:09 p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilors present virtually were RJ Andrade and Ruth Stanley. Councilor Chico Thuon joined the meeting in person at 5:30 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Avon Police Chief Greg Daly, and Finance Director Paul Redmond. 2.APPROVAL OF AGENDA Video Start Time: 00:09:18 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Rich Carroll asked that Written Report 7.7 (Grant Funding Updates) be added to the Agenda for discussion after Business Item 5.4. Without further discussion, Mayor Pro Tem Underwood made a motion to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 6-0 vote. 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:11:03 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4.PUBLIC COMMENT Video Start Time: 00:11:23 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or virtually. Michael Mossman, resident of Avon, stated that the Israeli flag discussion from Council touched a nerve and prompted him to prepare a letter which he sent to the Vail Daily and he read it into the record. His statement recapped why a flag is important. He wondered if Avon Town Council created a slippery slope by flying the Ukrainian flag and put themselves in an unenviable position of choosing sides in a conflict. He suggested that the safe bet is to only fly the US Flag and State Flag to not offend anyone. Elaine Farkas, resident of Avon, noted she recently participated in a pro-Israeli protest and in Israel, there is freedom of religion and respect for other beliefs. She highlighted the Israeli people’s contributions to society, including their ability for being inclusive of refugees and members of the LGBTQ community. She asked what separation of church and state meant for Council. She asserted AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 that flying Ukraine’s flag and the LGBTQ flag means they should agree to fly the Israeli flag. She paraphrased a statement and said it is about good and evil in her mind. She asked the community of Avon to stand with Israel. Sandy Gaffner, resident of Avon, stated she is in support of flying the Israeli flag. She added she was not aware that last meeting was going to include discussions about the Skate Plaza to be located at the Old Town Hall Site. She said she does not support it because there are already skateparks in Edwards, Vail and Gypsum. She highlighted that she supports skateboarding, and her son is an avid skateboarder. She said there are enough skate parks and to create one more skate park in Avon is unnecessary. She suggested a small fenced-in dog park would be a better use for that location. At 5:27 p.m., Mayor Pro Tem Underwood asked for a brief 10-minute recess to allow for Rabbi Joel Newman to make a public comment after his Hannukah service at B’nai Vail. At 5:30 p.m., Councilor Thuon joined the meeting. At 5:35 p.m., Mayor Phillips reconvened the Meeting. Orit Yehezkel, resident of Avon, stated she is an Israeli citizen who was living in Israel when the war started. She added she understands that Council thinks Israel is a religious state and would like to clarify that Israel enshrines freedom of religion in its Declaration of Independence. She noted she stands before Avon Council in the name of humanity and said that on October 7, many of the massacred in Israel were not Jewish and their religion did not matter. She circulated a photo to Councilors of a victim taken at a music festival in Israel who was an Arab bus driver. She said they kidnapped him and used him as a translator, and he was found shot dead even though he was an Israeli Arab. She also spoke of 19 Bedouins massacred that day. She said 3000 individuals came and butchered many in Israel and pleaded for Avon to display the flag of Israel in support. Steven Wellins, president of the B’nai Vail congregation, stated he wanted to register his disappointment that Avon Councilors voted against displaying the Israeli flag. He spoke of the attacks on October 7, and the victims and hostages. He spoke of the actions of the Local B’nai Vail congregation to help Israeli people who suffered from this attack on the sovereignty of Israel. He spoke of the difficulties faced by Israelis in Israel given the fall out of that attack. He highlighted the shock that struck a nerve with Avon not wanting to raise and fly the Israeli flag. He said they should’ve