TC Packet 10-10-2023_______________________________________________________________________________ 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, October 10, 2023
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Joint Work Session with PZC for Introduction of State Land Board Project (Planning Director Matt Pielsticker)
5.2. Public Hearing: First Reading of Ordinance 23-06: Rezoning Slopeside to High Density Residential (Senior Planner Jena Skinner) 5.3. Work Session: Council Direction to submit Rezoning Application for East Avon Preserve (Senior Planner Jena Skinner)
5.4. Work Session: Avondale Apartments Cost Comparison (Planning Director Matt Pielsticker and Town Manager Eric Heil) 5.5. Public Hearing: Second Reading of Ordinance 23-05: Amending the Avon Municipal Code to Adopt Parking Regulations (Chief of Police Greg Daly)
6. MINUTES
6.1. Approval of Sept 26, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. Construction Updates (Development Coordinator Emily Block) ** 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.
[970.748.4413] [matt@avon.org]
TO: Honorable Mayor Phillips and Council members FROM: Matt Pielsticker, AICP, Planning Director Eric Heil, Town Manager RE: State Land Board Presentation with Planning Commission DATE: October 3, 2023
SUMMARY: The State Land Board will present conceptual plans (“Attachment A”) for annexing 97.6 acres of land into Avon. Plans call for up to 700 units of Community Housing, 60,000 square feet of commercial space, parks, open space, and a future fire station site. This will be a joint work session with the Planning and Zoning Commission.
Staff recognizes that this is a large scale project that is much more than just an individual apartment development. The scale of this project warrants comprehensive long-term planning analysis. Due to the size of this project, Staff supports an initial work session to introduce the project to the Avon Town Council, Avon Planning and Zoning Commission and the general public before the State Land Board submits an official annexation and development application. Due to existing lease encumbrances on the Property and requirement for substantial infrastructure improvements to serve portions of the development, Staff anticipates that full development of the Property will require more than 20 years to complete.
The consultant team will present (“Attachment B”) key aspects of the project. Public comments will be welcome in accordance with regular meeting procedures. No action by the Council or the Avon Planning and Zoning Commission is requested at the October 10, 2023 meeting.
TOWN MANAGER COMMENTS : Council has previously identified Community Housing as the number one priority issue for the Town of Avon and our region. The current estimated shortfall in workforce housing is 6,000 residential units. Eagle County has the most significant and acute shortage of workforce housing amongst the ski town communities in Colorado.
The State Land Board project is not only a substantial opportunity for development of Community Housing, but it reinforces and implements identified Climate Action Collaborative goals. Specifically, the Climate Action Collaborative has identified the goal to locate housing withing 5 miles of job centers. The State Land Board parcel is uniquely located between Vail, Beaver Creek and Avon, which are the locations of 99% of the lodging in Eagle County. The Property is located directly on US Highway 6, and therefore easily served by transit. The recent approval of the Eagle Valley Transportation Authority will allow the expansion of fare free transit to serve this Property. The Avon Town Council recently approved a policy that new Community Housing should be all electric and strive for net zero greenhouse gas emissions.
Transportation and building energy use are the two most significant generators of greenhouse gas emissions. The opportunity to develop energy efficient, all electric, workforce housing that is on transit and within 5 miles of major job centers is a significant opportunity to achieve our climate action goals.
BACKGROUND: Staff have been meeting regularly since this spring to develop concepts and plans with the State Land Board and representatives from Eagle County, Minturn, Vail, Eagle-Vail, and the Upper Eagle River Water and Sanitation District. The subject properties were identified first and foremost for Community Housing projects. This is based upon the well-documented need for local housing opportunities in the 2016 Housing Needs Assessment and 2018 Housing Deman Analysis, the strategic location between up-valley job centers, and within the boundaries of local and regional transit infrastructure.
Page 2 of 3
PROCESS: Multiple land-use processes would be necessary to realize this development in the Town. Initially, the Town would administer the following land use processes:
• Annexation – Includes Petition to Council and Council Public Hearing. Public Hearings and a Development Agreement would ultimately be approved by Council. School Land Dedication and Park Land Dedication Requirements apply to this project as specified in Avon Municipal Code Sections 7.32.080 and 7.32.090 respectively
• Zoning – Customary at the time of annexation, areas have been identified for zone districts in accordance with the Town’s zoning code.
• Comprehensive Plan Amendment/3 Mile Plan – Includes Public Hearings with Planning and Zoning Commission and Town Council.
If the Property is annexed and zoned for Community Housing and commercial projects, the next step would be for Major Development Plan(s) to be reviewed by the Planning and Zoning Commission. There would be public hearings and design review of individual phases as they are realized.
FEE WAIVERS: In order to promote the development of Community Housing with future projects in Dowd, implementing tax and fee waivers offered by Avon Municipal Code Section 3.14 are expected. Application materials will formally request waivers of sales tax on construction materials, real estate transfer taxes, building permit fees, and development code fees. Council may allow deferment of water tap fees or partially credit toward the cost of required water line upgrades or extensions for the development. Staff estimates the value of the tax and fee waivers for 700 residential units as $20+ Million dollars.
PARTNERSHIPS: Representatives from our neighboring jurisdictions have been involved in discussions since this spring. The possibility of a regional housing authority for the purpose of project(s) within the State Land Board properties has progressed with the Town of Vail and Eagle County.
POTENTIAL SCHEDULE: An expeditious project schedule maintain the possibility of breaking ground on Phase 1 sometime in late 2024. A draft schedule looks like this:
November 14, 2023 | Town Council finds Substantial Compliance of Annexation Plat
November 15, 2023 | Submittal of Land Use Applications
December 5, 2023 | PZC Public Hearing No. 1
December 19, 2023 | PZC Public Hearing No. 2
January 9, 2024 | Town Council formal Annexation eligibility determination
January 16, 2024 | PZC Public Hearing No. 3. (if necessary)
January 23, 2024 or February 13, 2024 | Town Council 1st Reading of Ordinance
February 27, 2024 | Town Council 2nd Rading and Public Hearing of Ordinance
March 12, 2024 | Town Council Public Hearing No. 2 (if necessary)
Page 3 of 3
REQUESTED DIRECTION: No action is requested or required at this meeting. Any questions, requested
information, or general concerns would be helpful as initial feedback to the State Land Board as they prepare a
complete, formal application for annexation and development approval.
Thank you, Matt and Eric
ATTACHMENT A: Project Narrative
ATTACHMENT B: SLB PowerPoint Presentation
ATTACHMENT C: Staff PowerPoint Presentation
ATTACHMENT D: EVMD Board Comments
To: Eric Heil, Town Manager
Matt Pielsticker, Planning Director
From: Greg Ochis, Colorado State Board of Land Commissioners
Date: September 29, 2023
Subject: State Trust Land Project Description
SUMMARY
The Colorado State Board of Land Commissioners (State Land Board) will request that the Town of
Avon annex and zone 97.6 acres of state trust land that is currently located in Eagle County. The land
is located along State Highway 6 near the existing CDOT maintenance and operations facilities.
The State Land Board’s goal is to create the setting for a mixed-use neighborhood that includes up to
700 units of deed restricted community housing, 60,000 square feet of commercial space, parks,
open space, and a location for a new fire station. Individual housing and mixed-use building projects
will be accomplished by third-party developers or local housing authorities on land that is either
ground-leased or sold by the State Land Board.
The first phase of development could begin in late 2024 and it is anticipated that the entire project
will require 25+ years to complete.
BACKGROUND
The state trust land subject to this discussion is part of a 640-acre parcel that was granted to the
State Land Board by the Federal Government in 1876. The property is west of Vail, north of Minturn,
and immediately adjacent to the eastern edge of the Town of Avon (Figure 1 on the following page).
ATTACHMENT A
Figure 1. State Trust Land Location Map
The state trust land is bisected in an east/west direction by State Highway 6 and I-70 which are
located in right-of-ways (ROW) issued by the State Land Board. The state trust land south of I-70
includes a 44.25 acre right-of-way (ROW) issued to the Eagle County School District. The ROW
accommodates a portion of the Homestake Peak School. The remainder of the state trust land south
of I-70 consists of steep slopes, may be geologically unstable, and is likely unsuitable for
development.
The state trust land north of I-70 and south of State Highway 6 includes a commercial office building
(Marketplace) and a storage complex (StorageMart) that are built on ground leases issued by the
State Land Board. The state trust land along the north side of State Highway 6 includes two
commercial buildings (Dowd Development or Shops at Dowd) that are also built on a ground lease
issued by the State Land Board, and a Colorado Department of Highways (CDOT) maintenance and
operations facility that is built on a ROW issued by the State Land Board. CDOT developed mobile
home sites on the easternmost portion of the ROW that are used to house CDOT employees.
2
ATTACHMENT A
Finally, the state trust land north of the Eagle River includes inactive Union Pacific railroad tracks
that run parallel to the Eagle River in a ROW issued by the State Land Board. Some of the land north
of the railroad ROW and below the foot of the steeper hillside is relatively flat and devoid of any
constraints that would preclude development. The features described above are identified on the
map presented in Figure 2 below.
Figure 2. Existing Uses on State Trust Land
A photograph of the state trust land north of the UP Railroad ROW is presented in Figure 3 on the
following page.The view is looking east. The area of developable land is located below the toe of
the steeper lands in the background.
3
ATTACHMENT A
Figure 3. State Trust Land North of the Eagle River
Planning
In 2016, the State Land Board hired an Eagle County based consultant to prepare a preliminary land
use analysis for the state trust land located north and south of the Eagle River. The study identified
approximately 19 acres of land south of the Eagle River that provides opportunities for
redevelopment and almost 35 acres of land on the north side of the Eagle River that is suitable for
new development.
In late 2022 the State Land Board assembled a larger team of consultants to evaluate critical
environmental conditions on the state trust land, test various programmatic uses on the site,
quantify development potential, and verify assumptions regarding development costs and feasibility.
The consultant team includes:
●Land Planners
●Architects
●Civil engineers
●Transportation engineers
●Environmental engineers
4
ATTACHMENT A
●Wetland and wildlife biologists
●Geotechnical engineers
●Surveyors
●Land use attorneys
To date, the State Land Board has committed about $700,000 to advance the feasibility and planning
work associated with the project.
CDOT ROW
The State Land Board issued an 9.4 acre ROW to CDOT for the existing maintenance and operations
facility in 1968. The maintenance facility continues to operate today. Over time, CDOT created 13
sites for employee owned mobile homes on the easternmost part of the ROW. Although only eight of
the sites are occupied today, they provide housing for critical CDOT and Colorado State Patrol
employees. Photographs of the existing facilities on the ROW are presented in Figure 4.
Figure 4. Existing Uses
Investigation by the State Land Board consultant team determined that the existing employee
housing sites cover about 4.9 acres of land and presents the most suitable place to begin the
redevelopment of the state trust land. CDOT agreed to amend the existing ROW to exclude the
employee housing sites and the survey work required to amend the ROW was completed in
September 2023. The image in Figure 5 on the following page illustrates the boundaries of the
existing and amended CDOT ROW.
5
ATTACHMENT A
Figure 5. CDOT ROW - Existing and Amended
Senate Bill 23-01
In January 2023, State Senator Dylan Roberts introduced Senate Bill 23-001. The bill was approved by
the Governor on May 20, 2023. Among other things, the legislation encourages state agencies to
utilize state-owned real property for mixed-income development and affordable housing. A portion
of the funding made available by the Bill will be used by the Governor's office of Public Private
Partnerships to relocate the existing CDOT and public safety employees from the state trust land to
other suitable housing in the valley. The target date for completing the employee relocation is late
2024.
Once the existing employee housing units have been removed, approximately 4.6 acres of land will
be available for redevelopment. Studies prepared by the State Land Board consultant team indicate
that this site can accommodate between 80 and 100 units of deed restricted community housing,
resident parking, a small park, and open space.
Once a community housing project has been developed and leased, it is hoped that funding to move
the CDOT maintenance and operation facilities to a new location can be secured and the remaining
part of the CDOT ROW made available for the development of additional community housing.
