TC Packet 05-23-2023_______________________________________________________________________________
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, May 23, 2023
MEETING BEGINS AT 5:10 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 2)
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. Resolution 23-09 Approving USDA Composting Grant Application (Sustainability Coordinator
Charlotte Lin and Deputy Town Manager Patty McKenny)
5.2. Work Session: Water Service SFE Assignments and Future Development (Town Manager Eric
Heil and Planning Director Matt Pielsticker)
5.3. Public Hearing: Resolution 23-10 Tract Y Subdivision Review and Approval (Planning Director
Matt Pielsticker)
5.4. Work Session: Review of Trees on Avon Road (Public Works Director Eva Wilson and Master
Gardener Jessie Sipkovsky)
5.5. Easement Agreement for Westgate Plaza (Public Works Director Eva Wilson)
6. MINUTES
6.1. Approval of May 9, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission May 16 Abstract (Planner 1+ Max Morgan)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. Year in Review Video (Marketing & Communications Manager Elizabeth Wood)
7.4. Food Truck Program Update (Special Events Coordinator Chelsea Van Winkle)
7.5. CC4CA Policy Update (Sustainability Coordinator Sarah Smith Hymes)
7.6. Construction Activity Report (Development Coordinator Emily Block)
7.7. Draft May 3rd Finance Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
7.8. Draft May 16th Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy
Carmichael)
** Indicates topic will be discussed at future agenda’s
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, MAY 23, 2023
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 SPECIAL EVENTS LIQUOR PERMIT
5.1. APPLICANT NAME: EDUCATION FOUNDATION OF EAGLE COUNTY
EVENT: EVENING OF STARS
DATE AND TIME: 6:00 PM – 9:00 PM ON JUNE 2, 2023
LOCATION: 1 LAKE STREET – HARRY A. NOTTINGHAM PARK/PAVILION
TYPE: SPECIAL EVENT PERMIT
MANAGER: TESSA KIRCHNER
6.APPROVAL OF THE MINUTES FROM JANUARY 24, 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
970-748-4001 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk
Miguel Jauregui C., Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Special Event Permit Application -
Evening of Stars
DATE: May 9, 2023
SUMMARY: Education Foundation of Eagle County, as the Applicant, is applying for malt, vinous,
spirituous liquor permit to serve/sell beverages at the Evening of Stars special event on June 2, 2023.
The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and
all materials are in order. Documents are on file in the Town Clerk’s office.
The Harry A. Nottingham Park/Pavilion premise has been posted with notice of the public hearing for this
application, and no public comments were received. The event manager will be present to answer any
questions about the application and the event. The Applicant has adequate proof of commercial liability
insurance that meets the Town’s requirements and has obtained any other permit needed for this event.
Background checks show no previous failure by the Applicant to comply with Special Event Permit laws
and fewer than 15 special event permits issued to the Applicant this calendar year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular
types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages
in connection with public events. Avon has adopted the local option whereby applications are made directly
to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no
required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for
denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that the
issuance would be injurious to the public welfare because of the nature of the special event, its location
within the community, or the failure of the applicant in a past special event to conduct the event in
compliance with applicable laws.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider a Special Events Permit application for the upcoming
Evening of Stars special event. A public hearing is required before final action is taken. Please note that
Education Foundation of Eagle County is acting as the Applicant for this permit.
Applicant Name: Education Foundation of Eagle County
Event Name: Evening of Stars
Event Date: June 2, 2023
6:00 p.m. – 9:00 p.m.
Location: Harry A. Nottingham Park and Pavilion
Event Manager: Tessa Kirchner
Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the Evening of Stars special event on June 2, 2023 from 6:00 p.m. to 9:00
p.m.”
Thank you, Brenda
SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Application for a Special Event Permit (State form DR 8439)
✓ Attachment B: Alcohol Management Plan
✓ Attachment C: Diagram where liquor will be served
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 24, 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, as well as in a virtual format, via Zoom.us. Chairwoman Amy Phillips called
the meeting to order at 5:00 p.m. A roll call was taken and Board members present were RJ Andrade, Rich
Carroll, Lindsay Hardy, Ruth Stanley, Chico Thuon, and Vice Chairwoman Tamra Underwood. Also present
were Planning Director Matt Pielsticker, Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager
Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Liquor
Authority Secretary Miguel Jauregui Casanueva, and Deputy Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:53
Board member Andrade moved to approve the Liquor Licensing Authority agenda as presented. Board
member Carroll seconded the motion and the motion passed with a vote of 7 to 0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:05
No conflicts of interest were disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:14
Chairwoman Phillips asked for public comments by anyone present in person or virtually. No public comments
were made.
5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT
Video Start Time: 00:01:32
5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT: DRINKERING & TINKERING
DATE AND TIME: 7:00 P.M. – 8:30 P.M. ON FEBRUARY 23, APRIL 20, JUNE 15, AUGUST 17, OCTOBER 12, AND
DECEMBER 14, 2023
LOCATION: 318 WALKING MOUNTAINS LANE
TYPE: SPECIAL EVENT PERMIT
MANAGER: SCOTT DUNN
Scott Dunn, Community Programs Manager for Walking Mountains Science Center, presented the application
and mentioned they started this waste reduction education program last year and it was such a success, so
they want to continue it this year. Board member Hardy asked him for an example of “upcycling.” He explained
they work with a variety of materials, and this year the programs they will offer include outdoor gears,
climbing rope rugs, zero-waste cooking, and construction materials for homeowners. Vice Chairwoman
Underwood asked about the management plan. He explained they will be using the ticketing system and that
this is an indoor workshop.
Chairwoman Phillips called for public comments and no public comments were made.
The applicant met the requirements of the public hearing posting, the insurance requirements, event manager
background checks, and alcohol management plan, as part of the special event permit checklist.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 24, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 2
Board member Hardy moved to approve the Special Events Permit application for Walking Mountain Science
Center for their Drinkering & Tinkering special event on February 23, April 20, June 15, August 17, October 12,
and December 14, 2023, from 7:00 p.m. to 8:30 p.m. Board member Stanley seconded the motion and the
motion passed with a vote of 7 to 0.
6. PUBLIC HEARING FOR REPORT OF CHANGES -MODIFICATION OF PREMISES
Video Start Time: 00:05:10
6.1. APPLICANT NAME: DILLON COMPANIES LLC D/B/A CITY MARKET #26
LOCATION: 0072 BEAVER CREEK PLACE
TYPE: FERMENTED MALT BEVERAGE OFF PREMISES (CITY)
MANAGER: PAVEL PAVLOV
Adam Stapen joined via Zoom to represent the applicant. Board member Thuon asked about the display
location and Vice Chairwoman Underwood asked about Proposition 125, allowing to also sell wine starting
March 1, 2023. Town Attorney Karl Hanlon briefly explained that the State will automatically convert FMB
licenses to FMB and wine without any required action from the Local Liquor Authority. Board member
Andrade expressed his concern about the location of this display and its proximity to the doors. Board member
Thuon echoed this concern. Teresita Dietz joined virtually and responded that cameras will be in place to
monitor that area.
Chairwoman Phillips called for public comments and no public comments were made.
Board member Carroll moved to approve the Permanent Modification of Premises application made by Dillon
Companies LLC, d/b/a/ City Market #26. Vice Chairwoman Underwood seconded the motion and the motion
passed with a vote of 7 to 0.
7. APPROVAL OF THE MINUTES FROM OCTOBER 11, 2022 MEETING
Video Start Time: 00:14:14
Chairwoman Philips clarified that only members that were on attendance that meeting should vote on this
item.
Vice Chairwoman Underwood moved to approve the liquor license meeting minutes for Tuesday, October 11,
2022 as presented. Board member Hardy seconded the motion and the motion passed with a vote of 5 to 0.
Board members Carroll and Stanley abstained.
8. WRITTEN REPORT
8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
9. ADJOURNMENT
The Avon Liquor Authority meeting adjourned at 5:15 p.m.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 24, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 3
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
Chico Thuon
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
Miguel Jauregui Casanueva, Liquor Licensing Authority Secretary
Date: May 9, 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 January 24, 2023, the Town has received 10 Renewal, 2 Report of Changes, and 1 Special Event
Permit applications that have met all the requirements for administrative review and approval and were
ultimately approved by the Deputy Town Clerk. No comments, complaints, or request for hearings were
received. They are as follows:
Renewals:
Applicant: Vail Country Club LLC d/b/a Vail CC
Location: 240 Chapel Place Unit B126
Type: Tavern (City)
Manager: Kenny Thayer
Applicant: Eagle River Liquors, Inc. d/b/a Eagle River Liquors
Location: 1060 West Beaver Creek Boulevard, Units 101 & 102
Type: Liquor Store (City)
Manager: Clayton Williams
Applicant: Sauce on the Creek, LLC d/b/a Sauce on the Creek
Location: 0101 Fawcett Road #100
Type: Hotel & Restaurant (City)
Manager: Deborah Applegate
Applicant: Southside Benderz LLC d/b/a Southside Benderz
Location: 182 Avon Road #208
Type: Hotel and Restaurant
Manager: Noah Bender
(970) 748-4022 btorres@avon.org
Applicant: Vistana Colorado Management INC d/b/a Sheraton Mountain Vista
Location: 160 Beaver Creek West
Type: Hotel & Restaurant (City)
Manager: Jesse Larson
Applicant: China Garden Inc d/b/a China Garden
Location: 100 W Beaver Creek Blvd #507B
Type: Hotel & Restaurant
Manager: Sharon Mou
Applicant: Vail Country Club LLC d/b/a Vail CC
Location: 240 Chapel Place Unit B126
Type: Tavern (City)
Manager: Kenny Thayer
Applicant: Fancy Pansy LLC d/b/a Fancy Pansy
Location: 51 Beaver Creek Place Unit #2
Type: Beer & Wine (City)
Manager: Frankie Lynn Sheridan
Applicant: Pho 20 LLC d/b/a Pho 20
Location: 47 Beaver Creek Blvd Unit C13 & C14
Type: Hotel & Restaurant (City)
Manager: Cong Hoang
Applicant: D & D Inc. d/b/a Pho Bay
Location: 101 Fawcett Road #180 & #185, LCE #112
Type: Hotel & Restaurant (City)
Manager: Denny Duong
Renewal and Registration of New Manager:
Applicant: Town of Avon d/b/a Town of Avon
Location: 100 Mikaela Way / 1 Lake Street
Type: Optional Premise
Manager: Danita Dempsey and Chelsea Van Winkle
Applicant: Walmart INC d/b/a Walmart
Location: 171 Yoder Avenue
Type: Fermented Malt Beverage and Wine (City)
Manager: Sigrid Escalante
(970) 748-4022 btorres@avon.org
Special Event Permit:
Applicant: Can Do MS
Event: Ultimate Apres Avon 2023
Dates: April 1, 2023 1:00 p.m. - 6:00 p.m.
Location: 1 Lake Street/Nottingham Park Pavilion
Manager of Event: Lisa Mattis
970-748-4083 clin@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Charlotte Lin, Sustainability Coordinator
RE: Resolution 23-09: Supporting the USDA Composting and Food
Waste Reduction (CFWR) Pilot Program Grant Application
DATE: May 16, 2023
SUMMARY: The purpose of Resolution 23-09 (ATTACHMENT A) is to seek support from the Avon Town
Council for the USDA Composting and Food Waste Reduction (CFWR) Pilot Program grant application.
The Town of Avon and Town of Vail aim to secure up to $400,000 in grant funding to launch a two-year
regional commercial composting pilot program (ATTACHMENT B). The program aims to (1) divert organic
waste from local restaurants, (2) generate high-quality compost, (3) reduce greenhouse gas emissions, (4)
promote an environmentally sustainable regional economy, and (5) contribute to the Eagle County’s
Climate Action Plan goal of diverting 80% of organic materials currently sent to landfills by 2030. By
addressing the largest source of waste in the area, the Avon-Vail Commercial Composting Pilot Program
will not only alleviate landfill overfilling concerns and reduce methane emissions but also promote job
creation, sustainable tourism, and public awareness of composting practices and benefits.
BACKGROUND: Organic waste diversion is currently a top priority in the Eagle County Climate Action
Plan. The Town of Avon can increase our own composting effort in order to meet the high priority Climate
Action Plan objective of diverting 80% of organic waste from the Landfill by 2030. The 2017 Northwest
Colorado Waste Diversion Study (FIGURE 1) revealed that food waste constitutes the largest source of
inbound waste at the Eagle County Landfill, posing a threat to long-term landfill capacity and contributing to
greenhouse gas emissions, particularly methane. According to the US Environmental Protection Agency
(“EPA”), methane is more than 25 times as potent as carbon dioxide at trapping heat in the atmosphere.
Figure 1.
Other than methane reduction, the EPA also notes the following benefits of composting:
• Improving soil quality: Compost is a valuable soil amendment that can improve soil structure,
water-holding capacity, and nutrient content. Using compost in agriculture and landscaping can
help reduce the need for synthetic fertilizers and pesticides and can support healthy plant growth.
Page 2 of 3
• Reducing erosion and nutrient runoff: Compost can help reduce erosion by improving soil structure
and increasing soil organic matter content. It can also help reduce nutrient runoff and pollution by
improving soil water-holding capacity and reducing the need for chemical fertilizers.
• Offering economic benefits such as reducing waste disposal costs and creating jobs in the
composting and related industries.
• Offering social benefits such as educating communities about waste reduction and promoting
sustainable practices.
The purpose of the USDA CFWR program is to enter into cooperative agreements with eligible entities to
develop and test strategies for planning and implementing municipal compost plans and food waste
reduction plans. The USDA CFWR funds planning and implementation activities that will:
• Generate compost,
• Increase access to compost,
• Reduce reliance on fertilizer,
• Improve soil quality,
• Encourage waste management business development,
• Increase rainwater absorption,
• Reduce municipal food waste,
• Divert food waste from landfills.
ANALYSIS:
The Avon-Vail Commercial Composting Program fulfills many of the objectives of the USDA CFWR
program described above. By launching a two-year regional commercial composting pilot program, the
towns of Avon and Vail aim to tackle the pressing issue of diverting our restaurants’ food waste. The
program's objective is to establish a long-term partnership between town staff, local restaurants, and waste
haulers, focusing on diverting organic waste, creating high-quality compost, and reducing greenhouse gas
emissions. The proposed pilot project intends to engage local hauling vendors and utilize the local
composting infrastructure. Additionally, the program will provide ongoing training and education for
restaurant staff, as well as launch promotional and marketing campaigns to raise awareness and
encourage participation.
Through the Avon-Vail Commercial Composting Pilot Program, the towns aim to not only reduce landfill
methane concerns, alleviate environmental burdens on underserved communities near the Eagle County
Landfill, and promote waste hauler and restaurant business development, but also foster the growth of
sustainable tourism and leverage related sustainability investments. Ultimately, Avon and Vail, as leaders in
the mountain tourism industry, are eager to collaborate with local stakeholders and sustainability
organizations to achieve positive climate and economic outcomes.
FINANCIAL CONSIDERATIONS: The Avon-Vail Commercial Composting Pilot Program is requesting the
amount of $400K with a matching contribution of 25% contributed by Avon and Vail. A detailed budget has
been created and is currently being reviewed by staff at both Avon and Vail, as well as our grant consultant,
Sustainable Strategies. The project team will be evaluating the pilot program implementation in an effort to
begin developing the components necessary to keep the program sustainable in the future.
Page 3 of 3
RECOMMENDATION: I recommend that Council passes Resolution 23-09 to support the USDA CFWR
Pilot Program grant application.
PROPOSED MOTION: “I move to approve Resolution 23-09, authorizing and supporting a grant application
to the United States Department of Agriculture for the Composting and Food Waste Reduction Pilot
Program.
Thank you, Charlotte
ATTACHMENT A: Resolution 23-09 Authorizing and supporting a grant application to the United States
Department of Agriculture (USDA) for the composting and food waste reduction pilot program (CFWR)
ATTACHMENT B: Avon-Vail Commercial Composting Pilot Program briefing sheet
Resolution No. 23-09 May, 23 2023 Page 1 of 2
RESOLUTION 23-09
AUTHORIZING AND SUPPORTING A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) FOR THE COMPOSTING AND FOOD WASTE REDUCTION PILOT PROGRAM (CFWR)
WHEREAS, the Town of Avon (“Town”) is a political subdivision of the State of Colorado, and
therefore an eligible applicant for a grant awarded by the United States Department of
Agriculture; and
WHEREAS, the Avon Town Council supports the submittal of an application for a Compost and Food Waste Reduction Pilot Program (CFWR) grant from the United States Department of Agriculture for the launching and establishment of the Avon-Vail Commercial Composting Pilot
Program; and
WHEREAS, the purpose of the Avon-Vail Commercial Composting Pilot Program is to divert organic waste from local restaurants, generate high-quality compost, reduce greenhouse gas emissions, promote an environmentally sustainable regional economy, and contribute to the Eagle County’s Climate Action Plan goal of diverting 80% of organic materials currently sent
to landfills by 2030; and
WHEREAS, the Avon-Vail Commercial Composting Pilot Program's purpose is to meet objectives outlined by the CFWR program to enter into cooperative agreements with eligible entities to develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans; and
WHEREAS, the proposed pilot project intends to engage local hauling vendors and utilize the
local composting infrastructure, provide ongoing training and education for restaurant staff, as well as launch promotional and marketing campaigns to raise awareness and encourage participation in composting in the region; and
WHEREAS, the Town of Avon is requesting $400,000 from the USDA for the Compost and
Food Reduction Pilot Program with an additional 25% matching monies to fund the Avon-Vail
Commercial Composting Pilot Program; and
WHEREAS, the Avon Town Council finds the Avon-Vail Commercial Composting Pilot Program will promote the health, safety and general welfare of the Avon community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby as follows:
Section 1. The above recitals are hereby incorporated as findings by the Town.
Attachment A
Resolution No. 23-09 May, 23 2023 Page 2 of 2
Section 2: The Avon Town Council strongly supports the application for a grant with the United States Department of Agriculture and strongly supports the fulfillment of
the project.
Section 3: If the grant is awarded, the Avon Town Council hereby authorizes the Mayor or Mayor Pro Tem to sign the grant agreement with the United States Department of Agriculture.
Section 4: If the grant is awarded, the Avon Town Council authorizes the expenditure of funds necessary to meet the terms and obligations of the grant agreement, including the local match requirement.
Section 5: This resolution to be in full force and effect from and after its passage and
approval.
ADOPTED May 23, 2023 by the AVON TOWN COUNCIL
By: Attest:___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
Page 1
5/18/2023
Avon-Vail Commercial Composting Pilot Program Colorado mountain resort communities’ partner to launch a regional composting initiative.
The Town of Avon and Vail, jointly seek up to $400,000 in
USDA Compost and Food Waste Reduction Pilot Program
(CFWR) grant funding with a 25% match, to launch a two-
year regional commercial composting pilot program. With
USDA funding assistance, Avon-Vail will establish a long-
term partnership among town staff, area restaurants, and
local waste haulers to divert organic waste, generate high-
quality compost for local use, reduce GHG emissions, and
continue to promote an environmentally sustainable
regional economy. The towns will launch a joint
composting project that will expand local composting
infrastructure and capacity with the goal of reducing
greenhouse gas emissions by 2177.85 tons a year. The
pilot project will engage local hauling vendor/s and utilize
an existing regional composting site. The program will also
fund ongoing training and education for the staff of participating restaurants. There are over 150 restaurants located in
Avon and Vail which serve the region’s 2+ million visitors and 60k residents. The projected pilot project participation is
estimated to be half of the restaurants.
The scope of the pilot project includes:
Launch composting services for restaurants located in Avon and Vail.
Purchase and distribute composting supplies to participating restaurants.
Launch education and training program for restaurant personnel.
Launch promotional and marketing program for participants.
Monitor and collect data from the implementation of the program.
Avon and Vail’s Climate Action Plan includes a priority action of diverting 80% of organic materials currently landfilled
by 2030. The region currently lacks an affordable industrial composting operation to pick up and compost organic waste
from its 150+ restaurants that serve the region’s 2+ million visitors and 60k residents. As a result, organic waste that
could otherwise be easily composted is landfilled, threatening long-term landfill capacity, and driving anthropogenic
climate change through methane and other greenhouse gas emissions.
The 2017 Northwest Colorado Waste Diversion Study revealed that food waste (30.1%) is by far the largest source of
inbound waste at the Eagle County Landfill. In addition to the lack of composting infrastructure, a lack of knowledge
about food waste diversion techniques among commercial food producers, as well as concentrated costs and diffuse
benefits, hinder composting participation. Establishing the restaurant composting program would help Avon and Vail
to tackle the biggest source of waste in Eagle County, thereby contributing significantly to the 80% organic waste
diversion goal.
The Avon-Vail Commercial Composting Pilot Program addresses a comprehensive infrastructure, education, and
marketing initiative that enables regional partners to build a self-sustaining local composting system. The project will
leverage other sustainability efforts already underway to further amplify the positive impacts of regional composting.
Vail is a certified sustainable mountain resort destination as recognized by the Global Sustainable Tourism Council
Attachment B
Page 2
5/18/2023
(GSTC). The accredited sustainable destination program sets forth global standards for sustainable travel and tourism
and is offered to those who value stewardship of their communities. Avon enacted a ban on plastic grocery bags to
reduce landfill waste, passed a new universal recycling ordinance going into effect November 2023, and is overhauling
its municipal irrigation system to reduce water consumption and reliance on artificial fertilizers.
Benefits of the project include boosting organic waste diversion, alleviating landfill overfilling concerns, reducing
methane emissions, reducing waste hauling transportation emissions, reducing environmental burdens on underserved
communities living near the Eagle County Landfill, promoting waste hauler and restaurant business development,
fostering the growth of sustainable tourism, promoting public awareness of composting practices and benefits,
supporting job creation at the Avon recycling center, and leveraging related sustainability investments.
As leaders in the mountain tourism industry, Avon and Vail look forward to partnering with local restaurants, businesses
associations, waste haulers, and sustainability organizations to boost climate and economic outcomes.
For more information, please contact Charlotte Lin, Sustainability Coordinator at the Town of Avon, at 970-748-4083 or clin@avon.org.
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Water Service Allocations and Policy
DATE: May 19, 2023
SUMMARY: This report addresses the total Single Family Equivalent (“SFEs”) available to serve the Town
of Avon in accordance with the water service guarantees in the water lease agreements with the Upper
Eagle Regional Water Authority (“Authority”). Several Community Housing projects will exceed the total
estimated SFEs needed to serve existing zoning. This report provides an update and recommendation on
policy direction on SFE service guarantees from the Authority.
CURRENT STATUS: Matt Pielsticker, Avon Planning Director, and Micah Schuette, P.E., have spent over
a year reviewing each parcel and each water tap connection in the Town of Avon to determine current SFE
service and estimated future SFEs required to serve existing zoning. The calculation below does NOT
include the Village (at Avon). The Village (at Avon) has independent water conveyances which are
calculated to serve the development entitlements in the 1998 Annexation and Development Agreement.
Avon
General
Mountain
Star
Wildridge TOTAL
Current SFEs Served by Authority 2,857.5 185.6 782.5 3,821.6
Additional Estimated SFEs to Serve
Current Zoning
1,114 136.11 149.86 1,447.17
Projected Total SFEs 3,971.5 321.71 932.36 5,225.57
Authority SFE Service Guarantee 5,282.45
SFEs in Excess of Estimate to Serve
Zoning
56.88
The current calculation demonstrates that the Town of Avon has less than 60 SFEs in excess of the
amount necessary to serve existing development and estimated future potential development based on
current zoning. Any new development which is not part of the estimate to serve current zoning will require
either (1) purchase of additional SFEs or (2) adjustment in zoning or SFE availability to allow additional
SFEs to be used for new projects.
PROJECTS REQUIRING ADDITIONAL SFEs: Current projects requiring additional SFEs are exclusively
Community Housing projects. They include the following projects:
Project Residential Units
Tract Y (53 units – 6 existing SFEs) 47.2
Lot 5 Apartments 60
Planning Area E Housing (Early
Childhood Education)
24
East Avon Preserve (Estimated) 120
TOTAL 251.2
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VILLAGE (AT AVON): Two housing projects are in the Village (at Avon) and are not included in the
current entitlements. The Village (at Avon) has a complex Annexation and Development Agreement and
Planned Unit Development Guide which is very specific on the total number of entitled residential units
(2,400) and total commercial square footage development (750,000 sq.ft.), the water rights conveyance to
serve those units, and vested rights to develop the property in accordance with entitlements which does not
expire until 2039. Lot 5 (the parcel adjacent to Home Depot which includes the regional recycling center)
was contemplated for a public works site and did not contemplate housing. Planning Area E was dedicated
for education purposes and did not contemplate housing to be included with this development. All projects
in the Village (at Avon) require approval by the Village (at Avon) Design Review Board and the Town would
not be able to get approval for these projects if they were presented use portions of the development
entitlement and water to serve for those properties.
COMMUNITY HOUSING AND WATER PLANNING: Avon staff and our regional partners have given
greater attention over the last year to potential workforce housing projects and water planning to serve
potential projects. The Town of Avon organized and administered a Regional Land Inventory planning
project for potential housing in 2021. Staff is preparing a proposal for a Regional Housing Action Plan that
would focus on the Vail to Edwards/Wolcott area, that is, the area served by the Authority and Eagle River
Water and Sanitation District. Staff is working on an application to the Department of Local Affairs for grant
funding which may be able to cover 90% of the cost of this planning effort. The grant cycle will open at the
end of June and award decisions are anticipated in October.
SFE SERVICE GUARANTEES: The Town’s water lease agreements with the Authority include the total
SFE service guarantee. The lease agreement dates back to the late 1990s when Town of Avon
abandoned the Avon Metro District and joined the Authority. This lease agreement has been amended four
times since the original lease agreement to increase the SFE service guarantee as new projects have been
added to Town (Westin/Riverfront, Basecamp, Brookside use change to residential, and Frontgate).
AVAILABLE WATER SUPPLIES: The Authority currently has limited available additional water supplies.
By the Authority’s calculation, there is no more water to allocate from its own portfolio. The Authority has
entered into an Option Agreement with the Eagle River Water and Sanitation District whereby the ERWSD
agreed to provide 25 acre feet
REQUESTED DIRECTION:
#1 – I am requesting direction from Council to proceed to request additional SFEs service guarantees and
an amendment to the water lease agreement with the Authority in order to serve these housing projects.
#2 – I am requesting direction to review Avon’s existing estimates of SFEs to serve current zoning and
explore potential policies that may allocate or prioritize a portion of the remaining available SFEs to
Community Housing.
Thank you, Eric
970-748-4023 jskinner@avon.org
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TO: Honorable Mayor Amy Phillips and Council Members
FROM: Jena Skinner, AICP, Senior Planner
RE: SUB23001 Subdivision Preliminary Plan & Plat
MJR23001 Major Development Plan - PUBLIC HEARING
DATE: May 17, 2023
PROJECT TYPE: Subdivision Preliminary Plan and Plat; Major Development Plan; and
Development Bonus
PUBLIC HEARING: Required
LEGAL DESCRIPTION: Mountain Star Fil 3, Tract Y
ADDRESS: 0382 Metcalf Rd.
ZONING: Light Industrial & Commercial (IC) Using Community Housing
STAFF RECOMMENDATION: Staff recommends that Town Council review this application carefully at the
first hearing, and to continue this application to June 13, 2023, as there are certain documents that have
not been fully examined by the Attorney and Engineering staff. If however, Town Council wishes to
proceed in rending a decision supporting this application May 23, 2023, a Resolution capturing this project
has been prepared and is attached to this Report.
STAFF REPORT OVERVIEW: This staff report contains an application (“Application”) for consideration by
the Avon Town Council (“TC”) comprised of a Subdivision Preliminary Plan & Plat (“SUB”). Associated with
this application was a Major Development Plan (“MJR”), which the Planning and Zoning Commission (“PZC”)
unanimously approved on May 16, 2023. As the MJR application was not for a property located within the
Town Center, this application is not subject to review by TC, and therefore, this element is not being reviewed
within this report. The MJR was for the Design Review aspect for the proposed 53-unit, community housing
development named “Hidden Valley Estates”. Comprised of duplex and townhome units, this project will
employ deed restrictions to ensure all units are available for full-time residents only.
Bobby Ladd (“Applicant”) and project architect is representing Steve MacDonald (“Owner”) and
development partner, Hidden Valley Development, LLC (Sean A. Reynolds). As part of this application, the
Applicant is also pursuing a Development Bonus (“DB”), which will be evaluated by the Town Council as
this project moves forward. The DB will be necessary to alleviate setbacks, needed to achieve the
maximized, compact design that is proposed on a topographically challenged parcel. Construction of the
project will be phased.
Prior to this application, the development partners for Hidden Valley Estates approached the TC in 2021,
requesting a waiver of taxes and fees for this project. During these discussions with TC, a “pledge” of
funds in the amount of 12% or $100,000 per residence, whichever is less, for home purchasers (not
employers purchasing for employees), was also considered, and approved, with funds allocated towards a
limited number of units. The deed restrictions to be applied will be Mi Casa Avon program deeds, which
requires a minimum of 3-years of fulltime occupancy prior to any occupancy changes, by the primary
resident. This agreement will be captured as part of the development agreement.
BACKGROUND: During the planning and approval process of the Mountain Star PUD, the Mountain Star
Limited Liability Company initiated a land exchange with the United States Forest Service (USFS). A PUD
amendment was approved by the Town in 1994 resulting in the incorporation of 612 of the 619 acres into
the Mountain Star PUD. The remaining 7 acres, labeled as Tract Y, was earmarked for a public works site
and excluded from the Mountain Star PUD. Tract Y retained the Open Space, Landscaping and Drainage
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(OLD) zoning designation until 1996 when the Town approved Ordinance 96-11. This ordinance rezoned
the property from OLD to the Industrial Commercial (IC) zone district. Tract Y was created in 1997 as part
of the Mountainstar Filing 3 subdivision. It has been zoned Industrial/Commercial since the creation of the
parcel. The Town, in 2019, amended the Avon Municipal Code to permit “Community Housing” as a
permitted use within all zone districts. In IC zone district the density for Community Housing was set at 10
DU/Acre. Additionally, several additions to Tile 3 centered around this use were also accomplished in the
same year allowing for developer incentives like certain tax credits for building materials and transfer tax
relief. “Community Housing” is defined as:
Community Housing means residential housing which is subject to a deed restriction that limits use to
long-term residential use as a primary residence by qualified persons and which deed restriction may
impose other restrictions and limitations and may include terms deemed appropriate in the Council's
sole discretion, including but not limited to controls on the resale price of such residential property, and
which deed restriction is enforceable by the Town.
In 2020, Tract Y came in for an Amended Final Plat in preparation of the creation for a “Luxury Storage
Facility.” This project never went forward, and the plat expired due to failure to finalize and record this
document.
DEVELOPMENT BONUS: As part of this infill development, it will be necessary for the applicants to
maximize the linear site to the greatest extent possible for this project to pencil out. While largely in
compliance with the AMC standards of design and development, two (2) elements will need to flex to make
this project work: encroachment into setbacks for the master layout/internal lot layout (see page 14 for
setback tables). The Development Bonus will be evaluated, and action taken by the Town Council in
addition to the MJR and SUB. Should the Town Council support the requested Development Bonus, the
approval will be memorialized through a Record of Decision.
PZC REVIEW: The proposed Subdivision Preliminary Plan and Final Plat application was examined by
PZC on May 16, 2023. The PZC was generally in favor of the layout and design of the projects; however,
wished to convey to the Town Council their concerns for the proximity of proposed Lot A1 in relation to the
100-year floodplain and the Metcalf ditch, as well as its proximity to Metcalf Road. They felt that not having
the 25’ setback from the “master” property line parallel to Metcalf Road was concerning in case another
significant flooding event occurs in the future that may affect this project (please see Staff Report section
“Development Bonus” for more discussion regarding setbacks).
An additional concern of the PZC reflects the existing and future pedestrian conditions and a lack of public
transit service in this area of Avon. They felt that it would be appropriate for Staff and the applicant to
continue discussing a possible public transit stop adjacent to the site and off-site pedestrian connections to
Nottingham Road. At this time, Staff does not have a direct plan to extend transit to this area, nor is there
any pedestrian connections or improvements slated for Metcalf road (please see Staff Report section
“Planning Analysis” for more discussion regarding pedestrian and public transit improvements).
The PZC unanimously approved the associated Major Development Plan (MJR23001) review that included
design analysis of building materials, the landscaping plan, building heights, lighting and layout of the
subdivision. Staff has attached design plans to this report for Councils convenience in understanding the
complete package of what is being requested with this application.
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PROPERTY DESCRIPTION: The subject property is one
of the few vacant lots for development along or off Metcalf
Road and was originally part of the Mountainstar PUD.
While some development activity occurred on the property
in 2020/2021 through a proposed subdivision and
Amended Final Plat, the plat was never recorded and has
since expired, and the site has remained vacant. Initially
intended for Industrial Commercial development (hence
the zoning), the site’s topography does not lend itself to
intense development and is less compatible with the
neighboring open space values surrounding this parcel.
Community Housing on the site is also a more marketable
use that responds to the current housing demand within
the Town of Avon.
The site itself is very topographically challenged, with
slopes up to 40%+. Areas of slopes of 40%+ are
classified as non-developable and will be preserved as
Open Space (see image, next page). This property is
vegetated largely with sagebrush and grasses.
According to the applicants:
The developable area contained within the Site Disturbance Envelope to be platted is moderately
sloped. The 53 dwelling units proposed in this area are grouped into small buildings of 2 or 3 units to
allow for flexibility in the unit locations and general stepping to allow the buildings to work with the
exiting contours. The individual design of the buildings is modified where necessary to create a unique
solution to each building siting to further minimize grading and disturbance around the property and to
Property Address:
0382 Metcalf Road.
Property Zoning:
Light Industrial
Commercial (“IC”)
Property Size:
7.23 AC
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create a natural feel for the structures in how they engage the topography and terrain. The separation
of the structures also allows opportunity to maximize solar orientation and view orientation. The
separation of the buildings creates units with multiple exterior walls for more light and ventilation inside
the units and for greater outdoor living opportunities.
A large portion of the developable area is located along Metcalf Road. Clusters of buildings are aligned
along Metcalf in this area to address and relate to the Roadway contributing to the streetscape.