asked for it, but they were focused in taking actions in Israel. He noted that Council voted to raise LGBTQ flag, as well as Ukraine but does not understand why Avon wont fly the flag of Israel which is the only democracy in the region. He mentioned that flying one flag but not another sent a chilling message, and the best course of action is a public statement to explain the use of flags in Avon. Jonathan Garini, resident of Avon, stated he is proud of his Israeli and Jewish heritage. He noted he was hurt by reading in the Vail Daily about what happened at Council’s last meeting because he felt singled out because of his heritage. He said he did not understand the logic behind it given that Avon has flown the flags of LGBTQ and Pride. He noted Israel was attacked unprovoked. He said the war is very sad and the Israeli are unintentionally killing civilians, but it is not the same as criminals AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 that target and kill civilians specifically without regard for life. He asked for Council to do the right thing, but admitted he is worried Council will not change their opinion. Ronnie Kiek, resident of Eagle County, asked for Council to close their eyes and picture the kidnapping of their best friend. She added that eight of her childhood friends were butchered at a music festival. She mentioned two good friends of hers were also butchered in their homes and three friends were kidnapped in Gaza since the attack took place, without her knowing what happened to them. She said flying the Israeli flag is about supporting humanity, noting they kidnapped 240 people in the attack. She spoke of the coexistence of cultures in Israel. She noted she stood for Ukraine and expects anyone to show solidarity to what has been happening and is still happening to this day in Israel. Joel Newman, Rabbi of B’nai Vail and resident of Avon, said this attack is the worst tragedy since WWII but wants to speak of flying flags tonight, such as that of the United States. He said as a veteran, seeing the US flag is symbolic. He said that it was an insult for Avon Council not to flying the Israeli flag, which is a democracy. He asked why they wouldn’t and for them to reconsider what it means to fly a flag in support of a nation. Seth Levi, resident of Gypsum, stated he understands the concerns of the Jewish community and is not here to ask for Avon to raise the flag of Israel. He said he supports consistency and wants only the necessary flags to be flown. He noted flying Ukraine’s flag and logic used for it means it should’ve also resulted in flying the flag of Israel. He clarified the concepts of Israel not being a religious country and not taking hostages, while Hamas takes civilian hostages. He said Avon should not support a heckler’s veto and Avon should not listen to them. He invited Council to attend a December 18, 2023 gathering at B’nai Vail where there will be a lighting of the Hanukkah candles and a discussion about the war in Israel with the terrorist group Hamas at 10:30 a.m. or 5:30 p.m. Tim McMahon, resident of Avon, spoke to Councilors about Hoffman Properties managed parking in Avon. He asked to revoke their business license because of overcharging for parking and said they were recently fined for bad practices elsewhere in the State. He highlighted the parking signage that is in place and how it relates to the Attorney General’s decision to fine them. He then spoke of the electric charging stations and their fee system and asked if they are subsidized by the Town of Avon. He then asked if Councilors charge their vehicles at those subsidized stations. Gary Olson, resident of Avon, stated he is a veteran of an unpopular war. He said there is always evil out there and people must do something against it. He spoke of his oath to defend the Constitution and understands that it also means defending freedom around the world. He spoke of the case of Israel and noted Avon stood with Ukraine and flew their flag. He asked Avon to stand with Israel and freedom in the same way it did with Ukraine. Jake Wolf, former Avon Councilor and resident of Vail, said it is difficult to take sides and has listened to them without judgment. He added that a democratic nation was attacked by terrorists AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 and it is getting convoluted with a discussion of separation of