6
ATTACHMENT A
Stakeholder Working Group
In order to conduct a cooperative planning effort, the State Land Board entered into a Memorandum
of Understanding with several jurisdictions and metro districts that either shared a border with the
state trust land or had a particular interest in participating in the development of community housing
on the state trust land. These included the Town of Avon, Eagle County, Town of Vail, Town of
Minturn, Eagle Vail Metro District, Traer Creek Metro District, Village at Avon Metro District.
Stakeholders began meeting in April 2023 and topics of discussion since that time have included:
●Quantification of site capacity (type and quantity of uses that can be accommodated on the
state trust land)
●Development of a preliminary opinion of cost for the backbone infrastructure required to
support development (roads, bridges, water and sewer utilities, etc.)
●Presentation and endorsement of a general development concept
●Consensus regarding annexation into the Town of Avon
●Identification of potential sources for the consumable water supply required to support
development on the site
●Discussions with the Town of Vail and Eagle County Housing Authorities regarding potential
Phase One development scenarios.
Concept and Preliminary Zoning Plan
The State Land Board believes that the size and location of the state trust land provides an
opportunity to develop a new mixed-use neighborhood that includes a range of deed restricted
community housing types, commercial space, community facilities, parks, and open space. As
previously noted, it is quite possible that a community housing development project of 80 to 100
units can be developed on just a portion of the CDOT ROW in the relatively near future. The
following narrative describes both the overall vision for the neighborhood and the targeted first
phase.
Concept Plan
The proposed neighborhood is centrally located on the eastern edge of the Town of Avon between
major employment centers in Vail, Beaver Creek, Avon, and Edwards. It is well serviced by public
transit and located astride the Eagle Valley Trail, providing safe and efficient connections to
destinations and other trails throughout Eagle, Summit, Garfield, and Pitkin Counties.
Studies indicate that the site can physically accommodate up to 700 residential units and 60,000
square feet of commercial/retail space. The latter is more or less equivalent to the amount of
commercial space located on the state trust land today. Larger residential and mixed use buildings
are envisioned along the State Highway 6 corridor. A public park and river “promenade” along the
7
ATTACHMENT A
south side of the Eagle River will allow public access through the neighborhood and at points,
directly to the river.
State Highway 6 will be improved to provide access into and through the neighborhood and new
transit stops will be located on the east and west ends of the project. A new roundabout on State
Highway 6 will provide access to a local collector road that crosses over the Eagle River and the UP
Railroad tracks. A grade separated crossing of the railroad is planned although alternatives to cross
the tracks at grade also exist.
Development on state trust land north of the UP Railroad is limited to 200 residential units due to
the allowable length of cul-de-sacs and fire codes. Development can therefore be less dense and
likely provide options ranging from multi-family apartments or condominiums to paired homes. The
plan also anticipates and accommodates potential roadway access to Town of Avon and Traer Creek
lands north and west of the state trust land.
The plan and rendering in Figure 6 below and Figure 7 on the following page illustrate the
development concept for the neighborhood.
Figure 6.Preliminary Development Plan
8
ATTACHMENT A
Figure 7.Birds Eye View looking West from North of the Eagle River
Zoning Plan
The State Land Board has worked with Town of Avon staff to translate the concept plan described
above into a zoning plan that utilizes standard Town of Avon zone districts. Six zone districts have
been used. Those are:
●Mixed-Use Commercial
●Residential High Density
●Public Facilities
●Parks
●Open Space, Landscaping, Drainage
●Roads
Based on the anticipated number of residential units, a 1.6 acre dedication of school land may be
required. At this time, no land has been set aside within the proposed neighborhood for a school site.
The Eagle County School District is currently updating its long-term plans and is reviewing the
proposed neighborhood as a part of that effort. The district’s consultants are expected to complete
9
ATTACHMENT A
their work in November or December of 2023. The State Land Board anticipates engaging in more
detailed discussions with the district once the consultant work is complete.
Finally, in order to achieve the proposed development density for affordable residential units, it will
be necessary to take advantage of the density, height, and parking deviations that the Town makes
available to community housing projects when there is a deed restriction applied to the units.
A draft zoning plan for the proposed neighborhood is presented in Figure 8 and the Development
Summary table is presented in Figure 9 on the following page.
Figure 8. Draft Zoning Plan
10
ATTACHMENT A
Figure 9. Development Summary Table
Phase One
The State Land Board believes that the part of the property associated with the existing CDOT
employee housing can be ready for development by late 2024. Studies prepared by the State Land
Board consultant team indicate perhaps four buildings totaling up to 96 residential units can be
accommodated on the site. Resident parking can be provided with a mix of structured (on the first
level of the building) and surface parking.
Vehicular access for residents is provided directly off of State Highway 6. Vehicular access to the
CDOT maintenance facility is maintained in the existing location and segregated from the access to
the new residential development. The plan in Figure 10 on the following page illustrates the phase
one development concept.
11
ATTACHMENT A
Figure 10. Phase One Concept Development Plan
Future Phases
The proposed development will likely occur in multiple phases over as many as 25 years. The area
encumbered by the CDOT ROW has been identified as the most likely location for phase one and two.
Once phase two is completed, a bridge across the Eagle River can be constructed to provide access to
the developable land north of the UP Railroad ROW. For purposes of discussion, these lands have
been designated as phases 3, 4 and 8. Phase 8 is located on a small and poorly configured parcel that
likely only has development potential in partnership with the property owner to its north.
Phases 5, 6, and 7 are encumbered by existing ground leases that do not expire until 2027, 2037, and
2038 respectively. The State Land Board expects that the leases will remain in place until their
natural expiration and that the redevelopment of these parcels will not occur until that time.
A map of the project phasing described above is presented in Figure 11 on the following page .
12
ATTACHMENT A
Figure 11. Conceptual Phasing Plan
Utilities and Water
The major water and sewer lines required to service the project are in place. The State Land Board
has hired a consultant recommended by the Upper Eagle River Water and Sanitation District to
prepare an analysis of the existing water system and determine whether any offsite upgrades may be
necessary. That work is currently underway and expected to be completed in November 2023.
The State Land Board has determined that at full buildout the project will require between 10 and 20
acre-feet of water. To that end, the agency has initiated discussions with Eagle County to determine
whether the County is willing to dedicate a portion of the water available under the Eagle Park
Reservoir Stock Agreement, dated July 29, 2020, between the Board of County Commissioners of
Eagle County and the Upper Eagle Regional Water Authority (“Water for Housing Agreement”) to
serve the proposed project. We estimate that the current value of the water rights allocation being
requested from the Water for Housing Agreement is approximately $1,300,000.
The discussions with Eagle County are in the very early stages.
13
ATTACHMENT A
Community Subsidies
The State Land Board and other housing stakeholders expect that each development project on the
property will require subsidies in order to achieve the desired levels of affordability. Along those
lines, Avon Town Staff has indicated that project developers will be eligible for Town of Avon tax and
fee waivers for Community Housing. These include a waiver of real estate transfer tax, sales tax on
construction materials, building permit fees, and development application review fees. Additionally,
Avon’s tax and fee waivers allow the Town’s water tap fee to be applied to water system extensions
and upgrades to serve the project. The estimated value of tax and fee waivers from the Town of Avon
is likely to be at least $30,000 per residential unit, or over $18,000,000 in total value over the life of
the project.
State Land Board Capabilities
The State Land Board is a constitutionally created agency responsible for the management of almost
2.8 million acres of land and 4 million acres of minerals on behalf of eight public trusts. The agency,
its staff, and five Governor appointed Commissioners act as fiduciaries on behalf of the trust
beneficiaries.
For a variety of reasons, including certain State of Colorado statutes and fiscal rules, the State Land
Board will not be the actual developer of any projects completed on the state trust land. The agency
has been successful in developing community housing projects on state trust land in Denver and
Broomfield by issuing requests for proposals, selecting qualified developers, and either ground
leasing or selling the land on which the actual projects are developed.
We anticipate that this is the approach that will be used to develop the state trust land and to that
end, have engaged in discussions with representatives of the Town of Avon, Eagle County, and the
Town of Vail to determine how best to proceed.
SUMMARY
The state trust land presents a unique development opportunity in a community where land
resources are limited, property values are extraordinarily high, and affordable community housing is
in critically short supply. Annexation and zoning are the precursors to the development of community
housing on the property. The State Land Board is prepared to submit an annexation petition and map
to the Town of Avon as soon as mid-October if the concept presented herein is met with a positive
response by the Avon Town Council and Planning Commission.
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ATTACHMENT A
State Trust Land
Avon Town Council &
Planning and Zoning Commission
October 10, 2023
ATTACHMENT B
AGENDA
1.Introduction
2.Colorado State Land Board
3.Project Overview
- Context, Site Character, Constraints and Opportunities
- Conceptual Project Plan, Zoning, and Phasing
4. Town of Avon Presentation
- Need for Community Housing
- Process (Annexation, Development Agreement, and Zoning)
- Dedications, Exactions, Fees, Utilities, Review Criteria
- Partnerships and Potential Regional Housing Authority
- Recap of Public Process
5. Questions and Discussion
ATTACHMENT B
$2B FOR SCHOOLS
ATTACHMENT B
ATTACHMENT B
COLORADO TRUST LAND
The Colorado Enabling Act (1875): “sections
16 and 36 … are hereby granted to said state
for the support of common schools.”
~1900 schoolhouse
Gilpin, CO
ATTACHMENT B
2.8 MILLION ACRES
ATTACHMENT B
TOTAL TRUST VALUE
ATTACHMENT B
LEASING PROGRAMS
ATTACHMENT B
AFFORDABLE HOUSING
ATTACHMENT B
PROJECT SUMMARY
1.Annex 90-acres into the Town of Avon
2.New mixed-use neighborhood
3.700 community housing units
•100% deed restricted
•Mix of income levels
•Rental and fee ownership
4.60,000 s.f. of commercial space
ATTACHMENT B
PROJECT LOCATION
ATTACHMENT B
PROJECT LOCATION
ATTACHMENT B
EXISTING CONDITIONS
PLACEHOLDER SLIDE(S) FOR ZEHREN
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
EXISTING CONDITIONS
ATTACHMENT B
SITE CONSTRAINTS
ATTACHMENT B
CONCEPT SITE PLAN
ATTACHMENT B
VIEW ALONG HWY 6
ATTACHMENT B
VIEW ACROSS RIVER
ATTACHMENT B
ZONING PLAN
ATTACHMENT B
ALTERNATE ACCESS
ATTACHMENT B
PHASE ONE
ATTACHMENT B
PHASING PLAN
ATTACHMENT B
Questions/Comments
ATTACHMENT B
PHASE ONE
PLACEHOLDER SLIDE(S) FOR ZEHREN
ATTACHMENT B
STATE LAND BOARD
Development Review Process
Matt Pielsticker,
Planning Director
State Land Board Annexation – Process Review
October 10, 2023
ATTACHMENT C
State Land Board Annexation – Process Review
October 10, 2023
PLANNING REVIEW PROCESS
•Annexation (and Development Agreement)
•Zoning
•Land Dedications
•Exactions and Fees
•Street Planning (coordination with Village (at Avon) Planning Area I
•Utilities (water, waste water)
•Water Rights
State Land Board Annexation – Process Review
October 10, 2023
ANNEXATION PROCESS
•1965 Annexation Act – 3 Step Process
•1st Step: Submit Petition for Annexation (November 14, 2023), Resolution finding
Petition is complete
•2nd Step: Public Hearing to determine eligibility for annexation (contiguity with existing
municipal boundary, “community of interest”), Public Hearing must be set 30-60 days
from 1st Step (January 9th), Resolution finding property is eligible for annexation. An
“Annexation Impact Report” must also be prepared and referred to Eagle County and
Eagle County Schools for comment.
•3rd Step: Adoption of Ordinance to legally annex the property. Annexation Ordinance
may also approve an “Annexation and Development Agreement” which includes all
the details of zoning, entitlements, and developer obligations. (January or February)
State Land Board Annexation – Process Review
October 10, 2023
ZONING
•High Density Residential (20 units per acre, 60’ building height)
•Mixed Use Commercial (allows ground floor retail and neighborhood services, 60’
building height)
•Avon’s Development Bonus process allows increase in density for Community
Housing, parking deviations. (Staff supports increase in density to enable
development of Community Housing at least cost per square foot).