The layout of the subdivision follows the natural drainage from the north, curving south and then towards
the west around a tract reserved for open space (see image, next page). Many of the proposed residences
act as retaining walls that harmonize with the proposed drainage plans. Home designs purposefully work
with the topography by stepping down the grade on each lot to reduce the need for significant overlot
grading. Along the western boundary shared with Metcalf Road lies the existing Metcalf Ditch, to which the
drainage for the property will eventually discharge. The ditch separates Metcalf Road from Tract Y. A new
driveway and culvert will be necessary to connect this property to the roadway.
PROCESS: Subdivision applications, Plats, and (residential) Major Development Review applications are
reviewed by Planning and Zoning Commission and Town Council; however, the Major Development Plan
as previously mentioned, is not subject to review by Town Council. For this project, Town Council will also
evaluate the Development Bonus request, which is necessary to support the proposed project layout. The
Development Bonus request will be captured as a Record of Decision, should the Town Council support the
request and proposed applications for the Preliminary Plan and Final Plat.
Slope
Analysis
Map
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PUBLIC NOTIFICATION & COMMENTS:
Notice of the public hearing was published in the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon
Development Code (ADC). Mailed notice was also sent pursuant to this section.
PLANNING ANALYSIS
SUBDIVISION PRELIMINARY PLAN CRITERIA: § 7.16.070(e), Preliminary Plan
1. The proposed subdivision shall comply with all applicable use, density, development and design
standards set forth in this Development Code that have not otherwise been modified or waived
pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets.
Applicants shall not create lots or patterns of lots in the subdivision that will make compliance
with such development and design standards difficult or infeasible;
Staff Response: The proposed subdivision generally complies with use, density and applicable design
standards. The Light Industrial Commercial (IC) zoning and Table of Allowed Uses permits Community
Housing and several other heavy commercial uses; however, no commercial uses are proposed. This
is strictly a residential use.
With development standards, the goal of the project will be to minimize light pollution, roadways, and
drainage/storm water catchments to maximize the residential aspects of this new subdivision. For
instance, the roadway will also double as a spillover stormwater and debris flow channel from the north
end of site to the Metcalf ditch, in lieu of a major improvements like significant retailing walls, grading, or
large areas reserved for drainage (e.g., catch basin). Note, there is a wastewater system to handle
normal drainage needs as well. The central landscaping area (pocket park) will also be used as part of
the stormwater system as well. By doubling up these features to handle more than what is typical, it will
allow the project to maximize the developable area for much-needed housing.
The streets will be privately owned and maintained. Instead of providing attached or detached sidewalks
within the development, the applicants have offered an internal pedestrian trail that skirts the non-
developable area/hillside on the west side, with an area dedicated to pedestrians at the entrance that
connects the subdivision to the Metcalf Rd. bicycle (climbing) lane that runs parallel to this property.
Pursuant to the Mobility and Connectivity code requirements, typically “connection” to public
transportation would be part of this project. As there is no bus service running up to Wildridge currently,
nor is there a plan for bus stop locations along Metcalf at this time, no accommodation for this service is
being required of the applicants.
Given that there may be an influx of potentially upwards of 150+ people living in Hidden Valley, it may
be an appropriate time to consider extending public transit into this area. Further, the bike path was
created as a climbing lane for bicyclists heading up towards Wildridge (see image above, highlighting
the existing directional arrows for bike travel painted on this pathway). The extended road shoulder was
not intended to be used for multi-users (pedestrians and bicyclists) who are traveling in opposite
directions. Knowing that this development is less than a half a mile to the actual Avon trail that starts at
the Metcalf intersection, re-evaluation of how this trail is managed should be evaluated by the Town as
this development moves forward, to avoid any potential (future) conflicts. Additionally, there will most
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING 5/16/2023
TOWN COUNCIL
PUBLIC HEARING 5/23/2023
TOWN COUNCIL RESOLUTION RECORD OF DECISION
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likely be more bike and pedestrian movements at the main intersection that may also necessitate
improvements like flashing crosswalk signs, etc.
Generally speaking, this subdivision design generally meets the intention of this finding, where what is
being proposed is feasible, with no major hurdles or deviations to the Avon Municipal Code being
warranted. Please note that the PZC added a condition (8.) that reflects their concern for future
pedestrian improvements/connections and the potential for extended public transit services.
Intersection at Metcalf In Front of Subject Property
2. The subdivision application shall comply with the purposes of this Development Code;
Staff Response: The application generally complies with the applicable purposes outlined in the
Development Code. In particular, the following purpose statements reflect this project:
• Minimize the risk of damage and injury to people, structures and public infrastructure created by
wildfire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards
This project has assessed the potential risk factors for this site including wildfire, debris flows,
significant storm events, and similar. All mitigation factors have been infused into the proposed
design.
• Promote architectural design which is compatible, functional, practical and complimentary checking
to Avon's sub-alpine environment.
The project architect is extremely proficient and experienced in designing residential homes in
Avon. Please see attached design templates.
• 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.
While not the first project to utilize the Community Housing use (Evans Chaffee converted office
to nine (9) rental Deed Restricted units at 77 Metcalf after IC was amended 2019/2020), Hidden
Valley Estates will be the first complete, Community Housing subdivision for Avon. Having all 53
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units be reserved for full-time employees and residents of Avon or Eagle County is significant. All
units will be restricted with deed restrictions.
• Promote the health, safety, and welfare of the Avon community.
Creating quality housing for Avon’s community directly promotes and preserves the sustainability
of Avon for both residents and guests.
3. The subdivision application shall be consistent with the Avon Comprehensive Plan and other
community planning documents;
Staff Response: In reviewing the compatibility of this project with the Avon Comprehensive Plan, Staff
finds that Hidden Valley Estates generally aligns with most of the cited “Avon Values,” policies, and
guiding principles. More specifically, the following statements reflect the intentions of the proposed
development when considering location, design, and aesthetics; as a deed-restricted Community
Housing development:
• Respect the Natural Environment. Enhance Avon’s strong connections to its spectacular scenery,
magnificent natural surroundings, and ample outdoor recreational opportunities.
• Have a Distinctive Built Form. Develop a hierarchy of built forms that reflects the importance of the
Town Center in the community. High quality design and finishes will exist throughout the
community.
• Enhance the Sense of Place and Character. Create a developed community made up of smaller
residential neighborhoods and a thriving Town Center that collectively provide a unique sense of
place and charm enjoyed by year-round residents and visitors alike.
• Foster Attainable Housing. Adopt and implement housing policies that address housing gaps and
support the creation of new housing opportunities. A diverse year-round community is fundamental
to Town’s character and economic viability.
• Promote Diversity. Strengthen a total environment that is supportive of and attainable to a diverse
community. The community is the sum of its parts, and a healthy and vibrant community must
welcome and encompass people with a wide range of backgrounds, interests, vocations, family
status, and economic means.
These elements help in achieving the vision of this Plan.
Future Land Use and Planning Area
The Avon Comprehensive Plan’s Future Land Use Map designates the property with Light Industrial
Commercial (IC) and captures this area as part of District 6: Gulch Area District. It is the latter District
Area, rather than the future land use designation, which is most applicable to this proposed development.
District 6 begins by describing this area as, “…located in runoff areas perpendicular to the Eagle River
valley. It includes the Town’s only industrial center, dense residential development, the Public Works
and Transportation Department facilities, a medical facility, and the Joint Public Safety building. These
uses provide an important component to Avon’s overall economic health.”
This introduction goes further to state that, “Existing uses on Nottingham and Metcalf Roads are intensely
developed with large buildings and need improved landscaping, access, and screening. The Town
should work towards improved traffic safety and aesthetics. Live / work development
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opportunities in the Light Industrial and Commercial zone district that do not possess significant
conflicts with surrounding land uses should be encouraged.
Under Planning Principles, the following statements are also relevant to this development:
• Development and redevelopment that occurs here should reflect the standards in Town Center, but
should not compete with Town Center in terms of size of buildings or intensity of development.
• Encourage sidewalks and pedestrian connections.
• Limit auto access points to simplify traffic movements.
• Minimize significant re-grading and provide proper on-site parking and access.
• Accommodate residential development that supports primary industrial or employment land uses.
• Improve the intersection of Metcalf and Nottingham Roads to enhance the entry to Wildridge and
provide more direct access from Town Center to Wildridge.
The addition of a potential 150 fulltime/permanent residents in Hidden Valley Estates provides
opportunities for the Town to further promote transportation in this area. Further, as listed above, the
Comprehensive Plan recommends the improvement of the Metcalf/Nottingham intersection. With
additional bike and pedestrian activity in this area, looking forward and planning for these improvements
at the onset of a new development is advantageous.
Policies of the Avon Comprehensive Plan
The following are applicable sections of the Avon Comprehensive plan that relate to this project:
Policy A.2.2: Encourage cluster style development in areas of less density to promote environmentally
and aesthetically sensitive site design;
Policy B.2.2: Promote a wide range of residential uses throughout the Town.
Policy B.5.3: Review accessory residential uses in association with light industrial commercial
development when compatible.
Policy C.1.2: Ensure compatible architectural features between adjacent buildings.
Policy E.1.1: Establish policies and programs that 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.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* (DAP).
Policy E.2.4: Site attainable housing with multi-modal transportation options and facilities, including bike
and pedestrian paths.
Policy E.2.5 Consider providing Town revenues in desirable housing projects.
Policy G.3.2: Enforce the use of “Dark Sky” compliant fixtures.
Town of Avon Community Housing Plan
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This plan begins with the following opener:
The potential community benefits of increasing Community Housing efforts include:
• More housing choices; Increased economic stability and a more active year-round economy
for local residents and businesses;
• Greater ability to retain individuals and families throughout life and career phases,
strengthening the sense of community, opportunity, and quality of life;
• Increase Community Housing supply for job recruitment purposes;
• Create Community Housing in closer proximity to job centers with pedestrian connections
and availability of transit, in alignment with the Climate Action Plan goals; and
• More full time residents to sustain arts and culture activities.
With the following Goals (applicable) that supports this development:
• Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to
serve all segments of the population.
• Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental
housing stock, to create a more balanced portfolio with a long-term goal of more home ownership
opportunities.
• Stabilize or increase the percentage of owner-occupied year-round residents; currently 56.5% of all
dwelling units in Avon are owner-occupied by year-round residents.
• Stabilize or increase the percentage of Qualified Employees residing in Avon.
• Seek to add deed restricted units to the inventory through the Mi Casa program and other mechanisms.
Staff Response: This development, being a privately developed subdivision, will neither create low-
income nor market rate or second home, residences. It will, however, create opportunities for
professional households working in Eagle County. Like these goals acknowledge, all segments of our
population deserve quality housing opportunities. Also having new units come on board that house
fulltime, qualified residents in the Avon community supports the town economically and increases a
presence of persons in and around town (vibrancy).
The Town has “pledged” Mi Casa monies for a max of $600,000 for this development. Although this is
not a partnership with the Town, it may be helpful to buyers that the Council has earmarked money for
at least 6-units. While the units will be deed restricted using a Resident Occupied requirement, it is
simply unfeasible for this development to offer price caps deed restrictions that reflect workforce AMIs of
the home buyers. That being said, there is an opportunity for housing authorities like Eagle County or
Vail to purchase units and apply that type of deed restriction from the developer. Otherwise, as each
home comes online, the RO deed restriction will be placed on all units prior to closing. All purchasers
will need to qualify through the Mi Casa Avon program to purchase one of these units.
At this time, the developer is not sure what prices will look like for these homes. Staff is hopeful that the
developer consider including units of various prices to attract different income levels. It is an important
consideration, as Down payment assistance programs may be used for purchasing units only valued up
to $850,000. As Staff does not know what purchase prices will be, there is no guarantee that DAP will
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be available for the public to use in purchasing units in Hidden Valley Estates, even with the use of the
pledged monies.
4. The land shall be physically suitable for the proposed development or subdivision;
Staff Response: The land is physically suitable for the proposed development. While no hazardous
soils or other environmental concerns have been identified, this property is within a debris flow area. The
developable portion of the lot is maximized with the proposed site layout. As such, the road will double
as the stormwater and debris overflow system, in addition to the underground wastewater system.
5. The proposed subdivision shall be compatible with surrounding land uses;
Staff Response: The proposed subdivision is compatible with surrounding land uses (open space) and
is separated from more intense Light Industrial Commercial uses to the west. Staff does not feel there
are any incompatible uses that would affect the proposed residential uses.
6. There are adequate public facilities for potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads and will be conveniently located in relation
to schools, police, fire protection and emergency medical services;
Staff Response: This property is included in the Upper Eagle River Water Authority and a formal ability
to serve letter is a requirement of Final Plat. The developers will pay Avon tap fees for this project.
Water and sewer lines run directly through the property and the owner will need to enter into agreement(s)
with the water district for tie-ins to the main line connections. From the understanding Staff has at this time,
the internal water and wastewater service will be maintained privately by the future HOA, as will the roadway.
Holy Cross Electric will provide electricity for this project. Staff is unclear if this project will be 100% electrified
(as is recommended, and at one point was discussed with the applicants). If it is not, Xcel Energy will be
providing gas service. The property is within Eagle River Fire Protection District (ERFPD) and the plans have
been reviewed by the Fire Marshall, meeting requirements for service and accessibility. Roads are sized and
designed to accommodate trash and deliveries within the development.
7. The proposed utility and road extensions are consistent with the utility's service plan and are
consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan;
Staff Response: The utility plans are far along in the design process. The project engineer has been
coordinating closely with the Town Engineer and utility providers. Sign offs from all providers will be required
prior to the finalization of the associated plat.
8. The utility lines are sized to serve the ultimate population of the service area to avoid future land
disruption to upgrade under-sized lines;
Staff Response: All utilities have been sized to accommodate 53 residential units.
9. The subdivision is compatible with the character of existing land uses in the area and shall not
adversely affect the future development of the surrounding area;
Staff Response: The character of the general vicinity is either multi-family or light industrial commercial.
Staff feels that the location and design of the project is compatible with the character of the area.
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10. A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as
reflected in the approval of that PUD;
Staff Response: Not applicable.
11. Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a
"conditional capacity to serve" letter for the proposed subdivision;
Staff Response: As a condition of this project, all final service letters are required prior to the finalization of
the plat. The IC Zone District requires additional water rights dedication. Specifically, AMC Table 7.20-13
states “the dedication of additional water rights may be required as a condition to approval of development
which exceeds the meter size assigned to the property. The Town may accept cash-in-lieu of dedication in
accordance with a water rights dedication impact fee schedule adopted by ordinance if the Town has
adequate availability of surplus water rights as determined by the Town Council in its sole discretion.”
The Development Agreement between the Town and developer includes a clause related to water allocation.
As drafted, the developer shall comply with all Town requirements regarding water rights dedications,
including securing water rights necessary for completion prior to recording the plat.
12. That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within
the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance,
minimize inefficiencies in the development of services, maximizes the amount of open space in the
development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat
and otherwise accomplishes the purposes of this Development Code;
Staff Response: Buildings will be limited to an area delineated by a building envelope, preserving the
remaining acreage for either open space (passive activities permitted) or greenspace (active activities
permitted). Additionally, the development plans call for low-water / native landscaping between
structures and within the small pocket parks. Drainage improvements will capture and discharge into
the Metcalf ditch that parallels the property. Ingress improvements for this development will be sized
accordingly, to not affect the ditch.
The layout of infrastructure and facilities is logical and minimizes land disturbance to the extent
possible.
13. Evidence that provision has been made for a public sewage disposal system or, if other methods
of sewage disposal are proposed, adequate evidence that such system shall comply with state
and local laws and regulations;
Staff Response: The utility plans tie new infrastructure into the adjacent/existing sewer system. The
ERWSD will handle and process wastewater.
14. Evidence that all areas of the proposed subdivision that may involve soil or topographical
conditions presenting hazards or requiring special precautions have been identified by the
applicant and that the proposed use of these areas are compatible with such conditions or that
adequate mitigation is proposed;
Staff Response: All development is limited to the less topographical areas of the property. A soils report
will be required at building permit review to determine if any special soil conditions exist on the property
970-748-4023 jskinner@avon.org
Page 12 of 18
warranting heightened precautions as each home is constructed.
15. The subdivision application addresses the responsibility for maintaining all roads, open spaces
and other public and common facilities in the subdivision and that the Town can afford any
proposed responsibilities to be assumed by the Town;
Staff Response: A Public Improvements Agreement (“PIA”) is required with this project. The PIA will
address responsibilities during construction and after final acceptance of applicable elements for this
project. The Declarations and Covenants will detail what the HOA will be responsible for, including the
site’s internal road, waterline and wastewater systems.
16. If applicable, the declarations and owners' association are established in accordance with the
law and are structured to provide adequate assurance that any site design standards required by
this Development Code or conditions of approval for the proposed subdivision will be maintained
or performed in a manner which is enforceable by the Town; and
Staff Response: Commonly owned and maintained areas are indicated on the plat. Details of
easements, dedications, and an acceptable PIA will accompany the final approvals of this project.
17. As applicable, the proposed phasing for development of the subdivision is rational in terms of
available infrastructure capacity and financing.
Staff Response: Phasing is contemplated, as shown in the image below. All roads and utilities and
initial 6 units will be constructed within the first phase, regardless of timing for individual buildings. This
will be reflected in the final PIA.
PARK LAND DEDICATION REQUIREMENTS - §7.32.090
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Page 13 of 18
The Park Land Dedication Requirements were put into the Avon Municipal Code in 2010.
The formula for this project is as follows:
Acres Units Persons Per
Unit
Divided by 1000 =
Required Acreage “Parkland” of Hidden Valley Estates
8.2 53 2.9
1.26034 AC or
54,900.41 sq. ft
Greenspace (Pocket Parks)
0.3693 AC or 16,087 sq. ft
Open Space (Neighborhood Park)
3.28675 AC or 143,171 sq. ft
Per Section 7.32.090(d) Pocket Parks. Pocket parks provide opportunities for passive outdoor recreation at
a sub-neighborhood scale. Pocket parks shall be located within one-quarter (¼) mile of the residences they
are intended to serve and may include lawn areas, picnic shelters and tables, play equipment, artwork or
other amenities that are appropriate for the demographics and types of activities that the neighborhood may
desire. Neighborhood parks shall provide places for informal recreation and gathering places within
approximately one-half (½) mile from most residences being served. Neighborhood parks may include
multi-use lawn areas, picnic areas, playground equipment, small court games, community gardens and
playing fields and facilities as appropriate.
The distribution of this land shall be as follows:
Pocket Parks: two (2) acres per one thousand (1,000) residents.
2 AC x 0.1537 persons ((53 x 2.9)/1000) =0.3074 AC or 13,390.344 sq. ft
Neighborhood Parks: six and two-tenths (6.2) acres per one thousand (1,000) residents.
6.2 AC x 0.1537 persons ((53 x 2.9)/1000) =0.95 AC or 41,510.066 sq. ft
Staff Response: Staff feels that the nature of this subdivision is not an environment where non-residents would
visit to use either the greenspaces or the open space areas. The amount of space reserved directly for the
residents of Hidden Valley Estates is adequate.
SUBDIVISION FINAL PLAT REVIEW CRITERIA § 7.16.070(f), Final Plat
1. The Town Engineer shall compare the legal description of the subject property with the County records to
determine that:
i. The property described contains all contiguous single ownership and does not create a new or
remaining unrecognized parcel of less than thirty-five (35) acres in size,
ii. The lots and parcels have descriptions that both close and contain the area indicated, and
iii. The plat is correct in accordance with surveying and platting standards of the State;
Staff Response: The Final Plat adequately meets this criterium.
2. The final plat conforms to the approved preliminary plan and incorporates all recommended changes,
modifications and conditions attached to the approval of the preliminary plan;
Staff Response: There is no previous Preliminary Plan. These files have been combined for efficiency, as
is permitted within the Avon Municipal Code.
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Page 14 of 18
3. The final plat conforms to all preliminary plan criteria;
Staff Response: The Final Plat adequately captures the intent of the proposed Preliminary Plan.
4. The development will substantially comply with all sections of the Development Code;
Staff Response: The Plat complies with all sections of the Development Code.
5. The final plat complies with all applicable technical standards adopted by the Town; and
Staff Response: The Plat complies with all technical standards adopted by the Town of Avon.
6. Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric,
gas and telecommunication facilities.
Staff Response: The plat satisfies all the review criteria for a Final Plat.
OTHER:
1. Ability to Serve from ERWSD, and utility verifications.
Staff Response: Staff has received utility verifications outside of the ERWSD, which is still pending.
2. § 7.16.070(g), Public Improvements Agreement.
Staff Response: The Public Improvements Agreement is required prior to the finalization of the plat. The
applicable Development Agreement will also be executed prior to recording the Final Plat.
3. Preparation, establishment, execution and recording of a Homeowners Association declarations
document which includes maintenance responsibilities, indemnification of Town and pedestrian
access requirements, in a form acceptable to the Town.
Staff Response: HOA declarations were prepared and will be required to be reviewed and prior to the
finalization of the Plat. These documents will be recorded appropriately at the time the Final Plat is recorded,
in order to cross-reference this document.
DEVELOPMENT BONUS ANALYSIS:
The Development Bonus will provide relief from the side setbacks requirements for this project.
Staff Response: The proposed subdivision generally complies with use, density and applicable design
standards. The Light Industrial Commercial (IC) zoning and Table of Allowed Uses permits Community
Housing and several other heavy commercial uses; however, no commercial uses are proposed. This is
strictly a residential use. To make this project work given the difficult topography, the applicants are
requesting relief of certain setbacks as identified in this section.
Staff does not have a significant issue with the proposed deviations from setbacks and recommends support
for this request. These setbacks shall be memorialized as part of the Record of Decision for this application.
It is Staff’s contention that the master parcel setback of 25’ on the west side (for which the applicants are
requesting a deviation using the Development Bonus request), is a 10’ rear setback of the internal lot
970-748-4023 jskinner@avon.org
Page 15 of 18
setbacks. Where there may be concern is if the floodplain is altered should a significant 500 year storm event
modify the Metcalf ditch, and thereby affect this unit. While there are no provisions in the AMC requiring an
accommodation of this concern, Staff feels is should be acknowledged.
Table 7.20-13
Dimensions for the Light Industrial and Commercial District
USE TYPE Min. Lot
Size
(acres or
sq. ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min.
Front
Setback
(feet)
Min.
Side
Setback
(feet)
Min.
Rear
Setback
(feet)
Max.
Building
Height
(feet)
Max.
Density
Residential
Mixed Use or IC 21,780
sq. ft. 100 50 20 25 7.5 10 48 See
footnote [1]
Community Housing 21,780
sq. ft. 100 50 20 25 7.5 10 48 10 du/ac [2]
[1] Dwelling units which are accessory to commercial use are permitted as a special review use pursuant to Section 7.16.100. The maximum
density residential in a mixed use project shall be no more than four (4) DU per acre; provided, however, on lots less than one (1) acre in size,
the Maximum Residential shall be four (4) DU per lot.
[2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a condition to approval of development
which exceeds the meter size assigned to the property. The Town may accept cash-in-lieu of dedication in accordance with a water rights
dedication impact fee schedule adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the Town
Council in its sole discretion.
Master Parcel Conformance:
Lot
Size
Lot
Dim.
Max. Lot
Coverage.
Min.
Landscape
Area (%)
Min.
Front
Setback*
Min. Side
Setback
Min. Rear
Setback
Max.
Building
Height 48’
Max.
Density
Residential
Underlying Parcel: Total:
7.23
AC
650’
x
480’
Approx.
50%
Useable:
3.961 AC
*10’ (Along the
west
property
line)
7.5’ 10’
3-story
(average
35-40’)
7.3 du/ac
Internal Lot Conformance:
Lot Lot Size Lot Width Max Lot
Coverage
Minimum
Landscape
Area
Front Side Rear Max Building Height
A 3541 sf 62.96’ 65% 20% 5’ 5’ 10’ 3 story, 35-42’ avg
B 4167 sf 62.96’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
C 4542 sf 58.10’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
D 4641 sf 58.10’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
E 5082 sf 62.96’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
F 4436 sf 62.96’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
G 5244 sf 77.29’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
H 4224 sf 59.25’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
I 4178 sf 59.25’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
J 4596 sf 60.07’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
970-748-4023 jskinner@avon.org
Page 16 of 18
K 4752 sf 60.26’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
L 4745 sf 60.17’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
M 4745 sf 60.17’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
N 4842 sf 60.17’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
O 4781 sf 60.17’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
P 4781 sf 60.17’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
Q 4781 sf 60.17’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
R 4776 sf 60.17’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
S 4371 sf 62.36’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
T 4450 sf 59.25’ 65% 20% 10’ 5’ 10’ 3 story, 35-42’ avg
U 4496 sf 77.29’ 65% 20% 5’ 5’ 5’ 3 story, 35-42’ avg
V 3904 sf 118.86’ 65% 20% 5’ 5’ 5’ 3 story, 35-42’ avg
GENERAL REVIEW CRITERIA: §7.16.010(f)(1), General Criteria
Criteria is applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be the 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 application is complete. Staff believes sufficient information exists to allow both
the PZC and Town Council to analyze this application using the review criteria as found within the
AMC. Staff finds that this application complies with the Avon Comprehensive Plan, and this project will
not impact demands for public services or infrastructure.
DEVELOPMENT BONUS CRITERIA § 7.16.170(a) Development Bonus Review Criteria
970-748-4023 jskinner@avon.org
Page 17 of 18
Development bonus means the approval of development project which differs from the minimum or
maximum zoning as a means to provide an incentive for a development project that provides one or more
desired public benefits described in this Section.
(1) Impacts do not outweigh benefits. External impacts of requested development bonuses on the
public, adjacent property owners, or the Avon community do not outweigh the public benefits.
Staff Response: In approving the requested deviations from the internal setback standards, there will
be no external impact on neighboring properties. Due to the topography, many of the homes will be
difficult to see from Metcalf Road, being positioned up the drainage. Permitting the maximization of
developable area also maximizes the density of homes in this Community Housing projects. This density
allows the developer to provide home prices lower than would be possible using less density.
(2) Mitigation of impacts. If impacts are presented by the requested development bonus, they should
be mitigated to the extent practicable. Town may require an analysis and may require mitigation
of the impacts on all public facilities, infrastructure, and services which serve the property,
including but not limited to public infrastructure, streets, additional water rights required to serve
the development, fire protection, ambulance services, transit, parks, and recreation. Conditions
to granting a development bonus may be necessary to ensure harmony with the community.
Staff Response: The PZC was concerned that the developer was not providing sufficient “offsets” for
the requested Development Bonus in only offering the potential for lower pricing. The PZC felt that
additional thought and design should be applied to pedestrian improvements towards Nottingham, as
well as to public transit. While there are internal pedestrian pathways proposed, no offsite improvements
are being offered by the Developer.
(3) Location and design. The location and design of any contribution towards public parking, transit,
pedestrian enhancement, streetscape improvement, or civic facilities shall take into
consideration functionality, current and projected demand, and long-term maintenance and
operation costs, and shall include such legal documents as are deemed necessary and
acceptable to the Town.
Staff Response: Many of the suggested opportunities in this criterium would not apply for the developer,
as this site is not adjacent to Nottingham Park, the Town Core, or other civic-oriented facilities. Once
again, there may be opportunities for participation in mobility efforts, should Council feel that additional
offsets are necessary to justify the Development Bonus request.
(b) Zoning and Development Standards. Density bonuses may be approved for the following
zoning and development standards:
(1) Parking. The minimum parking requirements may be reduced.
(2) Building Height. The maximum building height may be exceeded.
(3) Landscape Area. The minimum landscape area may be reduced.
(4) Density. The maximum density may be exceeded.
(5) Setback. The minimum setbacks may be reduced.
(6) Lot Coverage. The maximum lot coverage may be exceeded.
970-748-4023 jskinner@avon.org
Page 18 of 18
Staff Response: The request for a Development Bonus centers on setbacks only. All other development
standards have been satisfied with this application.
OPTIONS:
Town Council has the following options:
• Approve the Application, incorporating the findings and conditions as outlined below;
• Approve the Application, with modified findings and conditions;
• Continue the Application to future meeting pending additional details or studies; or,
• Recommend Denial of the Application after formulating justifiable findings.
RECOMMENDED MOTIONS:
“I move Town Council continue Case #SUB23001, an application for a Preliminary Plan and Final Plat with
a requested Development Bonus for 0382 Metcalf Road (Tract Y, Mountainstar Filing 3), to June 13, 2023.”
Or
“I move Town Council Approval of Case #SUB23001, an application for a Preliminary Plan and Final Plat
with a request for a Development Bonus for 0382 Metcalf Road (Tract Y, Mountainstar Filing 3), based on
the findings and including conditions outlined in Staff’s report.”
Conditions:
1. ILCs are required for all structures as required by the Avon Municipal Code Section 15.10.060.
2. Engineering approval for the site access, installation of utilities, and drainage structures shall
be required prior to the issuance of a building permit.
3. Utility Verification and or any agreements with the ERWSD are required prior to the recording
of the Final Plat.
4. Community Housing Deed Restrictions are required to be in place prior to closing on any unit.
5. All deed restrictions are subject to approval and annual compliance review by the Town of
Avon, unless enacted by an outside housing authority.
6. The executed Final Plat and the Declarations and Covenants must be reviewed and approved
by Staff prior to recording.
7. PIA and final Development Agreement shall be finalized prior to recording the Final Plat.
8. The Final Plat must be executed prior to the issuance of the initial construction permit (e.g.,
grading or building permit).
9. The Applicants shall participate in any studies or similar in conjunction with the Town of Avon
concerning future pedestrian or public transportation improvements, relative to this project
location.