church and state. He highlighted Israel is a nation that welcomes religious freedom and suffered a brutal attack and is defending itself. He questioned why, under this understanding, Council is not supporting flying the flag of Israel. He asked Council to support morally correct flags and do the right thing. Mayor Phillips noted that Council typically does not respond to public comment but in this instance, she had a statement prepared for the record. She thanked everyone for their comments and public input and said she agrees that the terrorist attacks perpetrated by Hamas on October 7, 2023 were horrific and intended to instill death and horror on the people of Israel which is terrible. She added that on November 14, 2023 the decision from Council was just to not fly the Israeli flag, but not intended to cause a slight on the Jewish community or make any statement on the conflict. She noted she understands the decision was received to be insensitive to the Jewish community, but that was not their intent. She highlighted the events in Israel have little to do with Avon Town Business and the flagpole and flag discussions should only be relevant to things which have to do with the Avon Town government. She added Council didn’t mean any harm and she supports revisiting this topic at a future Council meeting in early 2024 to discuss how to manage Town flagpoles but it won’t be on the Agenda tonight. She acknowledged that may not be satisfying for all people present in the room but it is the consensus from this Council. She then asked for a moment of silence for all of the suffering incurred on all the innocent victims in the conflict. At the time of her last statement asking for a moment of silence, many in the room began complaining about the remark from Mayor Phillips made in support of all innocent victims, and public commentators exited the room in protest while voicing their disagreement. 5. BUSINESS ITEMS 5.1. Public Hearing: Resolution 23-32, Adoption of Avon Downtown Development Authority 2024 Budget (DDA Treasurer Paul Redmond) Video Start Time: 01:06:30 DDA Treasurer Paul Redmond delivered his presentation related to the adoption of the Downtown Development Authority Budget. He noted that the DDA Board Members have already approved this budget. Mayor Phillips opened the floor to the public hearing, and no public comment was made in person nor virtually. After deliberations, Councilor Carroll made a motion to approve Resolution 23-32. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.2. Public Hearing: Adoption of the 2023 Final Revised Budgets, 2024 Operating Budget, 2024 Capital Projects Fund Budget & Long-Range Capital Program and Tax Levies (Finance Director Paul Redmond) Video Start Time: 01:09:13 Finance Director Paul Redmond delivered his presentation related to the adoption of the 2023 Final Revised Budgets, 2024 Operating Budget, 2024 Capital Projects Fund Budget & Long-Range Capital Program and Tax Levies. Related to the 2023 budget, Councilor Hardy asked questions about the Turkey Trot donation of proceeds to YouthPower365 and was advised by Town Manager Eric Heil AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 that they don’t have a prepared answer but will get back to her on what percentage of proceeds will be donated. Related to the 2024 budget, Mayor Pro Tem Underwood thanked Mr. Redmond for his handling of the budgetary process, which was very transparent. Mayor Phillips opened the floor to the public hearing, and no public comment was made in person nor virtually. After deliberations, Mayor Pro Tem Underwood made a motion to approve Resolutions 23-26, 23-27, 23-28, 23-29, 23-30, and 23-31. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. At 6:28 p.m., Mayor Phillips declared a recess from the Regular Meeting for Council to convene in a meeting of the Avon Urban Renewal Authority (URA) Board. At 6:40 p.m., the URA Board adjourned that meeting, and the Regular Meeting was reconvened by Councilors. 