•Parks
•Open Space
•Public Facilities
State Land Board Annexation – Process Review
October 10, 2023
LAND DEDICATIONS
•Parks (may include a portion of dedication as fee in-lieu) – 16.6 acres total
•Open Space
•School land dedication (or fee in-lieu) – 1.87 acres total
•Public Facilities (Fire District sub-station site)
•Street Right-of-Way (crossing to north side of Eagle River)
Preference for Avon is to require land dedications at time of Annexation or initial
subdivision. In the alternative, if the exact location of dedication parcels are not yet
know, then the Annexation and Development Agreement would describe the timing,
phasing, conditions and terms for a future dedication of property. Avon has accepted a
combination of partial land dedications and cash-in-lieu payments.
State Land Board Annexation – Process Review
October 10, 2023
EXACTIONS AND FEES
•Parks (some portion of land dedication requirement may be fees in-lieu paid at
building permit level)
•Schools (some or all of land dedication requirement may be satisfied with fees in-
lieu paid a building permit level)
•Eagle River Fire Protection District (fees paid at building permit level)
State Land Board Annexation – Process Review
October 10, 2023
STREET PLANNING
•Traditional planning function to consider street layouts and connections to adjacent
or nearby properties.
•Main road with bridge across Eagle River and access to property on the north side
of the Eagle River. Future Round-About as primary connection to US Highway 6.
•Connection to Village (at Avon) Planning Area I
PA-I requires two access roads to fully develop
Allowed development with two access roads is 750 dwelling units and 196,970
sq.ft. of commercial development
State Land Board Annexation – Process Review
October 10, 2023
UTILITIES
•Upper Eagle River Water Authority is evaluating the sizing of water supply lines in
the area, water storage and water pressure. Upsizing of water main lines to the
west in Highway 6 is expected after the first phase. Construction of water storage
tank in coordination with Traer Creek is expected to serve the north side of the
Eagle River.
•Eagle River Water and Sanitation District is evaluating the sizing of sewer lines. A
lift station may be needed to serve development on the north side of the Eagle
River
State Land Board Annexation – Process Review
October 10, 2023
WATER RIGHTS
•State Land Board is approaching Eagle County to request approval of allocating
water rights from Eagle County water dedication for housing. The estimated
consumptive use water rights demand is 15 acre feet.
COORDINATION WITH Village (at Avon) PLANNING AREA I
•Streets planning
•Water, Water Storage Tank, and Sewer
•Schools and Parks
•Early Childhood Education
•Community Housing
State Land Board Annexation – Process Review
October 10, 2023
ANNEXATION AND DEVELOPMENT AGREEMENT
•Zoning, Density and Entitlements
•Definition of Community Housing: Minimum Range of Housing Types and Income
Levels
•Vested Property Rights
•Required Land Dedications and Cash-in-Lieu
•Street Plans and Improvements
•Water Rights
•Utility Improvements
•Phasing Plan, Including Phasing of Required Improvements
State Land Board Annexation – Process Review
October 10, 2023
APPLICATION REVIEW PROCESS
•Application Submitted: November 10, 2023
•Referral to Review Agencies
•Council Receipt of Annexation Petition: November 14, 2023
•Planning Commission Public Hearings: December 5 and 19, 2023, January 16 2024
•Council Public Hearing on Annexation Eligibility: January 9, 2024
•Council Public Hearings on Annexation and Development Application and
Consideration of Ordinance: January 23, 2024, February 13 and 27, 2024
STATE LAND BOARD
QUESTIONS?
www.avon.org/planning
State Land Board Annexation – Process Review
October 10, 2023
PO Box 5660, Avon, CO 81620 - (970) 401-8270 - Fax (970) 949-0520
www.eaglevail.org - evmd@eaglevail.org
EagleVail Metropolitan District
October 3, 2023
Greg Ochis
State Land Board
Assistant Director of Asset Management
1127 Sherman St, Suite 300
Denver, CO 80203
RE: Dowds Junction Zoning and Annexation Proposal
Dear Greg,
On behalf of the Board of Directors for the EagleVail Metropolitan District, we are reaching out
to advise the State Land Board, Eagle County, and the Town of Avon of our serious concerns
with the proposed zoning for the Dowds Junction property. We understand the property is
proposed to be annexed into the Town of Avon. Our specific reservations involve the allowable
building heights within the proposed Avon zoning which is reflected on the concept plans and
stakeholder meetings for the project. We ask that the State Land Board and the various
governmental agencies involved address these concerns before any final zoning is adopted on
the property.
The State Land Board is proposing that the land within the site to be annexed, be zoned as
either High Density Residential or Mixed-Use Commercial (both existing Avon zoning districts).
Per Avon’s codes, both districts should be located “adjacent to or in close proximity to the Town
Center”. This land could not be further from the Avon Town Center where services that one
would expect to compliment the proposed uses would be located.
The land in question, along Route 6, is directly adjacent to the EagleVail Metropolitan District
boundary where maximum building heights are currently 35 feet. The proposed Avon
maximum building heights in this area, per the above referenced zone districts, will be six
stories (60 ft) and there are minimal to no setbacks required. During the steering committee
meeting in September, the Town of Avon discussed providing bonus density to this project
which would allow even greater building heights and smaller setbacks.
While we applaud and support the efforts to increase the amount of severely needed
affordable community housing in the County, we are extremely concerned with the effect such
excessive building heights will have on the EagleVail community. Buildings at the proposed
heights would be a complete departure from the existing development patterns on Route 6, the
majority of which is along the limits of EagleVail. Currently only three-story buildings are
allowed within this area, and the vast majority of this neighborhood consists of one to two
stories, as currently developed.
ATTACHMENT D
PO Box 5660, Avon, CO 81620 - (970) 401-8270 - Fax (970) 949-0520
www.eaglevail.org - evmd@eaglevail.org
Although we reserve the right to review the traffic implications from the density proposed. Six
story and larger building heights should be limited to a town or downtown core area and not on
the periphery of a community as reflected in Avon’s zoning which allows these heights.
Buildings of this size are typically proposed in areas where services such as grocery stores,
schools, and other pedestrian friendly services are provided, typically within a town core area.
The section of Route 6 where the buildings are proposed is not pedestrian friendly. While a
bike path was recently added, there are no sidewalks on the south side of Route 6 and there
are no crosswalks at all on this stretch of highway. The zoning proposed is intended for a
downtown core area, where vehicle trips can be limited due to pedestrian friendly
infrastructure. In addition, the proposed buildings would obfuscate views of the northern
slopes across from EagleVail as well as increase highway noise deflection into the EagleVail
community from the large wall that the buildings would create along Interstate 70.
Instead of adopting zoning for this area which was intended to be used exclusively in the Avon
Town core area, a project of this magnitude should utilize or create zoning that is appropriate
for this unique area on the outskirts of the community. The EagleVail Metro District would be
happy to work with the State Land Board as well as the other stakeholders to discuss
appropriate zoning districts that take into consideration the existing adjacent zoning, limited
pedestrian facilities, unique landscape, and existing residential neighbors of this area.
Please let us know how we can further work to ensure this project is planned to take into
consideration the entire community including existing EagleVail residents. Additionally, feel
free to reach out with any questions.
Sincerely,
EVMD Board of Directors
Cc: Eagle County, Town of Avon, EagleVail Property Owners Association
ATTACHMENT D
970-748-4023 jskinner@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Jena Skinner, AICP, Senior Planner Re: Ordinance 23-06 Rezoning Benchmark At Beaver Creek Tract Y, From Open Space, Landscaping, Drainage To Residential High Density Case REZ23001 Rezoning (Public Hearing) DATE: October 3, 2023
SUMMARY: This report provides an overview of Ordinance No. 23-06 rezoning an existing parcel of land owned by the Town of Avon (“Avon”), legally known as Benchmark At Beaver Creek Tract Y (temporarily called “Slopeside”), from Open Space, Landscaping, and Drainage (“OLD”) to Residential High Density (“RH”) for development of a Community Housing project. Avon Town Council (“Council”) has declared Community Housing as the number one priority for the Town of Avon and has directed Staff to explore and pursue every possible opportunity for Community Housing projects. This subject “Property” is 3.5 acres and located between Swift Gulch Road and the I-70, adjacent to the west bound off-ramp at Avon Road, and is adjacent to existing commercial development (7-Eleven).
Location of Property
BACKGROUND: The Property is part of the original Benchmark at Beaver Creek Subdivision, and has been zoned for Open Space, Landscaping, Drainage (“OLD”), since at least 1991. The Future Land Use Map in the Avon Comprehensive Plan designates the Property as “Civic/Public Facilities” which indicated some level of anticipated development. Staff was not able to find any information on past ideas about civic or public facility uses that may have been contemplated for this site.
Swift Gulch, to the east of the Property, was at one time zoned for 105 units of housing. Subsequently that
REZ23001 A Rezoning Application: “Slopeside” Community Housing Oct. 3, 2023 Page 2 of 4
property was rezoned for public use and a public works/transit/fleet campus. The Property also contains a portion of the pedestrian/bike trail that runs between Avon Road and Post Blvd, and the existing Nottingham Puder Ditch. PROCESS: Rezonings can only be initiated by property owners and the Avon Town Council (“Council”) for Town-owned properties. Council directed Staff to submit a rezoning application to Planning and Zoning Commission (“PZC”) at their June 27, 2023 meeting. Staff provided the necessary public notification before this hearing with the PZC. PZC was requested to review the rezoning application and provide a recommendation to Council in accordance with the Avon Development Code. Council approves rezonings by adoption of an ordinance. Ordinance 23-06 is presented to Council which would .
The PZC unanimously recommended approval of this rezoning application at its September 19, 2023, public meeting, PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on September, 28, 2023. OPTIONS: Town Council has the following options with the Application:
• Approval the rezoning application by adoption of Ordinance 23-06
• Approve the rezoning application with revisions
• Continue Public Hearing to a Specific Date
• Deny the application (or direct Staff to withdraw the application) DISCUSSION: The cost of workforce housing has escalated dramatically over the last three years and is regarded as a crisis across Colorado. Properties owned by Avon which are physically suitable for the development of Community Housing have the financial advantage that Avon does not have to include the cost of land into the overall cost of developing housing. 3.5 acres in this location with high density residential zoning likely has a fair market value in excess of $7 Million.
The Property is long, narrow and with a considerable slope, which makes traditional housing development with surface parking difficult and limited. The Property is located near the Swift Gulch bus stop and is a convenient 3 block walk to Avon Station, which will soon provide access to free transit from Vail to Beaver Creek to Edwards. Staff believes this Property is best suited for a Community Housing project that includes a high number of small units (studios) with very limited parking that can accommodate temporary and seasonal workers due to the physical challenges of the sloped site and the proximity to Avon’s commercial core and transit. REVIEW CRITERIA: Town Council must consider a set of review criteria when reviewing rezonings. The review criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings. Staff has provided responses to each review criteria within the attached Application.
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION September 19
TOWN COUNCIL ORDINANCE & PUBLIC HEARING October 10
TOWN COUNCIL INITIATION June 27
REZ23001 A Rezoning Application: “Slopeside” Community Housing Oct. 3, 2023 Page 3 of 4
For your convenience, the following findings must be made by Council for this type of application. Staff will prepare a Findings of Fact and Record of Decision document for 2nd reading of Ordinance 23-06
FINDINGS: §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the proposed development or subdivision;
(4) Compatibility with surrounding land uses;
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;
(6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated;
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract;
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and
(11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.