Thanks, Jena
ATTACHMENTS: A. Application Materials (Subdivision/Civil Designs)
B. Final Plat
C. Declarations and Covenants
D. Resolution 23-10
ATTACHMENT A
APPLICATION MATERIALS
•APPLICATION MATERIALS
•BUILDING DESIGNS
G1
G2
G3
H1
H2
I1
I2
J1J2
K1
K2
L1
L2
M1
M2
N1
N2
O1
O2
P1 P2
Q1
Q2
R1
R2
S1
S2
T1
T2
U1
U2
U3
A1 A2 A3 B1 B2 B3
C1 C2 C3 D1 D2 D3 E1 E2 E3
V1V2V3
F1
F2
F3
V3
V2 V1 *1
A1 A2 A3
*2
*3
*4
*5
*6
*7
HIDDEN VALLEY ROAD
HIDDEN VALLEY ROAD
HIDDEN VALLEY LOOP
UNIMPROVED 3' WIDE WALKING PATH
NON-PERMANENT PARK BENCHES (TYP)
COMMUNITY SIGN
COMMUNITY SIGN
STREET SIGN
STOP SIGN
STREET SIGN
STOP SIGNSTREET SIGN
BUILDING A
A1
UNIT #UNIT TYPE FLR AREA BEDROOM
A2
A3
BUILDING B
B1
B2
B3
BUILDING C
C1
C2
C3
BUILDING D
D1
D2
D3
BUILDING E
E1
E2
E3
BUILDING F
F1
F2
F3
BUILDING G
G1
G2
G3
BUILDING H
H1
H2
BUILDING I
I1
I2
BUILDING J
J1
J2
BUILDING K
K1
K2
BUILDING L
L1
L2
BUILDING M
M1
M2
BUILDING N
N1
N2
BUILDING O
O1
O2
BUILDING P
P1
P2
BUILDING Q
Q1
Q2
BUILDING R
R1
R2
BUILDING S
S1
S2
BUILDING T
T1
T2
BUILDING U
U1
U2
U3
BUILDING V
V1
V2
V3
8
8
9
8
8
9
8
8
9
8
8
9
8
8
9
9
8
8
9
8
10
6
6
6
6
2
1
2
1
2
1
2
1
2
1
4
5
5
5
5
6
7
6
11
11
11
PARKING
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
1272 SF
1272 SF
1272 SF
1272 SF
1272 SF
1272 SF
1272 SF
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
21490 SF 2 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
32027 SF 4 BED
42027 SF 4 BED
42027 SF 4 BED
42027 SF 4 BED
42027 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
3
4
3
4
3
4
3
32188 SF 4 BED
32188 SF 4 BED
32188 SF 4 BED
32188 SF 4 BED
42207 SF 4 BED
42207 SF 4 BED
42207 SF 4 BED
42207 SF 4 BED
22000 SF 3 BED
22000 SF 3 BED
22000 SF 3 BED
22000 SF 3 BED
21460 SF 3 BED
21139 SF 2 BED
21139 SF 2 BED
21139 SF 2 BED
OCC/UNIT
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
3
3
3
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
230 OCCUPANTS
TOTAL FOR PARKLAND
SHEET OF :
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A Preliminary Plat Submit 03.24.23
21-313
PROJECT NO.:
May 7, 2023
DATE:
ral
DRAWN BY:
SCALE:
RAL Architects, Inc.2023C
Contact: Matt Wadey
Alpine Engineering
PO Box 97
970.926.3373
34510 Hwy 6
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Avon, CO 81620
C I V I L
Edwards, CO 81632
-
Mountain Star Filing 3
Tract Y
Hidden Valley Estates
B PZC Submittal 05.07.23
Architectural
Site
Plan
A0.1
1" = 30'
25' FRONT SETBACK
PROPOSED 10' FRONT SETBACK
PROPOSED BUILDING ENCROACHMENT
PAST 25' FRONT SETBACK DENOTED BY SHADING
SHEET OF :
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A Preliminary Plat Submit 03.24.23
21-313
PROJECT NO.:
May 7, 2023
DATE:
ral
DRAWN BY:
SCALE:
RAL Architects, Inc.2023C
Contact: Matt Wadey
Alpine Engineering
PO Box 97
970.926.3373
34510 Hwy 6
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Avon, CO 81620
C I V I L
Edwards, CO 81632
-
Mountain Star Filing 3
Tract Y
Hidden Valley Estates
B PZC Submittal 05.07.23
Development
Bonus
Diagram
A0.2
1" = 30'
SHEET OF :
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A Preliminary Plat Submit 03.24.23
21-313
PROJECT NO.:
May 7, 2023
DATE:
ral
DRAWN BY:
SCALE:
RAL Architects, Inc.2023C
Contact: Matt Wadey
Alpine Engineering
PO Box 97
970.926.3373
34510 Hwy 6
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7
Avon, CO 81620
C I V I L
Edwards, CO 81632
-
Mountain Star Filing 3
Tract Y
Hidden Valley Estates
B PZC Submittal 05.07.23
Pedestrian
Circulation
Diagram
A0.3
1" = 30'
G1
G2
G3
H1
H2
I1
I2
J1J2
K1
K2
L1
L2
M1
M2
N1
N2
O1
O2
P1 P2
Q1
Q2
R1
R2
S1
S2
T1
T2
U1
U2
U3
A1 A2 A3 B1 B2 B3
C1 C2 C3 D1 D2 D3 E1 E2 E3
V1V2V3
F1
F2
F3
V3
V2 V1 *1
A1 A2 A3
*2
*3
*4
*5
*6
*7
HIDDEN VALLEY ROAD
HIDDEN VALLEY ROAD
HIDDEN VALLEY LOOP
UNIMPROVED 3' WIDE WALKING PATH
NON-PERMANENT PARK BENCHES (TYP)
LOT 2
POCKET PARK
(OPEN FIELD)
LOT 3
POCKET PARK
(PLAYGROUND)
LOT 4
POCKET PARK
(DOG PARK)
LOT 5
PARKLAND
COMMUNITY SIGN
COMMUNITY SIGN
STREET SIGN
STOP SIGN
STREET SIGN
STOP SIGNSTREET SIGN
BUILDING A
A1
UNIT #UNIT TYPE FLR AREA BEDROOM
A2
A3
BUILDING B
B1
B2
B3
BUILDING C
C1
C2
C3
BUILDING D
D1
D2
D3
BUILDING E
E1
E2
E3
BUILDING F
F1
F2
F3
BUILDING G
G1
G2
G3
BUILDING H
H1
H2
BUILDING I
I1
I2
BUILDING J
J1
J2
BUILDING K
K1
K2
BUILDING L
L1
L2
BUILDING M
M1
M2
BUILDING N
N1
N2
BUILDING O
O1
O2
BUILDING P
P1
P2
BUILDING Q
Q1
Q2
BUILDING R
R1
R2
BUILDING S
S1
S2
BUILDING T
T1
T2
BUILDING U
U1
U2
U3
BUILDING V
V1
V2
V3
8
8
9
8
8
9
8
8
9
8
8
9
8
8
9
9
8
8
9
8
10
6
6
6
6
2
1
2
1
2
1
2
1
2
1
4
5
5
5
5
6
7
6
11
11
11
PARKING
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
1390 SF
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
1272 SF
1272 SF
1272 SF
1272 SF
1272 SF
1272 SF
1272 SF
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2 BED
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
21490 SF 2 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
21834 SF 3 BED
32027 SF 4 BED
42027 SF 4 BED
42027 SF 4 BED
42027 SF 4 BED
42027 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
32192 SF 4 BED
3
4
3
4
3
4
3
32188 SF 4 BED
32188 SF 4 BED
32188 SF 4 BED
32188 SF 4 BED
42207 SF 4 BED
42207 SF 4 BED
42207 SF 4 BED
42207 SF 4 BED
22000 SF 3 BED
22000 SF 3 BED
22000 SF 3 BED
22000 SF 3 BED
21460 SF 3 BED
21139 SF 2 BED
21139 SF 2 BED
21139 SF 2 BED
OCC/UNIT
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
4.5
3
3
3
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
230 OCCUPANTS
TOTAL FOR PARKLAND
PARKLAND DEDICATION CALCULATION
TOTAL OCCUPANTS - 230
8.2 AC X 230 OCC / 1000 = 1.886 AC (82,154 SF)
LOT 2 - 5396 SF POCKET PARK
LOT 3 - 2866 SF POCKET PARK
LOT 4 - 6477 SF POCKET PARK
LOT 5 - 68667 SF PARKLAND
TOTAL - 83,406 SF - 1.915 AC
SHEET OF :
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A Preliminary Plat Submit 03.24.23
21-313
PROJECT NO.:
May 7, 2023
DATE:
ral
DRAWN BY:
SCALE:
RAL Architects, Inc.2023C
Contact: Matt Wadey
Alpine Engineering
PO Box 97
970.926.3373
34510 Hwy 6
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Avon, CO 81620
C I V I L
Edwards, CO 81632
-
Mountain Star Filing 3
Tract Y
Hidden Valley Estates
B PZC Submittal 05.07.23
Parkland
Dedication
Diagram
A0.4
1" = 30'
L1
L1
L1
L2 L2 L2
L2 L2 L2 L2 L2 L2
L2 L2 L2 L2 L2 L2 L2 L2 L2
L2
L2
L2
L2
L2
L2
L2
L2
L2
L2
L2
L2L2
L2L2
L2L2
L2L2
L2
L2 L2
L2
L2
L2
L2
L2 L2
L2
L2
L2
L2
L2
L2
L2
L3
L3
SHEET OF :
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A Preliminary Plat Submit 03.24.23
21-313
PROJECT NO.:
May 7, 2023
DATE:
ral
DRAWN BY:
SCALE:
RAL Architects, Inc.2023C
Contact: Matt Wadey
Alpine Engineering
PO Box 97
970.926.3373
34510 Hwy 6
Ed
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C
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Avon, CO 81620
C I V I L
Edwards, CO 81632
-
Mountain Star Filing 3
Tract Y
Hidden Valley Estates
B PZC Submittal 05.07.23
Community
Lighting
Diagram
A0.5
1" = 30'
L1 - POST LIGHT
RIPLEY COLLECTION 16"
L2 - WALL SCONCE
RIPLEY COLLECTION 9"
L3 - SIGN LIGHT
FIRE CHIEF INTEGRATED LED
LIGHT LEGEND
G1
G2
G3
H1
H2
I1
I2
J1J2
K1
K2
L1
L2
M1
M2
N1
N2
O1
O2
P1 P2
Q1
Q2
R1
R2
S1
S2
T1
T2
U1
U2
U3
A1 A2 A3 B1 B2 B3
C1 C2 C3 D1 D2 D3 E1 E2 E3
V1V2V3
F1
F2
F3
V3
V2 V1 *1
A1
A2 A3
*2
*3
*4
*5
*6
*7
HIDDEN VALLEY ROAD
HIDDEN VALLEY ROAD
HIDDEN VALLEY LOOP
UNIMPROVED 3' WIDE WALKING PATH
NON-PERMANENT PARK BENCHES (TYP)
COMMUNITY SIGN
COMMUNITY SIGN
STREET SIGN
STOP SIGN
STREET SIGN
STOP SIGNSTREET SIGN
EVERGREEN TREE
DECIDUOUS TREE
6'+ HEIGHT
SIZE
2" CALIPER
REVEGETATED WITH NATIVE GRASSES
ALL DISTURBED AREAS ON THE SITE NOT TO BE SODDED OR MULCHED ARE TO BE
POPULUS TREMULOIDES
MULCH PLANTING BED
SPRINKLER SYSTEM TO BE INSTALLED WITH AN AUTOMATIC RAIN SENSOR
PICEA PUNGENS
BOTANIC NAME
PLANT LIST
PP
KEY
PT
TREES
COLROADO BLUE SPRUCE
COMMON NAME
QUAKING ASPEN
28
#
186
SHRUB
PLANT LEGEND
GLOBE SPRUCE
AAS
PICEA PUNGENS
AMELANCHIER ALNIFOLIA NATIVE SERVICEBERRY
SHRUBS
PPG
5 GALLON
6 GALLON
-
17
IRRIGATION TABLE
ACER GLABRUMAG ROCKY MOUNTAIN MAPLE 3" CALIPER-
5 GALLONARTEMISIA TRIDENTATAATS TALL WESTERN SAGE -
SHEET OF :
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A Preliminary Plat Submit 03.24.23
21-313
PROJECT NO.:
May 7, 2023
DATE:
ral
DRAWN BY:
SCALE:
RAL Architects, Inc.2023C
Contact: Matt Wadey
Alpine Engineering
PO Box 97
970.926.3373
34510 Hwy 6
Ed
w
a
r
d
s
,
C
o
l
o
r
a
d
o
8
1
6
3
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6
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2
2
7
Avon, CO 81620
C I V I L
Edwards, CO 81632
-
Mountain Star Filing 3
Tract Y
Hidden Valley Estates
B PZC Submittal 05.07.23
Landscape
Site
Plan
A0.6
1" = 30'
ATTACHMENT B
•SUBDIVISION ENGINEERING PLANS
AND FINAL PLAT
WILDRIDGE
BENCHMARK
ATBEAVER CREEK
MOUNTAIN STAR
FILING No. 3
FINAL PLAT
HIDDEN VALLEY ESTATES
A RESUBDIVISION OF TRACT Y, MOUNTAIN STAR FILING No. 3
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
VICINITY MAP
Clerk and Recorder's Certificate
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Surveyor's Certificate
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Title Certificate
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Certificate of Taxes Paid
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Town Certificate
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Certificate of Dedication and Ownership
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0QVCT[2WDNKE
Feet
0 30 60
FINAL PLAT
HIDDEN VALLEY ESTATES
A RESUBDIVISION OF TRACT Y, MOUNTAIN STAR FILING No. 3
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
ATTACHMENT C
•PROPOSED COVENANTS
DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HIDDEN VALLEY ESTATES
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HIDDEN VALLEY ESTATES (this "Declaration") shall be made effective upon recordation and is made as of _____________________, 20____, by Legacy Mountain Development LLC, a Colorado limited liability company ("Declarant").
RECITALS A. Declarant is owner of that certain real property located in the County of Eagle, Colorado, more particularly described on the attached Exhibit A attached hereto and
incorporated herein (the "Property").
B. Declarant desires to create a Planned Community pursuant to the Colorado Common Interest Ownership Act as set forth in Colorado Revised Statutes 38-33.3-101, et. seq. on the Property, the name of which is Hidden Valley Estates.
C. Declarant hereby makes the following grants, submissions, and declarations: ARTICLE 1 DECLARATION AND SUBMISSION
Section 1.1 Purpose. The purpose of this Declaration is to create a residential planned community within the Property (the “Community”) pursuant to the Colorado Common Interest Ownership Act as set forth in Article 33.3, Title 38, Colorado Revised Statutes.
Section 1.2 Intention of Declarant. Declarant desires to (a) protect the value and
desirability of the Community, (b) further a plan for the improvement, sales, and common
ownership of the Community, (c) create a harmonious and attractive residential development within the Community, and (d) promote and safeguard the health, comfort, safety, convenience, and welfare of the owners of Units in the Community.
Section 1.3 Declaration. Declarant hereby declares that the Property shall be held,
sold, and conveyed subject to the following covenants, restrictions and easements which are for
the purpose of protecting the value and desirability of the Property, and which shall run with the land and be binding on all parties and heirs, successors, and assigns of parties having any right, title, or interest in all or any part of the Property. Additionally, Declarant hereby submits the Property to the provisions of the Act.
Section 1.4 Covenants Running With the Land. All provisions of this Declaration
shall be deemed to be covenants running with the land or equitable servitudes, as the case may
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be. The benefits, burdens, and other provisions contained in this Declaration shall be binding upon and shall inure to the benefit of Declarant, all Owners, and their respective heirs, executors,
administrators, personal representatives, successors, and assigns.
Section 1.5 Workforce Housing. The Community is intended to be a workforce housing community. Each Residential Unit is expected to be subject to a Deed Restriction (hereinafter defined).
ARTICLE 2
DEFINITIONS
Definitions. The following words when used in this Declaration or any Supplemental Declaration, unless inconsistent with the context of this Declaration, shall have the following meanings:
Section 2.1 "Act" means the Colorado Common Interest Ownership Act as set forth in
Article 33.3, Title 38, Colorado Revised Statutes, as such act exists on the date hereof, except to the extent that the applicability of future amendments to the Act are mandatory.
Section 2.2 "Annual Assessment" means the Assessment levied annually.
Section 2.3 "Articles" mean the Articles of Incorporation for Hidden Valley Estates
Association, currently on file with the Colorado Secretary of State, and any amendments which
may be made to those Articles from time to time.
Section 2.4 "Assessments" means the Annual, Special, and Default Assessments levied pursuant to Article 11 below. Assessments are also referred to as a Common Expense Liability as defined under the Act.
Section 2.5 "Association" means Hidden Valley Estates Association, a Colorado
nonprofit corporation, and its successors and assigns, charged with the duties and obligations of administering the Community. The Association acts through its Executive Board unless a vote of the Owners is otherwise specifically required by this Declaration or by the Articles or Bylaws.
Section 2.6 "Association Documents" means this Declaration, the Articles, the
Bylaws, and any procedures, rules, regulations, and policies adopted under such documents by
the Association.
Section 2.7 “Buildings” means the buildings (including all fixtures and improvements contained within them) comprising the Residences. Each of the Buildings may hereinafter be individually referred to as a “Building.”
Section 2.8 "Bylaws" means the Bylaws adopted by the Association, as amended from
time to time.
Section 2.9 "Common Area" means, to the extent of the Association's interest in such real property or improvements, if any, any real property or improvements for the common use and enjoyment of all of the Owners on a non-exclusive basis, or, in the case of Limited Common
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Area, reserved for use of one or more, but fewer than all, of the Owners, (i) that are owned by the Association, including estates in fee and terms of years, or (ii) that are owned by a person or
entity other than the Association, but in which the Association has rights of use or possession
pursuant to a lease, license, easement or other agreement, in each case together with any improvements located thereon.
Section 2.10 "Common Expenses" means (i) all expenses expressly declared to be common expenses by this Declaration, or the Bylaws of the Association; (ii) all other expenses
of administering, servicing, conserving, managing, maintaining, repairing, or replacing the
Common Area; (iii) insurance premiums for the insurance carried under Article 9; and (iv) all expenses lawfully determined to be common expenses by the Executive Board of the Association.
Section 2.11 “Community” or “Hidden Valley Estates” shall mean the planned
community created by this Declaration, consisting of the Property, the Residential Units, and any
other improvements constructed on the Property and as shown on the Plat.
Section 2.12 “Community Water/Wastewater System” means the common water and wastewater pipes, lines and other components that serve the Community as a whole, generally from the connection to such services in the right-of-way adjacent to the Community up to the
point of connection of individual services lines from such system to each individual Residence.
Section 2.13 "Declarant" means Legacy Mountain Development LLC, a Colorado limited liability company, and its successors and assigns. No party other than Legacy Mountain Development LLC shall exercise the rights and privileges reserved herein to Declarant unless such party shall receive and record in the real property records of the County of Eagle, Colorado,
a written assignment from Legacy Mountain Development LLC of all or a portion of such rights
and privileges.
Section 2.14 "Declaration" means and refers to this Declaration of Covenants, Conditions, Restrictions and Easements for Hidden Valley Estates, as supplemented and amended from time to time.
Section 2.15 “Deed Restriction” means any separate document recorded against title to
a Residential Unit and enforceable by a governmental entity that has the effect of limiting use, occupancy, or other matter with the intent of maintaining the Unit as occupied by members of the workforce in Eagle County, Colorado.
Section 2.16 "Default Assessment" means the Assessments levied by the Association
pursuant to Section 10.8 below.
Section 2.17 “Director” means a member of the Executive Board.
Section 2.18 "Executive Board" means the governing body of the Association elected to perform the obligations of the Association relative to the operation, maintenance, and management of the Property and all improvements on the Property.
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Section 2.19 "Expansion Property" means the real property located in the County of Eagle, Colorado, more particularly described on the attached Exhibit B attached hereto and
incorporated herein, which Declarant may subject to this Declaration by one or more duly
recorded Supplemental Declarations.
Section 2.20 "First Mortgage" means any Mortgage which is not subject to any lien or encumbrance except liens for taxes or other liens which are given priority by statute.
Section 2.21 "First Mortgagee" means any person named as a mortgagee or beneficiary
in any First Mortgage, or any successor to the interest of any such person under such First
Mortgage.
Section 2.22 “Limited Common Area” means those parts of the Common Area which are limited to and reserved for the use of the Owners of one or more, but fewer than all, of the Residential Units as further described in Sections 5.7 and (with respect to Limited Common Area
parking spaces) 5.8 below, and which may be designated as “Limited Common Area” or “LCA.”
on the Plat. Parking spaces appurtenant to a Residential Unit that are not located on a Lot shall be designated as Limited Common Area of the appurtenant Residential Unit on the Plat. Porches, decks and/or patios appurtenant to each Residential Unit but not located on the Lot, if any, shall be deemed Limited Common Areas to the applicable Residential Unit, whether or not
so designated on the Plat.
Section 2.23 "Lot" means a plot of land subject to this Declaration and designated as a "Lot" on any subdivision plat of the Property recorded by Declarant in the Office of the Clerk and Recorder of the County of Eagle, Colorado.
Section 2.24 "Managing Agent" shall mean a person or entity engaged by the
Association to perform certain duties, powers, or functions of the Association, as the Executive
Board may authorize from time to time.
Section 2.25 "Member" shall mean every person or entity who holds membership in the Association.
Section 2.26 "Mortgage" shall mean any mortgage, deed of trust, or other document
pledging any Residential Unit or interest therein as security for payment of a debt or obligation.
Section 2.27 "Mortgagee" means any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage.
Section 2.28 "Owner" means the owner of record, whether one or more persons or entities, of fee simple title to any Residential Unit, and "Owner" also includes the purchaser
under a contract for deed covering a Residential Unit with a current right of possession and
interest in the Residential Unit, but excludes those having such interest in a Residential Unit merely as security for the performance of an obligation, including a Mortgagee, unless and until such person has acquired fee simple title to the Residential Unit pursuant to foreclosure or other proceedings.
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Section 2.29 "Plat" means the subdivision plat of Hidden Valley Estates recorded ________________, 202__, at Reception No. ________________________ in the Office of the
Clerk and Recorder of the County of Eagle, Colorado, and all supplements and amendments
thereto.
Section 2.30 "Property" means and refers to that certain real property described on Exhibit A attached to this Declaration, as the same may be expanded in the manner provided in this Declaration.
Section 2.31 "Residence" means the residence constructed on any Lot, and the Limited
Common Areas appurtenant to that residence.
Section 2.32 "Residential Unit" or “Unit” means a Lot together with all improvements thereon, including a Residence, and all easements and rights-of-way appurtenant thereto. Residential Unit is also referred to as a Unit under the Act.
Section 2.33 "Sharing Ratio" means the percentage allocation of Assessments to which
an Owner’s Unit is subject as set forth in Exhibit C attached hereto and made a part hereof.
Section 2.34 "Special Assessment" means an assessment levied pursuant to Section 10.7 below on an irregular basis.
Section 2.35 "Successor Declarant" means any party or entity to whom Declarant
assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an
assignment or deed of record executed by both Declarant and the transferee or assignee and recorded in the Office of the Clerk and Recorder of the County of Eagle, Colorado, designating such party as a Successor Declarant. Upon such recording, the assigning Declarant's rights and obligations under this Declaration shall cease and terminate to the extent provided in such
document.
Section 2.36 "Supplemental Declaration" means an instrument that subjects any part of the Expansion Property to this Declaration, as more fully provided in Article 14 below.
Section 2.37 "Supplemental Plat" means a subdivision plat of Hidden Valley Estates which may depict a part of the Expansion Property becoming subject to this Declaration through
a Supplemental Declaration, as more fully provided in Article 14 below.
Each capitalized term not otherwise defined in this Declaration or in the Plat shall have the same meanings specified or used in the Act. ARTICLE 3
NAME, DIVISION INTO RESIDENTIAL UNITS
Section 3.1 Name. The name of the project is Hidden Valley Estates. The project is a Planned Community pursuant to the Act.
Section 3.2 Association. The name of the association is Hidden Valley Estates
Association. Declarant has caused the Association to be incorporated under the laws of the State
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of Colorado as a non-profit corporation with the purpose of exercising the functions as herein set forth.
Section 3.3 Number of Residential Units. The number of Residential Units initially
submitted to this Declaration is _______________ (____) Units. Declarant reserves the right for itself and any Successor Declarant to expand the Property to include up to a maximum of seventy-eight (78) Residential Units and to expand the Common Area.
Section 3.4 Identification of Residential Units. The identification number of each
Residential Unit is shown on the Plat.
Section 3.5 Description of Residential Units.
3.5.1 Each Residential Unit shall be inseparable and may be leased, devised or encumbered only as a residence.
3.5.2 Title to a Residential Unit may be held individually or in any form of
concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each
co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Residential Unit in which he owns an interest. For all purposes herein, there shall be deemed to be only one Owner for each Residential Unit. The parties, if more than one, having the ownership of a Residential Unit shall
agree among themselves how to share the rights and obligations of such ownership, but all such
parties shall be jointly and severally liable for performance and observance of all of the duties and obligations of an Owner hereunder with respect to the Residential Unit in which they own an interest.
3.5.3 Any contract of sale, deed, lease, Mortgage, will or other instrument
affecting a Residential Unit may describe it by its Lot number, Hidden Valley Estates
Subdivision, according to the Final Plat for Hidden Valley Estates, a Resubdivision of Tract Y, Mountain Star Filing No. 3 recorded ___________________, 202__, at Reception No. __________________, County of Eagle, State of Colorado, and any recorded amendment and supplement thereto, and this Declaration, which will be recorded in the records of the Clerk and
Recorder of the County of Eagle, Colorado, and any recorded amendment and supplement hereto
(with applicable recording information inserted therein).
3.5.4 Each Residential Unit shall be considered a separate parcel of real property and shall be separately assessed and taxed. Accordingly, the Common Area shall not be assessed separately but shall be assessed with the Residential Units as provided pursuant to
Colorado Revised Statutes Subsections 39-1-103(10) and 38-33.3-105(2).
3.5.5 No Owner of a Residential Unit shall bring any action for partition or division of the Common Area.
3.5.6 Each Residential Unit shall be used and occupied solely for residential dwelling purposes in the manner described in Article 15 below. Notwithstanding the foregoing,
Declarant, for itself and its successors and assigns, hereby retains a right to maintain any
Residential Unit or Units as sales offices, management offices or model residences so long as
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Declarant, or its successors or assigns, is the Owner or lessee of the Residential Unit. The use by Declarant of any Residential Unit as a model residence, office or other use shall not affect the
Residential Unit's designation on the Plat as a separate Residential Unit.
3.5.7 An Owner shall have the right to lease its Residential Unit upon such terms and conditions as the Owner may deem advisable; provided, however, that (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of this Declaration, (ii) a Residential Unit may be leased only for the uses provided hereinabove, and
(iii) any failure of a lessee to comply with the terms of this Declaration, the Articles, the Bylaws
or the rules of the Association shall be a default under the lease enforceable by the Association. Each Owner acknowledges and agrees that the leasing of the Owner’s Residential Unit may be limited or restricted as further provided in this Declaration and as provided in the Deed Restriction to which the Residential Unit is subject.
ARTICLE 4 MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS Section 4.1 The Association. Every Owner of a Unit shall be a Member of the Association. No Owner, whether one or more persons, shall have more than one membership per
Unit owned, but all of the persons owning a Unit shall be entitled to rights of membership and of
use and enjoyment appurtenant to ownership of a Unit. Membership shall be appurtenant to and may not be separated from ownership of any Unit.
Section 4.2 Transfer of Membership. An Owner shall not transfer, pledge, or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Unit
and then only to the purchaser or Mortgagee of his Unit.
Section 4.3 Membership. The Association shall have one (1) category of membership consisting of all Owners, including the Declarant so long as Declarant continues to own an interest in a Unit. Each Member shall be entitled to vote in Association matters pursuant to this Declaration on the basis of one (1) vote for each Unit owned. Members of the Association may
exercise such voting rights subject to and in accordance with the provisions of the Bylaws.
Declarant shall be entitled to vote with respect to Units owned by it. Members of the Association may exercise such voting rights subject to and in accordance with the provisions of the Bylaws. All members of the Association shall be entitled to vote on all matters affecting the Community.
Section 4.4 Declarant Control. Notwithstanding anything to the contrary provided for
herein or in the Bylaws, Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association to the fullest extent permitted under the Act. The specific restrictions and procedures governing the exercise of Declarant's right to so appoint and remove Directors and officers shall be set out in the Bylaws. Declarant
may voluntarily relinquish such power evidenced by a notice executed by Declarant and
recorded in the Office of the Clerk and Recorder for the County of Eagle, Colorado but, in such event, Declarant may at its option require that specified actions of the Association or the Executive Board as described in the recorded notice, during the period Declarant would
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otherwise be entitled to appoint and remove Directors and officers, be approved by Declarant before they become effective.
Section 4.5 Owner's and Association's Address for Notices. All Owners of each Unit
shall have one and the same mailing address to be registered with the Association and used by the Association or other Owners for notices, demands, and all other communications regarding Association matters. The Owner or Owners of a Unit shall furnish such address to the Secretary of the Association within five (5) days after transfer of title to the Unit to such Owner or Owners.
Such registration shall be in written form and signed by all of the Owners of the Unit or by such
persons as are authorized by law to represent the interests of all Owners of the Unit. Notwithstanding the foregoing, the Association shall be entitled to rely upon any such registration or other notice of a change in address of the Owners of the Unit which is signed by less than all of the Owners of such Unit.
If no address is registered or if all of the Owners cannot agree, then the address for the
Unit on file with the Eagle County Assessor shall be deemed their registered address until another registered address is furnished as required under this Section. Any notice delivered to a First Mortgagee in accordance with the terms of this
Declaration shall be sent to the address for such party specified in the First Mortgage unless the
First Mortgagee notifies the Association in writing of a different address. All notices and demands intended to be served upon the Executive Board shall be sent to the registered address of the Association of record with the Colorado Secretary of State from
time to time.
All notices given in accordance with this Section shall be sent by personal delivery, which shall be effective upon receipt; by overnight courier service, which shall be effective one business day following timely deposit with the courier service; or regular, registered or certified
mail, postage prepaid, which shall be effective three (3) days after deposit in the U.S. mail.
ARTICLE 5 MAINTENANCE, LANDSCAPING AND SPECIAL EASEMENT
Section 5.1 Common Area. The Association shall maintain the Common Area (but
not any the Limited Common Areas other than parking spaces identified as Limited Common Areas on the Plat), as more fully set forth below. The Association shall be responsible for the repair, maintenance, and replacement of the Community Water/Wastewater System.
Section 5.2 Residential Units. Each Owner shall maintain such Owner’s Residential
Unit, which shall include but shall not be limited to (a) the maintenance, repair and replacement
of all structures constituting any part of the Residential Unit, including roofs; (b) the painting and/or staining of all exterior surfaces, including walls, windows, doors, decks, porches, railings, fences and gates, (c) the maintenance, repair and replacement of windows, doors, exterior siding and siding elements, stucco, balcony railings, fencing and gates, and roof maintenance and repair
(including snow and ice removal), (d) the maintenance, repair and replacement of all
landscaping, driveways, walkways, front stoops and patios upon or within the Residential Unit,
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and (e) all service lines and other utilities installed and serving only that Unit (which may include, but are not limited to the lines connecting each Residential Unit to the Community
Water/Wastewater System). All exterior maintenance and repair by an Owner shall maintain a
consistent and harmonious appearance among the Residential Units and shall be subject to the approval of the Executive Board under Section 16.1 below.
Section 5.3 Special Easement. The Association and the Executive Board and their respective representatives are hereby granted a nonexclusive easement to enter upon and use the
Residential Units as may be necessary or appropriate to perform the duties and functions which
they may be obligated or permitted to perform pursuant to this Article 5.
Section 5.4 Maintenance Contract. The Association or Executive Board may employ or contract for the services of an individual or maintenance company to perform certain delegated powers, functions, or duties of the Association to maintain the Common Area. The
employed individual or maintenance company shall have the authority to make expenditures
upon prior approval and direction of the Executive Board. The Executive Board shall not be liable for any omission or improper exercise by the employed individual or management company of any duty, power, or function so delegated by written instrument executed by or on behalf of the Executive Board.
Section 5.5 Association Regulation. To the extent water or utility service lines require
maintenance or repair, the Owner shall obtain written permission and oversight by the Association for the same, shall comply with any rules and regulations related thereto, and shall return the Property to its original condition prior to the repair or maintenance at its expense. The Association shall have the right and power to prohibit on a Unit any storage or other activities
deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and
perceptible from another Unit or the Common Area. No Owner shall make any addition or other alteration to any portion of the Residential Unit or remove or alter any fence, landscaping or irrigation system without the express consent of the Executive Board, as more fully discussed in Section 16.1.
Section 5.6 Owner's Failure to Maintain or Repair. In the event that (a) a Residential
Unit and the improvements and landscaping thereupon are not properly maintained and repaired or have been altered in a manner which deviates from the consistent appearance of Units within the Community or otherwise without the approval of the Association, or (b) in the event that the improvements or landscaping on the Unit are damaged or destroyed by an event of casualty and
the Owner does not take reasonable measures to diligently pursue the repair and reconstruction
of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Executive Board, shall have the right to enter upon the Unit to perform such work as is reasonably required to restore the Unit and the Buildings and other
improvements thereon to a condition of good order, repair and consistency. All costs incurred by
the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Unit, upon demand. All unreimbursed costs shall be a lien upon the Unit until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid Assessment levied in accordance with Article 10 of this Declaration.
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Section 5.7 Parking and Vehicles.
5.7.1 All parking spaces located within the Community shall be subject to
regulation by the Executive Board of the Association pursuant to the rules and regulations of the
Association. The Executive Board of the Association shall promulgate rules and regulations regarding parking in addition to those contained in this Declaration, and shall enforce Owners’ compliance with such rules and regulations.
5.7.2 Except for those Units to which one or more Limited Common Area
parking spaces are appurtenant, each Unit shall be entitled to park a vehicle only upon such
Owner’s Residential Unit, either in its garage or on its driveway, all subject to regulation by the Association.
5.7.3 Only passenger vehicles and commercial vehicles used by the Owner on a regular basis are permitted within the Community. Campers, recreational vehicles (RVs),
motorhomes, snowmobiles, all-terrain vehicles (ATVs or four-wheelers), boats, trailers, or any
commercial vehicles not regularly used by the Owner may not be stored or parked within the Community except if wholly enclosed within an Owner’s garage. No inoperable vehicles may be stored upon any property within the Community, and no vehicular maintenance shall be permitted except if wholly conducted within an Owner’s garage. The Association shall have the
right to promulgate rules and regulations relating to all aspects of parking within the Community.
5.7.4 No vehicle shall be parked outside of an Owner’s Residential Unit or appurtenant Limited Common Area parking space, or otherwise in a manner as to impede or prevent access to any part of the Community or to impede or prevent access to any Lot, other than that of the Owner. In addition, no vehicle shall be parked to interfere with snowplowing.
ARTICLE 6 ASSOCIATION RIGHTS AND DUTIES Section 6.1 Association Management Duties. Subject to the rights and obligations of Declarant and other Owners as set forth in this Declaration, the Association shall be responsible
for the administration and operation of the Community and for the exclusive management,
control, maintenance, repair, replacement, and improvement of the Common Area (including facilities, furnishings, and equipment related thereto), and shall keep the same in good, clean, attractive, and sanitary condition, order, and repair. The expenses, costs, and fees of such management, operation, maintenance, and repair by the Association shall be part of the
Assessments, and, subject to the budget approval procedures of Section 10.3 below, prior
approval of the Owners shall not be required in order for the Association to pay any such expenses, costs, and fees.
Section 6.2 Reserve Account. The Association shall establish and maintain, as part of its budget and out of the installments of the annual Assessments, adequate reserve accounts for
maintenance, repair, or replacement of any portion of the Common Area that must be
maintained, repaired and/or replaced on a periodic basis. Such capital reserves will be based on reserve studies conducted by the Association pursuant to its Policies for Investment of Reserve Funds and Performance of Reserve Study, as may be amended from time to time.
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Section 6.3 Owner's Negligence. In the event that the need for maintenance, repair, or replacement of all or any portion of the Common Area is caused through or by the negligent or
willful act or omission of an Owner, or by any member of an Owner's family, or by an Owner's
guests, invitees, or tenants, then the expenses incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner. If the Owner fails to repay the expenses incurred by the Association within seven (7) days after notice to the Owner of the amount owed, then the failure to so repay shall be a default by the Owner under the provisions of
this Section, and such expenses shall automatically become a Default Assessment determined
and levied against such Unit, enforceable by the Association in accordance with Sections 10.8, 10.9, and 10.10 below.
Section 6.4 Delegation of Management and Maintenance Duties. The Executive Board may delegate all or any part of its powers and duties to a Managing Agent, including
Declarant; however, the Executive Board, when so delegating, shall not be relieved of its
responsibilities under this Declaration.
Section 6.5 Acquiring and Disposing of Personal Property. The Association may acquire, own, and hold for the use and benefit of all Owners tangible and intangible personal property, and may dispose of the same by sale or otherwise. Each Owner may use such personal
property in accordance with the purposes for which it is intended, without hindering or
encroaching upon the lawful rights of other Owners.
Section 6.6 Pledge of Future Income. The Association is authorized to pledge and assign its right to future income, including the right to receive Assessments, as collateral for loans or to secure other monetary obligations of the Association.
Section 6.7 Cooperation with Other Associations. The Association may contract or
cooperate with other homeowners' associations, metropolitan districts or entities as convenient or necessary to provide services and privileges and to fairly allocate costs among the parties utilizing such services and privileges which may be administered by the Association or such other organizations, for the benefit of Owners and their family members, guests, tenants, and
invitees. The costs associated with such efforts by the Association (to the extent not chargeable
to other organizations) shall be a Common Expense.
Section 6.8 Issuance of Rules and Regulations. The Executive Board may make and amend reasonable rules and regulations governing the use and rental of the Units and the use of the Common Area, which rules and regulations shall be substantially consistent with the rights
and duties established in this Declaration. The Executive Board shall provide thirty (30) days'
written notice prior to the adoption or amendment of any rules and regulations and provide for a reasonable opportunity for Owners to comment at a meeting of the Executive Board on the proposed adoption or amendment of any rules and regulations, except that the 30-day notice requirement may be waived in reasonable circumstances.
Section 6.9 Identity of Executive Board and Managing Agent. From time to time, but
no less frequently than annually, the Association shall deliver to each Owner a notice containing the names and addresses of the members of the Executive Board and the Managing Agent, if any.
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Section 6.10 Payments to Working Capital Account. In order to provide the Association with adequate working capital funds, the Association shall collect an amount equal to twenty-
five percent (25%) of the then-current annual assessments from the purchaser at the time of the
sale of each Unit. The Association shall maintain the working capital funds to meet unforeseen expenditures or to acquire additional equipment or services in connection with the Common Area for the benefit of the Members of the Association, subject to the budget approval procedures of Section 10.3 below. Such payments to this fund shall not be considered advance
payments of Annual Assessments. The unused portion of the working capital contribution shall
be returned to each Owner upon the sale of his Unit, provided that the subsequent purchaser of the Unit has contributed the required working capital to the Association.