5.3. Adoption of the 2024 Council Meeting Schedule (General Government Manager Ineke de Jong) Video Start Time: 01:30:37 General Government Manager Ineke de Jong delivered her presentation to Council of the Council Meeting Schedule. Mayor Phillips indicated that Town Hall will continue to facilitate Town Hall for elections, so the February 22nd meeting will be virtual only, and the October 22nd meeting will be a budget retreat not in Council Chambers. Mayor Phillips also highlighted there will be an Executive Session for Legal Advice and pending legal matters. Town Manager Eric Heil spoke of the appointment of the incoming Interim Town Attorney and her schedule and that there may be a small adjustment to the Calendar. No public comment was made in person nor virtually. After deliberations, Councilor Hardy presented a motion to approve the 2024 Council Meeting Schedule. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. 5.4. Resolution 23-25 Supporting the 2024 RREO Grant application (Sustainability Coordinator Charlotte Lin) Video Start Time: 01:36:07 Deputy Town Manager Patty McKenny delivered a presentation on behalf of Sustainability Coordinator Charlotte Lin who could not attend this Meeting and spoke of the purchase of a Styrofoam densifier with the grant’s proceeds. Mayor Pro Tem Underwood asked if Styrofoam used by butcher shops and in grocery stores could be recycled in the densifier or if they were too contaminated, and Ms. McKenny noted that she did not have an answer and would forward it to Ms. Lin. She also asked questions on the operation of the Styrofoam densifier by Staff and was advised it will likely be a designated staff member, but that operational component of the program is still being reviewed. Councilor Hardy noted there are complaints she’s heard of mishandling of recycling materials at the recycling center in Avon and asked that whichever Staff monitors the Styrofoam densifier also consider monitoring the recycling center in Avon. Town Manager Eric Heil mentioned that the AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 recycling center in Avon is run by Eagle County, and he will visit with Eagle County Commissioners on the topic. No public comment was made in person nor virtually. After deliberations, Councilor Thuon presented a motion to approve Resolution 23-25. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.5. Written Report 7.7 (Grant Funding Updates) Video Start Time: 01:43:27 Councilor Carroll noted that he asked for this Written Report to be added to the Agenda to highlight that there are $6 million dollars in grants that the Town applied for and that’s an amazing amount. He thanked staff for their hard work on it and hoped it continues. 6. MINUTES 6.1. Approval of the November 14, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:44:10 Councilor Thuon presented a motion to approve the Minutes from November 14, 2023. Mayor Pro Tem Underwood seconded the motion. They were approved with a 7-0 vote, with Councilor Andrade mentioning his vote in favor is only for the portion of the meeting he was present for. 7. WRITTEN REPORTS 7.1. Gift Reporting – Birds of Prey (Town Clerk Miguel Jauregui Casanueva) 7.2. Year-end Sustainability Updates (Sustainability Coordinator Charlotte Lin) 7.3. Polystyrene Ban Update (Sustainability Coordinator Charlotte Lin) 7.4. Draft November 14 Health & Rec Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) 7.5. Avon Turkey Trot Recap (Recreation Director Michael Labagh) 7.6. Draft November 16 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.7. Grant Funding Updates (Deputy Town Manager Patty McKenny) 7.8. PZC Abstract (Planner 1+, Max Morgan) 7.9. Monthly Financials October (Senior Accountant Dean Stockdale) 7.10. Monthly Financial November (Senior Accountant Dean Stockdale) 7.11. Upper Eagle Regional Water Authority Meeting Summaries from July 27, 2023 August 25, 2023 September 28, 2023 and October 26, 2023 (Mayor Pro Tem Tamra Underwood) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:44:58 Mayor Phillips reminded Council and the public of the Eagle Valley Transit Authority meeting to be held tomorrow, December 13, 2023, at 12:00 p.m. noon at the Avon Council Chambers. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 Mayor Pro Tem Underwood highlighted the difficulty of being a Councilor in Avon, noting she does her best at every meeting for the business of the Town. She added she doesn’t always get it right, but it is difficult, and to have expectations that Council can look at a budget like a Finance Director would is a challenging standard for members of the public doing their best. She emphasized that it is an election year, and people who would like to apply to be Councilors should do so in August for the November 2024 election. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 6:56 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon AVON SPECIAL MEETING MINUTES TUESDAY DECEMBER 19, 2023 VIRTUAL ONLY MEETING, VIA ZOOM.US 1 1.CALL TO ORDER AND ROLL CALL The special meeting was hosted in a virtual only format, via Zoom.us. Mayor Amy Phillips called the December 19, 2023, Council special meeting to order at 5:00 p.m. A roll call was taken, and Councilors present virtually were Rich Carroll, Lindsay Hardy, Mayor Pro Tem Tamra Underwood, and Mayor Phillips. Councilor Ruth Stanley joined the meeting virtually at 5:02 p.m. Councilor RJ Andrade joined the meeting virtually at 5:03 p.m. Councilor Chico Thuon joined the meeting virtually at 5:16 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Community Development Director Matt Pielsticker, Senior Planner Jena Skinner, Avon Rec Director Michael Labagh, and incoming Interim Town Attorney Nina P. Williams. 2.APPROVAL OF AGENDA Video Start Time: 00:01:30 Mayor Phillips initiated the meeting with the Agenda approval process. Without further discussion, Mayor Pro Tem Underwood made a motion to approve the Agenda. Councilor Hardy seconded the motion. It was approved with a 4-0 vote of those present at that time. 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:00 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4.PUBLIC COMMENT Video Start Time: 00:02:11 Mayor Phillips explained that public comment can be made by participating in the meeting via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present virtually, and no public comment was made. 5.BUSINESS ITEMS 5.1. Resolution 23-22: Appointing an Interim Town Attorney (Town Manager Eric Heil) Video Start Time: 00:02:35 Town Manager Eric Heil introduced the topic of the appointment of Ms. Nina P. Williams as new Interim Town Attorney for the Town of Avon. He noted that the Town of Avon had received a 60-day notice of termination of representation from Town Attorney Karl Hanlon which had caused him to begin interviewing replacements. He advised there are 6-8 firms that specialize in local government law in the State, and he contacted 3 of those firms and a solo practitioner, which allowed him to find suitable candidates quickly. He introduced Ms. Nina P. Williams who spoke of her experience as an attorney specialized in representing local governments. AVON SPECIAL MEETING MINUTES TUESDAY DECEMBER 19, 2023 VIRTUAL ONLY MEETING, VIA ZOOM.US 2 Councilor Stanley asked where Ms. Williams is based out of, and she advised she is based out of Lewisville. Mayor Pro Tem Underwood verified the understanding of Town Attorney office hours onsite at Avon Town Hall, Tuesdays and Wednesdays, which Ms. Williams confirmed and added she will still be available outside of office hours as well. Councilor Andrade asked if the Town was settling by hiring Ms. Williams, and Town Manager Heil noted he does not believe so. Heil spoke of the experience of her firm and her established trajectory in municipal law. Mayor Pro Tem Underwood supported Heil’s statements and added that her experience with land board issues also make her a great candidate. Councilor Carroll suggested an amendment to the legal services agreement to retain Ms. Williams, in paragraph 1-H, where he indicated “monitor litigation [add ‘and other’] matters”. No public comment was made virtually. After deliberations, Councilor Stanley motioned the approval of Resolution 23-22. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 5:20 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon. [Phone Number] [E-Mail] TO: Honorable Mayor Phillips and Council members FROM: Patti Liermann, Housing Planner RE: Mi Casa Avon Program Update DATE: January 9, 2024 SUMMARY: This report provides a Year End 2023 update on the Mi Casa Avon program. BACKGROUND: Mi Casa Avon was designed to help Avon residents achieve homeownership. Launched in 2020, the program addresses housing affordability challenges faced by the local workforce. The program provides a monetary contribution towards a buyer’s purchase in exchange for recording a Resident Occupied deed restriction on the property, permanently preserving that home for the local workforce in the future. REVIEW OF PROGRAM PERFORMANCE: Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2020 8 $ 650,000 $ 464,760 $ 58,095 $ 493,500 2021 13 $ 900,000 $ 847,222 $ 65,171 $ 