And,
Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;
REZ23001 A Rezoning Application: “Slopeside” Community Housing Oct. 3, 2023 Page 4 of 4
(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. RECOMMENDED MOTION: “I move to approve first reading of Ordinance 23-06 Rezoning Benchmark Subdivision Tract to Residential High Density.” Thank you, Jena
ATTACHMENT A: Ordinance 23-06 ATTACHMENT B: REZ23001 Slopeside Rezoning Application
Ord 23-06 Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District FIRST READING – October 10, 2023 Page 1 of 3
TOWN OF AVON, COLORADO ORDINANCE NO. 23-06
REZONING BENCHMARK AT BEAVER CREEK TRACT Y, AVON, COLORADO, FROM OPEN SPACE, LANDSCAPING,
DRAINAGE TO RESIDENTIAL HIGH DENSITY
RECITALS
WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone
Benchmark at Beaver Creek Subdivision Tract Y, Avon, Colorado (“Property”) from Open Space,
Landscaping, Drainage (“OLD”) to Residential High Density (“RH”) for the purpose of creating Community Housing;
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held public hearings on September 19, 2023; and prior to
formulating a recommendation to the Town Council considered all comments, testimony, evidence
and Town Staff reports; and then took action to adopt Findings of Fact and a Record of Decision on October 17, 2023, in accordance with AMC §7.16.020(f), making a recommendation to the Town Council to approve the Application for a rezoning;
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the power to approve ordinances necessary and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Town Council held Public Hearings on October 10, 2023, and October 24,
2023 after posting notice as required by law, considered all comments, testimony, evidence,
Planning and Zoning Commission recommendations, and Staff reports prior to taking action on
the Application;
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria and AMC §7.16.010(f)(1), General Criteria, the Town Council has considered the applicable review criteria for rezoning and finds that the criteria are met in accordance with the Findings of Fact;
WHEREAS, the Property is owned by the Town of Avon which is currently zoned Open Space, Landscaping, Drainage and the Property is intended for use as Community Housing;
WHEREAS, the Town Council finds that the rezoning from Open Space, Landscaping, Drainage to Residential High Density will promote the Avon Comprehensive Plan and the Avon
ATTACHMENT A
Ord 23-06 Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District FIRST READING – October 10, 2023 Page 2 of 3
Community Housing Plan, and will thereby promote the health, safety and welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended to confirm the Town
Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Rezoning. Benchmark at Beaver Creek Subdivision, Tract Y, Avon, Colorado, is hereby rezoned from Open Space, Landscaping, Drainage to Residential High Density.
Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The
Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents.
Ord 23-06 Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District FIRST READING – October 10, 2023 Page 3 of 3
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on October 10, 2023 and setting such public hearing for October 24, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
____________________________ _____________________________________ Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING on October 24, 2023.
BY: ATTEST:
____________________________ _____________________________________ Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
___________________________
Karl J. Hanlon, Town Attorney
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION (Draft: To be signed 10/17/23)
DATE OF PUBLIC HEARING: TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT:
September 19, 2023 Rezoning Benchmark at Beaver Creek Tract Y REZ23001 Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) DECISION ON #REZ23001: Recommendation to Town Council: Approval FINDINGS: §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the proposed development or subdivision;
(4) Compatibility with surrounding land uses;
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;
(6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated;
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract;
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and
(11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.
And,
Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well
as the following general criteria which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY: PZC Chairperson
DATE:
PZC Record of Decision: REZ23001
970-748-4023 jskinner@avon.org
SLOPESIDE COMMUNITY HOUSING PROJECT
APPLICATION TYPE: REZONING
FILE NUMBER: REZ23001
LOCATION: Benchmark at Beaver Creek Tract Y Parcel No. 210512106003 https://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R017283
APPLICANT/OWNER: Town of Avon
REPRESENTATIVE: Jena Skinner, AICP
SECTION 1:APPLICATION INFORMATION
APPLICATION SUMMARY: In Avon’s goal to increase the number of dedicated workforce housing units along with a secondary goal of diversifying its housing portfolio of unit types, the Town is currently seeking to rezone a parcel of land owned by the Town, to create a unique, Community Housing development that focuses on rentals for seasonal and or transient members of the workforce. This development necessitates the zone district of Residential High Density to accomplish these goals.
The location of the subject parcel is adjacent to an existing commercial development, separated by an existing parking lot. Typically, it is common to find high density developments adjacent to commercial areas, as activity within these types of land uses have similar levels of intensity. Further, as a unique design element, this development purposefully will limit vehicle parking spaces resulting in a complex that is able to fully maximize the parcel for residences. This design mindset works well with this site because of its location. The site’s walkability to neighboring commercial businesses, town center, park, and open spaces, as well as its location already on a local transit/bus route, makes this an ideal parcel for this unique project and for this specific type of workforce. BACKGROUND: The subject parcel has been long overlooked as a location for development for many years. It was part of the original Benchmark at Beaver Creek Subdivision, and has been zoned for Open Space, Landscaping, Drainage (“OLD”), since at least 1991.
Understandably, Avon has not experienced the population growth and pressure like we have presently. Avon’s historical placement of high density housing was situated along Hwy 6 near Beaver Creek or the Elementary School, with lower density housing (duplexes and 3 or 4 unit townhomes) along Nottingham Rd. and W Beaver Creek Blvd. towards the Town Core. As Avon becomes built out in residential areas and population and workforce demands increase, looking at all available – and suitable, parcels for development becomes necessary to reassess. It is important to remember that costs are significantly less for Community Housing projects when the Town owns the land. Avon also focused their activities at the Swift Gulch location, further to the east. Given that there is no housing of this nature anywhere in town, having housing for
Slopeside/BMBC TY Rezoning Application October 3, 2023 Page 2 of 7
seasonal employees in a resort town becomes very important to support the predominant hospitality services Avon offers, and a fresh look at this parcel for the application of Community Housing is warranted. Adjacent to this parcel is the tail end of the Swift Gulch Addition/subdivision, planned as part of the overall Swift Gulch public facilities property and what was first identified for workforce housing in 2015. The Swift Gulch Addition was originally zoned for an anticipated “105 residential multiple family dwelling units and or commercial as allowed in the SC (Shopping Center) zone district.” Subsequently, that parcel was rezoned for Public Facilities (public use) and a public works/transit/fleet Campus. This parcel also contains a portion of the pedestrian/bike trail that travels to Post Blvd, constructed in 2006, and the Town’s Nottingham Puder Ditch that parallels Swift Gulch Road. As part of this project, these elements will be addressed in some fashion that will allow the site to accommodate all of these components. As part of the outfall of the pandemic, housing discussions and interactions have significantly increased. This is primarily caused by the unforeseen number of people relocating to the mountains coupled with an extreme increase in demand. The outfall: housing prices rose sharply and, in response, a dramatic increase in mortgage rates caused by this inflation. Towns all over the nation are experiencing a workforce housing crisis presently and are still dealing with the employment trends that have also been affected as an additional outcome of the pandemic. Workers quit their jobs in record numbers in 2021, and 2022 as ample job opportunities and higher pay lured them elsewhere. The good news is that the “quits rate” has steadily declined since peaking last year, and in April 2023, this rate fell to its pre-pandemic average in 20191. However, with housing scarce or extremely expensive to buy or rent currently- even with jobs available, positions remain difficult to fill without the ability to offer housing especially for those not making 100%+ AMI wages. Towns like Vail have various forms of accommodations available for workers. Unfortunately, Avon does not yet have as extensive a portfolio as Vail. Thinking ahead to diversifying housing projects is a step heading in the best direction. SECTION 2 : REVIEW CRITERIA:
The Town Council must consider a set of review criteria when reviewing rezonings. The review criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code;
Applicant Response: This rezoning is a small step to help increase Avon’s Community Housing efforts, and may be considered an essential piece in supporting the Town's economic sustainability and the health, safety, and general welfare of the Avon Community. This rezoning will require a site specific development review to be examined and processed as a next step and once designed, having a property with the appropriate zoning to site a Community Housing project, will improve the Town of Avon’s chances in receiving vital grant funding for this type of Community Housing project. Preparing to create new housing projects with having available land at the ready without finished concept plans is becoming as essential as having full design plans ready to go in this later portion of 2023.
As mentioned as a “next step”, the Town will engage in obtaining a consultant to create a design for this project. During this process, the Town will ensure that all underlying code requirements for the requested zone district will be met; however, Avon recognizes that flexiblity in in some of the development standards will be necessary to achieve the desired number of units for this project. For instance, departing from the required number of parking spaces as required by Code. As such, they will request flexibility through the Development Bonus process.
1 U.S. Bureau of Labor Statistics JOLTS report, May 2023
Slopeside/BMBC TY Rezoning Application October 3, 2023 Page 3 of 7
(2) Consistency with the Avon Comprehensive Plan;
Applicant Response: On the first page of the Avon Community Housing Plan it quotes the 2017 Avon Comprehensive Plan where, “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit, and recreate in the community.” It goes on to state, “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.”
Goal 1 of this same plan is to, “Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population.” This rezoning offers the Town a parcel of land that is set up and ready to invest in,
for projects like the one that would be an asset at this location. A project that fills in an income and lifestyle gap for a workforce needed to support the economics of our community, and by filling a need for businesses in having housing that could be
used for much-needed resort-oriented workers.
The Future Land Use Plan establishes preferred development patterns by designating land use categories for specific geographical locations. While land use designations depicted on the land use map do not supersede the Town’s zoning districts and regulations, they display general land use categories as a visual guide for the community based on the goals, objectives, and policies presented within this document. Currently, the Comprehensive Plan has this site designated as a Civic/Public use, which is the same designation as the Swift Gulch site that includes the use of
workforce housing.
Updating land use regulations with new development tools is also supported by the Avon Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the Avon land use regulations and District Master Plans for innovative design approaches and positive development outcomes. The Comprehensive Plan is approaching an update. Changing the zoning presently, will get captured when this update occurs in the near future.
As an additional task, Applicant will be examining the Avon Municipal Code to ensure this regulatory document is up to date concerning density maximums and parking alternatives as a definitive design “minimum”. Most likely, this will be infused in the Community Housing section of Title 7 as a design incentive. In the meantime, the Development Bonus process helps with this task on a case by case basis, but having Code reflect current design alternatives as a means to accomplish the creation of housing projects will be beneficial to both Avon and private developers moving forward. This course of action is supported by the Community Housing Plan, which encourages, "…incentives and regulations to create a policy environment that is favorable for local housing." Effectively, in offering potential Community Housing projects some design flexibility while maintaining the Development Code's underlying goals is an intention is supported by the Comprehensive Plan.
Slopeside/BMBC TY Rezoning Application October 3, 2023 Page 4 of 7
Ensuring that targeted areas for Community Housing are zoned in step with the housing goals of the Town, is the first step in the thinking ahead and properly planning housing policies and in obtaining funding.
In trying to encourage new development and redevelopment, Avon needs the appropriate tools to make projects the best for the community. In this case, preparing Town-owned lands to receive housing opportunities, as is supported by the Comprehensive and Avon Community Housing plans. Being open to expanding on what kinds of housing programs are needed is the first step as a response to the housing crisis.
(3) Physical suitability of the land for the proposed development or subdivision;
Applicant Response: Although this property has a significant grade change from Swift Gulch Road to the pedestrian path, the property is suitable for development as slopes do not exceed 40% (see image, next page. In calculating the slope it appears to be approximately 21% overall). Completely walkable currently, this site hosts the Nottingham Puder Ditch along the northern boundary, and the pedestrian trail at the tow of the slope. Due to the condition of the Ditich, several large cottonwood trees have been removed in the last year, and largely, the site is comprised of typcial, high-country /native grass cover and vegetation.
The Town realizes that the Ditch and pedestrian trail may have to be modified in order for the site to maximize its potential. Options identified at this point include modifiying the ditch from being open to being piped underground. As the ditch exits the Slopeside parcel, it currently goes underground at the western boundary, under the parking lot and beyond, and to extend this pipe would be resonable through this location as well. As far as the pedestrian path goes, the potential to move it closer/abutting or within the CDOT right-of-way adjacent to the southern property line of the site could be persued as well. In recognizing these limited constraints early in the design process, will be effective in designing the residential structure.
Water and sewer is accessible to this site, and Swift Gulch Road is wide and offers excellent site distance for wherever the access is determined to be located.