Section 6.11 Implied Rights. The Association may exercise any and all other rights or privileges given to it by this Declaration, or by the other Association Documents, or as may
otherwise be given to it by law, and every other right or privilege reasonably to be implied from
the existence of any right or privilege given to the Association or reasonably necessary to effectuate any such right or privilege.
Section 6.12 LIMITATION OF LIABILITY OF ASSOCIATION. NOTWITHSTANDING THE DUTY OF THE ASSOCIATION TO MAINTAIN AND REPAIR
THE COMMON AREA, AND EXCEPT TO THE EXTENT COVERED BY ASSOCIATION
INSURANCE AS DESCRIBED IN ARTICLE 9, THE ASSOCIATION SHALL NOT BE LIABLE TO OWNERS FOR INJURY OR DAMAGE, OTHER THAN FOR THE COST OF MAINTENANCE AND REPAIR, CAUSED BY ANY LATENT CONDITION OF THE COMMON AREA TO BE MAINTAINED AND REPAIRED BY THE ASSOCIATION OR
CAUSED BY THE ELEMENTS OR OTHER OWNERS OR PERSONS.
ARTICLE 7 MECHANIC'S LIENS Section 7.1 No Liability. If any Owner shall cause any material to be furnished to his
Residential Unit or any labor to be performed therein or thereon, no Owner of any other
Residential Unit shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his Residential Unit.
Nothing herein contained shall authorize any Owner or any person dealing through, with or
under any Owner to charge the Common Area or any Residential Unit other than of such Owner with any mechanic's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Residential Unit for work done or materials
furnished to any other Owner's Residential Unit are hereby expressly denied.
Section 7.2 Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Residential Unit or an Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms
the basis for such lien or order shall at his own cost and expense cause the same to be cancelled
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and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty (20) days after the date of filing
thereof, and further shall indemnify and save all the other Owners and the Association harmless
from and against any and all costs, expenses, claims, losses or damages including, without limitation, reasonable attorneys' fees resulting therefrom.
Section 7.3 Association Action. Labor performed or materials furnished for the Common Area, if duly authorized by the Association in accordance with this Declaration or its
bylaws, shall be deemed to be performed or furnished with the express consent of each Owner
and shall be the basis for the filing of a lien pursuant to law against the Common Area. Any such lien shall be limited to the Common Area and no lien may be effected against an individual Residential Unit or Units.
ARTICLE 8
PROPERTY RIGHTS OF OWNERS AND RESERVATIONS BY DECLARANT 8.1.1 Owners' Easements. Every Owner has a right and non-exclusive easement of enjoyment in and to the Common Area and an easement for water, utility and sewer
service lines across the Common Area or other Lots (to the extent originally installed by
Declarant) necessary to provide such service to such Owner’s Unit, which shall be appurtenant to and shall pass with the title to every Residential Unit subject to the provisions contained herein. Every Owner shall have a right of access to and from his or her Residential Unit over and across the Common Area. No Owner shall hinder nor permit his guest to hinder reasonable access by
any other Owner and his guest to the Residential Unit. In addition, every Owner has a right and
exclusive easement of enjoyment, appurtenant to each Unit, for the use and occupancy of the Limited Common Areas appurtenant to such Unit.
Section 8.2 Recorded Easements. The Property shall be subject to all easements as shown on any recorded plat affecting the Property and to any other easements and licenses of
record or of use as of the date of recordation of this Declaration, which easements and licenses of
record are set forth on the attached Exhibit D. In addition, the Property is subject to those easements set forth in this Article 8 as well as to any easements for water, utility and sewer service lines necessary to provide such service to any or all of the Units within the Community, and any easements for irrigation lines necessary to provide irrigation to all landscaping within
the Common Area, to the extent such easements are not already included on a recorded plat for
the Community.
Section 8.3 Declarant's Rights Incident to Construction and Marketing. Declarant, for itself and its successors and specific assigns, hereby retains a right and easement of ingress and egress over, in, upon, under, and across the Property and the right to store materials on the
Property and to make such other use of the Property as may be reasonably necessary or incident
to the complete construction and sale of the Community, including, but not limited to, construction trailers, temporary construction offices, sales offices, and directional and marketing signs; provided, however, that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment, or access by any Owner, or family
members, guests, tenants, or invitees of any Owner. Declarant, for itself and its successors and
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specific assigns, hereby retains a right to maintain any Unit or Units as sales offices, management offices, or model residences so long as Declarant, or any Successor Declarant,
continues to own, lease, or control a Unit. The use by Declarant of any Unit as a model
residence, office, or other use shall not affect the Unit's designation on the Plat as a separate Unit.
Section 8.4 Other Easements.
8.4.1 Each Unit shall be subject to an easement for encroachments created
by construction, settling and overhang, previously existing or as designed and constructed by
Declarant or as a result of any addition or improvement pursuant to this Declaration including, without limitation, any patios and decks encroaching into the Common Area. A valid easement for such encroachments and for the maintenance of same, so long as they exist, shall and does exist. In the event any improvement is partially or totally destroyed, and then rebuilt, the
Owners agree that minor encroachments of parts of the adjacent Unit due to construction shall be
permitted and that a valid easement for said encroachment and the maintenance thereof shall exist so long as the improvements shall stand.
8.4.2 Each Unit is subject to a blanket easement for support and a blanket easement for the maintenance of the structures or improvements presently situated, or to be built
in the future, on the Units.
8.4.3 There is hereby created a blanket easement upon, across, over, in and under the Property for the benefit of the Units and the structures and improvements situated thereon, including the Party Walls, for ingress and egress, installation, replacing, repairing and maintaining a common landscape irrigation system and common fire safety system, if any, and
all utilities, including, but not limited to, water, sewer, gas, telephone, cable television and
electricity. Said blanket easement includes future utility services not presently available to the Units which may reasonably be required in the future. By virtue of this easement, it shall be expressly permissible for Declarant or the companies providing utilities to erect and maintain the necessary equipment on any of the Units and to affix and maintain electrical and/or telephone
wires, circuits and conduits on, above, across and under the roofs and exterior walls of the
improvements, all in a manner customary for such lines and equipment in the area surrounding the Property, subject to approval by the Association as to locations.
Section 8.5 Reservation for Expansion. Declarant hereby reserves to itself and the Association and/or for Owners in all future phases of the Community, an easement and right-of-
way over, upon and across the Property for construction, utilities, drainage, and ingress to and
egress from the Expansion Property, and other properties abutting and contiguous to the Property and the Expansion Property, and for use of the Common Area as may be reasonably necessary or incident to the construction of improvements on the Lots or other improvements on the Property or the Expansion Property; provided, however, that no such rights shall be exercised by
Declarant in a way which unreasonably interferes with the occupancy, use, enjoyment, or access
to the Community by the Owners. The location of these easements and rights-of-way may be made certain by Declarant or the Association by instruments recorded in the Office of the Clerk and Recorder of the Eagle County, Colorado.
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Section 8.6 General Maintenance Easement. An easement is hereby reserved to Declarant, and granted to the Association, and any member of the Executive Board or the
Managing Agent, and their respective officers, agents, employees, and assigns, upon, across,
over, in, and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs, to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Association Documents, or to exercise its rights under Article 5 and Article 6 above.
Section 8.7 Drainage and Irrigation Easement. An easement is hereby reserved to
Declarant and its successors and assigns and granted to the Association and its officers, agents, employees, successors, and assigns to enter upon, across, over, in, and under any portion of the Community for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property, or changing any potions of the irrigation system, so as to
improve the drainage of water on the Property
Section 8.8 Association as Attorney-in-Fact. Each Owner, by his acceptance of a deed or other conveyance vesting in him an interest in a Residential Unit, does irrevocably constitute and appoint the Association and/or Declarant with full power of substitution in the Owner's name, place and stead to deal with Owner's interest in order to effectuate the rights reserved by
Declarant or granted to the Association, as applicable, with full power, right and authorization to
execute and deliver any instrument affecting the interest of the Owner and to take any other action which the Association or Declarant may consider necessary or advisable to give effect to the provisions of this Section and this Declaration generally. If requested to do so by the Association or Declarant, each Owner shall execute and deliver a written, acknowledged
instrument confirming such appointment.
Section 8.9 Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Area to the members of his family, his tenants, guests, licensees, and invitees, but only in accordance with and subject to the limitations of the Association Documents.
Section 8.10 Reservation of Easements, Exceptions, and Exclusions. The Association
is hereby granted the right to establish from time to time, by declaration or otherwise, utility and
other easements, permits, or licenses over the Common Area, for purposes including, but not limited to, streets, paths, walkways, drainage, recreation areas, parking areas, ducts, shafts, flues, and conduit installation areas, to create other reservations, exceptions, and exclusions with respect to the Common Area for the best interest of all the Owners and the Association.
Section 8.11 Emergency Access Easement. A general easement is hereby granted to all
police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties.
Section 8.12 Governmental Requirements. Declarant hereby reserves the right to grant such easements, from time to time, as may be required by any government agency. Such
easements shall specifically include, but not be limited to, any public rights-of-way and any
environmental easements required by federal, state or local environmental agencies, for so long as the Declarant holds an interest in any Residential Unit subject to this Declaration.
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Section 8.13 Declarant Easements. Declarant reserves unto itself, its successors, assigns, lessees, guests, licensees and invitees, for so long as it holds any interest in any
Residential Unit, the same easement rights granted to Owners under this Declaration and specific
easement rights over and across the Property as it may deem necessary for its use from time to time. Declarant reserves (a) the right to dedicate any access roads and streets serving the Property to public use, to grant road easements with respect thereto and to allow such street or road to be used by owners of adjacent land; and (b) the right to enter into, establish, execute,
amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance
or regulation of parking or recreational facilities, which may or may not be a part of the Property for the benefit of the Owners, or the Association.
ARTICLE 9 INSURANCE AND FIDELITY BONDS
Section 9.1 General Insurance Provisions. The Association shall maintain, to the extent reasonably available:
9.1.1 Property insurance on the Common Area for special form covered causes of loss; except that the total amount of insurance must be not less than the full insurable
replacement costs of the insured property less applicable deductibles at the time the insurance is
purchased and at each renewal date, exclusive of land, excavations, foundations, paving areas, landscaping and other items normally excluded from property policies. Such insurance shall cover all insurable improvements located on or constituting part of the Common Area, if any.
9.1.2 Commercial general liability insurance against claims and liabilities
arising in connection with the ownership, existence, use, or management of the Common Area
and the Association, in an amount deemed sufficient in the judgment of the Executive Board, insuring the Executive Board, the Association, the Managing Agent, and their respective employees, agents, and all persons acting as agents. Declarant shall be included as an additional insured in Declarant's capacity as an Owner and Executive Board member. The Owners shall be
included as additional insureds but only for claims and liabilities arising in connection with the
ownership, existence, use, or management of the Common Area. The insurance shall cover claims of one or more insured parties against other insured parties.
9.1.3 The Association may carry such other and further insurance that the Executive Board considers appropriate, including insurance on Units that the Association is not
obligated to insure to protect the Association or the Owners.
Section 9.2 Cancellation. If the insurance described in Section 9.1 is not reasonably available, or if any policy of such insurance is cancelled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be delivered to all Owners.
Section 9.3 Policy Provisions. Insurance policies carried pursuant to Section 9.1 must
provide that:
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9.3.1 Each Owner is an insured person under the policy with respect to liability arising out of such Owner's membership in the Association;
9.3.2 The insurer waives its rights to subrogation under the policy against
any Owner or member of his household;
9.3.3 No act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and
9.3.4 If, at the time of a loss under the policy, there is other insurance in the
name of an Owner covering the same risk covered by the policy, the Association's policy provides primary insurance.
Section 9.4 Insurance Proceeds. Any loss covered by the property insurance policy described in Section 9.1 must be adjusted with the Association, but the insurance proceeds for
that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the
Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners and Mortgagees as their interests may appear. Subject to the provisions of Section 9.7 below, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Owners and Mortgagees
are not entitled to receive payment of any portion of the proceeds unless there is a surplus of
proceeds after the damaged property has been completely repaired or restored or the regime created by this Declaration is terminated.
Section 9.5 Association Policies. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for
deductibles, and any other matters of claims adjustment. To the extent the Association settles
claims for damages to property, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all or any equitable portion of the deductibles paid by the Association.
Section 9.6 Insurer Obligation. An insurer that has issued an insurance policy for the
insurance described in Section 9.1 shall issue certificates or memoranda of insurance to the
Association and, upon request, to any Owner or Mortgagee. Unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to the Association and to each Owner and Mortgagee to whom a certificate or memorandum of insurance has been issued
at their respective last-known addresses.
Section 9.7 Repair and Replacement.
9.7.1 Any portion of the Property for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless:
9.7.1.1 The regime created by this Declaration is terminated;
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9.7.1.2 Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety;
9.7.1.3 Sixty-seven percent (67%) of the Owners agree in writing
not to rebuild; or
9.7.1.4 Prior to the conveyance of any Unit to a person other than Declarant, the Mortgagee holding a deed of trust or mortgage on the damaged portion of the Common Area rightfully demands all or a substantial part of the insurance proceeds.
9.7.2 The cost of repair or replacement in excess of insurance proceeds and
reserves is a Common Expense. If the entire Common Area is not repaired or replaced, the insurance proceeds attributable to the damaged Common Area must be used to restore the damaged area to a condition compatible with the remainder of the Community and except to the extent that other persons will be distributees, the insurance proceeds must be distributed to all the
Owners or Mortgagees, as their interests may appear in proportion to the Sharing Ratios of all
the Units.
Section 9.8 Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses.
Section 9.9 Fidelity Insurance. Fidelity bonds shall be maintained by the Association,
to extent reasonably available, to protect against dishonest acts on the part of its officers,
directors, trustees, and employees and on the part of all others who handle or are responsible for handling the funds belonging to or administered by the Association in an amount not less than two (2) months' current Assessments plus reserves as calculated from the then-current budget of the Association. The Association must also secure and maintain, or require to be secured or
maintained by any parties handling the collection, deposit, transfer, or disbursement of
Association funds, fidelity insurance with aggregate coverage of not less than two (2) months' assessments plus reserves as calculated from the then-current budget of the Association; provided, however, in no event shall the coverage for third parties handling the collection, deposit, transfer, or disbursement of Association funds be less than $50,000. In addition, all
funds and accounts of the Association being held by a Managing Agent or other third persons
shall be kept in an account separate from the funds of other parties held by such Managing Agent or third party, and all reserves of the Association shall be kept in an account separate from the operational account of the Association. Any such fidelity coverage shall name the Association as an obligee and such bonds shall contain waivers by the issuers of all defenses based upon the
exclusion of persons serving without compensation from the definition of "employees," or
similar terms or expressions.
Section 9.10 Worker's Compensation Insurance. The Executive Board shall obtain worker's compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law.
Section 9.11 Other Insurance. The Association shall also maintain insurance to the
extent reasonably available and in such amounts as the Executive Board may deem appropriate on behalf of Directors against any liability asserted against a Director or incurred by him in his capacity of or arising out of his status as a Director. The Executive Board may obtain insurance
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against such other risks of a similar or dissimilar nature as it shall deem appropriate with respect to the Association's responsibilities and duties.
Section 1.1 Insurance Obtained by Owners. Each Owner shall obtain and at all times
maintain physical damage and liability insurance for such Owner's benefit, at such Owner's expense, covering the full replacement value of the improvements upon the Owner's Unit, personal property as well as personal liability insurance in a limit of not less than One Million Dollars ($1,000,000) per occurrence with respect to bodily injury, death or personal injury
(including libel and slander) to any number of persons, or for damage to third party property, and
if higher limits shall at any time be customary to protect against tort liability, such higher limits shall be carried. Personal liability insurance of One Million Dollars ($1,000,000) may be achieved as a stand-alone Homeowners Insurance Policy, or combination of a Homeowners Insurance Policy and Personal Umbrella Liability Policy. In addition, an Owner may obtain
such other and additional insurance coverage on the Unit and related improvements as such
Owner in their sole discretion shall conclude to be desirable; provided, however, that none of such insurance coverage obtained by the Owner shall operate to decrease the amount which the Executive Board, on behalf of all Owners, may realize under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained by the Association or
cause the diminution or termination of that insurance coverage. Any insurance obtained by an
Owner shall include a provision waiving the particular insurance company's right of subrogation against the Association and other Owners, including Declarant, should Declarant be the Owner of any Unit. No Owner shall obtain separate insurance policies on the Common Area.
Upon request of the Association, any Owner shall submit and maintain on file with the
Association copies of all such current policies to evidence their obligations hereunder and to
facilitate recovery of all appropriate awards or proceeds by the Association.
Section 9.12 Association Policy on Insurance and Deductible Responsibilities. The provisions of this Article 9 may be supplemented by an Association policy on insurance and deductible responsibilities, providing further details on the responsibility for coverage of specific
improvements within the Community and the responsibility for payment of the deductible under
the Association’s insurance policies, which may be assessed against an Owner in certain instances.
ARTICLE 10 ASSESSMENTS
Section 10.1 Obligation. Each Owner, including Declarant, by accepting a deed for a Residential Unit, is deemed to covenant to pay to the Association (1) the Annual Assessments imposed by the Executive Board as necessary to meet the Common Expenses of maintenance, operation, and management of the Common Area and to perform the functions of the
Association; (2) Special Assessments for capital improvements and other purposes as stated in
this Declaration or determined by the Executive Board from time to time; and (3) Default Assessments which may be assessed against a Residential Unit for the Owner's failure to perform an obligation under the Association Documents or because the Association has incurred an expense on behalf of the Owner under the Association Documents. No Owner may waive or
otherwise escape personal liability for the payment of the Assessments provided for in this
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Declaration by not using the Common Area or the facilities contained in the Common Area or by abandoning or leasing his Unit. In accordance with Section 38-33.3-315(1) of the Act, Declarant
shall pay all Common Expenses until the Association levies its first Assessment to Owners. In
the event Assessments have not first been levied by the Association at the time of any conveyance of a Unit from Declarant to an Owner, then that Owner shall not be obligated for Common Expenses until the first levy of Assessments, which the Association may effect at any time upon written notice to Owners.
Section 10.2 Purpose of Assessments. The Assessments shall be used exclusively to
promote the health, safety and welfare of the Owners and occupants of the Community as determined by the Executive Board from time to time, and for the improvement and maintenance of the Common Area and other areas of Association responsibility referred to herein, as more fully set forth in this Article below.
Section 10.3 Budget. Within ninety (90) days after the adoption of any proposed
budget for the Association, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or other delivery of the summary, or as provided in the Bylaws. The Executive Board shall give
notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the
Executive Board does not require approval from the Owners and it will be deemed approved by the Owners in the absence of a veto at the noticed meeting by more than seventy-five percent (75%) of all Owners. In the event that the proposed budget is vetoed, the periodic budget last proposed by the Executive Board and not vetoed by the Owners must be continued until a
subsequent budget proposed by the Executive Board is not vetoed by the Owners. The Executive
Board shall levy and assess the Association's annual Assessments in accordance with the annual budget.
Section 10.4 Annual Assessments. Annual Assessments for Common Expenses made shall be based upon the estimated cash requirements as the Executive Board shall from time to
time determine to be paid by all of the Owners, subject to Section 10.3 above. Estimated
Common Expenses shall include, but shall not be limited to, the cost of routine maintenance and operation of the Common Area; expenses of management; insurance premiums for insurance coverage as deemed desirable or necessary by the Association; landscaping of the Property; care of grounds within the Common Area; routine repairs and renovations within the Common Area;
wages; common water and utility charges for the Common Area; legal and accounting fees;
management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any default remaining from a previous assessment period; and the creation of a reasonable contingency or other reserve or surplus fund for general, routine maintenance, repairs, and replacement of improvements within the Common Area on a periodic
basis, as needed.
Annual Assessments shall be payable in quarterly installments, or on such other schedule as determined by the Executive Board from time to time, on a prorated basis in advance and shall be due on the first day of each payment period. The omission or failure of the Association to fix the Annual Assessments for any assessment period shall not be deemed a waiver, modification,
or release of the Owners from their obligation to pay the same. The Association shall have the
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right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year.
Section 10.5 Due Dates for Assessment Payments. Unless otherwise determined by the Executive Board, the Annual Assessments and any Special Assessments which are to be paid in installments shall be paid quarterly in advance at such intervals as are determined by the Executive Board, and shall be due and payable to the Association at its office or as the Executive
Board may otherwise direct in any Management Agreement, without notice (except for the
notices required by this Article 10). If any installment (a) remains unpaid fifteen (15) days after the due date, then the Executive Board may assess a "late charge" on the installment in an amount of fifteen percent (15%) of the installment (or of the amount outstanding on such installment, if less) or such other charge as the Executive Board may fix by rule from time to
time, and (b) remains unpaid thirty (30) days after the due date, then the Executive Board may
also assess default interest equal to the maximum amount permitted by law, or such lesser rate of default interest as the Executive Board may fix by rule from time to time, which default interest shall be imposed on the first day of each calendar month, so long as the assessment remains unpaid.
Section 10.6 Apportionment of Annual Assessments. Each Owner shall be responsible
for that Owner's share of the Common Expenses, which shall be divided among the Residential Units on the basis of the Sharing Ratios of the Units. The Executive Board shall have full authority to determine the applicable budgeting category for each cost and expense of the Association, subject only the Owners’ right to veto the budget pursuant to Section 10.3 above.
Section 10.7 Special Assessments. In addition to the Annual Assessments authorized
by this Article, the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of improvements within the Common Area or for any other expense incurred or to be incurred as
provided in this Declaration. Any amounts assessed pursuant to this Section shall be assessed to
Owners in the same proportion as provided for Annual Assessments in Section 10.6, subject to the requirements that any extraordinary maintenance, repair or restoration work on fewer than all of the Residential Units shall be borne by the Owners of those affected Residential Units only; and any extraordinary insurance costs incurred as a result of the value of a particular Owner's
Residence or the actions of a particular Owner (or his agents, servants, guests, tenants, or
invitees) shall be borne by that Owner. Special Assessments shall be based on a budget adopted in accordance with Section 10.3 above provided that, if necessary, the Association may adopt a new budget pursuant to Section 10.3 prior to levying a Special Assessment. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments
shall be given promptly to the Owners, and no payment shall be due less than thirty (30) days
after such notice shall have been given.
Section 10.8 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant
to the Association Documents or which is incurred by the Association on behalf of the Owner
pursuant to the Association Documents and any expenses incurred by the Association as a result
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of the failure of an Owner to abide by the Association Documents (including without limitation attorneys’ fees), shall be a Default Assessment and shall become a lien against such Owner's
Residential Unit which may be foreclosed or otherwise collected as provided in this Declaration.
Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least thirty (30) days prior to the due date.
Section 10.9 Lien for Assessments. The Annual, Special, and Default Assessments (including installments of the Assessments) arising under the provisions of this Declaration
(together with any and all interest, costs, late charges, expenses, and reasonable attorneys' fees,
including legal assistants' fees, which may arise under the provisions of Section 10.10 below) shall be burdens running with, and a perpetual lien in favor of the Association upon, the specific Unit to which such Assessments apply in accordance with Section 38-33.3-316 of the Act. To further evidence such lien upon a specific Unit, the Association may, but shall not be obligated
to, prepare a written lien notice setting forth the description of the Unit, the amount of
Assessments on the Unit unpaid as of the date of such lien notice, the rate of default interest as described in Section 10.5 above, the name of the Owner or Owners of the Unit, and any and all other information that the Association may deem proper. Any such lien notice shall be signed by a member of the Executive Board, an officer of the Association, or a Managing Agent and shall
be recorded in the Office of the Clerk and Recorder of the County of Eagle, Colorado. Any such
lien notice shall not constitute a condition precedent or delay the attachment of the lien, but such lien is a perpetual lien upon the Unit and attaches without notice at the beginning of the first day of any period for which any Assessment is levied.
Section 10.10 Effect of Nonpayment of Assessments. If any Annual, Special, or Default
Assessment (or any installment of the Assessment) is not fully paid within thirty (30) days after
the same becomes due and payable, then as often as the same may happen, (i) interest shall accrue on any amount of the Assessment which was not paid within such 30-day period or on the amount of Assessment in default, whichever shall be applicable, accruing from the due date until date of payment in the manner described in Section 10.5 above, (ii) the Association may declare
due and payable all unpaid quarterly or other installments of the Annual Assessment or any
Special Assessment otherwise due during the fiscal year during which such default occurred, (iii) the Association may thereafter bring an action at law or in equity, or both, against any Owner personally obligated to pay the same, and (iv) the Association may proceed to foreclose its lien against the particular Unit in the manner and form provided by Colorado law for foreclosure of
real estate mortgages.
An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid Assessments (or any installment thereof) may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien for the Assessments. If any such Assessment (or installment thereof) is not fully paid when due and if
the Association commences such an action (or counterclaims or cross-claims for such relief in
any action) against any Owner personally obligated to pay the same, or proceeds to foreclose its lien against the particular Unit, then all unpaid installments of Annual and Special Assessments and all Default Assessments (including any such installments or Assessments arising during the proceedings of such action or foreclosure proceedings), any late charges under Section 10.5
above, any accrued interest, and the Association's costs, expenses, and reasonable attorneys' fees
(including legal assistants' fees) incurred for any such action and/or foreclosure proceedings shall
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be taxed by the court as part of the costs of any such action or foreclosure proceedings and shall be recoverable by the Association from any Owner personally obligated to pay the same and
from the proceeds from the foreclosure sale of the particular Unit in satisfaction of the
Association's lien. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the Association from again foreclosing or attempting to foreclose its
lien for any subsequent Assessments (or installments thereof) which are not fully paid when due
or for any subsequent Default Assessments. The Association shall have the power and right to bid in or purchase any Unit at foreclosure or other legal sale and to acquire and hold, lease, or mortgage the Unit, and to convey or otherwise deal with the Unit acquired in such proceedings.
First Mortgagees shall be entitled to cure any delinquency of the Owner of a Unit
encumbered by the First Mortgage in the payment of Assessments. In that event, the First Mortgagee shall be entitled to obtain a release from the lien imposed or perfected by reason of such delinquency.
Section 10.11 Successor's Liability for Assessments. Notwithstanding the personal
obligation of each Owner of a Unit to pay all Assessments on the Unit, and notwithstanding the Association's perpetual lien upon a Unit for such Assessments, all successors in interest to the fee simple title of a Unit, except as provided in Section 10.12 and Section 10.13 below, shall be jointly and severally liable with the prior Owner or Owners of the Unit for any and all unpaid
Assessments, interest, late charges, costs, expenses, and attorneys' fees against such Unit,
without prejudice to any such successor's right to recover from any prior Owner any amounts paid thereon by such successor. However, such successor in interest shall be entitled to rely upon the existence and status of unpaid Assessments, interest, late charges, costs, expenses, and attorneys' fees as shown upon any certificate issued by or on behalf of the Association to such
named successor in interest pursuant to the provisions of Section 10.13 below.
Section 10.12 Waiver of Homestead Exemption; Subordination of Association's Lien for Assessments. By acceptance of the deed or other instrument of transfer of a Unit, each Owner irrevocably waives the homestead exemption provided by Part 2, Article 41, Title 38, Colorado Revised Statutes, as amended. The Association's perpetual lien on a Unit for Assessments shall
be superior to all other liens and encumbrances except the following:
10.12.1 Real property ad valorem taxes and special assessment liens duly imposed by a Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute; and
10.12.2 To the extent permitted under the Act, after taking into account the
superiority of a certain amount of assessment liens permitted by Section 38-33.3-316(2) of the
Act, the lien of any First Mortgage, including any and all advances made by the First Mortgagee and notwithstanding that any of such advances may have been made subsequent to the date of the attachment of the Association's liens.
With respect to the foregoing subpart 10.12.2, to the extent permitted under the Act, any
First Mortgagee who acquires title to a Unit by virtue of foreclosing the First Mortgage or by
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virtue of a deed or assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the First Mortgage, will take the Unit free of any claims for unpaid Association Assessments,
interest, late charges, costs, expenses, and attorneys' fees against the Unit which accrue prior to
the time such First Mortgagee or purchaser acquires title to the Unit, and the amount of the extinguished lien may be reallocated and assessed to all Units as a Common Expense at the direction of the Executive Board.
All other persons not holding liens described in Section 10.12 above and
obtaining a lien or encumbrance on any Unit after the recording of this Declaration shall be deemed to consent that any such lien or encumbrance shall be subordinate and inferior to the Association's future liens for Assessments, interest, late charges, costs, expenses, and attorneys' fees as provided in this Article 10, whether or not such consent is specifically set forth in the
instrument creating any such lien or encumbrance.
A sale or other transfer of any Unit, including but not limited to a foreclosure sale, except as provided in Section 10.11 above and except as provided in Section 10.13 below, shall not affect the Association's lien on such Unit for Assessments, interest, late charges, costs,
expenses, and attorneys' fees due and owing prior to the time such purchaser acquires title and
shall not affect the personal liability of each Owner who shall have been responsible for the payment thereof. Further, no such sale or transfer shall relieve the purchaser or transferee of a Unit from liability for, or the Unit from the lien of, any Assessments made after the sale or transfer.
Section 10.13 Statement of Status of Assessments. Upon fourteen (14) calendar days written request (furnished in the manner described below for the response to such request) to a Managing Agent, the Executive Board, or the Association's registered agent and payment of a reasonable fee set from time to time by the Executive Board, any Owner, prospective purchaser
of a Unit, or Mortgagee shall be furnished, by personal delivery or by certified mail, first class
postage prepaid, return receipt requested, to the inquiring party (in which event the date of posting shall be deemed the date of delivery) a statement of the Owner's account setting forth:
10.13.1 The amount of any unpaid Assessments, interest, late charges, costs, expenses, and attorneys' fees then existing against a particular Unit;
10.13.2 The amount of the current installments of the Annual Assessment and
the date that the next installment is due and payable;
10.13.3 The date of the payment of any installments of any Special Assessments then existing against the Unit; and
10.13.4 Any other information deemed proper by the Association.
Upon the issuance of such a certificate signed by a member of the Executive Board, by an
officer of the Association, or by a Managing Agent, the information contained therein shall be conclusive upon the Association as to the person or persons to whom such certificate is addressed and who rely on the certificate in good faith. Unless such a statement of status of Assessments is delivered as described above within said fourteen (14) calendar day period, the
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Association shall have no right to assert a priority lien upon the Unit over the inquiring party's interest for unpaid Assessments which were due as of the date of the request.
ARTICLE 11 ASSOCIATION AS ATTORNEY-IN-FACT Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful
attorney-in-fact for the purposes of dealing with any improvements covered by insurance written
in the name of the Association pursuant to Article 9, upon their damage or destruction as provided in Article 12, or a complete or partial taking as provided in Article 13 below. Acceptance by a grantee of a deed or other instrument of conveyance or any other instrument conveying any portion of the Property shall constitute appointment of the Association as the
grantee's attorney-in-fact, and the Association shall have full authorization, right, and power to
make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. The Association may exercise its authority as attorney-in-fact for any purpose permitted pursuant to this Declaration only if, in each and every instance
where such exercise is so permitted, the Executive Board approves the exercise of such authority
by the affirmative vote of a majority of the voting Directors. If the Executive Board fails to so approve any exercise of authority as attorney-in-fact, the Association shall have such authority as it may have pursuant to the Act.
ARTICLE 12 DAMAGE OR DESTRUCTION Section 12.1 The Role of the Executive Board. Except as provided in Section 12.4, in the event of damage to or destruction of all or part of any Common Area improvement, or other
property covered by insurance written in the name of the Association under Article 9, the
Executive Board shall arrange for and supervise the prompt repair and restoration of the damaged property (the property insured by the Association pursuant to Article 9 is sometimes referred to as the "Association-Insured Property").
Section 12.2 Estimate of Damages or Destruction. As soon as practicable after an event
causing damage to or destruction of any part of the Association-Insured Property, the Executive
Board shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction. "Repair and reconstruction" as used in this Article 12 shall mean restoring the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or
destruction. Such costs may also include professional fees and premiums for such bonds as the
Executive Board or the insurance trustee, if any, determines to be necessary.
Section 12.3 Repair and Reconstruction. As soon as practical after the damage occurs and any required estimates have been obtained, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Association-Insured
Property. As attorney-in-fact for the Owners, the Association may take any and all necessary or
appropriate action to effect repair and reconstruction of any damage to the Association-Insured Property, and no consent or other action by any Owner shall be necessary. Assessments of the
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Association shall not be abated during the period of insurance adjustments and repair and reconstruction.
Section 12.4 Funds for Repair and Reconstruction; Insufficient Funds. The proceeds
received by the Association from any hazard insurance carried by the Association shall be used for the purpose of repair, replacement, and reconstruction of the Association-Insured Property. If the proceeds of the Association's insurance are insufficient to pay the estimated or actual cost of such repair, replacement, or reconstruction, or if upon completion of such work the insurance
proceeds for the payment of such work are insufficient, the Association may, pursuant to Section
10.7, levy, assess, and collect in advance from the Owners, without the necessity of a special vote of the Owners, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair, replacement, or reconstruction.
Notwithstanding the foregoing or any contrary provision in this Article 12, in the event
that insurance proceeds are insufficient to pay the estimated cost of repair, replacement or reconstruction of the Association-Insured Property based on the estimate or estimates of the costs to complete same, then Owners representing at least sixty-seven percent (67%) of the total allocated votes in the Association (other than Declarant) and sixty-seven percent (67%) of all
directly adversely affected Owners may agree in writing not to repair and reconstruct the
damaged improvements or may adopt a plan for the construction of alternative improvements. Any Association-Insured Property not reconstructed shall be restored to its natural state and maintained by the Association in a neat and attractive condition. Any remaining insurance proceeds shall be distributed in accordance with the Act.
Section 12.5 Disbursement of Funds for Repair and Reconstruction. The insurance
proceeds held by the Association and the amounts received from the Special Assessments provided for above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the
Special Assessments. If there is a balance remaining after payment of all costs of such repair and
reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as Special Assessments, then in equal shares per Residential Unit.
Section 12.6 Repairs. All repairs and reconstruction contemplated by this Article shall be performed substantially in accordance with this Declaration, the Plat of the Community and
the original plans and specifications for the Community, unless other action is approved by the
Association in accordance with the requirements of this Declaration and the other Association Documents.
Section 12.7 Notice of Damage or Destruction. In the event that any portion of the Community is substantially damaged or destroyed by fire or other casualty, then written notice of
the damage or destruction shall be given by the Association to each Owner and First Mortgagee
of the affected Units within a reasonable time following the event of casualty damage.