547,142 2022 16 $1,200,000 $1,164,260 $ 72,766 $ 615,344 2023 3 $1,500,000 $ 199,200 $ 66,400 $ 563,333 Total 40 $2,675,442 $ 66,886 $ 564,909 2020 2021 2022 2023 Unit Count 8 13 16 3 Total Contribuion $464,760 $847,222 $1,164,260 $199,200 Average Contribution $58,095 $65,171 $72,766 $66,400 $464,760 $847,222 $1,164,260 $199,200 $58,095 $65,171 $72,766 $66,400 0 200000 400000 600000 800000 1000000 1200000 1400000 Co n t r i b u t i o n A m o u n t $ Mi Casa Avon Total Contribuion Average Contribution 8 13 16 3 Page 2 of 3 Unit Type # Bedroom Count # Condo 28 Studio 1 Townhome 11 1 Bedroom 4 Duplex 1 2 Bedroom 25 Single Family Home 0 3 Bedroom 9 Other 0 4 Bedroom + 1 Total 40 Total Bedrooms 86 2022 2023 Resales 1 0 Listings 0 1 Rentals 1 (Leave of Absence) 1 (Leave of Absence) Leave of Absence 1 1 FINANCIAL CONSIDERATIONS: The initial funds of $650,000 was approved by Town Council in 2020 from the Avon Community Housing Fund. In 2021, Council approved $900,000 to continue the program. In 2022, Council approved funding in the amount of $1,200,000 which included a rollover balance from 2021 in the amount of $238,018. Total funds for 2023 were $1,583,558 including $378,158 in rollover funds from 2022. 2023 ended with three units and $199,200 in contributions spent. Page 3 of 3 Thank you, Patti Liermann NEIGHBORHOOD / SUBDIVISION Unit Type Square Ft Bedrooms Contract Price Price requested %$/Sq Ft 1 METCALF / BARRANCAS Condo 935 2 399,000$ 47,880$ 12.0%$427 2 WILDRIDGE Duplex 1987 4 645,000$ 75,000$ 11.6%$325 3 WILDRIDGE / SADDLERIDGE AT AVON Town house 2027 3 630,000$ 75,000$ 11.9%$311 4 NOTTINGHAM / BRISTOL PINES Town house 1337 3 480,000$ 57,600$ 12.0%$359 5 NOTTINGHAM / SHERWOOD MEADOWS Condo 552 1 288,000$ 34,560$ 12.0%$522 6 HURD / AVON CROSSING Condo 840 2 431,000$ 51,720$ 12.0%$513 7 WILDRIDGE / COYOTE CREEK TOWNHOMES Town house 2063 3 675,000$ 75,000$ 11.1%$327 8 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 400,000$ 48,000$ 12.0%$521 9 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 430,000$ 51,600$ 12.0%$560 10 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 370,000$ 44,400$ 12.0%$482 11 WILDRIDGE / ELK RUN TOWNHOMES Townhome 1770 3 695,000$ 83,400$ 12.0%$393 12 ADJ. TOWN CORE / GREENBRIER Condo 1019 2 449,000$ 53,880$ 12.0%$441 13 METCALF / BARRANCAS Condo 935 2 498,000$ 59,760$ 12.0%$533 14 NOTTINGHAM / BALAS TOWNHOUSE Condo 1647 2 645,000$ 77,400$ 12.0%$392 15 NOTTINGHAM / NIGHTSTAR Townhome 1228 2 744,000$ 88,560$ 12.0%$611 16 WILDWOOD / 1066 WILDWOOD TOWNHOMES Townhome 806 1 515,000$ 61,800$ 12.0%$639 17 WILDRIDGE / MOUNTAIN VIEW TOWNHOMES Townhome 1176 3 616,100$ 73,932$ 12.0%$524 18 WILDWOOD / WILDCAT RIDGE TOWNHOMES Townhome 2025 3 880,000$ 100,000$ 11.4%$435 19 METCALF / BARRANCAS Condo 935 2 480,000$ 57,600$ 12.0%$548 20 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 420,750$ 50,490$ 12.0%$513 21 NOTTINGHAM LAKE / BEAVER BENCH Studio 464 0 370,000$ 44,400$ 12.0%$797 22 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 500,000$ 60,000$ 12.0%$651 23 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 540,000$ 64,800$ 12.0%$703 24 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 522,000$ 62,640$ 12.0%$680 25 NOTTINGHAM / SHERWOOD MEADOWS Condo 552 1 390,000$ 46,800$ 12.0%$707 26 WILDRIDGE / ORCHARD Townhouse 1468 3 950,000$ 100,000$ 10.5%$647 27 METCALF / BARRANCAS Condo 925 2 520,000$ 62,400$ 12.0%$562 28 METCALF / BARRANCAS Condo 935 2 610,000$ 73,200$ 12.0%$651 29 WEST BEAVER CREEK / LIFTVIEW Condo 768 2 600,000$ 72,000$ 12.0%$781 30 METCALF / BARRANCAS Condo 935 2 625,000$ 75,000$ 12.0%$669 31 WILDRIDGE / SUNCREST Townhome 1824 3 750,000$ 90,000$ 12.0%$411 32 HURD / AVON CROSSING Condo 866 2 700,000$ 84,000$ 12.0%$808 33 WILDRIDGE / DRAW SPUR TOWNHOMES Townhome 1380 3 860,000$ 100,000$ 11.6%$623 34 NOTTINGHAM / NIGHTSTAR Condo 1228 2 730,000$ 87,600$ 12.0%$595 35 WEST BEAVER CREEK / BENCHMARK Condo 503 1 363,500$ 43,620$ 12.0%$723 36 WEST BEAVER CREEK / SUNRIDGE Condo 780 2 615,000$ 73,800$ 12.0%$789 37 METCALF / BARRANCAS Condo 935 2 570,000$ 68,400$ 12.0%$610 38 NOTTINGHAM / SONNEN HALDE Condo 915 2 430,000$ 48,000$ 11.2%$470 39 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 575,000$ 69,000$ 12.0%$749 40 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 685,000$ 82,200$ 12.0%$892 AVERAGES 2020 - Present 1067 2 564,909$ 66,886$ 11.9%$572 20 2 0 20 2 1 20 2 2 20 2 3