This site does not contain any significant wildlife habitat or wildlife migration corridors.
Image: 2023
Slopeside/BMBC TY Rezoning Application October 3, 2023 Page 5 of 7
Image showing Width and Elevation
(4) Compatibility with surrounding land uses;
Applicant Response: The rezoning of this property to Residential High Density is appropriate given that this property is within walking distance to commercial offerings like restaurants, healthcare, and other services within the Town Core.
Development on this site will not have an adverse effect- or any impact, to neighboring properties as there are
no adjacent developments to this location outside of the adjacent parking lot and commercial uses to the west. Development on this site will not impede views, nor detract from the viability of the surrounding land uses.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;
Applicant Response: This rezoning is being sought directly in response changed conditions or housing crisis Avon is experiencing and as mentioned earlier within this report. Namely, responding to the need to invest in a diverse number of housing projects needed to support Avon’s economy, and in offering options for Community Housing unlike any project within the Town of Avon.
(6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;
Applicant Response: This site is in excellent proximity to all necessary infrastructure without jeopardizing any existing development, including the availability of water and sewer. The Town will seek
these services from the Eagle River Water and Sanitation District as a next step.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
Applicant Response: The purpose of the Residential High Density (RH) zoning states: The RH district is intended to provide for high-density, multi-family residential uses including townhomes and multi-family
Slopeside/BMBC TY Rezoning Application October 3, 2023 Page 6 of 7
structures. This district should be in close proximity to the Town Center or an arterial road. This district implements the residential high density classification of the Avon Future Land Use Plan. It may also
be located in the mixed-use classification where surrounding properties will provide a complementary mix of uses.
This rezoning is reasonably necessary for a housing project as it is imperative to maximize density when designing a project for more affordable housing units, within walking distance of amenities, services, and transit.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated;
Applicant Response: The Town (so far and without a design), would like to possibly create a project with respect to the property’s slopes and drainage, by avoiding developing where the onsite ditch is located, etc. This will be accomplished by minimizing hardscapes and by not having an onsite parking lot and significant landscaping. As mentioned in the Finding for property suitability, there are no significant impacts anticipated to vegetation, wildlife, or to the natural environment. In regard to air quality, by having almost no parking and by the residents not being dependent upon individual/personal vehicles, there will be no impact on this particular element. Where noise is concerned, this area has existing vehicle noise due to I-70. Largely generated during working hours, situating a residential development on this site should not be an issue after typical working hours, as travel dissipates on I-70.
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract;
Applicant Response: Development of this site in the future will change the “feel” of the area in having a residential development on a parcel that has been largely vacant for decade; however, that argument could be made for any long-standing vacant parcel. In this case, it will not have any adverse impacts to the neighboring properties. The project is also anticipated to not accommodate vehicles and as such, will not add traffic to Avon’s road system. Public transit is already accommodated at this location, and this site is highly walkable to neighboring restaurants, parks, and other amenities.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and
Applicant Response: Not applicable.
(11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.
Applicant Response: The Town will thoughtfully and thoroughly design a project that is properly mitigated in changing its current use to residential. This will include any infrastructure modifications or expansions. As previously mentioned, having existing water and sewer and public transit immediate to this location will be a significant cost savings in servicing this development.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications:
Slopeside/BMBC TY Rezoning Application October 3, 2023 Page 7 of 7
(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.
Applicant Response: This rezoning application is complete. Applicant believes sufficient information exists to allow Council to review this application with the review criteria. Further, this code text amendment application complies with the Avon Comprehensive Plan. This rezoning application will not impact demands for public services or infrastructure because it is not a true development application; instead, it simply a rezoning for a Town-owned property slated for a future Community Housing project. CONCLUSION: If the Town is successful in achieving this rezoning, the following development “next steps” or actions will occur:
• Producing an RFP for design services;
• Pursuing development and housing grants for this project;
• Obtaining consultants to produce geotechnical reports;
• Pursuing potential community development partners;
• Creating a concept plan to be examined by the Planning and Zoning Commission and Town Council.
This rezoning is an excellent first step in setting up the Town to pursue funding and in implementing a 100%, deed restricted Community Housing project for Avon. Doing entitlement work in 2023 even before having any design plans, positions the Town to more effectively plan for growth and in looking at the economic viability moving forward. Importantly, in increasing our housing portfolio and in recognizing our essential workforce needs, Avon becomes an even greater community.
EXHIBIT A: Supporting Maps
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TOWN OF AVON BENCHMARK AT BC TRACT Y
PROPOSED REZONING
EXHIBIT A
EXISTING
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970-748-4023 jskinner@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Jena Skinner, AICP, Senior Planner RE: Work Session: East Avon Preserve Rezoning DATE: October 3, 2023
SUMMARY: This report reflects the Town of Avon’s (“Avon”) application to rezone an existing parcel of land owned by Avon from Public Facilities (“PF”) to Residential High Density (“RH”) to develop a Community Housing project. This project is temporarily titled “The East Avon Preserve”. As previously stated in the report for the Slopeside Community Housing Rezoning application, Avon Town Council has declared Community Housing as the number one priority for the Avon and had directed Staff to explore and pursue every possible opportunity for Community Housing projects.
This subject “Site” is limited to 6.5 acres of Community Housing development on a 37.4 acre parcel and located adjacent to the Village at Avon Tract J with I-70 to the south.
Location of Property: East Avon Preserve
BACKGROUND: The East Avon Preserve Parcel ("East Avon Preserve") in its entirety is 85.99 acres. The Town acquired the East Avon Preserve in 2013 from the United States government as part of the Multi-Party Land Exchange agreement involving several parcels and parties. The East Avon Preserve may contain an area up to 6.5 acres for what was known at the time as “affordable” housing with the balance of the East Avon Preserve, 79.49 acres, to be used for vehicular and trail access to reach private development to the east, as well as the development of public trails.
The Town of Avon and the County of Eagle entered into an Intergovernmental Agreement in 2013, (which referred to the East Avon Parcel as the "Village Parcel"), which states in part that after the boundaries of the reserved area for
Rezoning: EAP Work Session Oct. 3, 2023 Page 2 of 2
“affordable housing” and community facilities, and when the road and trails alignments are determined, the Town of Avon is committed to granting a conservation easement to a land trust mutually acceptable to the Town and Eagle County.
Not knowing what exactly would be built at this location, the zoning that was applied was Public Facilities (“PF”) for the potential developable area, and Park (“P”) for the remaining. Public facilities is what Swift Gulch was also zoned, as a means to reserve this area for Town purposes including government employee housing and other uses.
PROCESS: Rezonings can only be initiated by property owners and the Avon Town Council (“Council”). With direction to proceed with a rezoning application Staff will provide the necessary public notification before hearings with the PZC. PZC will then review the rezoning application and provide a recommendation to Council. Council then approves rezonings by adoption of an ordinance. DISCUSSION: The cost of workforce housing has escalated dramatically over the last three years and is regarded as a crisis across Colorado. Properties owned by Avon which are physically suitable for the development of Community Housing have the financial advantage that Avon does not have to include the cost of land into the overall cost of developing housing. As this site is not flat but topographically challenged, determination of what type of Community Housing will be applied or targeted for this location is currently undetermined at this time.
The Property is located adjacent to the east end of Wagon Wheel Trail Road cul-du-sac and is all sloped. Approximately 4 acres has been found suitable for construction on slopes of 0-30%. Staff have not had the opportunity to fully evaluate this site concerning wildlife, soil conditions, or other potential hazards, but have walked the site on several occasions.
Currently, there is not adequate water pressure to serve this Property due to its elevation above the Traer Creek water storage tank. Staff is coordinating planning with Traer Creek and the Upper Eagle River Water Authority to size a future water storage tank higher in elevation in the Village (at Avon) to serve this Property as well as additional development in the Village (at Avon).
Please note that when zoning was applied in 2017, the area was generalized as far as what area would be reserved for development. The shape of the revised zoning will most likely be modified to reflect the most suitable area for the East Avon Community Housing Project. RECOMMENDED MOTION: “I move to direct Staff to prepare and submit a rezoning for the East Avon Preserve to
change the zoning of the developable portion from Public Facilities to Residential High density.” Thank you, Jena
ATTACHMENT A: Maps
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION TBD
TOWN COUNCIL ORDINANCE & PUBLIC HEARING TBD
TOWN COUNCIL INITIATION TBD
EAST AVON PRESERVE ATTACHMENT A
EAST AVON PRESERVE
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CHOICE:
POTENTIAL
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HOUSING
SITE
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2nd CHOICE:
POTENTIAL
COMMUNITY
HOUSING
SITE
EAST AVON PRESERVE
PROPOSED REZONING
EXISTING
PROPOSED
EAST AVON PRESERVE
970.748.4413 matt@avon.org
TO: Honorable Mayor Amy Phillips and Avon Town Council FROM: Matt Pielsticker, AICP, Planning Director RE: Avondale Apartments Design Direction DATE: October 5, 2023
INTRODUCTION: Council provided guidance this spring to proceed with due diligence and construction documentation for a Community Housing project on Lot 5, Village (at Avon) – located at 375 Yoder Avenue. Earlier this summer Council confirmed the overall programming, which includes up to 56 units in three buildings. The buildings would be four stories tall and connected by 2 elevators. A mix of one- and two-bedroom units are included. Council agreed to further study modular construction versus panelized site-built methods for delivering the project. I am now seeking direction on the preferred construction method so that design documentation can continue (with either modular construction or penalized/site built) in 2024. Details on schedule, cost impacts, and other considerations are included in this report. Other progress updates are included in this report. CONCEPTUAL PLANS: The project architects, 2757 Design Co., finalized conceptual level design plans in September. The unit layouts were refined so that the plans could be adapted to either a modular or site/panelized project. One-bedroom units measure approximately 875 square feet, and two-bedroom units measure approximately 1,330 square feet. Balconies are included for all units. The overall site design is similar to what Council reviewed previously.
Conceptual Design Plan Used for Pricing
Page 2 of 4
Massing Study based upon Conceptual Design MODULAR AND PANELIZED: Modular prefabricated construction involves building individual units in a factory, and then delivering and setting the units on a foundation. This method includes strict design criteria that must be followed. For example, windows/door design may be limited to repetitive design patterns. The module size is defined per transportation requirements. Schedule savings and potential cost savings are clear benefits, in addition to a reduction in general site conditions from a tightened schedule.
These construction methods expedite the framing and ‘dry-in’ phase of construction.
Fading West Modular Factory Tour – August 2023
Page 3 of 4
Panelized construction describes a method where the project is built on-site, except for framed walls and other components. Wall panels and other elements (e.g. roof elements, balconies) could be constructed off-site and delivered to the project at strategic timeframes to expedite the framing phase of construction. Time savings over traditional on-site framing techniques are realized.
Colorado Mountain College – Panelized Construction Tour – August 2023
PRICE COMPARISON: Following a competitive RFP process to solicit preconstruction and construction services, FCI Constructors, Inc. were chosen by the selection committee. FCI brings the team abundant experience with constructing multi-family housing projects, including modular, on the western slope. The analysis by FCI resulted (“Attachment A”) revealed a 3-month construction schedule savings and estimated $2,800,000 (hard) cost savings if modular is pursued.
PRO/CON: There are several variables for Council to consider when selecting a construction method. This list of pro/cons is offered for consideration:
ALL ELECTRIC: The design team is taking advantage of solar orientation and is designing the project with all electric heating and cooling systems. This adheres to the stated commitment in Town Council Resolution 23-18, which adopts all-electric, net zero energy use for all Community Housing projects in Avon. PROCESS: The following project task updates on are provided to Council:
• Site Survey [COMPLETE]
• Soil Investigation [AWAITING FINAL REPORT]
• Design Team Procurement [COMPLETE – CONTRACT(S) PENDING DESIGN DIRECTION]
• Owners Representative Procurement [COMPLETE]
• Construction Manager/General Contractor Procurement [COMPLETE]
Pro Con Pro Con
Additional design flexibility Longer Construction Duration Cost savings per square foot Design Constraints
Traditional money flow Higher cost per square foot Shorter Construcition Duration Up front cash requirements
Time savings over framing on site Limited Sub-Contractor Exposure
"Tighter" construction in factory
Reduced sound transmission
Panelized/Site Modular
Page 4 of 4
• Finalize Design/Construction Documentation [IN PROCESS – ESTIMATED SPRING 2024 COMPLETION]
• PUD Amendment Process [IN DRAFT – FALL 2023 COMPLETION]
• Financing/Partnerships [IN PROCESS] BUDGET: The approved Community Housing Fund project budget (Years 2022 and 2023 combined) for project design services is $716,972. Soft costs to date are at approximately $400,000, and the complete project budget continues to be refined based upon construction methods and finalization of design contracts.