ARTICLE 13 CONDEMNATION
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Section 13.1 Rights of Owners. Whenever all or any part of the Common Area shall be
taken by any authority having power of condemnation or eminent domain or whenever all or any
part of the Common Area is conveyed in lieu of a taking under threat of condemnation by the Executive Board acting as attorney-in-fact for all Owners under instructions from any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking or conveying. The Association shall act as attorney-in-fact for all Owners in the
proceedings incident to the condemnation proceeding, unless otherwise prohibited by law.
Section 13.2 Partial Condemnation; Distribution of Award; Reconstruction. The award made for such taking shall be payable to the Association as trustee for those Owners for whom use of the Common Area was conveyed and, unless otherwise required under the Act, the award shall be disbursed as follows:
13.2.1 If the taking involves a portion of the Common Area on which
improvements have been constructed, then, unless within sixty (60) days after such taking Declarant and Owners who represent at least sixty-seven percent (67%) of the votes of all of the Owners shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Area to the extent lands are available for
such restoration or replacement in accordance with plans approved by the Executive Board. If
such improvements are to be repaired or restored, the provisions in Article 12 above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any improvements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such
restoration or replacement is completed, then such award or net funds shall be distributed in
equal shares per Residential Unit among the Owners.
Section 13.3 Complete Condemnation. If all of the Property is taken, condemned, sold, or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, and the portion of the condemnation award attributable to the
Common Area shall be distributed as provided in Section 12.5 above.
Section 13.4 Notice of Condemnation. In the event that any portion of the Community shall be made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then timely written notice of such condemnation shall be given by the Association to each Owner and First Mortgagee.
ARTICLE 14 EXPANSION AND WITHDRAWAL Section 14.1 Reservation of Expansion and Withdrawal Rights.
14.1.1 Declarant reserves the right for itself and any Successor Declarant to
subject all or any part of the Expansion Property to the provisions of this Declaration and thereby
expand the Property to include up to a maximum of seventy-eight (78) Residential Units and to expand the Common Area.
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14.1.2 Subject to those restrictions set forth in Section 38-33.3-222 of the Act, Declarant reserves the right for itself and any Successor Declarant at any time and from
time to time to subject unspecified real property to the Community and the provisions of this
Declaration.
14.1.3 Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to withdraw from the Community and from the provisions of this Declaration any real property subjected to this Declaration by a duly recorded Supplemental
Declaration and, if necessary, Supplemental Plat prior to the time of a sale of a Residential Unit
comprising a portion of the real property described in said Supplemental Declaration and, if necessary, Supplemental Plat.
14.1.4 Supplemental Declarations and Supplemental Plats. Such expansion may be accomplished by the filing for record by Declarant in the Office of the Clerk and
Recorder for the County of Eagle, Colorado, of one or more Supplemental Declarations and, if
the real property being subject to this Declaration by such Supplemental Declaration has not been previously platted in a plat recorded in the Office of the Clerk and Recorder for the County of Eagle, Colorado, of a Supplemental Plat depicting such Expansion Property recorded concurrently with the applicable Supplemental Declaration. The Supplemental Declaration shall
set forth the Lots and other real property, if any, to be included in the expansion, together with
any covenants, conditions, restrictions and easements particular to such property. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Declarant may exercise such rights for expansion on all or any portion of the Expansion Property in whatever order of development Declarant in its sole discretion, determines. Declarant shall
not be obligated to expand the Community beyond the number of Residential Units initially
submitted to this Declaration.
Section 14.2 Expansion of Definitions. In the event of such expansion, the definitions used in this Declaration shall be expanded automatically to encompass and refer to the Property subject to this Declaration as so expanded. For example, "Residential Unit" shall mean the
Residential Units comprising part of the Property plus any additional Residential Units added by
a Supplemental Declaration or Declarations and, if necessary, Supplemental Plat or Plats, and reference to this Declaration shall mean this Declaration as supplemented. All conveyances of Residential Units shall be effective to transfer rights in the Property as expanded.
Section 14.3 Declaration Operative on New Lots.
14.3.1 The new Residential Units shall be subject to all of the terms and
conditions of this Declaration and of any Supplemental Declaration, upon placing the Supplemental Declaration(s) describing the Expansion Property and, if necessary, Supplemental Plat(s) of public record in the real estate records of the County of Eagle, Colorado.
14.3.2 It is contemplated that additional Residential Units on the Property
will be committed to this Declaration, but Declarant and any Successor Declarant shall have no
affirmative obligation to construct any additional Residential Units. In the event that a portion of the Expansion Property is submitted to the provisions of this Declaration, Declarant shall retain the right to, but shall not be obligated to, submit any additional portion of the Expansion
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Property to the provisions of this Declaration. The rights of Declarant and any Successor Declarant, as described herein, shall apply to all Residential Units which are added to this
Declaration in accordance with these provisions relating to enlargement thereof.
14.3.3 No rights of any character of any owner in Residential Units in the Expansion Property shall attach until a Supplemental Declaration and, if necessary, Supplemental Plat is filed of record annexing the Residential Units constructed in such area to the Community. Upon the recording of such Supplemental Declaration and, if necessary,
Supplemental Plat, the Residential Units constructed in the area shall be deemed to be governed
in all respects by the provisions of this Declaration.
Section 14.4 Effect of Expansion.
14.4.1 Upon the construction of additional Residential Units and their inclusion under this Declaration and the filing of the Supplemental Declaration(s) and, if
necessary, Supplemental Plat(s) thereof, the Sharing Ratio applicable to a Residential Unit shall
be adjusted among all of the Residential Units then subject to this Declaration on the basis of the formula set forth in Exhibit C below, as set forth in the Supplemental Declaration.
14.4.2 Notwithstanding any inclusion of additional Residential Units under this Declaration, each Owner (regardless of whether such Owner is the owner of a Residential
Unit shown on the original Plat or is the owner of a Residential Unit constructed in the
Expansion Property) shall remain fully liable with respect to his obligation for the payment of the Common Expenses of the Association, including the expenses for such new Common Area, costs and fees, if any. The recording of a Supplemental Declaration or Supplemental Plat shall not alter the amount of the Common Expenses assessed to a Residential Unit prior to such
recording.
Section 14.5 Termination of Expansion and Development Rights. The rights reserved to the Declarant for itself, its successors and assigns for the expansion and development of the Expansion Property ("Expansion and Development Rights") shall expire twenty (20) years from the date of recording this Declaration, unless the Expansion and Development Rights are (i)
extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever
terms, conditions, and limitations the Executive Board may impose on the subsequent exercise of the Expansion and Development Rights by Declarant.
ARTICLE 15 USE RESTRICTIONS
Section 15.1 Residential Use. All Units shall be used for residential dwelling purposes only, in conformity with all zoning laws, ordinances and regulations; provided, however, a Residential Unit may be used for business activities if, and only if, any such activity (a) is incidental to the Unit’s residential use and is lawful and complies with all zoning requirements
and other applicable laws and ordinances, (b) employs no outside employees, (c) is conducted
entirely within the Residential Unit, with no visible signage whatsoever, (d) is not detectable to any extent from outside the Residential Unit (or the Building) by sight, sound, smell or otherwise, (e) requires no parking or the physical presence of clients or customers and requires
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no repeated or continual delivery or shipping services, and (f) conforms to any rules and regulations adopted by the Board of Directors from time to time. Notwithstanding the foregoing,
Residential Units owned, leased or controlled by Declarant may be used as a sales office,
management office, rental management office, storage facility, and/or such other uses as may be permitted under the Act.
Section 15.2 Restrictions on Leasing; Prohibition on Timesharing. An Owner shall have the right to lease his or her Residential Unit upon such terms and conditions as the Owner
may deem advisable, subject to the following limitations and requirements (which limitations
and requirements shall similarly apply to any subleases by tenants of any Owner): No Owner shall lease or otherwise allow the occupancy of all or any portion of the Owner’s Residential Unit for any period of time equal to or less than thirty (30) days.
15.2.1 Compliance with Laws. Any lease, sub-lease or rental agreement
related to a Residential Unit must be in compliance with all laws, ordinances and regulations.
15.2.2 Prohibition on Timesharing. No Residential Unit may be used for the creation of “time share estates” as defined in C.R.S. § 38-33-110.
15.2.3 Owner and Tenant Liability. Any lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this
Declaration and all Association Documents (copies of which are to be furnished to the tenant of
the Residential Unit by the Owner thereof). Both the Residential Unit Owner and the tenant(s) shall be jointly and severally liable to the Association for any and all violations caused by said tenants. Leasing of a Residential Unit shall not relieve the Residential Unit Owner of his or her rights, responsibilities and obligations under this Declaration and other Association Documents,
including, but not specifically limited to, the duty to pay Assessments, and the same shall be as
fully enforceable as to such Unit Owner as though such Unit Owner were itself occupying such Unit.
Section 15.3 Conveyance of Units. All Residential Units, whether or not the instrument of conveyance or assignment shall refer to this Declaration, shall be subject to the covenants,
conditions, restrictions, easements, reservations, rights-of-way, and other provisions contained in
this Declaration, as the same may be amended from time to time.
Section 15.4 Use of Common Area and Residential Unit. There shall be no obstruction of the Common Area, nor shall anything be kept or stored on any part of the Common Area or the exterior of any Residential Unit by any Owner without the prior written approval of the
Association. Notwithstanding the foregoing, patio furniture, planters and other items appropriate
for use and display on rear patios and decks may be kept in those portions of the Residential Units designed for such uses, unless the Association requests that such items be moved or removed. Nothing shall be altered on, constructed in, attached to or removed from the Common Area by any Owner without the prior written approval of the Association.
Section 15.5 Prohibition of Increases in Insurable Risks and Certain Activities.
Nothing shall be done or kept in any Residential Unit or in or on the Common Area, or any part thereof, that would result in the cancellation of the insurance on all or any part of the Community
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or in an increase in the rate of the insurance on all or any part of the Community over what the Association, but for such activity, would pay, without the prior written approval of the
Association. Nothing shall be done or kept in any Residential Unit or in or on the Common Area
which would be in violation of any statute, rule, ordinance, regulation, permit, or other imposed requirement of any governmental body having jurisdiction over the Property. No damage to or waste of the Common Area shall be committed by any Owner, or by any member of the Owner's family, or by any guest, lessee, invitee, or contract purchaser of any Owner, and each Owner
shall indemnify and hold the Association and the other Owners harmless against all loss resulting
from any such damage or waste caused by him, the members of his family, or his guests, lessees, invitees, or contract purchasers. Failure to so indemnify shall be a default by such Owner under this Section, and such amount to be indemnified shall automatically become a Default Assessment determined and levied against such Residential Unit. At its own initiative or upon
the written request of any Owner (and if the Association determines that further action by the
Association is proper), the Association shall enforce the foregoing indemnity as a Default Assessment as provided in Sections 10.8, 10.9, and 10.10 above.
Section 15.6 Restriction on Signs. Except as otherwise provided in Section 15.13 and subject to applicable law, no signs or advertising of any kind shall be erected or maintained
anywhere within the Community, including, without limitation, signage advertising a Residential
Unit being for sale, rent or lease, except for those signs permitted by law or otherwise specifically approved by the Executive Board. For-sale signs shall generally be permitted by the Executive Board, subject to the regulation of same by the Executive Board, so long as they are affixed to the Building or placed in a window. Other permitted signs shall also be subject to
regulation by the Executive Board.
Section 15.7 Regulation of Pets. Subject to applicable law, and to the requirement that no more than two (2) dogs and two (2) cats may be permitted to be housed in any Resideial Unit at any time, the Executive Board shall have full and absolute authority to adopt and enforce rules and regulations related to animals and pets within the Community, including, without limitation,
the prohibition of animals or pets by tenants or of animals or pets deemed dangerous, exotic or a
threat to the well-being of people or other animals or otherwise being possessed of a disposition that is unreasonably annoying to other residents. Habitually barking, howling or yelping dogs shall be deemed a nuisance and shall be subject to permanent removal from the Community. No animals of any kind are allowed to be raised, bred or maintained for any commercial purpose.
The Executive Board has the right to determine in its sole discretion whether any animals are
being kept for commercial purposes or are being kept in violation of any of the rules and regulations adopted by the Executive Board with respect to animals. The Executive Board may take such action or actions as it deems reasonably necessary to correct any violation, including, after notice and the opportunity for a hearing as provided in the Responsible Governance Policies
of the Association, directing permanent removal of the animal(s) from the Community and/or the
imposition of fines during any period of violation.
Section 15.8 Nuisances and Unsightliness. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done or maintained thereon that may be or become an annoyance or nuisance to others, endanger the health or safety of other Owners,
violate the law or any other provision of this Declaration or the Association Documents, or
otherwise detract from the Community’s value as an attractive residential community. Subject to
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applicable law, the Executive Board shall have full and absolute authority to adopt and enforce rules and regulations related to nuisances, unsightliness and/or hazardous activities or conditions
within the Community, including, without limitation, the regulation or prohibition or storage,
trash receptacles, trailers and campers, sports equipment or improvements, exterior lighting and light bulb color, and other activities or items deemed unsightly or a nuisance by the Executive Board. The Executive Board may take such action or actions as it deems reasonably necessary to correct any violation, including, after notice and the opportunity for a hearing as provided in the
Responsible Governance Policies of the Association, directing permanent removal of the
offending item(s) from the Community and/or the imposition of fines during any period of violation.
Section 15.9 Antennas and Satellite Dishes. No satellite dishes, antennas and similar devices for the transmission or reception of television, radio, satellite or other signals of any kind
(hereinafter, a “Reception Device”) shall be permitted upon the exterior of any Residential Unit
or Building within the Community except as otherwise expressly provided herein and except with the express prior written consent of the Executive Board. In addition, subject to the review and prior written approval of the Executive Board with respect to the location, configuration and any potential negative impacts upon the Community arising from the same, any Unit Owner may
be permitted to locate a satellite dish on the exterior of the Residence so long as such satellite
dish is less than one meter (39.37") in diameter or diagonal measurement and is designed to receive direct broadcast satellite services, video programming services via multi-point distribution or television broadcast signals ("Permitted Devices"). Any such Permitted Devices so approved by the Executive Board pursuant to the foregoing shall be placed in the least
conspicuous location possible on the exterior of the Residence, shall be screened from view and
not visible from the street or neighboring Residential Units, all in a manner approved in writing by the Executive Board. This Section is intended to comply with the Telecommunications Act of 1996 and the rules and regulations promulgated by the Federal Communications Commission (FCC). Specifically, this Section is not intended to unreasonably delay or prevent installation,
maintenance or use of Permitted Devices, unreasonably increase the cost of installation,
maintenance or use of Permitted Devices, or preclude reception of an acceptable quality signal. In the event that any portion of this Section is found to violate such Act or any rule or regulation of the FCC the portion of this Section that is found to be in violation shall be stricken and the remaining provisions of this Section shall remain in full force and effect.
Section 15.10 Marijuana: The cultivation, processing, distribution, sale (including offer
for sale) of marijuana whether by an Owner or any family member, guest, tenant, agent, invitee or licensee of Owner is prohibited within the Community. For purposes of this Section, “marijuana” shall mean any part of the cannabis plant, whether dried, living, in seed or extract form, and whether or not incorporated into a topical, ingestible, edible or vaporized product, and
shall include synthetic cannabis.
Section 15.11 Hot Tubs and Spas. Due to the configuration of the Community and the location of the Residences within the Community, no exterior or outdoor hot tubs or spas are permitted within the Community except with the prior written approval of the Executive Board, and so long as located on any patio or deck and appropriately screened from view. Each Owner
specifically acknowledges and agrees that the Owner will not have any right to construct or
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install any exterior or outdoor hot tub or spa as part of the Owner’s Residence except with prior written approval of the Executive Board.
Section 15.12 Garages and Parking. Owners shall use their garages for vehicle parking
before using exterior, surface parking on the Owner’s Lot. Mobile homes, travel trailers, tent trailers, trailers, snowmobiles, golf carts, boats, boat trailers, tractors, detached campers, camper shells, snow removal equipment and garden or maintenance equipment shall be kept inside a garage at all times, except when in actual use and shall not be stored or temporarily parked in
any surface parking space including appurtenant Limited Common Area spaces. No inoperable
vehicles shall be stored in the Community, and no vehicular maintenance shall be performed in the Community except if conducted wholly within a Garage. The Association will control a limited amount of guest parking within the Community, which may be used by an Owner’s guests, subject to such regulations regarding use as may be adopted by the Association from time
to time. The Executive Board shall have the right and authority to adopt such reasonable and
consistently applied rules and regulations regarding parking within the Community that are not inconsistent with the terms of this Section.
Section 15.13 Declarant’s Exemption. Nothing contained in this Declaration shall be construed to prevent (i) the exercise by Declarant of any special declarant rights (as that term is
defined in the Act); or (ii) the erection or maintenance by Declarant or its duly authorized agents,
of temporary structures, trailers, improvements or signs necessary or convenient to the development, marketing or sale of property within the Community; provided, however, that Declarant shall comply with all applicable laws in the exercise of the rights in this Section.
ARTICLE 16
OTHER ASSOCIATION MATTERS AND OWNER ACKNOWLEDGEMENTS
Section 16.1 Architectural Control.
16.1.1 No exterior alteration (including change of color or exterior materials) or structural addition, attachment, change or alteration to any Residential Unit or its landscaping,
irrigation system or other exterior improvement (including, without limitation, the construction
of any additional skylight, window, awning, or door or the installation of any basketball hoop or sports equipment) shall be made until the plans and specifications showing the nature, kind, shape, height, color, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Executive Board.
The alterations and changes described in this Section shall also be in compliance with all applicable zoning and other laws, rules, and regulations. 16.1.2 After receiving the approval of the Executive Board, the Owner
required to obtain such approval shall thereafter obtain all other approvals as may be required by
any governmental or quasi-governmental body having jurisdiction over the Property.
Section 16.2 General Reservation. Subject to any applicable restrictions under the Act, Declarant reserves the right to dedicate any access roads, streets and/or sidewalks serving the
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Community for and to public use and to allow such improvement to be used by owners of adjacent land.
Section 16.3 No Use of Trademark. The term “Hidden Valley Estates”, is a service
mark and trade name of Declarant. Each Owner, by accepting a deed to a Unit, covenants and agrees that such Owner shall not use the term “Hidden Valley Estates” without the prior written permission of Declarant.
Section 16.4 Acknowledgements. Each Owner is hereby advised of, and acknowledges
and understands, the following matters affecting the Community and the Owners' use and
enjoyment thereof:
16.4.1 Other Properties. Each Owner acknowledges and accepts that other properties are located adjacent to and in the general vicinity of the Community (the “Other Properties”) and that the Other Properties may be developed pursuant to the land uses permitted
by the applicable zoning ordinances, as well as any other governmental rules, regulations, or
policies in effect now or in the future which are applicable to the Other Properties (collectively, the “Ordinances”). Neither Declarant nor Declarant’s employees, agents, officers, directors and affiliates make any representations concerning the planned uses of the Other Properties. Each Owner further acknowledges and accepts that the zoning for the Community and the Other
Properties is established and governed by the Ordinances. Any amendment of those Ordinances
requires approval of the applicable governmental body. By executing this Declaration, each Owner acknowledges that Owner has not relied upon any statements or representations regarding the Community or the Other Properties, including, without limitation, any representations made by Declarant or any agents or employees of Declarant or any real estate agency or any agent,
except for those statements and representations expressly set forth in this Declaration.
16.4.2 No Environmental Representation. Each Owner acknowledges and agrees that Declarant has not made, and Declarant hereby specifically disclaims, any warranty or representation concerning any geological or environmental matters pertaining to the Property, the Residence or the Community.
16.4.3 No Interest in Amenities. No interest in or right to use any amenity
located near the Community, such as swimming pools, spas, workout facilities, club facilities, concierge services or the like, shall be conveyed to any Owner pursuant to this Declaration. The owners of those facilities, if any, shall have the right, in their sole discretion, to remove, relocate, discontinue operation of, restrict access to, charge fees for the use of, sell interests in or
otherwise deal with such assets in their sole discretion without regard to any prior use of or
benefit to Owners.
16.4.4 Declarant’s Disclosure Regarding Activities. Each Owner is hereby advised of and Declarant hereby discloses the following matters affecting the Community:
16.4.4.1 Construction Activities. Hidden Valley Estates is located in an
area that is subject to or near ongoing construction activities (collectively, the “Construction
Activities”). The Construction Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Construction Activities may include,
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without limitation: (a) construction traffic (including, without limitation, construction vehicles, equipment and vehicles used or owned by Declarant, its affiliates, adjacent landowners, and the
employees, agents and contractors of any of them); and (b) construction activities (including,
without limitation, grading, excavation, clearing, site work, relocation of roadways and public utilities and construction of improvements) relating to nearby properties, or the Mountain Recreational Areas.
16.4.4.2 Commercial Activities. A variety of commercial activities (the
“Commercial Activities”) are and may be conducted nearby and adjacent to the Community (the
“Commercial Activity Areas”). The Commercial Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Commercial Activities may include, without limitation: (a) public use of and access to the adjacent properties in patronage of businesses located therein; (b) manufacturing and industrial
noise and related disturbances; (c) the installation, operation and maintenance of illuminated and
non-illuminated signage; and (d) any other uses or activities permitted by law.
16.4.4.3 Waiver and Release. Each Owner acknowledges that the Construction Activities and the Commercial Activities, and the impacts and disturbances generated by the Construction Activities and the Commercial Activities, may occur in and
around the Community, and may occur during daytime and nighttime and may be temporarily or
permanently interrupted, discontinued or modified, in whole or in part, from time to time. Each Owner agrees that Owner will not have the right to object to the existence, occurrence, or the temporary or permanent interruption, discontinuance or modification of the Construction Activities or the Commercial Activities and such impacts and disturbances, or the
reconfiguration of the Commercial Activity Areas.
16.4.5 Nuisance Disclaimer. Each Owner acknowledges that living in a multi-unit building and/or living in close proximity to other residences entails living very close to other persons, businesses and commercial activities with attendant limitations on solitude and privacy. Each Owner may hear noise from adjacent Residential Units within the Community and
surrounding properties, including but not limited to, noises from residents and pets of other
Residential Units and from showers, bathtubs, sinks or other plumbing fixtures and other sources of running water. Each Owner may also experience light entering the Owner’s Residence from street lighting, commercial lighting, LED signs and displays, and other lighting in the vicinity of the Community. Each Owner releases Declarant from any and all claims arising from or relating
to the presence of noise and light in and about the Community and the Owner’s Residential Unit.
16.4.6 No View Easement. Notwithstanding any oral, written, or other representation made to each Owner to the contrary by Declarant, any real estate agency or any broker, agent, employee or representative of Declarant, or any other person, and by taking title to a Residential Unit each Owner acknowledges and agrees, there is no easement or other right,
express or implied, for the benefit of Owner for light, view or air included in or created by this
Declaration, or as a result of owning a Residential Unit. Each Owner acknowledges and agrees that any view, sight lines, or openings for light or air available from Hidden Valley Estates, may be blocked or altered in whole or in part in the future by virtue of natural or unnatural causes, including but not limited to future construction or expansion of commercial or residential
buildings or facilities, or by natural (including, but not limited to, disease or insects such as pine
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beetles) or unnatural loss or alteration of vegetation or mountain slopes. DECLARANT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES,
OBLIGATIONS OR LIABILITIES CONCERNING EASEMENTS OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, FOR LIGHT, AIR, OR VIEW IN HIDDEN VALLEY ESTATES; EACH OWNER HEREBY ACCEPTS SUCH DISCLAIMER, AND AGREES THAT DECLARANT AND ITS AFFILIATES WILL NOT HAVE ANY OBLIGATION OR LIABILITY FOR, AND WAIVES ANY CLAIM AGAINST
DECLARANT OR ITS AFFILIATES, AND THEIR CONTRACTORS OR AGENTS, RELATED TO, ANY LOSS OF LIGHT, AIR, OR VIEW THAT MAY AFFECT HIDDEN VALLEY ESTATES.
ARTICLE 17 DECLARANT'S RIGHTS REGARDING TRANSFER
Any right or any interest reserved or contained in this Declaration for the benefit of Declarant may be transferred or assigned by Declarant, either separately or with one or more other such rights or interests, to any person, corporation, partnership, association or other entity, by written instrument executed by both Declarant and the transferee or assignee and recorded in
the Office of the Clerk and Recorder of the County of Eagle, Colorado. Upon such recording,
Declarant's rights and obligations under this Declaration shall cease and terminate to the extent provided in such instrument. ARTICLE 18
ALTERNATIVE DISPUTE RESOLUTION
Section 18.1 Agreement to Avoid Litigation. The Declarant, the Association, its officers, directors and committee members, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who agrees to submit to this Article
(collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving
the Project, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees that those claims, grievances or disputes described herein ("Claims") shall be resolved using the procedures set forth below in lieu of filing suit in any court.
Section 18.2 Claims. Unless specifically exempted below, all claims, grievances or
disputes arising out of or relating to the interpretation, application or enforcement of the
Association Documents, or the rights, obligations and duties of any Bound Party under the Association Documents shall be subject to the provisions of this Section.
18.2.1 Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of this Article:
18.2.1.1 Any suit by the Association against any Bound Party to enforce
the provisions of Article 8 (Assessments).
18.2.1.2 Any suit by the Association to obtain a temporary restraining order (or equivalent emergency equitable relief) and such other ancillary relief as the court may
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deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the architectural standards and use restrictions and rules;
18.2.1.3 Any suit between Owners, which does not include Declarant or
the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Association Documents;
18.2.1.4 Any suit in which any indispensable party is not a Bound Party; and
18.2.1.5 Any suit as to which any applicable statute of limitations would
expire within 180 days of giving the notice required below.
Section 18.3 Mandatory Procedures.
18.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in
writing (the "Notice"), stating plainly and concisely:
18.3.1.1 The nature of the Claim, including the Persons involved and Respondent’s role in the Claim;
18.3.1.2 The legal basis of the Claim (i.e., the specific authority out of which the Claim arises);
18.3.1.3 Claimant's proposed remedy; and
18.3.1.4 That Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim.
18.3.2 Negotiation and Mediation.
18.3.2.1 The Parties shall make every reasonable effort to meet in
person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Executive Board may appoint a representative to assist the Parties in resolving the dispute by negotiation.
18.3.2.2 If the Parties do not resolve the Claim within thirty (30) days of
the date of the Notice (or within such other period as may be agreed upon by the Parties)
("Termination of Negotiations"), Claimant shall have thirty (30) additional days to submit the Claim to mediation under the auspices of a reputable and knowledgeable mediation group providing such services in Eagle County, or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in the Eagle County, Colorado, area.
18.3.2.3 If Claimant does not submit a claim to mediation within thirty (30) days after Termination of Negotiations, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any
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and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any person other than the Claimant.
18.3.2.4 Any settlement of the Claim through mediation shall be
documented in writing by the mediator. If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that the mediation was to be mediated.
18.3.2.5 Within five (5) days of the Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall
constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer,
Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer.
18.3.3 Final and Binding Arbitration.
18.3.3.1 If the Parties do not agree in writing to a settlement of the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen
(15) additional days to submit the Claim to arbitration in accordance with the rules of arbitration
as may be required by the agency providing the arbitrator. If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge
Respondent from any liability to persons other than Claimant.
18.3.3.2 This subsection is an agreement to arbitrate and is specifically enforceable under the applicable arbitration laws of the State of Colorado. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the State of Colorado.
18.3.4 Allocation of Costs of Resolving Claims.
18.3.4.1 Subject to Section __4(b), each Party shall bear its own costs, including any attorneys' fees incurred, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs").
18.3.4.2 Any Award, which is equal to or more favorable to Claimant
than Claimant's Settlement Demand, shall add Claimant's Post Mediation costs to the Award, such costs to be borne equally by all Respondents. Any Award, which is equal to or less favorable to Claimant than any Respondent's Settlement Offer, shall award to such Respondent its Post Mediation Costs.
18.3.5 Enforcement of Resolution. After resolution of any Claim, if any
Party fails to abide by the terms of any agreement or Award, then any other Party may file suit or
- 39 -
initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in this Article. In such event, the Party taking action
to enforce the agreement or Award shall be entitled to recover from the non-complying Party (or
if more than one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award including, without limitation, attorneys' fees and court costs.
Section 18.4 Claim for Damages. Damages alleged or awarded in connection with a Claim shall be limited to actual damages. No punitive, consequential or other damages shall be
alleged or awarded.
ARTICLE 19 MISCELLANEOUS Section 19.1 Restriction on Declarant Powers. Notwithstanding anything to the
contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time
limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act.
Section 19.2 Term. The covenants and restrictions of this Declaration shall run with
and bind the land in perpetuity, subject to the provisions of this Declaration and the termination
provisions of the Act.
Section 19.3 Amendment. The provisions of this Declaration may be amended or terminated, in whole or in part, from time to time, upon approval of Owners representing sixty-seven percent (67%) or more of the total voting interest in the Association at a meeting of the
Owners called for that purpose or by written consent; provided, however, any proposed
amendment to this Declaration which affects any right of Declarant shall require the prior written approval of Declarant, in addition to the approval requirements otherwise set forth herein, including, without limitation, in the manner provided in Section 18.8 above. In addition, a majority of the voting Directors of the Executive Board may make, without the approval of the
Owners, changes to any Association Documents to the extent necessary to correct a factual error.
Section 19.4 Unilateral Amendment Rights Reserved by Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration to the fullest extent permitted under the Act including, without limitation, to correct clerical, typographical or technical errors, or to
comply with the requirements, standards, or guidelines of recognized secondary mortgage
markets, the Department of Housing and Urban Development, the Federal Housing Administration, the Veterans Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or the Federal National Mortgage Association.
Section 19.5 Recording of Amendments. Any amendment to this Declaration must be
executed by the President of the Association and recorded in the Office of the Clerk and
Recorder of the County of Eagle, Colorado, and approval of such amendment may be shown by attaching a certificate of the Secretary of the Association to the recorded instrument certifying
- 40 -
the approval of a sufficient number of Owners of the amendment or that no approval of the Owners was necessary.
Section 19.6 Enforcement. Enforcement of the covenants, conditions, restrictions,
easements, reservations, rights-of-way, liens, charges, and other provisions contained in this Declaration, the Articles, the Bylaws, and the rules and regulations of the Association, all as amended, shall be by any proceeding pursuant to Article 18 of this Declaration to the extent required by the terms of this Declaration, or otherwise at law or in equity, against any person or
persons, including the Association, violating or attempting to violate any such provision. The
Association and any aggrieved Owner shall have the right to institute, maintain, and/or prosecute any such proceedings, and the Association shall further have the right (after notice and an opportunity to be heard) to levy and collect fines for the violation of any provision of the aforesaid documents. In any action instituted or maintained under this Section, the prevailing
party shall be entitled to recover its costs and reasonable attorneys' fees incurred pursuant
thereto, as well as any and all other sums awarded under Article 18 or by the Court, as applicable.
Section 19.7 Severability. Invalidation of any of the covenants, restrictions or other provisions contained in this Declaration by judgment or court order shall in no way affect or
limit any other provisions which shall remain in full force and effect.
Section 19.8 Conflict of Provisions. In case of any conflict between this Declaration and the Articles or the Bylaws, this Declaration shall control. In case of any conflict between the Articles and the Bylaws, the Articles shall control.
Section 19.9 Nonwaiver. Failure by Declarant, the Association, or any Owner or First
Mortgagee to enforce any covenant, condition, restriction, easement, reservation, right-of-way,
or other provision contained in this Declaration shall in no way or event be deemed to be a waiver of the right to do so thereafter.
Section 19.10 Number and Gender. Unless the context provides or requires to the contrary, the use of the singular herein shall include the plural, the use of the plural shall include
the singular and the use of any gender shall include all genders.
Section 19.11 Captions. The captions to the Articles and Sections and the Table of Contents at the beginning of this Declaration are inserted only as a matter of convenience and for reference, and are in no way to be construed to define, limit or otherwise describe the scope of this Declaration or the intent of any provision of this Declaration.
Section 19.12 Exhibits. All the Exhibits attached to and described in this Declaration are
incorporated in this Declaration by this reference.
Executed as of the date first written above.
LEGACY MOUNTAIN DEVELOPMENT LLC, a
Colorado limited liability company
- 41 -
By: ____________________________________
By:
Name: Title:
STATE OF COLORADO ) )ss. COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of _____________,
20____, by _________________________, as ________________________ of Legacy Mountain Development LLC, a Colorado limited liability company. Witness my hand and official seal.
My commission expires:
Notary Public
JOINDER OF LIENOR
The undersigned, beneficiary under the Deed of Trust recorded on ________________ at Reception No. ________________ in the Office of the Clerk and Recorder of the County of Eagle, Colorado, as amended and supplemented from time to time (the "Deed of Trust"), for itself and its successors and assigns, approves the foregoing Declaration of Covenants,
Conditions, Restrictions and Easement for Hidden Valley Estates, affecting a portion of the
Property encumbered by the Deed of Trust, and agrees that no foreclosure or other enforcement of any remedy pursuant to the Deed of Trust shall impair, invalidate, supersede or otherwise affect the covenants, conditions, restrictions and easements established by that Declaration.
________________ By:
Title:
STATE OF COLORADO ) ) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this _____ day of _______________ 201____, by ______________________________ as ________________ of ________________, a ________________.
WITNESS my hand and official seal. My commission expires ___________________. [SEAL]
Notary Public
A-1
EXHIBIT A
Property Description [DISCUSS]
LOTS _______, ACCORDING TO THE FINAL PLAT FOR HIDDEN VALLEY ESTATES, MOUNTAIN STAR FILING NO. 3, TRACT Y, RECORDED __________________, 202__ AT RECEPTION NO. 202___________________ COUNTY OF EAGLE, STATE OF
COLORADO.
B-1
EXHIBIT B
Expansion Property [DISCUSS]
C-1
EXHIBIT C
Sharing Ratios [HERE EQUAL – COULD GO BY SQUARE FOOTAGE] Each Residential Unit's undivided interest in the Common Area is an equal allocation among all Residential Units, represented by a fraction, the numerator of which is one, and the denominator
of which is the number of Residential Units subject to the Declaration from time to time.
D-1
EXHIBIT D
Easements and Licenses of Record [CONFIRM NO NEW EXCEPTIONS. THESE FROM TITLE POLICY DATED 4/21/2021] The recording data for the recorded easements and licenses appurtenant to, or included in,
the Property and or to which the Property is or may become subject, is as follows (with recording
information referring to the real property records of the County of Eagle, Colorado): RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED
MARCH 11, 1996, IN BOOK 689 AT PAGE 728.
TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED MAY 15, 1996 IN BOOK 694 AT PAGE 513.
TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED
JUNE 20, 1996 IN BOOK 698 AT PAGE 6. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE FINAL PLAT, MOUNTAIN STAR FILING NO. 3 RECORDED JANUARY 23, 1997 IN
BOOK 717 AT PAGE 2.
TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN RIGHT OF WAY RECORDED SEPTEMBER 17, 1964 IN BOOK 183 AT PAGE 407.
ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE DATED MARCH 12, 2021 AND CERTIFIED MARCH 24, 2021 PREPARED BY GORE RANGE SURVEYING, LLC, JOB #19-1199 SAID DOCUMENT STORED AS
OUR IMAGE 33049513
A) DIRT TRAIL CROSSING THE SUBJECT PROPERTY AND EXTENDING OVER THE SOUTHERLY BOUNDARY OF THE LAND B) INCORRECT PATENT REFERENCE ON ELECTRIC EASEMENT SHOWN AS BOOK 633 PAGE 501 (PATENT FOR THE SUBJECT PROPERTY IS BOOK 689 PAGE 728)
ATTACHMENT D
•RESOLUTION 23-10
Res 23-10- Preliminary Plan & Subdivision Final Plat – TY Hidden Valley Estates Page 1 of 2
RESOLUTION 23-10
APPROVING A PRELIMINARY SUBDIVISION APPLICATION FOR MOUNTAINSTAR FILING 3, TRACT Y HIDDEN VALLEY ESTATES
WHEREAS, Steve MacDonald, owner of property described as Mountain Star Subdivision, Filing
3, Tract Y, submitted a Preliminary (Major) Subdivision application (“Application”) and Final Plat to subdivide the property into fifty-three (53) new lots and associated comment elements; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major
Subdivision, requiring a Preliminary Plan and Final Plat review pursuant to Avon Municipal Code
section 7.16.070(c); and WHEREAS, the Avon Planning and Zoning Commission held a Public Hearing for the Application on the May 16, 2023 and adopted written findings of fact and a record of decision on
June 6, 2023, recommending conditional approval of the Application; and
WHEREAS, the Avon Town Council held public hearings on May 23, 2023 and _____, and after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff and the PZC prior to deciding on the Application; and
WHEREAS, pursuant to Avon Municipal Code section 7.16.070(e) the Town Council has
considered the applicable review criteria for a Preliminary (Major), and found the Application in general compliance with the review criteria; and
WHEREAS, pursuant to Avon Municipal Code section 7.16.070(f) the Town Council has considered the applicable review criteria for a Final Plat, and found the Application in general
compliance with the review criteria;
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council approves the Application for Mountain Star Subdivision Filing 3, Tract Y, Hidden Valley Estates, with the following conditions:
1. Engineering approval for the site access, installation of utilities, and drainage struc-
tures shall be required prior to the issuance of a building permit.
2. Utility Verification and or any agreements with the ERWSD are required prior to the recording of the Final Plat. 3. Community Housing Deed Restrictions are required to be in place prior to closing on any unit.
4. All deed restrictions are subject to approval and annual compliance review by the
Res 23-10- Preliminary Plan & Subdivision Final Plat – TY Hidden Valley Estates Page 2 of 2
Town of Avon, unless enacted by an outside housing authority. 5. The executed Final Plat and the Declarations and Covenants must be reviewed and
approved by Staff prior to recording.
6. PIA and final Development Agreement shall be finalized prior to recording the Final Plat. 7. The Final Plat must be executed prior to the issuance of the initial construction permit (e.g., grading or building permit).
8. The Applicants shall participate in any studies or similar in conjunction with the
Town of Avon concerning future pedestrian or public transportation improvements, relative to this project location.
ADOPTED this day of 2023. AVON TOWN COUNCIL
By: ______________________________ Attest: _______________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
970-390-2014 ewilson@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Joe Gillis, Town Arborist;
Jessie Sipkovsky, Town Master Gardener
RE: Three Health and Plantings on Avon Rd and Town Hall Update
DATE: May 19, 2023
SUMMARY: This report provides a quick update on tree health and replacement plantings on Avon Rd and
the demonstration garden planned for the Town Hall. The Town Arborist assessed the health of the trees
on Avon Rd and recommends the removal and replacement of the following trees. In addition, the Town
Master Gardener will be showcasing Avon’s first demonstration garden at the Town Hall.
A comprehensive landscape and Tree plan work session is planned for June 2023.
TREE HEALTH AND REPLACEMENT PLANT ON AVON RD:
Removal Site Plan
#1 #2
Page 2 of 3
# 1) Remove spruce tree and replace with bristlecone pine or rocky mountain Juniper.
# 2) Remove two spruce trees and replace with pinion pine, bristlecone pine, rocky mountain Juniper or
autumn blaze serviceberry.
#3 #4
#3) Remove spruce tree and grass, replace with perennial shrubs and mulch.
#4) Remove spruce tree and replace with 3 bristlecone pines or 2 autumn blaze service berries.
Page 3 of 3
#5
#5) Remove spruce tree and redesign concrete retaining wall for better drainage.
Thank you, Joe, Jessie
ATTACHMENT A: Town Hall Demonstration Garden Presentation
Town Hall Demonstration Garden
Town Hall Demonstration Garden
May 23, 2023
Jessie Sipkovsky
Master Gardener
Attachment A
Town Hall Demonstration Garden
Schedule:
•Contract irrigation installation of new clock wiring, new zone valve & sleeves
•Contract asphalt and concrete replacement or boring
•Start bed mulch removal and soil amendments when snow clears and
ground warms (April-June weather dependent)
•Plant mid June (weather/frost dependent)
Town Hall Demonstration Garden
Irrigation:
Currently: None
Project:
•Install new valve in existing
irrigation box @VB
•Cut through asphalt path and
concrete sidewalk to connect
to bed.
•Install Netafim dripline
VB
Town Hall Demonstration Garden
Soil Amendments:
•Relocate current mulch to a different bed
•Till ~12” deep
•Add ~20% by volume compost
•Add ~10% by volume charged biochar
•Add ~10% by volume biosolids
•Till to ensure mixed with existing soil
Town Hall Demonstration Garden
Town Hall
Front Doors
Town Hall
Mall Exit
enlarged
Notice Board
Parking sign Educational Sign Light PoleCurrant
RudbeckiaTown Hall Demonstration Garden
Columbine Hollyhock Rudbeckia
Gaillardia
Oriental Poppy
Yarrow Daylily
Catmint
DianthusCreeping Phlox
Bearded Iris
Sedum
Tulip
AjugaIce Plant
Aster Daffodil Penstemon
Title of Presentation
41
12 814
357
13
2
10 1198
6
1-Sedum
2-Dianthus
3-Ajuga
4-Ice Plant
5-Gaillardia
6-yarrow
7-Penstemon
8-Daylily
9-Iris
10-Columbine
11-Black eyed Susan
12-Hollyhock
13-Poppy
14-Catmint
15-Bulbs (Tulip, Daffodil, Hyacinth, Crocus, Allium)
15
15
15 15
15
15
15
970-748-4134 jhorsley@avon.org
TO: Honorable Mayor Amy Phillips and Council Members
FROM: Eva Wilson, Public Works Director
Jim Horsley, Project Engineer
RE: Resolution No. 23-11, Approving Easement Agreement for
Construction and Maintenance of Drainage Improvements
at Westgate Plaza, 1060 West Beaver Creek Boulevard
DATE: May 17, 2023
SUMMARY: This report presents Resolution No. 23-11, approving an easement with Westgate Association,
for construction and maintenance of storm drainage facilities at Westgate Plaza, 1060 West Beaver Creek
Boulevard.
DISCUSSION: In December 2022 while the West Beaver Creek Boulevard Asphalt Overlay Project was
advertised for bids, the Engineering Department was contacted by the property manager for the Westgate
Plaza Complex (Southeast Corner of West Beaver Creek Blvd at US6) regarding a persistent drainage
issue in their parking lot. Upon investigation, it was determined that an historical culvert under US6 drains
to the parking lot and inundates the existing private infiltration drainage system, flooding the parking lot and
creating ice dams. We subsequently reviewed the Westgate development file and infrastructure drawings
and found the following:
The Westgate Site Drainage Plan Dated October 3, 1994, included with the original development
application accommodates drainage from the preexisting US6 culvert by channeling the runoff into
roadside ditches within the US6 and West Beaver Creek Boulevard Right-of Ways north to the
Eagle River.
The Westgate Site Drainage Plan Dated October 3, 1994, includes the use of infiltration storm
drainage structures to accommodate surface runoff from the parking lot. Infiltration drainage
systems collect runoff and directs the runoff into underground structures that percolate the water
into the ground.
In 2000, the Town installed sidewalks within the West Beaver Creek Boulevard Right-of-Way in
place of the roadside ditches. Drainage from the US6 culvert is now diverted through the Westgate
parking lot into the infiltration basin. The infiltration basin is not large enough to handle the
additional water discharged from the US6 culvert causing periodic flooding and winter icing.
A plan to extend the stormdrain from the proposed water quality structure near the Eagle River Bridge
south to Westgate Plaza was developed and Council approved issuance of Notice of Award for the West
Beaver Creek Boulevard Asphalt Overlay Project (Including Stormdrain Extension) contract to 360 Paving
LLC, on February 14, 2023. This drainage easement is required for construction and maintenance of
drainage facilities to resolve the persistent drainage issue in the parking lot. Town Staff has the specialized
equipment necessary to periodically clean stormdrain infrastructure.
FINANCIAL CONSIDERATIONS: Westgate Association is not requiring payment for granting the
easement agreement.
RECOMMENDATION: I recommend Council approve Resolution No. 23-11, Approving Easement
Agreement for Construction and Maintenance of Drainage Improvements at Westgate Plaza, 1060 West
Beaver Creek Boulevard.
Page 2 of 2
PROPOSED MOTION: “I Move to approve Resolution No. 23-11, Approving Easement Agreement for
Construction and Maintenance of Drainage Improvements at Westgate Plaza, 1060 West Beaver Creek
Boulevard.”
Thank you, Eva
Attachment A: Resolution No. 23-11 Approving Easement Agreement for Construction and Maintenance
of Drainage Improvements at Westgate Plaza
Attachment B: Easement Agreement
Resolution – 2023 - 11 May 23, 2023 Page 1 of 1
RESOLUTION 23-11
APPROVING EASEMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF DRAINAGE IMPROVEMENTS AT WESGATE PLAZA, 1060 WEST BEAVER CREEK BLVD, BENCHMARK AT BEAVER CREEK SUBDIVISION
WHEREAS, the Avon Town Council has determined that the construction of drainage
facilities will improve the public safety, will improve Town government operations, and will
promote the goals of the Avon Comprehensive Plan;
WHEREAS, the construction project will require a permanent easement and Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire
and hold real property; and
WHEREAS, the Town Council finds that approval of the attached easement and authorization to negotiate, revise and finalize the permanent easement required for Town of Avon drainage facilities will promote the health, safety, prosperity, convenience and general welfare of the Avon community by facilitating the construction of such facilities.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES as follows:
1. The form of the Easement Agreement which is attached to this Resolution as Exhibit A are approved and the Mayor and Mayor-Pro Tem are authorized to execute such easements.
2. The Avon Town Council hereby authorizes the Town Manager and Town Attorney to negotiate, revise and finalize the Easement Agreement.
3. The Mayor and Mayor-Pro Tem are authorized to execute the easement for the Town of
Avon which are reviewed and approved by the Town Attorney and Town Manager.
By: Attest: ___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
DEED OF EASEMENT
THIS DEED OF EASEMENT (“Easement Deed”) is made this 23rd day of May, 2023 between Westgate Association, a Colorado Nonprofit Corporation (“Owner”), whose legal mailing address is PO Box 8690, Avon, CO 81620, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620.
WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of TEN DOLLARS ($10.00), and other good and valuable consideration in hand paid by the Town to
the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby
grants, sells and conveys to the Town, its successors and assigns, an exclusive perpetual easement and right-of-way (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, public roadway improvements, including all underground, surface and streetscape appurtenances thereto, and to improve and
maintain a suitable slope or grade, together with a right-of-way for access on, along, and in all
of the hereinafter described Easement across those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado, such lands and easement area being described more fully on EXHIBIT A attached hereto and by this reference made a part hereof.
2. The Owner further grants to the Town:
(a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any
improvements, slopes and grades, or other structures constructed hereunder with any other number or type of utility facilities, slopes and grades, or other structures either in the original location or at any alternate location or locations within the Easement; provided that such enlargement, improvement, reconstruction, relocation and replacement as
aforesaid shall not interfere with any reasonable use Owner shall make of the Easement
area;
(b) the right to grant licenses and franchises to common utility providers in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility providers in other Town right-of-ways;
(c) the right to conduct all activities within the Easement area which a municipality may
lawfully conduct within public right-of-ways, including but not limited to enforcement of municipal traffic code and parking code provisions and application of street access standards; and,
(d) the right to mark the location of the Easement by suitable markers set in the ground;
provided that permanent markers shall be placed in locations which will not interfere with
any reasonable use Owner shall make of the Easement area.
3. Owner reserves the right to use the Easement area for purposes which will not interfere with
Town’s full enjoyment of the rights hereby granted upon 72-hours advance written request to
the Town. The parties further agree that the Owner’s use of the Easement area shall be subject to the following restrictions and conditions:
(a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or materially add to the
ground level, or allow the installation of utilities not already in place, in the Easement area
without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed.
(b) Owner shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and
appurtenances within the Easement area without obtaining the specific written permission
of the Town, which permission shall not be unreasonably withheld, conditioned or delayed.
(c) Owners shall take no action nor shall otherwise permit any activity, event, or permanent or temporary structure which interferes with the movement of pedestrian, non-motorized or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and
other lawful purposes within the Easement area in which the Town may use right-of-ways
generally.
(d) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or by any person in privy with it, such violation shall be corrected and eliminated immediately upon receipt of notice from Town, and, in the alternative, Town shall have the right to
correct and eliminate such violation, and the Owner, or its successors and assigns, shall
promptly pay the reasonable and actual cost thereof.
(e) Owner agrees to defend and hold harmless the Town for any damages or claims arising from Owner’s or Owner's employees, contractors, representatives, or agents' activities or the activities of any other person acting on behalf of Owner within the Easement area.
4. Town agrees that plans for construction of any improvements within the area of the Easement
will be provided to Owner prior to commencement of construction. Town agrees to hold Owner harmless from any damages caused by negligent acts of the Town during construction, operation and maintenance improvements, and for any damages or claims arising from Town’s activities within the Easement area. Except as otherwise provided herein, nothing in this
Easement Deed shall be construed to waive, limit, or otherwise modify any governmental
immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it
nor its employees, agents, contractors or representatives shall dispose of, generate,
manufacture, release or store environmentally hazardous substances on or about the Easement area.
5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement area to liens of any kind, including,
but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In
the event the Easement area or the balance of Owner’s property becomes subject to any such
Liens directly or indirectly through the action or inaction of the Town, its employees, agents,
contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Deed, at law, or equity.
6. The Town shall insure the Easement area and include the same in its commercial general
liability policies, which policies shall be maintained in commercially reasonable amounts.
Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually.
7. The parties agree that neither party has made or authorized any agreement with respect to this Easement other than as expressly set forth herein, and no oral representation, promise, or
consideration different from the terms herein contained shall be binding on either party, or its
agents or employees, hereto.
8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these presentments, Owner is well seized of the Easement above conveyed, has good and marketable
title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement area. Owner further agrees that Owner shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the Town, its heirs and assigns, against all and every person or persons
claiming under Owner.
9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs,
personal representatives, successors and assigns.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year
first above written. WESTGATE ASSOCIATION, A Colorado Nonprofit Corporation
By:____________________________ Its:____________________________ STATE OF __________________________ }
} ss.
COUNTY OF ______________________ } Subscribed and sworn to before me this _______ day of May, 2023, by _________________ as ________________.
Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public
TOWN OF AVON
By:_____________________________
Amy Phillips, Mayor ATTEST: ________________________
Miguel Jauregui Casanueva, Town Clerk
STATE OF COLORADO } } ss.
COUNTY OF EAGLE }
The foregoing document was subscribed and sworn to before me this ________ day of __________, 2023, by Amy Phillips as Mayor and Miguel Jauregui Casanueva as Town Clerk of the Town of Avon.
Witness my hand and seal. My commission expires:_____________ ________________________ Notary Public
AVON REGULAR MEETING MINUTES
TUESDAY MAY 09, 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 using zoom.us. Mayor Amy
Phillips called the May 09, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken, and
present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor
Phillips and Mayor Pro Tem Tamra Underwood. Also present were Town Manager Eric Heil, Town
Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, General Government Manager Ineke de
Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Deputy Police Chief Coby Casper,
Fire Chief Karl Bauer, Wildland Coordinator Hugh Fairfield-Smith, Community Development Director
Matt Pielsticker, Recreation Director Michael Labagh, Finance Director Scott Wright and incoming
Finance Director Paul Redmond.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:40
Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tem Underwood
presented a motion to approve the Agenda. Councilor Andrade seconded the motion. It was approved
with a 7-0 unanimous vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:04
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:20
No public comment was made in person nor on Zoom.
5. BUSINESS ITEMS
5.1. Fire Mitigation & Fire Evacuation Drill (Chief of Police Greg Daly and Fire Chief Karl Bauer)
Video Start Time: 00:02:20
Police Chief Greg Daly and Deputy Police Chief Coby Cosper were joined by Fire Chief Karl Bauer and
Wildland Coordinator Hugh Fairfield-Smith with the Greater Eagle Fire District to deliver a presentation
to Council related to the Eight Annual Avon Wildridge Fire Evacuation Exercise, including the proposal
of a Proclamation to declare May as Wildfire Preparedness Month.
Deliberations included inquiries on the use of the new Wildridge sirens, Wildridge’s Firewise USA
accreditation, and an update from Town Manager Eric Heil and Senior Planner Jena Skinner on the status
of Forest Service Road FSR 717.1B relative to its use as an emergency evacuation route. No public
comment was made in person nor on Zoom.
Councilor Carroll presented a motion to approve the Proclamation. Councilor Stanley seconded the
motion. It was approved with a 7-0 unanimous vote.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 09, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
2
5.2. Discussion about Potential Display of Pride Flag (Town Attorney Karl Hanlon):
Video Start Time: 00:25:58
Town Attorney Karl Hanlon delivered his presentation on regulations applicable to displaying flags in
Town flagpoles. Councilor Hardy read a prepared statement on the definition of a pride ally and the
importance of flying the pride flag in the month of June.
Mayor Phillips opened the floor to public comment and Peter H. Halpert, resident of Vail and Gypsum,
took the podium and stated that he has been in the Valley and seen it grow since the 1960s. He
mentioned the ski towns of Aspen and Telluride and their support and welcome of LGBTQ and
highlighted the positive social and financial impact that brought. He noted that Avon’s yearly debate on
flags makes the Valley seem unwelcoming to LGBTQ and he suggested the Town actively work to put
itself in the league of Aspen and Telluride. He requested Avon’s support of Mountain Pride.
Calyn D. Rieger, resident of Avon, took the podium and spoke in favor of the pride flag being flown in
Avon flagpoles. He requested the formation of a diversity and inclusion committee in Avon. He also
requested that the pride flag be flown through the months of July and August because of recent attacks
to the LGBTQ+ community.
Madison Partridge, Executive Director of Mountain Pride, resident of Eagle and stakeholder of Avon,
took the podium and spoke on the importance of the Pride flag and its display, as well as the Town’s
support of Pride in the Park.
Nancy Tashman, resident of Avon, took the podium in support of echoing Councilor Hardy’s remarks.
She then stated she is in favor of diversity and inclusion.
Michael Bednarczyk, resident of Minturn, said that when he first moved to Avon, he didn’t expect the
Pride flag to be flown in Avon roundabouts and found it to have a positive impact. He also agreed with
the sentiments expressed prior that Avon should match the Pride events at Telluride.
No further public comment was made in person nor on Zoom.
Councilor Andrade spoke in support of the LGBTQ+ community and then affirmed his belief that only
the flags of U.S.A., Colorado and Avon should be flown on Town flagpoles because raising any specific
flag marginalizes others and creates division. Mayor Pro Tem Underwood proposed that the Pride flag
be raised starting June 1st and not lower it until July 5th, to have it displayed during the Salute to the
USA Avon signature event and during independence day.
After deliberations, Councilor Hardy presented a motion to raise the Pride flag in Avon’s public flagpoles
from June 1st to July 4th and to be taken down on July 5th. Councilor Stanley seconded the motion. It
was approved with a 6-1 vote, with Councilor Andrade voting nay.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 09, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
3
5.3. PZC Appointments (Planning Director Matt Pielsticker)
Video Start Time: 00:51:30
Mayor Phillips indicated that there are PZC candidates ready to be interviewed in the Chambers and on
Zoom. Planning Director Matt Pielsticker took the podium to moderate the interviews. He thanked
Committee Member Donna Lang for her 3 years of service, and Steve Nusbaum and Martin
Golembiewski for their 6 years of service. Pielsticker added there are 4 open positions and 6 applicants
participating in this process. They were interviewed in the following order: Greg Strahan was
interviewed by Zoom, Ryan A. Wolffe was interviewed by phone, Brad Christianson, Olivia Cook, and
Anthony Sekinger were interviewed in person, and Gregg Cooper was interviewed by phone. No public
comment was allowed since appointments are made at the discretion of Council.
Councilors cast the following votes: 7 votes in favor of Olivia Cook, 7 votes in favor of Anthony Sekinger,
6 votes in favor of Ryan A. Wolffe, 5 votes in favor of Brad Christianson, 3 votes in favor of Gregg Cooper,
and 0 votes in favor of Greg Strahan.
After deliberations, Mayor Pro Tem Underwood made a motion to appoint Olivia Cook, Anthony
Sekinger, Ryan A. Wolffe and Brad Christianson to Avon’s Planning and Zoning Commission. Councilor
Hardy seconded the motion. It was approved with a 7-0 unanimous vote.
5.4. Work Session: Harry A. Nottingham Park Improvements/Policy Review of Off-Leash Dog Area and Bike
Dismount/Slow Zone Designation (Recreation Director Michael Labagh)
Video Start Time: 02:00:10
Recreation Director Michael Labagh delivered his presentation to Council related to off-leash dog area
and bike dismount/slow zone designation alternatives at Nottingham Park.
At 07:01 p.m. Councilor Thuon departed the Council Meeting for its remainder due to a personal matter.
Labagh fielded questions from Councilors related to Off-leash dog areas and ample discussion ensued.
Council was presented with 3 alternatives for off-leash areas at Nottingham Park: a) maintain existing
off-leash area and improve signage, b) remove off-leash area, and c) request more information from
staff and continue the discussion. Councilors Stanley, Hardy, Carroll, and Mayor Pro Tem Underwood
favored alternative a) maintain existing off-leash area and improve signage. Councilor Andrade favored
alternative b) remove off leash area. Mayor Phillips provided direction to Labagh to pursue alternative
a). No public comment was made in person nor on Zoom.
Labagh fielded questions from Councilors related to bike dismount/slow zone designation and
allowance at Nottingham Park and ample discussion ensued. Council was presented with 4 alternatives:
a) maintain park rules as is, b) designate north park path as a dismount or slow zone, c) designate entire
park as a dismount or slow zone, or d) request more info and continue discussion. Councilor Stanley
favored alternative a) with the addition of a slow zone. There was consensus among Councilors Carroll,
Hardy, Andrade, Mayor Pro Tem Underwood, and Mayor Phillips who favored alternative b), with
additional suggestions for geofencing shift bikes, seasonal dismount from May to October, and the
addition of portable signs to be used on both sides of bike path when there are concerts. No public
comment was made in person nor on Zoom.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 09, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
4
5.5. Resolution 23-07: Approving PEG fee Grant from 2021/2022 (Finance Director Scott Wright) (15
Minutes)
Video Start Time: 02:49:20
Finance Director Scott Wright delivered his presentation related to the approval of the PEG fee Grant
from 2021/2022 and laid out the history of the Public Education and Government Grant portion of the
Comcast Grant Agreement, which includes a $0.25 cent subscriber fee that is collected. Wright added
the Comcast Grant Agreement expired in 2022 but renews automatically. He further added the Grant is
made based on the request of J.K. Perry, Executive Director of High Five Media who joined him at the
podium. Perry provided an update to Council on what High Five Media has been doing in the realm of
community access media and government access.
No public comment was made in person nor on Zoom. Mayor Pro Tem Underwood asked Town Attorney
Karl Hanlon to reach out to Comcast and renegotiate and renew the Peg Fee Agreement currently in
place.
After deliberations, Mayor Pro Tem Underwood moved to approve Resolution 23-07. Councilor Stanley
seconded the motion. It was approved with a 6-0 vote of those present.
5.6. Resolution 23-08: Approving a Public Improvement Fee Collection Services Agreement for
Construction in the Village (at Avon) (Finance Director Scott Wright)
Video Start Time: 03:11:15
Scott delivered his presentation related to approving a Public Improvement Fee Collection Services
Agreement for Construction in the Village (at Avon) under Resolution 23-08. He added the Town is acting
as tax collection agent for customers to only have one point of contact and this brings efficiencies and
increases success in tax collections. No public comment was made in person nor on Zoom. After brief
deliberations, Councilor Carroll moved to approve Resolution 23-08. Councilor Andrade seconded the
motion. It was approved with a 6-0 vote of those present.
6. MINUTES
6.1. Approval of April 25, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
Video Start Time: 03:16:20
With no discussion or correction, Councilor Stanley moved to approve the Minutes from April 25,
2023, as presented. Councilor Andrade seconded the motion. They were approved with a 6-0 vote
of those present.
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission May 2 Abstract (Planner 1+ Max Morgan)
7.2. Draft April 13 Culture, Arts & Special Events Committee Meeting Minutes (Special Events Coordinator
Chelsea Van Winkle)
7.3. Art Around Avon Update (CASE Manager Danita Dempsey)
** Indicates topic will be discussed at future agenda’s
AVON REGULAR MEETING MINUTES
TUESDAY MAY 09, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
5
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:17:03
Mayor Phillips requested that Town Manager Eric Heil provide an update on the status of Senate
Bill 23-213. She then thanked Heil and Town Attorney Karl Hanlon for their representation of Avon
and other CAST mountain resort communities in the negotiations around the Bill and cautioned
that it will make a return, and all must be ready.
Mayor Pro Tem Underwood reminded her fellow Councilors to participate in Heil’s performance
review through the online survey.
Councilor Carroll thanked everyone in Avon and in CAST mountain resort communities for their
work on Senate Bill 23-213. He then updated his fellow Councilors on his participation in the most
recent Finance Committee Meeting where he mentioned use tax, DDA, Traer Creek. He noted the
Committee is helpful and will function as a second set of eyes on the DDA and use tax.
Councilor Andrade mentioned May is Mental Health Awareness Month and noted 988 is the
National Suicide and Crisis Lifeline.
Mayor Phillips reminded the public that the Eagle Valley Transit Authority will be having its
monthly meeting tomorrow in Avon Council Chambers at 12 o’clock noon.
9. EXECUTIVE SESSION For the purpose of receiving Legal Advice pursuant to CRS §24-6-402(4)(b)
regarding the United States Postal Service (Town Attorney Karl Hanlon).
Video Start Time: 03:26:01
With no further discussion, at 8:26 p.m., at the direction of Mayor Phillips, Mayor Pro Tem
Underwood moved to enter Council’s executive session and relocate to the Mount Holy Cross
meeting room. She reminded the public it is a closed meeting, and no decisions will be made during
executive session. Councilor Carroll seconded the motion. It was approved with a 6-0 vote of those
present.
Council reconvened for executive session at the Mount Holy Cross meeting room at 8:35 p.m.
Present were Councilors Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and
Mayor Pro Tem Tamra Underwood. Absent was Councilor Thuon. Also present were Town Manager Eric
Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, and General Government
Manager Ineke de Jong. The recording was turned off. Executive session concluded at 09:06 p.m.
10. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 09:06 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.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 09, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
6
RESPECTFULLY SUBMITTED:
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
RJ Andrade
Lindsay Hardy
Ruth Stanley
Rich Carroll
Chico Thuon
Page 1 of 2
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT
TUESDAY, MAY 16, 2023
100 MIKAELA WAY – AVON COUNCIL CHAMBERS
1. CALL TO ORDER AND ROLL CALL
ACTION: THE MEETING WAS CALLED TO ORDER BY COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER AT 5:02
PM.
A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE RYAN WOLFFE, BRAD CHRISTIANSON, BILL
GLANER, ANTHONY SEKINGER, OLIVIA COOK AND KEVIN HYATT. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL,
TOWN ATTORNEY KARL HANLON, PLANNING DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER,
AICP, PLANNER 1+ MAX MORGAN. ALSO IN ATTENDANCE WERE ARCHITECT BOBBY LADD AND REPRESENTATIVES OF
THE “DEVELOPMENT TEAM”, AS WELL AS KRISTIN KENNEY-WILLIAMS, PRESIDENT OF COMMFLUENT INC.
COMMISSIONER SCHAEFER WAS NOT PRESENT.
2. SWEARING IN OF NEW COMMISSIONERS (TOWN CLERK MIGUEL JAUREGUI CASANUEVA)
ACTION: NEW COMMISSIONERS WOLFFE, CHRISTIANSON, AND COOK AS WELL AS RETURNING COMMISSIONER
SEKINGER WERE SWORN IN MY TOWN CLERK MIGUEL JAUREGUI CASANEUVA.
2.1. NEW COMMISSIONER TRAINING SESSION (TOWN ATTORNEY KARL HANLON)
3. APPOINTMENT OF CHAIRPERSON AND VICE CHAIRPERSON
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPOINT COMMISSIONER SEKINGER AS PZC CHAIRPERSON.
COMMISSIONER CHRISTIANSON SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE
ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPOINT COMMISSIONER HYATT AS PZC VICE-
CHAIRPERSON. COMMISSIONER WOLFFE SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY WITH A 6-0
VOTE
4. APPROVAL OF AGENDA (CHAIRPERSON SEKINGER)
ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE MEETING AGENDA. COMMISSIONER GLANER
SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY WITH A 3-0 VOTE, WITH THE 3 NEW COMMISSIONERS
(WOLFFE, COOK AND CHRISTIANSON) ABSTAINING.
5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
ACTION: THERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED.
6. PUBLIC HEARING
6.1. TRACT Y / HIDDEN VALLEY ESTATES COMMUNITY HOUSING PROJECT (SENIOR PLANNER JENA SKINNER)
PUBLIC COMMENT: KELLY ROHRIG, A BUSINESS OWNER WHOSE OFFICE IS NEAR THE PROPOSED SITE, MADE A
COMMENT TO SUGGEST THAT LINE OF SIGHT FOR DRIVERS LEAVING OFFICES ON METCALF ROAD IS NOT OPTIMAL FOR
TRAFFIC SAFETY. THEY ALSO COMMENTED THAT THE PROPOSED PROJECT DOES NOT INCLUDE SUSTAINABLE HVAC
OR ENERGY SYSTEMS.
ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE #SUB23001 WITH THE FOLLOWING CONDITIONS:
1. ILCS ARE REQUIRED FOR ALL STRUCTURES AS REQUIRED BY THE AVON MUNICIPAL CODE SECTION
15.10.060.
Page 2 of 2
2. ENGINEERING APPROVAL FOR THE SITE ACCESS, INSTALLATION OF UTILITIES, AND DRAINAGE STRUCTURES
SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.
3. UTILITY VERIFICATION AND OR ANY AGREEMENTS WITH THE ERWSD ARE REQUIRED PRIOR TO THE
RECORDING OF THE FINAL PLAT.
4. COMMUNITY HOUSING DEED RESTRICTIONS ARE REQUIRED TO BE IN PLACE PRIOR TO CLOSING ON ANY
UNIT.
5. ALL DEED RESTRICTIONS ARE SUBJECT TO APPROVAL AND ANNUAL COMPLIANCE REVIEW BY THE TOWN OF
AVON, UNLESS ENACTED BY AN OUTSIDE HOUSING AUTHORITY.
6. THE EXECUTED FINAL PLAT AND THE DECLARATIONS AND COVENANTS MUST BE REVIEWED AND APPROVED
BY STAFF PRIOR TO RECORDING.
7. PIA AND FINAL DEVELOPMENT AGREEMENT SHALL BE FINALIZED PRIOR TO RECORDING THE FINAL PLAT.
8. ADDED AT HEARING- THE APPLICANTS SHALL PARTICIPATE IN ANY STUDIES OR SIMILAR IN
CONJUNCTION WITH THE TOWN OF AVON CONCERNING FUTURE PEDESTRIAN OR PUBLIC TRANSPORTATION
IMPROVEMENTS, RELATIVE TO THIS PROJECT LOCATION.
COMMISSIONER GLANER SECONDED THE MOTION AND THE MOTION PASSED WITH A 6-0 VOTE.
ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE #MJR23001 WITH THE FOLLOWING CONDITION:
1. MAJOR DEVELOPMENT PLAN APPROVAL IS CONTINGENT UPON TOWN COUNCIL APPROVAL OF SUBDIVISION
AND DEVELOPMENT BONUS AND SATISFACTORILY ADDRESSING ANY CONDITIONS RELATED THERETO.
COMMISSIONER CHRISTIANSON SECONDED THE MOTION AND THE MOTION PASSED WITH A 6-0 VOTE.
7. WORK SESSION
7.1. DOWNTOWN DEVELOPMENT AUTHORITY (TOWN MANAGER ERIC HEIL)
8. CONSENT AGENDA
ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY
COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE.
9. FUTURE MEETINGS
9.1. JUNE 6, 2023
9.2. JUNE 20, 2023
10. ADJOURN
THE MEETING WAS ADJOURNED AT 7:44 PM.
THESE MEETING NOTES 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 RECORDING OF THE MEETING, WHICH
CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
RESPECTFULLY,
MAX MORGAN
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Amy Philips and Council Members
FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – March 2023 & April 2023 data
DATE: May 16th, 2023
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for March 2023 and the recreation fees and real estate transfer tax revenues for April
2023.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for March and April revenues in 2023. Tax revenues are not
budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a
3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – March 2023: March sales tax revenues totaled $1,615,720. This is an increase of $65,136 or 4.20% compared to March 2022 sales tax revenue of $1,550,583.