SCHEDULE: Council’s direction on construction technique is imperative in keeping with the current project schedule. If there is delay in Council action, or a desire for an in-depth involvement with the Design Development (DD) phase of design, the project schedule will need to be pushed back accordingly.
The current design schedule indicates completion of construction documents Spring 2024, site mobilization in May 2024, with occupancy in late summer 2025. The current schedule is aggressive and does not include additional time that could arise to secure partnerships and financing, Village (at Avon) Design Review Board process, or other unforeseen delays.
FINANCING: The Town Manager is working with Finance Director Paul Redmond to analyze municipal bond financing and develop a financial model that seeks to establish a rental project whereby the rental income can cover the debt service, property management and utility expenses. At this point it is anticipated that the Town of Avon can afford to finance ½ of the project, or 28 of the 56 apartments, and will seek to partner with other local governments to invest in the remaining units either by a long-term lease or by a multi-year master lease.
NEXT STEPS: Finalization of a design contract will need to come before Council for approval as soon as possible. The design team is assembled and awaiting direction on the preferred construction method. The PUD Amendment will be brought before the Planning and Zoning Commission (PZC) and Town Council for action this fall. Additionally, design of the project requires referral to PZC and final action by the Village (at Avon) Design Review Board. A refined project budget, including operating costs, will be brought back to Council for review of funding options in the fourth quarter.
TOWN MANAGER COMMENTS: I recommend proceeding with modular construction. The project has prioritized a livable and attractive unit size (i.e. one bedrooms rather than studios). My discussions with other public and private housing entities that manage rental properties have recognized the tenant relations and livability benefit of superior sound separate between units. The high priority goals were to provide a livable and attractive square footage, achieve a high level of energy efficiency (which will require some upgrades to windows and exterior insulation), include in-unit washers and dryers, include storage for outdoor gear and include elevators. The savings with modular construction method will help off-set the additional costs of these priority goals.
Thank you, Matt
ATTACHMENT A: FCI Constructors, Inc. Pricing
ATTACHMENT B: Schedule
PO Box 1767, Grand Junction, CO 81502 (970) 434-9093 (970) 434-7583 Fax
9/29/2023
Matt Pielsticker, Planning Director
100 Mikaela Way
Avon, CO 81620
RE: Avondale Panelized Vs. Modular Cost Data
Mr. Pielsticker,
At the request of the Avondale Project Team FCI has prepared a cost comparison of two construction
methods for the Avondale Apartments. The methods consist of a panelized system that utilizes wood
wall panels that are manufactured off site and then shipped and assembled on site compared to a
modular system where the majority of the building is manufactured off site in a controlled factory
environment and shipped to the project site.
The FCI Team utilized concept documents provided by 2757 Design dated 9/15/2023. Cost data for the
panelized system was developed utilizing a historical data base of similar projects located in Western
Colorado. Modular costs were obtained by requesting letters of interest and rough order magnitude
pricing from qualified manufacturers. In total, FCI received five letters of interest from qualified
modular manufacturers. Cost information provided was then analyzed and incorporated into this
comparison.
The following construction costs are representative of a conceptual design and are presented for
comparison of the proposed systems.
Panelized - $30,400,000 - 16 months construction duration
Modular - $27,600,000 - 13 months of construction duration
Utilizing a modular construction method presents a potential savings of $2,800,000 and 3 months
schedule savings. An advantage of utilizing a modular approach includes minimizing the amount and
duration of onsite subcontractors thus reducing risk with the potential of improving quality. However,
project cash flow is substantially different when utilizing a modular approach and expenditure is
required much earlier in the project.
Thank you for the opportunity to provide this analysis and please let us know if you require any
additional information.
Sincerely,
Evan Walton
Vice President Preconstruction
FCI Constructors, Inc.
(970) 985-0741
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Phillips and Avon Town Council Members FROM: Chief Greg Daly RE: Second reading of Ordinance 23-05 Amending Title 10 Of the Avon Municipal Code to Adopt Paid Parking Regulations DATE: October 10, 2023
SUMMARY: This report presents a second reading of Ordinance 23-05 to the Avon Town Council
(“Council”). During the first reading of Ordinance 23-05 on September 21, the Council made some edits to the ordinance. Those edits have been incorporated into the second reading. The second reading would adopt Paid Parking Regulations as a component of implementing parking management in Avon as directed by the Council. The Avon Police Department hired two code enforcement officers, proposes the purchase of a hybrid vehicle in the 2024 budget, has ordered a license plate reader (LPR), and engaged with T2 Systems to provide paid parking technology, including text or quick response (QR) scan code “pay to park” services and payment options. T2 Systems will provide a short presentation on their parking management system tonight. If second reading of Ordinance 23-05 is adopted, the effective date of this new ordinance will be November 9th BACKGROUND: Council has pondered and debated the parking issues in the Avon Commercial Core over many years. There is a consensus that we must find a balance between accommodating Avon residents, Avon businesses, Eagle County residents, and our guests, with a balanced approach for free parking for our local employees. It is a fine balance, but the current parking management plan is a compromise, and we can evaluate and change if needed after this coming winter season. The proposal as discussed is to provide free three-hour parking in on-street Town owned parking bays on East Benchmark, West Benchmark, Plaza Way, Riverfront Lane, Lake Street, West Beaver Creek Boulevard and Mikaela Way. Residents and guests will be provided with free parking for the first three hours and will then be required to pay a per hour rate of $1 per hour. The parking will be regulated between 8am and 5pm seven days a week, 365 days a year. There will be no overnight parking unless it has been approved by the Avon Police Department. There are five parking lot areas that are impacted, which are described as follows:
➢ Old Town Hall Municipal lot: This lot will remain free parking all day (aimed at local employees and Harry A. Nottingham Park guests)
➢ Avon Recreation Center parking lots: Three-hour free parking for patrons only. If the vehicle has not been validated or exceeds three hours, it will be subject to a parking ticket. Exceptions will be recreation center staff and library staff.
➢ North Parking Lot (Lot 16): 10 minute drop off and three-hour parking. No paid parking beyond these limits.
➢ Avon Elementary School: School staff, parents, and school business parking while school is in session. Summer parking will be free all-day parking.
➢ Town Hall Parking lot: Authorized parking will include Town Council Members, Town Employees or people conducting town business in Town hall. Electric vehicles charging within the charging
Page 2 of 2
limits. Those people conducting business will be provided with validation. Council Members and
employee’s vehicle license plates will be input into the parking management system. Pick up and drop off for the kindergarten allowed. Any other parking will be subject to violation. Town residents will be provided with the option of buying weekend passes to park at Town Hall as they have in the past.
The Avon Police Department evaluated three reputable parking management companies and chose T2 Systems. T2 Systems provide parking management solutions to the City of Aspen and Telluride. We will mount a license plate reader system on a retired police vehicle (while we await the arrival of a Hybrid truck which will be ordered for 2024). Our two code enforcement officers will enforce the parking management plan between 0800 and 1700, seven days a week (except for vacation, training, or sick days). The proposed amendments to our current parking regulations:
➢ Allow code enforcement officers to issue parking tickets
➢ Allow Town of Avon to establish paid parking and enforcement in designated areas
ORDINANCE 23-05: Ord. 23-05 deletes references to the “town core” and adopts a new section 10.10.050
that would expressly establish “Paid Parking Regulations”. The proposed fine would remain the same amount of $35. The reduced parking fine of $15 for parking violations outside the “town core” are
eliminated, the reference to “town core” in the parking regulations is deleted, and the universal parking fine amount throughout Town, including on private property if Avon is asked to enforce, is $35.
The term “town core” is used in the Avon development code for design review and short-term rental regulation purposes and is not applicable to parking fines so this reference creates confusion. Parking fines which are not paid within 45 days increase by $50 from $35 to $85. Avon may refer the unpaid parking ticket to a collection agency and if collection is unsuccessful a default judgement maybe entered.
The Ordinance allows for the Town Manager to administratively set parking hours and parking fee amounts. The intent is that proposed hours and fees would be presented to Council for approval and direction but that the adoption of an ordinance or resolution is not required.
FINANCIAL CONSIDERATIONS: Council approved the hiring of two code enforcement officers, purchase of the License plate reader technology and the software in the recent budget supplement. The 2024 Avon Police Department proposed budget includes the purchase of a Code Enforcement Hybrid F-150 truck for code enforcement operations. We will use a retired Patrol vehicle in the interim.
RECOMMENDATION: I recommend approval of Ordinance 23-05 adopting paid parking regulations.
MANAGER’S COMMENTS: I recommend that the initial implementation of the paid parking program include a modest hourly payment of $1 per hour after the first three (free) hours and that parking is free after 5pm. The initial implementation of parking management is the most complicated and most disruptive for communities that have enjoyed free parking. Once the program is in place and we can evaluate parking habits, then it is very easy to change the hourly parking fee.
PROPOSED MOTION: “I move to approve the second reading of Ordinance 23-05 Amending Title 10 of
the Avon Municipal Code to Adopt Paid Parking Regulations.”
Thank you, Chief Greg Daly ATTACHMENT A: Ordinance 23-05 Amending Title 10 of the Avon Municipal Code to Adopt Paid Parking Regulations.
Ord 23-05 Amending Vehicles and Traffic Page 1 of 4
ORDINANCE NO. 23-05
AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE TO ESTABLISH PARKING FEE REGULATIONS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Avon”), the Avon Town Council (“Council”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §43-2-135 and the Avon’s home rule authority, Avon is
authorized to regulate the use of streets; and
WHEREAS, Council finds and determines it is in the best interest of the Avon to adopt this Ordinance amending Title 10 of the Municipal Code of the Town to promote the public health, safety, prosperity, security, and general welfare of the Town’s inhabitants; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that
Council desires to comply with the requirement of Section 6.5(d) of the Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that Council, or any member of the Council, has determined to take final action on this Ordinance
prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THE FOLLOWING:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Council.
Section 2. Amendment to Chapter 10.10. Chapter 10.10 is hereby amended as set forth on Exhibit A: AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE, and attached hereto, with strike-out indicating language to be deleted and underline indicating language to be adopted:
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
Ord 23-05 Amending Vehicles and Traffic Page 2 of 4
includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of Avon.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation
of health and safety and for the protection of public convenience and welfare. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Avon’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 23-05 Amending Vehicles and Traffic Page 3 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on September 26, 2023, and setting such public hearing
for October 10, 2023, at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST: ____________________________ ____________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on October 10, 2023.
BY: ATTEST: ____________________________ ____________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney
Exhibit A: Amending Title 10 of the Avon Municipal Code Page 1 of 3
EXHIBIT A: AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE
Redline – Strike-out Indicates language that is deleted, Underline indicates language that is added and enacted.
CHAPTER 10.06 Fines for Violations
CHAPTER 10.10 General Parking Regulations CHAPTER 10.06 - Fines for Violations
10.06.010 - Schedule of fines.
(a) The fines listed in the following schedule are the minimum fines that may be imposed for violations
of the Sections of this Code or the adopted Model Traffic Code for Colorado Municipalities listed
therein. Any vehicle parked in violation of a Town ordinance or other provision of this Code other
than those in the following schedule shall cause the person or persons liable for the violation to be
assessed a minimum fine of fifteen dollars ($15.00)thirty-five ($35.00).