MARCH 2022 v MARCH 2023 SALES TAX COMPARISON BY INDUSTRY
March 2022 March 2023 Increase/Decrease
Home/Garden $107,146.81 $102,015.13 ($5,131.68)
Grocery/Specialty/Health $240,642.03 $237,966.81 ($2,675.22)
Sporting Goods Retail/Rental $188,536.90 $177,245.32 ($11,291.58)
Miscellaneous Retail $81,880.68 $70,726.25 ($11,154.43)
Accommodations $390,230.72 $339,938.40 ($50,292.32)
Restaurants/Bars $237,239.37 $247,204.72 $9.965.35
Other $17,026.99 $33,415.34 $16,388.35
Service Related $62,725.96 $71,245.15 $8,519.19
Liquor Stores $21,481.62 $20,760.79 ($720.83)
E-Commerce Retail $63,977.83 $71,804.03 $7,826.20
Manufacturing/Wholesale $41,615.94 $54,525.12 $12,909.18
Construction Related Services $48,712.45 $148,799.64 $100,087.19
Digital Media Suppliers/Sellers $31,904.12 $21,376.77 ($10,527.35)
Commercial/Industrial Equipment $17,450.91 $18,697.42 $1,246.51
Special Events $11.65 $0.00 ($11.65)
TOTAL $1,550,583.98 $1,615,720.89 $40,931.74
Sales Tax: March 2023 Budget v Actual Collections: March 2023 sales tax revenues totaled
$1,615,720. This is an increase of $203,955 over the March 2023 estimates of $1,411,765. This is 14.45%
above the adopted 2023 budget (based on a 3-year average).
Page 2 of 9
MARCH 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
March $1,411,765.77 $1,615,720.89 $203,955.12 14.45%
1,130,669.61 872,489.74 1,295,893.82 1,550,583.98 $1,615,720.89
-22.83%
48.53%
19.65%4.20%
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
$1,500,000
$1,700,000
2019 2020 2021 2022 2023
2019-2023 March Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – March 2023: Accommodation tax revenues totaled $352,541 for the
month of March. This is a decrease of $41,322 or 10.49% compared to March 2022 accommodation tax
revenues, which totaled $393,864. Accommodation tax collections by industry type for March 2023
compared to March 2022 reported an increase for Vacation Rentals while Hotel and Time Share were
down.
MARCH 2022 v MARCH 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY
March 2022 March 2023 Increase/(Decrease)
Timeshares $57,861.58 $53,795.92 ($4,065.66)
Hotels $166,682.68 $124,039.90 ($42,642.78)
Vacation Rentals $169,319.91 $174,705.39 $5,385.48
TOTAL $393,864.17 $352,541.21 ($41,322.96)
March 2023 Budget v Actual Collections: March 2023 accommodation tax revenues totaled $352,541.
This is a decrease of $24,405 over the March 2023 estimates of $376,946. This is 6.47% under the
adopted 2023 budget (based on a 3-year average).
MARCH 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
March $376,946.63 $352,541.21 ($24,405.42) (6.47%)
246,970 128,039 313,888 393,864 352,541
-48.16%
145.15%
25.48%
-10.49%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
2019 2020 2021 2022 2023
2019-2023 March Accommodation Tax Revenue
Trend
Page 4 of 9
Short Term Rental Tax for CH: Revenues – March 2023: STR Tax for Community Housing totaled
$160,110 for the month of March. This is a decrease of $21,746 or 11.96% compared to March 2022. The
Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
MARCH 2022 v MARCH 2023 STR TAX FOR CH COMPARISON BY INDUSTRY
March 2022 March 2023 Increase/(Decrease)
Timeshares $28,930.78 $26,897.97 ($2,032.81)
Hotels $71,902.58 $48,949.34 ($22,953.24)
Vacation Rentals $81,023.74 $74,262.83 $3,239.09
TOTAL $181,857.10 $160,110.14 ($21,746.96)
Tobacco & Cigarette Tax: Revenues – February 2023: Tobacco tax revenues totaled $32,708 and
cigarette tax revenues totaled $19,599 for March 2023. Compared to March 2022 revenues, this is an
increase of $2,471.19 for tobacco tax revenues, which totaled $30,237.75 and a decrease of $1,917 for
cigarette tax revenues, which totaled $21,516.
7,895 12,797 28,754 30,238 32,709
62.09%
124.70%5.16%
8.17%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2019 2020 2021 2022 2023
2019-2023 March Tobacco Tax Revenue Trend
Page 5 of 9
March 2023 Adopted Budget v Actual Collections: March 2023 tobacco and cigarette tax revenues
totaled $32,708 and $19,599, respectively. This is an increase of $5,336, over the March 2023 budget for
tobacco tax, which is $27,372 and an increase of $460 over the March 2023 budget for cigarette tax
estimates, which is $19,138 which is based on a 3-year average.
MARCH 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage Variance
Tobacco $27,372.76 $32,708.94 $5,336.18 19.49%
Cigarettes $19,138.06 $19,599.00 $460.94 2.41%
Total $5,797.12
23,073 16,659 21,774 21,517 19,599
-27.80%
30.70%
-1.18%
-8.91%
-
5,000
10,000
15,000
20,000
25,000
2019 2020 2021 2022 2023
2019-2023 March Cigarette Excise Tax Revenue
Trend
Page 6 of 9
Real Estate Transfer Tax: Revenues – April 2023: April 2023 real estate transfer tax totaled $433,787.
Compared to April 2022, which totaled $378,321, this is an increase of $55,466. This is an increase of
$25,041 over the April 2023 budget which was based on a 3-year average.
APRIL 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $408,746.18 $433,787.40 $25,041.22 6.13%
$312,900 $140,135 $477,177 $378,321 $433,787
-55.21%
240.51%
-20.72%
14.66%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2019 2020 2021 2022 2023
Real Estate Transfer Tax April Revenue Trends
Page 7 of 9
Recreation Center Fees: Revenues – April 2023 Admissions & Program Fees: Recreation admission
revenues for April 2023 totaled $81,349 an increase of $14,534 compared to April 2022 which totaled
$66,814. This is $33,328 above the adopted 2023 budget estimates of $48,021. Recreation program fee
revenues for April 2023 totaled $29,225. This is an increase of $2,944 compared to 2022, which totaled
$26,280. This is $15,862 above the adopted 2023 budget estimates, which is $13,362 which is calculated
based on a 3-year average.
$31,133 $2,153 $3,646 $26,280 $29,225 -93.09%
69.38%
620.74%
11.20%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
2019 2020 2021 2022 2023
Recreation Program Fees April Revenue Trends
53,085 1,437 34,168 66,815 81,349
-97.29%
2278.26%
95.55%
21.75%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
2019 2020 2021 2022 2023
Recreation Admissions April Revenue Trends
Page 8 of 9
Tax Revenue Comparison – 2022 v 2023: All revenues except for RETT are reporting an increase for
2023 compared to 2022. Below is a table which reflects the dollar change and percentage variance.
Adopted Budget 2023 v Actual 2023: All revenues except for RETT reflect a positive variance over the
2023 budget. Below is a table which reflects the dollar change and percentage variance.
2022 v 2023 Year-to-Date Revenue Comparison
2022 YTD 2023 YTD Dollar Variance Percentage
Variance
Sales Tax $3,964,563.72 $4,186,241.54 $221,677.82 5.59%
Acc. Tax $1,074,402.15 $1,088,791.84 $14,389.69 1.34%
STR Tax for CH $494,789.11 $497,913.20 $3,124.09 0.63%
Tobacco Tax $88,680.58 $95,460.55 $6,779.97 7.65%
Cigarette Tax $57,642.54 $54,593.46 $393.96 0.68%
RETT $1,867,341.42 $1,341,958.82 ($525,382.60) (28.14%)
Rec Admissions $316,452.62 $392,982.01 $97,786.00 24.18%
Rec Program Fees $102,911.75 $143,455.48 $40,543.73 39.40%
2023 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $3,643,903.32 $4,186,241.54 $542,338.22 14.88%
Acc. Tax $1,001,038.97 $1,088,791.84 $87,752.87 8.77%
STR Tax for CH $453,951.55 $497,913.20 $43,961.65 9.68%
Tobacco Tax $80,827.68 $95,460.55 $14,632.87 18.10%
Cigarette Tax $54,593.46 $58,036.50 $3,443.04 6.31%
RETT $1,510,763.46 $1,341,958.82 ($168,804.64) (11.17%)
Rec Admissions $295,196.01 $392,982.01 $76,529.39 33.13%
Rec Program Fees $96,135.72 $143,455.48 $47,319.76 49.22%
Page 9 of 9
EXPENDITURES: MARCH 2023
General Fund YTD Actuals v 2023 Budget: General Fund expenditures through April 2023 total
$6,527,136.92 which is 27.14% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through April 2023 total
$799,788.88 which is 21.37% of the total adopted budget. These expenditures include cost for wages,
health benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through April 2023 total
$423,098.34 which is 14.21% of the total adopted budget. These expenditures include wages, health
benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through April
2023 total $797,567.69 which is 4.45% of the total adopted budget. These expenditures were made up of
Metcalf culvert repair, sauna remodel and design fees.
Thank you,
Dean
(970) 748-4087 ewood@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Elizabeth Wood, Communications Manager
RE: 2022 Year in Review Video
DATE: May 16, 2023
SUMMARY: The 2023 General Government Department Goals included the development and production
of a 2022 Year in Review video recapping the accomplishments of Avon elected officials and Town staff
during the calendar year. The goal was to review highlights from 2022 and provide an overview and outlook
for significant projects in 2023.
A script was drafted by Communications Manager Liz Wood and reviewed and edited by the General
Government Manager and Deputy Town Manager. High Five Access Media used b-roll from previous
Council meetings and projects in addition to new footage to produce a video capturing some Avon
highlights from 2022. Mayor Amy Phillips narrated the video.
A final copy of the video has been uploaded to our YouTube channel and is available at Avon.org on the
homepage under the green graphic buttons.
Thank you,
Liz
907-748-4072 cvanwinkle@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Chelsea Van Winkle, Special Events Coordinator
RE: Food Truck Program for 2023
DATE: May 16, 2023
SUMMARY: This report provides an update on the Food Truck Program which, like last year, allows one (1)
Food Truck located on Lake Street beginning Friday, May 26, 2023, through September 4, 2023. Three (3)
complete applications were received, and one (1) Food Truck applicant will be issued a permit for the Lake
Street location. This is submitted as a written report and no action by Council is requested.
BACKGROUND: At the April 11, 2023, Town Council Meeting Staff provided an update on the Food Truck
Program as a written report to Council, the report is provided as Attachment A.
ANALYSIS: Staff received approximately seven (7) inquiries from food purveyors located in Eagle County,
with an interest in operating a food truck on Town owned property this summer. Of the seven (7) food
purveyors, only three (3) food purveyors turned in complete applications, which are listed below:
1. Flavor Stop (Amaya Laws)
2. Volcano Sushi (Efrain Canales)
3. Los Patrones (Rafael Garcia)
The three (3) applicants were contacted to begin the Staff review process at which time two (2) of the food
purveyors, Flavor Stop and Los Patrones, stated they would no longer be able to participate in the program
due to other commitments. Flavor Stop is unable to participate due to other food vending opportunities and
Los Patrones has since moved into a brick-and-mortar location in Gypsum.
Therefore, Volcano Sushi will be awarded the one (1) Food Truck Program location on Lake Street and a
permit issued once the Environmental Health Department issues them their license. Staff is hopeful
Volcano Sushi will begin serving fresh sushi, beef, and chicken skewers, on Friday, May 26, 2023, or
shortly thereafter.
Thank you, Chelsea
ATTACHMENTS
ATTACHMENT A – RPT– Food Truck Program-April 7, 2023, FINAL
907-748-4072 cvanwinkle@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Chelsea Van Winkle, Special Events Coordinator
RE: Food Truck Program for 2023
DATE: April 4, 2023
SUMMARY: This report provides an update on the Food Truck Program which like last year, allows one (1)
Food Truck located on Lake Street and allows SupCO to operate minimal concessions at Nottingham
Beach beginning Friday, May 26, 2023, through September 4, 2023. This is submitted as a written report
and no action by Council is requested.
BACKGROUND: In 2016 the Avon Town Council adopted limited authorization for food trucks and vendors
and the Town Manager implemented administrative regulations and guidelines. During the COVID-19
pandemic in 2020 and related health and safety concerns, on May 26th, 2020, Avon Town Council
approved and adopted an amendment to Resolution No. 20-17, provided as Attachment A. The
amendment included revisions to (1) support opportunities for outdoor dining in open park areas and (2)
support Avon based restaurant or food purveyor businesses. During the COVID-19 pandemic, El Sabor
Mazatlán received a permit to operate June 30th - October 15th, 2020; and December 2nd – June 1st, 2021.
However, operated on a very limited basis due to issues with staffing and/or equipment failure.
Furthermore, on March 8th 2022, Resolution No. 22-05, provided as Attachment B, was approved, and
adopted by Avon Town Council. The amendment included revisions to (1) establish the location and
maximum number of food trucks and (2) remove the restriction that such food trucks and vendors are
operated by an existing restaurant or food purveyor business in Avon. Town Manager approved one (1)
location on Lake Street (location A) for the Food Truck Program in 2022.
In 2022, three (3) food trucks applied for a Food Truck Permit, two (2) of which were not permitted (1)
because the application was incomplete, and (2) they desired permanent location. El Sabor Mazatlán under
the name of Los Patrones was the only applicant who submitted a complete application and was granted a
Food Truck Permit on Lake Street in front of the Recreation Center. The permit granted access June 1st
and due to warm and dry weather, was extended through October 15th, 2022. Los Patrones reported they
had a successful summer and based on the Avon sales tax collected, Staff believes it was a successful
program.
In addition to the one location on Lake Street, Staff received direction to allow SupCO to operate minimal
concessions offering non-alcoholic beverages and pre-packaged snacks out of their space at Nottingham
Beach.
Finally, Rocky Mountain Taco, which is not an Avon based restaurant or food purveyor, is the only operator
with an active permit and is “grandfathered” in due to an established track record of success, and appeal.
Staff has awarded them a permit to continue in their location through December of 2023.
ANALYSIS: Staff has not received any communication or feedback from Avon restaurants regarding the
Food Truck Program. Additionally, Staff has received approximately seven (7) inquiries from food purveyors
located in Eagle County, with interest in operating a food truck on Town owned property this summer. A list
of the organizations who have inquired is provided below:
1.Flavor Stop (Amaya Laws): a food vendor at AvonLIVE! and Salute to the USA and desires a
location one day a week in Avon.
ATTACHEMENT A
Page 2 of 2
2. Joshua Dearing: an individual who contacted us to gather information as he investigates
building/purchasing a food truck.
3. Mike Batz: an individual who contacted us to gather information for a family member investigating
building/purchasing a food truck.
4. La Cocina De Mama (Oyuky Ruiz): representing Cowboy’s Kitchen in Minturn and desires a food
truck location in Avon.
5. David Velazquez: an individual who contacted us to gather information about the requirements to
have a food truck in Avon, ideally looking for a permanent location.
6. Volcano Sushi (Efrain Canales): an individual who contacted us and is in the process of applying
for the 2023 Food Truck Program.
7. Los Patrones (Rafael Garcia): food truck vendor that was issued a Food Truck Permit in 2022 and
is in the process of applying for the 2023 Food Truck Program.
Due to constraints related to the East Nottingham Park project delay, access to Old Town Hall parking lots,
and sensitivities to Avon based restaurants, Staff will proceed without changes and permit one (1) food
truck located on Lake Street and allow SupCO to continue offering minimal concessions.
Staff will make the application materials available and issue a press release announcing the Town is
seeking food purveyors to participate in the Food Truck Program. Also, Staff will contact those individuals
and/or organizations who have previously expressed interest in Avon’s Food Truck Program.
The press release will be sent, and application materials made available on Friday, April 14th. The press
release and application materials are provided as Attachments C and D. Staff will provide a written report
on May 9, 2023, updating Council on (1) the number of complete applications received and (2) who was
awarded a Food Truck Permit.
Thank you, Chelsea
ATTACHMENT A - Resolution No. 20-17
ATTACHMENT B - Resolution No. 22-05
ATTACHMENT C – Application Materials
ATTACHMENT D – Food Truck Program Press Release
Attachment A
A
Avon
C O t ORA 0 0
RESOLUTION 20-17
ESTABLISHING THE LOCATIONS AND
MAXIMUM NUMBER OF FOOD TRUCKS
WHEREAS, the Avon Town Council has determined that allowing food trucks and food
vendors in locations near Harry A. Nottingham Park is a viable strategy to bring activity and
vibrancy and will provide for expanded small business opportunity; and
WHEREAS, the Avon Town Council finds increased opportunities for outdoor dining in open
park areas will comply with health and safety concerns and public health order guidance related
to the COVID-19 pandemic; and
WHEREAS, the Avon Town Council adopted Ordinance No. 16-07, Allowing Food Trucks to
Operate on Rights -of -Way; and
WHEREAS, Section 5.04.080(b) of the Avon Municipal Code requires that the Avon Town
Council establish the location and maximum number of vendor permits by resolution; and
WHEREAS, the Avon Town Council hereby finds, detennines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. This Resolution No. 20-17 shall supersede and replace prior resolutions
concerning the location and maximum number of food trucks.
Section 2. Food trucks and vendors may be located on any right-of-way or Town property
west of the Avon Road right-of-way in accordance with regulations and guidance adopted by the
Town Manager provided such food trucks and vendors are operated by an existing restaurant or
food purveyor business in Avon. The maximum number of food trucks and vendors shall be
determined by the Town Manager taking into consideration community demands, conflicts with
events and construct, hours and days of operations, and public health and safety related to food
service and COVID-19 pandemic public health orders.
ADOPTED on May 26, 2020.
AVON TOWN COUNCIL
By: Attest:
S rah S it Hymes, Ma or
30M
Brenda Torres, Town
Res 20-17 Establishing the Locations and Maximum Number of Food Trucks
A
Avon
cal O R A n a
RESOLUTION 22- 05
ESTABLISHING THE LOCATIONS AND
MAXIMUM NUMBER OF FOOD TRUCKS
WHEREAS, the Avon Town Council has determined that allowing food trucks and food
vendors in locations near Harry A. Nottingham Park is a viable strategy to bring activity and
vibrancy and will provide for expanded small business opportunity; and
WHEREAS, the Avon Town Council finds increased opportunities for outdoor dining in open
park areas will comply with health and safety concerns and public health order guidance related
to the COVID-19 pandemic; and
WHEREAS, the Avon Town Council adopted Ordinance No. 16-07, Allowing Food Trucks to
Operate on Rights -of -Way; and
WHEREAS, Section 5.04.080(b) of the Avon Municipal Code requires that the Avon Town
Council establish the location and maximum number of vendor permits by resolution; and
WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. This Resolution No. 244-7-22-05 shall supersede and replace prior resolutions
concerning the location and maximum number of food trucks.
Section 2. Food trucks and vendors may be located on any right-of-way or Town property
west of the Avon Road right-of-way in accordance with regulations and guidance adopted by the
Town Manager_
fee'' pttrweyof business Aven. The maximum number of food trucks and vendors shall be
determined by the Town Manager taking into consideration community demands, conflicts with
events and construct, hours and days of operations, and public health and safety related to food
service and COVID-19 pandemic public health orders.
ADOPTED on March 8, 2022.
AVON TOWN COUNCIL D yN Ofiq
L
BY:Attest: P/h/Lil rd:
Sarah Smith Hymes, Mayor Brend Torres, Deputy Town leek
Res 22-05 Establishing the Locations and Maximum Number of Food Trucks
Attachment B
1
TOWN OF AVON
FOOD TRUCK PROGRAM VENDOR PERMIT APPLICATION
1.NAME OF APPLICANT: ________________________________________________________
2.BUSINESS/ORGANIZATION: ____________________________________________________
3.ADDRESS: ________________________________________________________________
4.TELEPHONE NUMBER/EMAIL ADDRESS: ___________________________________________
5.FOOD VENDOR BEGIN & END DATE: _________________________________________________
6.LOCATION PREFERENCE (PLEASE LIST FIRST CHOICE AFTER REFERRING TO ATTACHMENT A):
A.________________
B.________________
C.________________
7.STRUCTURE TYPE AND SIZE:
A.TRUCK: ________________
B.TRAILER: ________________
C.CART: __________________
D.TENT (NOT TO EXCEED 15’ OF FRONTAGE/LENGTH AND 10’ OF DEPTH): ________________
ATTACHMENT C
2
8.ATTACH A WRITTEN DESCRIPTION OF THE FOOD AND/OR BEVERAGE OPTIONS YOU DESIRE TO SERVE.
9.PUBLIC HEALTH ORDER (PHO)COMPLIANCE PLAN – ATTACH A WRITTEN PLAN FOR HOW PHO WILL BE FOLLOWED
10.REFUSE PLAN –ATTACH A WRITTEN PLAN FOR CONTAINMENT AND DISPOSAL OF TRASH AND RECYCLING GENERATED BY THE
BUSINESS AND ITS PATRONS.
11.NON-DISCRIMINATORY/EQUAL OPPORTUNITY:
BY CHECKING THIS BOX, YOU AGREE TO NOT DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, GENDER, SEXUAL ORIENTATION, AGE, OR DISABILITY IN CONNECTION WITH THE FOOD TRUCK
PERMIT.
12.FOOD TRUCK PROGRAM VENDOR REGULATIONS:
BY CHECKING THIS BOX, YOU AGREE TO THE TOWN OF AVON FOOD TRUCK PROGRAM VENDOR REGULATIONS PROVIDED
AND ATTACHED AS ATTACHMENT B.
13.DO YOU CURRENTLY HAVE AN ACTIVE AVON BUSINESS LICENSE? IF YES, PLEASE LIST THE LICENSE
NUMBER: __________
14.FEES & LICENSE (INTERNAL USE ONLY)
FOOD TRUCK VENDOR PERMIT APPLICATION RECEIVED
SECURITY DEPOSIT RECEIVED
INSURANCE & INDEMNIFICATION HAVE BEEN RECEIVED
AS OF THE FOLLOWING DATE: ____________________
________________________________ ____________________________
SIGNATURE OF APPLICANT DATE
THE PERMIT APPLICATION IS APPROVED BY THE TOWN OF AVON AS NOTED BY THE SIGNATURE BELOW. THE APPLICANT MUST COMPLY WITH
ALL TOWN OF AVON APPLICABLE MUNICIPAL CODES AND TOWN OF AVON FOOD VENDOR REGULATIONS, ADOPTED ON MARCH 22, 2022.
_________________________________ ______________________________
TOWN OF AVON DATE
A
B
C
Food Truck Program Vendor Regulations
March 22, 2022
Page 1 of 7
TOWN OF AVON
FOOD TRUCK VENDOR REGULATIONS
I.INTRODUCTION. The objective of Avon’s Food Truck Vendor program is to support small
business opportunities, activity in Harry A. Nottingham Park (“Nottingham Park”), and to enhance the
visitor and resident experience. These regulations set forth criteria intended to promote high quality Food
Truck Vendor operations, maintenance, and design for operators under the Food Truck Vendor program.
The Town of Avon (“Town”) reserves the right to amend these regulations from time to time as deemed
appropriate by the Town. A Food Truck Vendor Permit does not grant access to vend during Town
special events. All references to the Town Manager shall include the Town Manager’s designee.
II.FOOD TRUCK VENDORPERMIT, TERM & FEES. A Food Truck Vendor Permit may be issued to
businesses (“Vendor”) who will offer creative, imaginative, and unique food items that are compatible with
the ambience of the available vending sites and will also enhance the experience of residents and visitors.
Permits will be awarded to qualifying applicants subject to availability of appropriate locations and times.
A.Permit Description: Each Food Vendor Permit will identify the food and/or beverage genre and
menu items the Vendor is permitted to sell. The Town will endeavor to limit the number of
vendors which carry the same or similar types of food and/or beverage to offer distinct and
diverse menu items.
B.Term of Permit: If selected for placement and operation of a Food Truck Vendor location, the
Town shall provide a Food Truck Vendor Permit to the owner of the based business which
delineates all the terms and conditions of the Food Truck Vendor Permit. Initial permits will be
active May 27 through September 30, 2022, at which time Food Truck Vendor operations shall
cease.
C.Fee: A one hundred seventy-five-dollar ($175.00) fee is applied and due prior to issuance of a
Food Truck Vendor Permit. PLEASE NOTE that a Food Truck Vendor Permit fee does not include
the Town Business Licenses fee.
D.Security Deposit: The selected Vendor shall be required to deposit with the Town the sum of
Five Hundred Dollars ($500.00) as a security deposit. The deposit may be used to pay
delinquent Food Truck Vendor Permit Fees or for damage to public property attributable to the
activity of the Vendor. The deposit will be refunded, minus any attributable costs, at the end of the
Permit term or applied towards the next Permit Term.
III.PUBLIC HEALTH ORDER COMPLIANCE PLAN. Applicants must submit a written plan detailing
how they will implement the applicable guidance under the most current Eagle County Public Health Order
concerning the coronavirus pandemic (“PHO Compliance Plan”). A PHO Compliance Plan should include
both cleaning protocols for employees and protocols for customers.
Food Truck Program Vendor Regulations
March 22, 2022
Page 2 of 7
IV. PERMIT AREA & REFUSE PLAN
A. Permit Area: The Town Manager is authorized to identify Food Truck Vendor locations (“Permit
Areas”) near Nottingham Park, including but not limited to the sites mapped on Exhibit A. Food
Truck Vendors must be delivered to the Permit Area at the start of the business day and
removed from the Permit Area at the close of the business day, unless Permitted otherwise.
Vendor’s vehicles and/or tents placed and/or parked in a marked parking space must fit within
the width and the length of the marked parking space. Vendors shall not have any exclusive right
to any location on Town property. The Town reserves the right to relocate designated Permit
Areas on a permanent or temporary basis as needed.
B. Sales Area: The sale of food shall only take place from within the Food Truck Vendor
truck/tent/trailer. Furnishings or fixtures shall not be installed in such a manner as to become
permanently affixed to or a part of the Permit Area.
C. Transporting Responsibility: Responsibility for transporting Food Truck Vendor
trucks/tents/trailers to and from the Permit Area shall be the sole responsibility and at the sole
cost of the Vendor.
D. Refuse Plan: The Vendor shall maintain both the Permit Area, the immediate area surrounding
the Permit Area and the display apparatus in a neat, clean and hazard-free condition. Applicants
must provide a written plan for disposal of trash and recycling generated by the business.
V. DAYS & HOURS OF OPERATION. The Food Truck Program requires the Vendor maintain
regular and consistent operating hours. The Town will work with the selected Vendor to determine a
reasonable Food Truck Vendor business schedule.
VI. ADMINISTRATION
A. Permits and Licenses: Selected Vendors shall obtain all required permits or licenses from all
applicable governmental entities before a Food Truck Vendor Permit is issued, including but not
limited to a State of Colorado sales tax license, a Town sales tax license, Town vendor business
license. In addition, a State of Colorado Food Service License and an Eagle County Retail Food
License for Temporary or Vending from the Eagle County Environmental Health Department must
be obtained. Should Vendor already hold a Town sales tax license, Vendor must be current with
any Town sales taxes due prior to the issuance of a Food Truck Vendor Permit.
B. Display: The Vendor shall prominently display all required permits and licenses on the vending
apparatus or, if no such apparatus is used, shall make such permits available upon reasonable
request by any member of the public or official of the Town.
C. Compliance: The Vendor is responsible for compliance with the Town Food Truck Vendor Permit
and Food Truck Vendor Regulations.
D. Operator: No person shall operate the Food Truck Vendor structure except the Vendor and
designated employees.
Food Truck Program Vendor Regulations
March 22, 2022
Page 3 of 7
VII. FOOD VENDOR DEFINITION & STRUCTURES
A. Vendor: Avon Municipal Codes 5.04.020 defines a as “Vendor means any person who sells or
attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but
not limited to food or beverage, from any outdoor location from a or stationary cart, table, or vehicle
regardless of whether a fee is charged for such goods or services.”
B. Truck: A food truck is a food establishment in a motor vehicle licensed to operate by a department
of motor vehicles and designed to create a single vehicle exposure. The Vendor will be responsible
at its sole cost for the design, purchase and maintenance of a high quality and attractive food truck
and all equipment necessary to deliver the products and services in a clean, attractive, and safe
manner.
C. Trailer: A food trailer is any vehicle without motive power that is designed to be drawn by a motor
vehicle, specifically designed or used for food and/or beverage vending operations; and is a
typically kitchen plus a vehicle.
D. Cart: A food cart is any vehicle without motive power or conveyance that is designed to be pushed
or pulled by human or animal, specifically designed or used for food and/ or beverage vending
operations; and is typically a kitchen plus a vehicle.
E. Tent: A portable and temporary structure made of cloth or canvas supported by one or more poles
stretched tight with cords or loops and attached to weights or stakes in the ground.
All vendor structures must be approved by the Town prior to the commencement of operation at any
locations within the Town. Any proposed modifications to the vendor structure specification must be
reviewed and approved in writing by Town Manager.
VIII. VENDOR MAINTENANCE STANDARDS & OPERATION
A. Vendor is responsible for all Food Truck Vendor structure maintenance. The Food Truck Vendor
structure must be clean, sanitary and in good working condition always to the satisfaction of the
Town in its sole discretion.
B. The area around the Food Truck Vendor must be kept clean and free of trash. The Vendor must
apply materials under the Food Truck Vendor structure (e.g., plastic sheet, cardboard, etc.) in
order to prevent oil or other harmful substances from contacting Town right-of-way. If the Food
Vendor causes damage to the area surrounding, the Vendor will be responsible for cleaning and
finding a solution to prevent future damage. Applicants must provide a written plan for disposal of
trash and recycling generated by the business and its patrons.
C. All merchandise must be displayed on or within the Food Truck Vendor structure. Vendor is
responsible for ensuring displays standards are maintained.
D. Acoustic and/or amplified sound, including music, is regulated by Town codes which must always
be adhered to.
Food Truck Program Vendor Regulations
March 22, 2022
Page 4 of 7
E. Vendor using heaters (pre-approved by the Town and the Fire Marshall) during cold weather shall
have a fire extinguisher on or in the Food Vendor structure and shall set-up and operate the
heater in safe manner.
F. Vendor may not use electrical generator without prior permission by Town. Use of Town
electricity or electrical connection is by permission only in the Town’s sole discretion and may be
subject to charge by the Town.
In accordance with the Food Truck Vendor Permit, violations of rules and regulations set forth in these
regulations may result in the revocation of the Food Truck Vendor Permit.
IX. STORAGE. The Town provides no on-site or off-site storage area for Food Truck Vendors. Food
Truck Vendor Permit holders are not permitted to store any equipment, supplies or merchandise on Town
property.
X. MERCHANDISING GUIDELINES. Vendors are required to adhere to the following merchandising
guidelines when creating Food Truck Vendor displays:
A. Display of merchandise shall be professionally designed and executed.
B. All displayed merchandise shall be visibly priced.
C. All fixtures, fabric, signage, chairs, and other decorations shall be maintained in good condition
throughout the operation.
D. Merchandise shall always be stored inside the Food Truck Vendor structure or presented on
approved display fixtures. No stored boxes, bags, or cloths are to be visible to the public.
E. Merchandise shall be of reputable quality and in good condition.
F. Food Truck Vendor structure should always be fully stocked with merchandise during business
hours.
G. Merchandise shall be presented in approved display units.
H. Daily preparation of merchandise and display shall not create a visual nuisance to the public and
surrounding businesses.
I. The sale of counterfeit merchandise is not permitted. Counterfeit products refer to items that are
either imitations of genuine products or items made without permission of a trademark owner.
VII. SIGNAGE. Vendor is responsible for investing in a high-quality sign(s) identifying the name of the
business.
A. Business identification sign must be located on or near the Food Truck Vendor structure.
B. Business identification sign must be produced by a professional sign company.
Food Truck Program Vendor Regulations
March 22, 2022
Page 5 of 7
C. Signs shall be produced to professional standards and shall be approved in writing by the Town
Manager or designee prior to placement on the Food Truck Vendor structure.
D. Price signs and items description shall be preprinted and mounted on approved material.
VIII. STAFFING. To guarantee Food Truck Vendor patrons excellent service, the following staffing
standards are required of all Vendors:
A. All Vendor employees shall always be neat and clean and shall wear some distinctive article of
apparel that identifies them as Vendor employees.
B. Vendor employees shall be courteous to all guests and patrons.
C. Vendor employees shall not while on duty use improper language, behave in a boisterous manner,
emit any unduly loud or unreasonable noise, engage in any horseplay, or unbecoming or otherwise
illegal or objectionable conduct or activities at an approved Permit Area.
D. Vendor shall supervise the conduct of their employees.
E. Vendor shall insure that their employees understand and comply with the Town of Avon Food
Vendor Regulations and special memos.
F. Vendor and staff shall be familiar with restroom locations, ATMs and special events on Harry A.
Nottingham Park’s event calendar.
G. Should staff problems arise, Vendor shall be available in case of emergencies. If problem is not
resolved, the Town may exercise its discretion including closing or securing of Food Vendor or
require replacement of employee by the Vendor.
XII. INDEMNIFICATION & INSURANCE. Vendor shall procure and maintain at Vendor’s own expense for
the duration of the Food Truck Vendor Permit, the following insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the possession, occupancy, operation
and use of the Food Truck Vendor Permit Area by Vendor, Vendor’s agents, representatives, employees or
subcontractors.
• Comprehensive/Commercial General Liability of not less than $1,000,000 per person and
$2,000,000 per incident.
• Workers’ Compensation and Employer’s Liability.
• Property insurance against all of risks of loss to personal property at full replacement cost.
Insurance policies shall name the Town of Avon, its officers, employees and agents as additional insureds
and shall provide that the insurance is primary, and that no other insurance maintained by the Town will be
called upon to contribute to a loss covered by the policy. The policy shall further provide written notice to
Food Truck Program Vendor Regulations
March 22, 2022
Page 6 of 7
the Town prior to cancellation or material change. Evidence of such insurance is required prior to the
issuance of the Food Vendor Permit.
XIII. INDEPENDENT CONTRACTOR. Vendor in performance of the Food Vendor Permit will be acting in a
wholly independent capacity and not as an agent, employee, partner, or joint venture of the Town.
XIV. NON-DISCRIMINATORY/EQUAL OPPORTUNITY. The Food Vendor Permit will contain a Non-
Discrimination/Equal Opportunity provision that the Food Vendor shall not discriminate against any individual
because of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in
connection with the Permit.
XV. REVOCATION OF FOOD TRUCK VENDOR PERMIT
A. Vendor will be in violation of the Town of Avon Food Truck Vendor Regulations if any of the following
occurs:
1. Failure to comply with any condition of the Food Truck Vendor Permit.
2. Opening late or closing early or failing to open the Food Truck Vendor (without
written authorization by the Town).
3. Violation of Town sound regulations.
4. Leaving Food Truck Vendor unattended.
5. Allowing anyone other than a paid member of the Food Truck Vendor owner’s staff
to attend or operate Food Vendor.
6. Changing the approved Food Vendor structure design or products approved for sale
without prior Town approval.
7. Moving Food Truck Vendor structure in a rapid or unsafe manner. Any accidents with
pedestrians or damage to property shall be reported immediately to the Avon Police
Department.
8. Failure to keep Food Truck Vendor and space around Food Truck Vendor in a clean and
sanitary condition.
9. Failure to comply with any requirements of the Food Truck Vendor Permit or putting the
health, safety and welfare of the public at risk.
10. Using electrical generator or Town electricity without prior permission by Town.
11. Failure to comply with Avon Municipal Code Section 5.04.080 Vendor Regulations.
B. Upon receipt of any evidence of violation of the Food Truck Vendor Permit or Town of Avon Food
Truck Vendor Regulations, the Town Manager may submit a written demand for compliance to the
Food Truck Program Vendor Regulations
March 22, 2022
Page 7 of 7
Food Truck Vendor Permit holder, may summarily suspend the Food Truck Vendor Permit and/or
may schedule a hearing for consideration of revocation. Prior to revoking a Food Truck Vendor
Permit, the Town Manager shall provide at least three (3) days prior written notice to the Food Truck
Vendor of the date and time of hearing and such notice shall describe the violations of the Food
Truck Vendor Permit. An action to revoke a Food Truck Vendor Permit shall be in writing.
These Food Vendor Regulations are adopted on March 22, 2022, by the Town Manager in accordance with Avon Municipal Code Section 5.04.080(e).
For Immediate Release | April 14, 2023
Town of Avon is Seeking Food Purveyors to Participate in the 2023 Food Truck
Program
Avon, CO – The Town of Avon is seeking restaurants and food purveyors to apply to participate in the 2023 Food
Truck Program. The Food Truck Program allows for one food truck to operate this summer near Harry A. Nottingham
Park located on Lake Street in Avon from May 26th, 2023, through September 4th, 2023.
The objective of Avon’s Food Truck Program is to support small business opportunities, provide more activity in Harry
A. Nottingham Park, and to enhance the visitor and resident experience. The program is intended to promote high
quality food truck vendor operations, maintenance, and design for operators under the Food Truck Program.
“We are looking for food purveyors or restaurants who offer creative, imaginative, and unique food items that are
compatible with the ambience of the Town of Avon,” said Chelsea Van Winkle, Special Event Coordinator with the
Town of Avon. “In 2022 we had one food truck that was a part of our program and this summer, we hope to have
numerous food trucks in the location throughout the week to enrich the experience of residents and visitors,” stated
Van Winkle.
Food purveyors wishing to apply for Avon’s Food Truck Program can contact Chelsea Van Winkle at
cvanwinkle@avon.org to receive the application and guidelines.
# # #
Attachment D
970-471-5370 shymes@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Sarah Smith Hymes, Sustainability Coordinator
RE: CC4CA Policy Update
DATE: May 16, 2023
SUMMARY: Colorado Communities for Climate Action (CC4CA) updates its Policy Statement every other
year. Unanimous consent of its 42 members is required for adoption, with final discussion and voting taking
place at the CC4CA annual retreat June 8-9. CC4CA asks that each member’s Board representative(s) are
authorized to make the decision to adopt the updated Policy Statement. The proposed updates have been
crafted and extensively reviewed by CC4CA’s Policy Committee and Board of Directors. Currently,
Councilor Lindsay Hardy and Sustainability Coordinator Sarah Smith Hymes are Avon’s designated Board
representatives and will vote on Avon’s behalf.
BACKGROUND: CC4CA is a coalition of 42 Colorado counties and municipalities advocating for strong
state and federal climate policy. Recognizing the importance of legislative action in meeting the Town’s
greenhouse gas emission reduction target of 50% by 2030 and 80% by 2050, the Avon Town Council
officially joined CC4CA in November 2018. A resolution expressing support for CC4CA’s Policy Statement
was adopted at that time, as required for membership. Resolutions are not required for adoption of updates
to the Policy Statement; the last update was in 2021.
PROPOSED UPDATES: A red-line version showing all changes to the Policy Statement can be found in
Attachment A. Most of the proposed revisions are simple copy or clarifying edits and reorganization of
some sections; those that are somewhat more substantive are:
General Policy Principles
• third bullet: include “fiscal tools” to clarify that this list may include fiscal policies
• fifth bullet: re-worded to focus on equitable decision-making
Energy Generation
• Expands “Energy Generation” to include “Transmission and Distribution”
• #10 and #11 - Retire existing fossil fuel generation as quickly as possible, discourage construction
of new fossil fuel generation
• #18 – Encourage statewide policies that enable local governments to enact land use, zoning, and
planning policies that help reduce greenhouse gas emissions and improve resilience
• #19 – New item focused exclusively on agriculture and forestry
Fuel Sources
• Renames/reframes this section from being strictly about fossil fuel extraction to being more broadly
about fuel sources.
• #22 – Shifts the policy position from simply “expanding” efforts related to reducing extraction-
related activities to “eliminating” GHG emissions from those activities.
• #23 – This is a new position focused on evaluating alternative energy options.
Page 2 of 2
FINANCIAL CONSIDERATIONS: None related to the updated Policy Statement. The CC4CA Board
approved a first-ever dues increase: Avon’s base rate for its population size will go up to $5,150 from
$5,000. One third to one half of the members, including Eagle County, choose to pay higher than base rate
for their population size. Avon does not.
RECOMMENDATION: The proposed updates are minor and acceptable.
Thank you.
Sarah
ATTACHMENT A: Redline Version of Proposed Updated CC4CA Policy Statement.
Adams County · Aspen · Avon · Basalt · Boulder · Boulder County · Breckenridge · Broomfield · Carbondale
Clear Creek County · Crested Butte · Dillon · Durango · Eagle County · Edgewater · Erie · Fort Collins · Frisco
Gilpin County · Glenwood Springs · Golden · Lafayette · Lake County · Larimer County · Longmont · Louisville · Lyons
Mountain Village · Nederland · Northglenn · Ouray County · Pitkin County · Ridgway · Routt County · Salida
San Miguel County · Snowmass Village · Summit County · Superior · Telluride · Vail · Wheat Ridge
CC4CA Policy Statement
Effective July 1, 2021
Adopted by the Board of Directors June 4, 2021
PROPOSED REDLINE EDITS
FORMALLY PROPOSED BY THE POLICY COMMITTEE 3/9/23
(and updated with new language for #18 on 4/13/23)
[Tracked changes are in RED and complete relocation of text is in GREEN.]
Colorado Communities for Climate Action is a coalition of local governments advocating for
stronger state and federal climate policy. CC4CA’s policy positions reflect unanimous
agreement among the coalition members on steps that should be taken at the state and federal
level, often in partnership with local governments, to enable Colorado and its communities to
lead in protecting the climate.
CC4CA generally focuses on legislative, regulatory, and administrative action, supporting
efforts that advance the general policy principles and the detailed policy positions described
below, and opposing efforts that would weaken or undermine these principles and positions.
General Policy Principles
The following general principles guide Colorado Communities for Climate Action’s specific
policy positions. CC4CA supports:
•Collaboration between state and federal government agencies and Colorado’s local
governments to advance local climate protection and resilience.
•State and federal programs to reduce greenhouse gas pollution, including adequate and
ongoing funding of those programs.
•Analyses, financial incentives, infrastructure, fiscal tools and enabling policies for the
development and deployment of clean energy technologies.
•Locally driven and designed programs to support communities impacted by the clean
energy transformation.
•Centering equity in decision-making by prioritizing policies that address systemic
environmental and governance inequities based on race and socioeconomic status and
that justly transition and grow the clean energy economy.Prioritizing policies that put
equity at the center of decision-making by addressing systemic environmental and
ATTACHMENT A
2
governance inequities based on race and socioeconomic status and by justly
transitioning and growing the clean economy.
Policy Positions
Colorado Communities for Climate Action supports policies that the following policy
positions:
Statewide Climate Strategies
1. Reduce statewide greenhouse gas emissions consistent with or greater than the State
of Colorado’s 2019 adopted, codified goals.
2. Secure accurate, actionable, useful, and regular state greenhouse gas inventories and
forecasts for Colorado which are made accessible to local governments and incorporate
alignment between state and local inventory data to the extent possible.
3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas
emissions that ensures the benefits accrue justly and equitably to impacted
communities.
4. Treat Expand consideration of the environmental and health costs associated with
the use of fossil fuels as an important priority in making and implementing climate-
related policy.
Local Climate Strategies
5. Remove barriers and promote opportunities that allow counties and municipalities
to maximize deployment of local clean energy and climate-related strategies, including
resilience-oriented strategies, while promoting affordable, accessible, and equitable
delivery of reliable clean energy.
6. Enable local governments to obtain the energy use and other data from utilities and
state agencies that they need to effectively administer climate and clean energy
programs.
7. Support a comprehensivewell-designed public processes for evaluating retail and
wholesale energy choice options for communities, informed by a broad variety of
stakeholders.
8. Provide for cost-effective and equitable policies, strategies, and practices that enable
and accelerate energy efficiency in buildings, beneficial electrification, reducing
building related GHG emissions, and improvinge quality of life, and making the electric
grid more robust and resilient.
3
Energy Generation, Transmission, and Distribution
912. Modernize energy infrastructure to strengthen grid reliability, enhance resilience
(community-based and otherwise)resilience, improve transmission, and more fully
integrate renewable energy, distributed generation energy, and energy storage
resources.
109. Retire or discontinue the use of fossil fuel power plants while ensuring grid
reliability.9. Accelerate retirement of existing fossil fuel generation facilities and their
replacement with cost-effective and reliable clean energy supplies, through means that
support utilities, consumers, and the communities where these facilities have been
located.
110. Discourage construction of new fossil fuel power plants.Prevent construction
and/or operation of new greenhouse gas-emitting energy generation facilities
121. Expand the ability of electric cooperatives and municipal electric utilities to
independently purchase local renewable electricity and take other steps to reduce
greenhouse gas pollution.
12. Modernize energy infrastructure to strengthen grid reliability, enhance resilience
(community-based and otherwise)resilience, improve transmission, and more fully
integrate renewable energy, distributed generation energy, and energy storage
resources.
Energy Efficiency
13. Expand demand side savings from efficiency and conservation for all energy types.
14. Support ongoing and sustainable funding for weatherization and renewable energy
assistance to low-income households, including those in fossil fuel-dominated
economies, so that all Coloradans have access to comfortable and affordable homes.
14. Support ongoing and sustainable funding for programs that assist communities in
the transition from fossil fuel-dominated economies.
15. Provide counties and statutory cities and towns with the same authority held by
home rule cities to implement local energy conservation policies and programs.
Transportation
16. Ensure effective implementation of Colorado’s vehicle emissions standards, GHG-
related regulations, state and regional transportation-related plans, and other
4
regulatory and programmatic activities designed to reduce greenhouse gas emissions
from mobile sources.
17. Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase
electrification of all motor vehicles.
17. Increase funding and policy incentives for multimodal transportation and mobility
multimodal-friendly development statewide.
19. Incentivize and select mobility optionsalternatives, including movement of both
people and goods, based on efficient use of resourcesenergy efficiency, and
environmental costs and benefits.
Land Use
18. Encourage adoption and implementation of statewide policies that enable local
governments to enact land use, zoning, and planning policies that help reduce
greenhouse gas emissions and improve resilience.Support adoption and
implementation of land use practices that reduce greenhouse gas emissions and
improve resilience.
19. Support Encourage adoption and implementation of practices in the agriculture and
forest sectors that durably reduce greenhouse gases, increase resilience, improve
water conservation, support ecosystem health, and promote development of a
sustainable, low-carbon agricultureal and forestry economy in Colorado.
Resilience
206. Promote proactively programs and efforts that improve the resilience and
adaptability of Colorado communities in the face of natural disasters and other major
challenges associated with climate change, including ensuring that disaster
stabilization and recovery efforts result in reduced greenhouse gas pollution and
improved resilience to future disasters.
218. Reduce greenhouse gas emissions and increase resilience associated with water
management, and increase water resilience, through water conservation, efficiency,
reuse, adaptation and, low impact development strategies, and other approaches.
5
Fuel SourcesFossil Fuel Extraction Activities
22. Eliminate emissions from and achieve comprehensive, high accuracy monitoring of
Expand monitoring and reduction of the full life cycle emissions from fossil fuel
extractive industry activities.
23. Secure appropriate guardrails on the development/use of alternative energy
technologies, such as hydrogen and biomass, based on their life cycle greenhouse gas
emissions impacts, environmental and social impacts, and cost.
Waste
24. Ensure that Grant CDPHE has adequate authority to implement plans and policies
for meeting Colorado’s statewide and regional solid waste diversion goals.
25. Secure high levels of circular economy activities like reuse, recycling, composting,
and reducing the carbon intensiveness of materials and products, including reducing
Reduce or and eliminatinge use of disposable/single-use products and promote reuse
of materials, including construction and demolition waste.
23. Foster circular economy policies like reuse, recycling, composting, and reducing the
carbon intensiveness of materials and products.
26. Achieve significantReduce greenhouse gas emissions reductions from solid waste,
water treatment, and wastewater processing., and agricultural activities.
General
25. Encourage adoption of climate-positive innovations like telecommuting, drawing
from the lessons learned during the coronavirus pandemic, to substantially reduce air
and greenhouse gas pollution.
26. Promote proactive programs and efforts that improve the resilience and
adaptability of Colorado communities in the face of natural disasters and other major
challenges associated with climate change, including ensuring that disaster
stabilization and recovery efforts result in reduced greenhouse gas pollution and
improved resilience to future disasters.
27. Support ongoing and sustainable funding for programs that assist communities in
the transition from fossil fuel-dominated economies.
28. Support exploration and deployment, when appropriate, of well-regulated
technologies and practices that retain currently sequestered carbon, capture
greenhouse gasses before they are emitted, remove greenhouse gasses from the
6
atmosphere, and use or sequester this carbonnatural climate solutions (NCS) and of
carbon capture and utilization/sequestration (CCUS).
28. Reduce greenhouse gas emissions and increase resilience associated with water
management through water conservation, efficiency, reuse, adaptation and low impact
development strategies.
29. Encourage investments that achieve climate-positive solutions, including policies
that encourage entities investing public dollars to consider partial or full divestment in
fossil fuel extraction and use as part of their investment strategies.
30. Maintain protections and authorities currently provided under environmental laws
like the National Environmental Policy Act, Clean Air Act, and Clean Water Act, and
ensure that these laws are fully implemented and can be improved through
stakeholder input when appropriate.
970.748.4012 eblock@avon.org
Page 1 of 4
TO: Honorable Mayor Phillips & Avon Town Council
FROM: Emily Block, Development Coordinator
RE: 2023 Construction Activity Update
DATE: May 16, 2023
SUMMARY: This report provides a snapshot update of current construction activities occurring throughout
Town, with more detailed information provided on the larger jobs. Year to date, the Community
Development Department has issued 67 permits with a total construction valuation of $10,264,076. The
remainder of this report includes descriptions and updates on the largest active construction projects in
Town: McGrady Acres, Frontgate, Eagle River Water and Sanitation Wastewater plant, Dual-Brand Hotel,
One Riverfront, and the Maverik gas station.
MCGRADY ACRES: The McGrady Acres development will total twenty-four (24) luxury townhomes when
completed. A building permit was issued for the first of six (6) buildings in Fall 2022. The second building
was issued Spring 2023, with additional buildings to follow. The project included a parkland dedication
which will expand the Eaglebend pocket park, as well as a river open space tract to gain foot access to the
Eagle River. At this time, foundation has been poured and construction should begin shortly (May of 2023).
FRONTGATE: After just one year of construction, the project has achieved significant milestones.
The vertical construction of the Phase I condominiums has been completed, and our trade partners are
currently working from the west end of the project to the east to complete each condominium unit. We
expect to achieve C/O on Phase I of the condominiums before Thanksgiving of 2023, and we are working
closely with the Avon town planning and building department to meet this target. In addition, the site work
and shoring wall for the townhomes on the east end of the site were completed this winter, and the framing
of three of the six Phase I townhomes will be completed later this spring. We are pleased to announce that
Phase I of the condominiums is now over 75% sold, and due to the high demand, we have released Phase
II for sales just before the end of the ski season. We will continue to keep you updated on the progress of
this project, and we appreciate your ongoing support.
LINK to more info HERE
970.748.4012 eblock@avon.org
Page 2 of 4
EAGLE RIVER WATER & SANITATION: The construction contractor for the Avon Wastewater Treatment Facility
Nutrient Upgrades Project mobilized on May 4, 2020 to upgrade the facility to meet Colorado Department of Public
Health and Environment regulations and to replace aging infrastructure. COVID caused multiple delays to the
project, but it is moving along. They are currently installing their retaining wall and fencing, re-doing the exhaust
fans and hoods in the lab, with final grade and site cleanup to follow. Final inspections on all HVAC equipment will
take place this summer of 2023.
DUAL BRAND HOTEL: The actual building structure should be complete within the next month (May 2023),
leading to mobilization of interior trades. The building skin will mobilize following completion of the structure;
siding, stone and stucco will begin in May. Site work is ramping up, with parking lots, hardscapes, and
landscaping planned for this summer season. The entire project is scheduled to be complete in February of
2024. LINK to more INFO HERE
970.748.4012 eblock@avon.org
Page 3 of 4
ONE RIVERFRONT: As of May 2023, all 40 of the One Riverfront Condos are sold and completion of the
building is on schedule for February 2024. We are currently applying exterior finishes including wood trim,
plaster and cementitious siding. Inside the building, we are working on a wide variety of work including
framing of units and MEP rough in all the way to installation of cabinetry and final painting of units.
With regards to the townhomes, 11 of the 13 townhomes have been completed and are now occupied under
a TCO. The remaining two units, buildings 12-13, are scheduled to complete and close by the developer by
end of June 2023. Sitework adjacent to townhomes, including remaining sidewalks and landscaping start
mid-May and continue until complete approximately end of June 2023. LINK to more info HERE
970.748.4012 eblock@avon.org
Page 4 of 4
MAVERIK GAS STATION: Cameron Construction obtained permits in January of 2023 to build a new
Maverik gas station at 240 Wagon Trail Rd. Fuel storage tanks are in the ground, the foundation has been
poured and exterior walls and roof are in place, with the canopy to follow. The project is scheduled to be
complete this coming August (2023).
Thank you, Emily
FINANCE COMMITTEE MEETING WEDNESDAY, MAY 3, 2023 HYBRID MEETING; IN-PERSON AND ON ZOOM
Finance Committee Meeting, May 3, 2023 1 | 2
1. ROLL CALL
The meeting began at 5:07 p.m.
PRESENT- Finance Committee: On Zoom, Committee Chair Steve Coyer and Committee Member Craig
Ferraro. In Person, Committee Member Markian Fedeschuk.
Town Council: Mayor Pro Tem Tamra Underwood and Councilor Rich Carroll
Town Staff: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, incoming
Finance Director Paul Redmond, Finance Manager Joel McCracken, and Town Clerk Miguel
Jauregui Casanueva, as Secretary. DDA Town Consultant Kristin Kenney Williams was also
present for the meeting.
ABSENT- Finance Committee: Committee Members John Widerman, Clark Rogers, Terry Nolan, Lisa
Post, Dee Wisor, and Linn Brooks
Town Staff: Finance Director Scott Wright
2. APPROVAL OF NOVEMBER 9, 2022 MINUTES
Committee Chair Steve Coyer moved to approve the minutes from the November 9, 2022 meeting and
Committee Member Markian Fedeschuk seconded the motion. The motion passed unanimously by those
present.
3. PUBLIC COMMENT
There was no public comment.
4. WELCOME TO NEW FINANCE DIRECTOR (FINANCE DIRECTOR SCOTT WRIGHT AND INCOMING FINANCE
DIRECTOR PAUL REDMOND)
Town Manager Eric Heil explained the purpose of the Finance Committee to those present and agreed
to moderate the meeting. Heil then welcomed incoming Finance Director Paul Redmond to Committee
at which time, Redmond gave a brief synopsis of his professional experience.
5. STAFF UPDATES ON FINANCIAL RESULTS THROUGH MARCH 2023 (FINANCE MANAGER JOEL MCCRACKEN)
Finance Manager Joel McCracken delivered his presentation on the financial results of the Town
through March 2023. Town Manager Eric Heil then spoke of the Accommodation Tax and explained
that the Town discontinued the use of Inntopia DestiMetrics because most properties were not
reporting their data into that system. He suggested that in the future, Council may have to pass an
ordinance to mandate that properties must report to DestiMetrics so that the data can be gathered
and analyzed.
Committee Chair Steve Coyer inquired on the increase in revenue at Avon Rec and it was
concluded that the increase in revenue is based on an increase in admissions and not increase in
pricing, given that Rec has not made significant adjustments to its pricing since 2019.
6. VILLAGE (AT AVON) FINANCIAL OVERVIEW (TOWN MANAGER ERIC HEIL)
Town Manager Eric Heil introduced the topic of the Village at Avon and added that Avon is hosting
a Public Administration Graduate Student from CU Denver who will bse working on their Capstone
Project regarding the Village at Avon. He explained that the current Capstone Project will focus on
the vision of low, mid, and high-density development of Avon. There was discussion surrounding
the Village at Avon’s tax credit and outstanding debt.
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7. LOT B PUBLIC/PRIVATE PARTNERSHIP (TOWN MANAGER ERIC HEIL)
Town Manager Eric Heil delivered his presentation on Lot B and the parameters of a public/private
partnership to develop it. Discussions included the addition of a parking garage project with 100-
200 parking spots at Lot B, and the mention of interest in luxury condos but the preference for a
hotel project which may generate more tax revenue for the Town.
8. USE TAX PROPOSAL (TOWN MANAGER ERIC HEIL)
Town Manager Eric Heil delivered his presentation on the Town’s exploration of a 4% Use Tax, as
applicable to the purchase of construction materials. Discussion was had around the timing of this
tax proposal vis-à-vis a 5% retail tax proposal stemming from the marijuana ballot which is to be
postponed by one year. Mayor Pro Tem Underwood asked staff to remind Council of the
commitment to regulate and tax marijuana sales in Avon. Consensus was to present the Use Tax
proposal to Council in May or June of 2023.
9. DDA FORMATION AND IMPLEMENTATION (TOWN MANAGER ERIC HEIL)
Town Manager Eric Heil delivered a presentation of the formation of a Development District
Authority (DDA) in Avon. Discussion included the financial and tax implications and opportunities
that a DDA brings in the short and long term.
10. UPDATES ON DEVELOPMENT PROJECTS (PLANNING DIRECTOR MATT PIELSTICKER)
Planning Director Matt Pielsticker identified that the Planning Department is working on a Property
Tax update that will be discussed in the next Finance Committee meeting.
11. NEXT COMMITTEE MEETING DATE
After deliberations, consensus among Finance Committee Members was to host the next meeting on
June 19, 2023, at 17:00 hours at the Mount Holy Cross meeting room at Avon Town Hall.
12. ADJOURNMENT
The meeting adjourned at 6:42 p.m.
Respectfully Submitted by:
Miguel Jauregui Casanueva, Town Clerk.
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1. ROLL CALL
Present- Committee Members: Committee Chair Kevin Hyatt, Committee Vice Chair Pat Nolan and Committee
Members, Kathy Ryan (virtual), Pam Warren, Nancy Tashman and Lisa Post
Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, and Recreation Services
Superintendent Jerrica Miller
Town Council: Councilor RJ Andrade and Councilor Ruth Stanley (virtual)
Committee Chair Kevin Hyatt opened the meeting at 10:05 a.m.
2. APPROVAL OF THE AGENDA
Councilor RJ Andrade motioned to approve the agenda; Committee Member Pam Warren seconded the motion to
approve the agenda. Committee Chair Kevin Hyatt declared the agenda approved.
3. APPROVAL OF THE MARCH 2023 MEETING MINUTES
Committee Member Nancy Tashman made a motion to approve the minutes from the March 21, 2023 meeting and
Councilor RJ Andrade seconded the motion. Committee Chair Kevin Hyatt declared the minutes approved.
4. PUBLIC COMMENT
No public comments were made.
5. BUSINESS ITEMS
5.1 Recreation Department Update
5.1.1 Winter Recap
Recreation Director Michael Labagh provided an update on Winter programs including implementation of new youth
sports and activities and adult country line dancing. The Kids Swim Night Out program was very successful for its
inaugural year and will become a core program during the winter months moving forward.
The Recreation Center staff are looking to expand adult sports offerings. Pickleball opportunities have been added,
including the first pickleball single day tournament. Also held were volleyball single-day tournaments, and consistent
aquatics programming. Aquatics Superintendent Kacy Carmichael provided an update stating that there are 9 newly
trained lifeguards since the beginning of 2023 with 3 more registered for training in June, 6 new lifeguard instructors and
4 Swim Instructors have been trained since the start of 2023.
Recreation Director Michael Labagh shared average daily visits and revenue slides and spoke about how busy the
winter was. He then provided facility updates, including construction status on the steam room and sauna remodel. He
reminded the Committee that last week was the pool maintenance closure which included deep cleaning and equipment
maintenance such as changing sand media, installing new depth markers and waxing the waterslide.
The Committee commented/inquired:
A. Committee Member Kathy Ryan said good job to the Rec Staff, they are moving in the right direction.
B. Committee Member Nancy Tashman inquired if there was pushback on admissions price increase?
C. Committee Member Lisa Post asked about “Power Plate” equipment?
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Recreation Director Michael Labagh replied that the only feedback that was received about admission prices and
policies changing was regarding punch card expiration date changes. Recreation Director Michael Labagh replied that
he had never heard of “Power Plate” system and will investigate it. He mentioned that staff are also looking into a Body
Mass Index scale.
5.1.2 Summer Programming & Updates
Recreation Director Michael Labagh stated that the Recreation Department is poised to expand summer camps this
year, with Tuesday and Thursday registration accepting up to 30 kids, and Monday/Wednesday/Friday registration
accepting up to 50 kids in two age-appropriate groups. Tuesdays and Thursdays are set aside for field trips, so van
transportation is the reason for smaller registration size. Recreation Services Superintendent Jerrica Miller stated that
there have been over 30 people on the wait list every day. Staff will prioritize local workforce families when opening
spots to the wait list. Jerrica has developed leaders out of the camp counselors by encouraging them to come up with
their own crafts and games for the children to enjoy. There will be volleyball league, outdoor basketball, and plenty of
pickleball this summer. The Recreation Department is advertising to recruit tennis instructors.
The Committee did not have any comments or inquiries.
5.1.3 Community Swim Program
Aquatics Superintendent Kacy Carmichael gave an update on the Community Swim Program. So far in 2023 there
were 94 Avon Elementary School 1st and 2nd graders who attended group swim lessons twice a week in April. 80% of
those students received free or reduced cost for lessons. Each student was able to attend two 30-minute lessons. 24
students are expected this week to attend Berry Creek Middle School group swim lessons, with children receiving four
30-minute swim lessons each. The number of participants in regularly scheduled group swim lessons is 135
participants to date. That includes 4 Adults, 33 infants/toddlers, 47 preschoolers, and 51 children age 6 and up. 23 kids
have received private swim lessons, 7 of them were from Small Champions, an organization for special needs children
that covers the cost of their private swim lessons. The recreational swim team has around 17 swimmers and is now
offered 3 days a week on Tuesdays, Wednesdays and Thursdays. The USA Seniors and Gold team have 5 swimmers
each, a total of 10 USA competitive swimmers. All swim teams combined have about 27 swimmers total.
Recreation Director Michael Labagh mentioned a future for Homestake Peak School (HPS) free swim lesson
program once the issue of transportation can be resolved.
The Committee commented/inquired:
A. Committee Member Nancy Tashman inquired about how many of the rescues this year were children and related to
swimming ability?
B. Committee Member Nancy Tashman inquired if everyone was okay or did anyone have to go to the hospital?
C. Committee Member Nancy Tashman congratulated Staff on the success of the swim team.
Aquatics Superintendent Kacy Carmichael replied stating that 6 were children who needed rescue because of
swimming ability or injury that led to a need for a water rescue. Aquatics Superintendent Kacy Carmichael explained
that the only one hospitalized was related to an adult medical emergency, not swimming ability.
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5.2 La Zona Planning Project Update
Recreation Director Michael Labagh provided an update on La Zona, using the illustrations of future building additions
to explain where each amenity will be moving.
The Committee commented/inquired:
D. Committee Vice Chair Pat Nolan inquired where the senior fitness class would be moved to?
E. Committee Vice Chair Pat Nolan asked if there will be a commercial kitchen?
F. Councilor Ruth Stanley inquired where yoga would be held?
G. Committee Member Pam Warren asked where the hot tub will go?
H. Committee Member Pam Warren asked about costs?
I. Committee Member Nancy Tashman commented that it would be great to have lots of windows in the child watch
area for sunlight.
J. Committee Member Pam Warren inquired about the child watch, how long can the children stay, and would it be
free? What are the staffing guidelines?
K. Committee Member Kathy Ryan commented that adding an upstairs kitchen would complicate accessibility for
seniors and the expense is unnecessary. She would also like to see the Town maintain small community values
and have the Recreation Department use Avon Elementary School more as a multi-use facility.
Recreation Director Michael Labagh explained that the West Studio would become a Child Watch, a new addition would
be built to house the weight room and new functional training space. The upstairs multi-use studios would be used for
Older Adult programming, fitness classes and have storage. Recreation Director Michael Labagh replied there is no
plan to add a commercial kitchen at this time, but the kitchen in the new Child Watch area will stay intact. Recreation
Director Michael Labagh explained that yoga would be held on the second floor in the multi-use studios. Recreation
Director Michael Labagh replied with the intended location of the hot tub, being out by the pool patio and explained to
the Committee that La Zona is complicated, interconnected, and expensive. Everything must work together
synchronized and he is pleased with what the Town is able to move forward with to the design phase. Recreation
Director Michael Labagh explained that some items will need to be determined during the process such as reinforcing
the floor where the weights were causing wear and tear and looking at the potential to build administrative offices
elsewhere instead of on top of the existing building. Recreation Services Superintendent Jerrica Miller explained the
time for Child Watch has to be under 3 hours. Recreation centers are charging around $5/hour, which is very affordable.
Recreation Services Superintendent Jerrica Miller has gathered information from surrounding area Recreation Centers
that provide Child Watch services.
5.3 Eaglebend Pocket Park Transformation Project
Recreation Director Michael Labagh shared slides with photos and maps of the Eaglebend Pocket Park and explained
where the expanded area would be and how the Town is embracing the opportunity to perform extensive community
outreach. Town of Avon is a Great Outdoors Colorado (GOCO) grant finalist and will find out if selected in the next few
weeks.
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The Committee commented/inquired:
A. Committee Member Pam Warren commented that the pocket park is tiny, what can you really add there?
B. Committee Member Nancy Tashman inquired if the grant was based on what you plan to do with the space?
C. Committee Member Pam Warren commented that the open space by the river is great space.
Recreation Director Michael Labagh replied that the Town will ask the community and Health & Recreation Committee
what could go there. There is also an opportunity to partner with Eagle Valley Outdoor Movement (EVOM) because
they specialize working with Latino community members. Recreation Director Michael Labagh confirmed that the vision
for the expanded park was important in the GOCO grant process.
Recreation Director Michael Labagh inquired of the Committee what is most important to them and what amenities
should be included?
A. Councilor RJ Andrade commented that the community will likely want a dog park. He would like to see the Town
concentrate on not duplicating what we have already available in other areas. It would be great to have gathering
spaces like picnic shelters and grills.
B. Committee Member Nancy Tashman asked how far away the apartment complex is from the pocket park? Who is
closest to use the park by walking there, there’s no parking and parking at Home Depot is not realistic with the
obstacles in the way.
C. Committee Member Pam Warren commented that Eagle Vail has a great picnic area, but it’s not enough space.
Getting out of the sun is important, but a picnic area would be great. When surveying the residents give them the
list of what’s possible.
D. Committee Vice Chair Pat Nolan emphasized that shade is important, she’s observed that in Denver there are
playgrounds that no one can use because the equipment is so hot in the sun.
E. Councilor RJ Andrade commented that this park could house a community garden.
F. Committee Member Pam Warren commented that a community garden could beautify the area. The challenge
would be restrooms if we encouraged gatherings with food and beverage. Even an aesthetic enclosure around a
portable toilet. Some kind of bathroom option should be considered.
G. Committee Member Nancy Tashman commented that a water source would be necessary for a community garden
or a picnic area.
H. Committee Member Pam Warren, we face water challenges, and designers need to think about minimizing irrigation
requirements, grass consumes a lot of water.
I. Committee Member Lisa Post inquired if a water fountain would be included?
J. Committee Member Pam Warren inquired about the demographics and size of the survey audience for this pocket
park. She also commented that the residents are important to prioritize, not visitors.
Councilor RJ Andrade confirmed that the Town is looking at focusing landscaping efforts with xeriscape design. He also
stated that a portable toilet would be a minimum amenity. Recreation Director Michael Labagh explained that the Town
is pacing itself on pocket park upgrades, trying to focus on one per year. Recreation Director Michael Labagh
commented stating that a water fountain will be added and a shade structure would have to be quite small, 12’ x 12’ that
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can fit two picnic tables. Recreation Director Labagh will work with the Community Development team to answer
questions regarding demographics, home distance to the park, etc.
6. Other Business and Committee Members Comments
A. Committee Member Kathy Ryan commented that Eaglebend should not be over-programmed. Avon’s flaw is
that everything is put in a tiny spot. Nottingham is one of the major errors in over programming. There are too
many things going on there. Pick what is important and stick with that.
Recreation Director Labagh thanked committee members for their time and valuable feedback.
7. ADJOURNMENT
Recreation Director Michael Labagh declared the meeting adjourned at 11:10 a.m.
Respectfully Submitted by
Kacy Carmichael
Aquatics Superintendent