(b) (b)Schedule of fines if paid by twenty (20) on or before forty-five (45) days after the date of issuance of the citation:
Code Description Sanction
10.04.090 Unlawful parking on private parking lots; violation of posted signs
(anywhere in Town)
$ 35.00
10.08.020 Unlawful parking in restricted-use area
(anywhere in Town)
$ 35.00
10.10.050 Parking without Paying Parking Fee $35.00
10.10.060 Double parking $ 35.00
10.12.060 Emergency lane parking
(anywhere in Town)
$ 35.00
MTC 1202
or
10.14.010
Parking on the main-traveled portion of the roadway $35.00
(non-Commercial Core area) $ 15.00
(Commercial Core) $ 35.00
MTC 1204 Stopping, standing or parking prohibited in specified places $35.00
(non-Commercial Core area) $ 15.00
(Commercial Core) $ 35.00
MTC 1205 Where permitted, parking with right-hand wheels in excess of 12 inches
from curb
$35.00
(non-Commercial Core area) $ 15.00
(Commercial Core) $ 35.00
MTC 1208
or
10.16.010
Disabled parking
(anywhere in Town)
$100.00
10.06.020 - Automatic fine increase.
The amount of a fine set forth in Subsection 10.06.10(b) above shall automatically increase by thirty-five dollars ($35.00) fifty ($50.00) if not paid by twenty (20)forty-five (45) days after the date of the issuance of
the citation. The date of payment for this Section shall be the date the payment is delivered to the Municipal
Court or, if mailed, the date the payment is postmarked if properly addressed to the Municipal Court.
10.06.030 - Default judgment; fee.
If the fine has not been paid by sixty (60) forty-five (45) days after the date of the issuance of the citation and the defendant has not requested a court hearing on the citation, a default judgment shall be automatically entered, and a fee of fifty dollars ($50.00) shall be added to the fine amount. The date of payment for this Section shall be the date that payment is actually received by the Municipal Court. The default judgment amount includes the thirty-five dollar ($35.00) parking fine plus the fifty dollar ($50.00) increased fine amount. Avon may sendcollect this amount plus costs of collection and an administrative fee tothrough a collection agency.
CHAPTER 10.10 - General Parking Regulations
10.10.010 - Parking violation notice; issuance.
(a) A copy of the citation for unlawful parking need not be personally served upon the owner or
operator of the vehicle but may be served by attaching a copy of such notice or citation to the
vehicle. Citations may be issued by police officers, police code enforcement officers, a municipally
hired police parking monitor or authorized private contractor approved by the Chief of Police.
(b)The citation shall include: (1) The date, time and location of the violation;(2) The state license number of the vehicle unlawfully parked; (3) Reference to the Town ordinance or Code provision
violated; and (4)A notice that: a. Within twenty (20) calendar days after the date that the citation is
issued, the stated fine for the violation must be paid and received by the Town; b. The fine amount
shall automatically increase in accordance with Section 10.06.020 after twenty (20) calendar days;
and c. A request made for a hearing to contest the alleged violation must be made and received by
the Town by thirty (30) days after the date of the citation.(c)The citation, or copy thereof, shall
constitute prima facie evidence of the parking infraction.(d)The Town may contract with a private
person or entity for the collection of civil judgments in parking cases.
10.10.050 - Commercial Core.
The Commercial Core of the Town shall include the streets, rights-of-way and areas of the Town as
approved by the Municipal Court by published order and prominently posted in a place where fines are to
be paid. The Commercial Core area may be amended from time to time by the Municipal Court.
10.10.050 - Paid Parking Regulations
(a) The Town Manager has administrative authority to establish paid parking regulations on any Town
property and Town rights-of-way, including the authority to set hours for complimentary, free
parking; set the parking fee rate per hour and by fixed rate; and establish times when parking is
prohibited.
(b) Notice of parking fee rates and payment instructions shall be provided by a visible sign within 75 feet of the parking stall.
(c) The provisions of this section shall not relieve any person from the duty to observe other and more
restrictive provisions of this Code or official signs or parking legends prohibiting or limiting the
stopping, standing, or parking of vehicles in specified places at specified times or in a specified
manner.
(d) The Avon Police Department has authority to monitor, administer and enforce these paid parking regulations, including the authority to appoint an independent contractor to serve as a parking
enforcement officer for the Town pursuant to a written contract, which contract shall set forth the
general duties, responsibilities, and requirements of the parking enforcement officer. Members of
an independent contractor shall not be considered employees of the Town. The parking
enforcement officer shall have the authority to enforce the provisions of this Section, to issue
penalty assessment notices, and to collect fines in accordance with generally accepted lawful
collection procedures. Such penalty assessment notices may be appealed to the Avon Municipal Court in accordance with that certain edition of the Model Traffic Code for Colorado as is currently
adopted and enforced by the Town.
(e) The following methods of service shall be deemed to provide a defendant with full and adequate
notice of the contents of a penalty assessment for a violation of this Section, including, but not
limited to, the date by which the defendant must pay the penalty stated in the assessment or
appear in Municipal Court:
(1) Any method of service permitted under that certain edition of the Model Traffic Code for
Colorado as is currently adopted by and enforced within the Town; or
(2) Placement or affixing of the penalty assessment on the vehicle alleged to be in violation of
this Section.
(f) Failure to pay for parking in accordance with established and posted paid parking regulations
excess is subject to a parking fine as stated in 10.06.010. An Avon Police Officer or Code
Enforcement oOfficer or Parking Enforcement Officer will place the violation citation on the vehicle.
The citation will include instructions regarding the method and manner of paying the citation.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 26, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually using
Zoom.us. Mayor Pro Tem Tamra Underwood called the September 26, 2023, Council regular
meeting to order at 5:00 p.m. A roll call was taken, and present were Councilors Chico Thuon,
Rich Carroll, Lindsay Hardy, Ruth Stanley, and Mayor Pro Tem Tamra Underwood. Mayor Amy
Phillips was absent at roll call and joined the meeting in person at approximately 5:22 p.m.
Councilor RJ Andrade was absent from the meeting. Also present were Town Manager Eric Heil,
Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government
Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly,
Community Development Director Matt Pielsticker, Public Works Director Eva Wilson, Avon Rec
Director Michael Labagh, and Mobility Manager Jim Shoun.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:53
Mayor Pro Tem Underwood initiated the meeting with the Agenda approval process. There
were no requested changes to the Agenda. Without further discussion, Councilor Carroll made
a motion to approve the Agenda. Councilor Hardy seconded the motion. It was approved with
a 5-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:25
Mayor Pro Tem Underwood asked if there were any conflicts of interest related to the Agenda,
and none were disclosed. At the direction of Mayor Pro Tem Underwood, Town Attorney Karl
Hanlon explained how Conflicts of Interest are interpreted, dispelling a concern for a potential
conflict from Councilor Carroll.
4. PUBLIC COMMENT
Video Start Time: 00:02:25
Mayor Pro Tem Underwood explained that public comment can be made by participating in the
meeting in person, via zoom’s video/audio, via telephone, or via email. She then clarified that
the public comment section is intended for items not listed in the Agenda, and participation by
members of the public is limited to 3 minutes. She asked if there was any public comment from
those present in the room or on Zoom, and no public comment was made in person nor on
Zoom.
5. BUSINESS ITEMS
5.1. Presentation: Eagle Valley Community Foundation Update (Jen Beckley, Office Manager Eagle
Valley Community Foundation)
Video Start Time: 00:03:36
Melina Valsecia, Executive Director of the Eagle Valley Community Foundation delivered the
presentation prepared by Jen Beckley related to the Eagle Valley Community Foundation’s
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update of operations and programs for the community. She noted an increase in demand of
services offered and received many thanks from Council for what they do. She was joined by
Luz Rios, a resident of Avon who now collaborates with the EVCF and spoke of the impact the
programs from EVCF had in her life, particularly during the pandemic. No public comment was
made in person nor on Zoom.
5.2. Presentation: Eagle Valley Transportation Authority Update (EVTA Director Tanya Allen)
Video Start Time: 00:35:22
Tanya Allen, Director of the Eagle Valley Transportation Authority delivered her presentation
related to an Eagle Valley Transportation Authority update. Council thanked Ms. Allen for all
her work on the EVTA, noting how much effort has been put in place to move it forward. Ms.
Allen also indicated that the EVTA is hiring administrative and driver positions and directed
listeners to visit www.eaglevalleyrta.org/job-postings for more information. No public
comment was made in person nor on Zoom.
5.3. Vail Valley Art Guild Rent Support Agreement (Town Manager Eric Heil)
Video Start Time: 00:51:58
Town Manager Eric Heil presented an update to Council related to the Vail Valley Art Guild Rent
Support Agreement. Vail Valley Art Guild Board Members were present to answer questions.
Councilor Hardy expressed support for this initiative, deliberated on historical rent relief
support in Avon, and reflected on the impact of this support on future Councils. Town Manager
Heil reminded Council of CASE support for this strategic agreement. Melissa Nelson, president
of the Board of the VVAG took the podium to indicate she is excited for the support and spoke
of upcoming programs at the VVAG to those present. No public comment was made in person
nor on Zoom. Councilor Thuon made a motion to approve the Support Agreement. Councilor
Stanley seconded the motion. It was approved with a 6-0 vote of those present.
5.4. Downtown Development Authority Candidate Interviews and Appointments to the DDA Board
(Town Manager Eric Heil and Town Clerk Miguel Jauregui Casanueva)
Video Start Time: 01:01:55
Town Manager Eric Heil and Town Clerk Miguel Jauregui Casanueva introduced the topic of the
formation of the Downtown Development Authority (DDA). Mayor Pro Tem Underwood
presented the proposed process for interviewing the 12 candidates aspiring to fill 10 Avon DDA
Board of Directors vacant seats. Before the interview process began, Mayor Pro Tem
Underwood asked if there was any public comment from those in the room or virtually, and
there was none. Council conducted interviews in the alphabetical order presented in the
packet.
After the 12-candidate interview process, Council cast the following votes:
• Councilor Thuon voted yes/no as follows: Daniel Altman (No); Gregg Cooper (Yes); Tony
Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (No); Wayne Hanson (Yes); Doug
AVON REGULAR MEETING MINUTES
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Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes);
Scott Tarbet (Yes); and, Rob Tartre (Yes).
• Councilor Carroll voted yes/no as follows: Daniel Altman (No); Gregg Cooper (Yes); Tony
Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson (Yes); Doug
Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (No);
Scott Tarbet (Yes); and, Rob Tartre (Yes).
• Councilor Hardy voted yes/no as follows: Daniel Altman (No); Gregg Cooper (Yes); Tony
Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson (Yes); Doug
Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes);
Scott Tarbet (No); and, Rob Tartre (Yes).
• Councilor Stanley voted yes/no as follows: Daniel Altman (Yes); Gregg Cooper (No);
Tony Emrick (Yes); Matthew Fitzgerald (No); Bill Glaner (Yes); Wayne Hanson (Yes);
Doug Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger
(Yes); Scott Tarbet (Yes); and, Rob Tartre (Yes).
• Mayor Pro Tem Underwood voted yes/no as follows: Daniel Altman (No); Gregg Cooper
(Yes); Tony Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson
(No); Doug Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris
Neuswanger (Yes); Scott Tarbet (Yes); and, Rob Tartre (Yes).
• Mayor Phillips voted yes/no as follows: Daniel Altman (No); Gregg Cooper (No); Tony
Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson (Yes); Doug
Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes);
Scott Tarbet (Yes); and, Rob Tartre (Yes).
While Deputy Town Manager Patty McKenny and Town Clerk Miguel Jauregui Casanueva tallied
the results of the votes taken by Council to appoint 10 Board Members to the Avon DDA Board
of Directors, Council continued with the process of nominating themselves and each other to
fill the primary and alternate seats to the Board of Directors of the Avon DDA, and Councilors
Thuon and Carroll self-nominated. After their vote, at approximately 6:50 p.m., Council
declared a 5-minute recess for General Government Manager Ineke de Jong to tally those votes
as well. This recess concluded at approximately 6:55 p.m.
Once Council reconvened, the tally by Ms. De Jong noted that Councilor Carroll’s nomination
received 4 votes in support from Councilors Carroll, Hardy, Stanley, and Mayor Phillips, and
Councilor Thuon’s nomination received 2 votes in support from Councilor Thuon and Mayor
Pro Tem Underwood.
Once the Primary and Alternate Council seats were appointed through the tally of votes above,
the Deputy Town Manager and Town Clerk brought in the tally of votes from Council to fill the
10 board seats as follows: Daniel Altman received 1 vote, Gregg Cooper received 4 votes, Tony
Emrick received 6 votes, Matthew Fitzgerald received 5 votes, Bill Glaner received 5 votes,
AVON REGULAR MEETING MINUTES
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Wayne Hanson received 5 votes, Doug Jimenez received 6 votes, Marcus Lindholm received 6
votes, Brandt Marott received 6 votes, Chris Neuswanger received 5 votes, Scott Tarbet
received 5 votes, and Rob Tartre received 6 votes, which totaled the 60 total votes cast by 6
Councilors present for 10 vacant seats.
The names of Messrs. Tony Emrick, Matthew Fitzgerald, Bill Glaner, Wayne Hanson, Doug
Jimenez , Marcus Lindholm, Brandt Marott, Chris Neuswanger, Scott Tarbet, and Rob Tartre
were added to a hat for the drawing to appoint terms to these 10 candidates. Mayor Pro Tem
Underwood indicated that the first 4 names drawn received a 4-year appointment, the
following 2 names drawn received a 3-year appointment, the following 2 names drawn received
a 2-year appointment, and the last 2 names drawn received a 1-year appointment.
Mayor Phillips carried out the hat-drawing and at the conclusion, the following composition
resulted from the process of appointing Board Members to the Avon DDA Board of Directors:
COUNCIL TERM TROUGH JANUARY 2025
Councilor Carroll, Primary.
Councilor Thuon, Alternate.
TWO (2) TERMS THROUGH JUNE 30, 2024 – ONE (1) year:
Name Profession DDA Terms/Notes
Marcus Lindholm Finance/Real-estate Landowner First Term, 1-year
Rob Tartre Sales/Supply Chain Landowner First Term, 1-year
TWO (2) TERMS THROUGH JUNE 30, 2025 – TWO (2) years:
Name Profession DDA Terms/Notes
Doug Jimenez Finance/Real-estate Landowner First Term, 2-year
Tony Emrick Sales/Technology Landowner First Term, 2-year
TWO (2) TERMS THROUGH JUNE 30, 2026 – THREE (3) years:
Name Profession DDA Terms/Notes
Bill Glaner Landscape Architect Landowner First Term, 3-year
Scott Tarbet Finance/Real-estate Landowner First Term, 3-year
FOUR (4) TERMS THROUGH JUNE 30, 2027 – FOUR (4) years:
Name Profession DDA Terms/Notes
Wayne Hanson Data Architect Landowner First Term, 4-year
Matthew Fitzgerald Real-estate Lessee First Term, 4-year
Chris Neuswanger Finance/Lending Landowner First Term, 4-year
Brandt Marott Hospitality Lessee First Term, 4-year
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 26, 2023
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Mayor Phillips made a motion to appoint to the Avon DDA Board of Directors Messrs. Lindholm
and Tartre for a period to end on June 30, 2024, Jimenez and Emrick for a period to end on June
30, 2025, Glaner and Tarbet for a period to end on June 30, 2026, and Hanson, Fitzgerald,
Neuswanger, and Marott for a period to end on June 30, 2027, and Councilor Carroll as primary
Director and Councilor Thuon as alternate Director of the Avon DDA Board for a period to end
in January, 2025. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of
those present.
At the direction of Mayor Pro Tem Underwood, Town Clerk Miguel Jauregui Casanueva swore-
in the new members of the Board of Directors of the Avon DDA who recited and signed their
Oath of Office. It was noted Mr. Tarbet was no longer participating on Zoom and will be sworn
in later. Town Clerk Jauregui advised Mayor Pro Tem Underwood he will send the Oath by email
to Messrs. Lindholm and Tarbet to formalize the process of their swearing-in.
5.5. Work Session: Harry A. Nottingham Park Improvements Follow Up (Recreation Director
Michael Labagh)
Video Start Time: 01:58:15
Recreation Director Michael Labagh delivered a presentation related to Harry A. Nottingham
Park Improvements. Mayor Phillips asked Mr. Labagh to remind the public where to take the
survey related to the plan to transform the Eaglebend Pocket Park which can be found at
www.avon.org/eaglebendpark. Councilors had ample discussion on e-bike use at the park,
including seasonal signage and education. Mayor Pro Tem Underwood asked for Mr. Labagh’s
insights on e-bikes and to remind the public that Class I and II e-bikes are permitted in
Nottingham Park and Class III are not permitted. Council direction to Mr. Labagh was to explore
maintaining existing dismount zones at the park and adding dismount proposals for Council’s
review. Councilor Thuon asked Mr. Labagh to explore what policies could be put in place to
impose a speed limit in the bike paths at the park, which received support from Mayor Phillips
and Mayor Pro Tem Underwood.
Councilor Thuon asked Avon Police Chief Greg Daly to educate the public on rules of the road
for cyclists and noted he would be willing to spearhead an education project such as this. During
public comment, Wayne Hanson, resident of Avon took the podium and asked if e-bikes have
speedometers and was advised they do. He added when he was growing up, Police
Departments gave out classes on rules of the road for cyclists that came with a certificate. No
other public comment was made in person nor on Zoom.
Additional discussion was had around lake aeration and whether it is routine maintenance or
an expense of CIP, which consensus was it is routine maintenance to maintain the lives of fish
in the lake. Councilor Hardy closed remarks with a request for more seating and benches at the
park which would be useful during for Sunset Live along with manicuring some bushes next to
the boat-ramp that appear neglected.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 26, 2023
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5.6. Work Session: EV Charging Update (Mobility Manager Jim Shoun)
Video Start Time: 02:28:16
Mobility Manager Jim Shoun delivered a presentation related to EV Charging at the Town of
Avon. Mayor Pro Tem Underwood asked if end-users would pay same price per kilowatt,
regardless of speed of charging and was advised that this is staff recommendation. Councilor
Carroll asked about downtime EV Chargers experienced and Mr. Shoun noted that Lake Street
chargers experienced downtime due to an electrical issue in the street. Councilor Carroll asked
additional questions on data that can be produced by using EV Charging stations. Town
Manager Heil indicated rationale behind the pricing strategy, including charging incentives. No
public comment was made in person nor on Zoom. Council deliberated on the pros and cons of
options A, B and C. Councilor Carroll proposed a new option D, free charging all day and paid
during peak times once these come into effect by Holy Cross Energy. Councilors Hardy, Thuon,
Mayor Pro Tem Underwood and Mayor Phillips spoke in support of Option A. Councilor Stanley
did not favor any option.
Mayor Pro Tem Underwood made a motion to adopt staff recommendation under Option A,
starting November 1, 2023, which refers to raising the fee to $0.17/kWh off-peak and
$0.35/kWh peak. Councilor Hardy seconded the motion. It was approved with a 5-1 vote of
those present with Councilor Carroll voting nay.
5.7. First Reading of Ordinance 23-05: Amending the Avon Municipal Code to Adopt Parking
Regulations (Chief of Police Greg Daly)
Video Start Time: 02:52:22
Chief Greg Daly delivered a presentation related to the First Reading of Ordinance 23-05,
seeking to amend the Avon Municipal Code to adopt parking regulations. Council inquired on
issues of free parking, 3-hour time limited free parking at certain locations, future parking
enforcement, and the communication strategy for the public to get educated by these changes.
Mayor Pro Tem Underwood asked the Town Attorney to amend the ordinance to include the
cost of collections on unpaid fines. She noted in the last paragraph of the ordinance, the word
‘excess’ should be deleted. Councilor Carroll encouraged Police Chief Daly to issue warnings
first before tickets. Town Manager Heil indicated the intention is to commence enforcement
when the ski season starts.
Public comment included that of Mr. Wayne Hanson, Avon Resident, who asked if locals could
get warnings and non-locals could get ticketed. Town Manager Heil noted this violates the
equal protection clause of the Constitution and was not possible. No other public comment was
made in person nor on Zoom.
Mayor Pro Tem indicated she will send her written corrections to the first reading of the
Ordinance to the Town Attorney Karl Hanlon and Police Chief Greg Daly so that they get
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 26, 2023
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included in the second reading. These included extending a certain period to 45 days, adding
recovery of cost of collection through an agency, renumbering certain paragraphs, editing the
last paragraph to read ‘Avon Police Officer, Code Enforcement Officer, or Parking Enforcement
Officer’ and continue with existing text.
Councilor Thuon made a motion to approve Ordinance 23-05 on first reading, with the addition
of the corrections indicated by Mayor Pro Tem Underwood. Mayor Pro Tem Underwood
seconded the motion. It was approved with a 6-0 vote of those present.
6. MINUTES
6.1. Approval of Sept 12, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Video Start Time: 03:18:26
With no discussion or correction, Councilor Thuon moved to approve the Minutes from
September 12, 2023, as presented. Councilor Hardy seconded the motion. They were
approved with a 6-0 vote of those present.
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission September 19th Abstract (Planner 1+ Max Morgan)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. Draft September 12 Health & Recreation Committee Meeting Minutes (Aquatics
Superintendent Kacy Carmichael)
7.4. Appointing former Finance Director Scott Wright to serve on the Colotrust board (Finance
Director Paul Redmond)
7.5. Gift Reporting for Vail Valley Brew-Au Tickets (Town Clerk Miguel Jauregui Casanueva)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:19:05
Mayor Phillips reminded the public of the Budget Retreat to be held on Tuesday, October
17, 2023.
Councilor Stanley shared she attended a CASE the week prior and believes marketing for
special events at the Town is not adequate. She noted that CASE is considering an intern
to handle social media for the Town next summer but will continue as is through Winter.
Town Manager Eric Heil mentioned there will be a joint CASE-Council meeting on October
24th, 2023, which will be a good opportunity to address this topic.
Councilor Thuon noted how moved he was by the EVCF presentation and stated the price
of food will go up 10-15% in the coming year. He highlighted the importance of donating
as much as possible to the EVCF. Mayor Phillips added that there’s an upcoming review of
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 26, 2023
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grants by Council and that will be factored in. Mayor Pro Tem Underwood suggested that
the Town could explore a challenge campaign and contribute by matching those donations.
She encouraged the Town Manager to explore the establishment of such a program.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 08:33 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended
to be comprehensive or to include each statement, person speaking or to portray with
complete accuracy. The most accurate records of the meeting are the audio of the meeting,
which is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Pro Tem Tamra Underwood ___________________________________
Mayor Phillips
Ruth Stanley
Lindsay Hardy
RJ Andrade
Rich Carroll
Chico Thuon
A Av on
COLORADO
TO: Honorable Mayor Phillips & Avon Town Council FROM: Emily Block, Development Coordinator RE: Construction Activity Update DATE: October 5, 2023
SUMMARY: This report provides an 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 141 permits with a total construction valuation of $23,766,482. The remainder of this report includes descriptions and updates on the largest active construction projects in Town: McGrady Acres, Frontgate, Dual-Brand Hotel, One Riverfront, Hidden Valley Estates, and the final educator housing building at Walking Mountains Science Center.
MCGRADY ACRES:
• Twenty-four (24) luxury townhomes when completed
• Currently framing building 2, framing of building 1 will begin shortly
• Planning to pour foundation of building 3 before the snow arrives
• Delivery of the first units expected during Q2 of 2024
970.748.4012 eblock@avon.org
Page 1 of 5
FRONTGATE:
• 75 Unit condominium building containing a mix of 2, 3, and 4-bedroom units, as well as an outdoor pool and hot tub, fitness center, market. Includes two Deed Restricted units.
• 9 Four-bedroom townhomes
• 80% sold in phase 1
• Tracking on schedule for phase 1 and 2 condominiums, as well as the Echelon Townhomes
• Expecting CO for phase 1 condominiums in November, with buyers taking ownership later this
year
• LINK to more info HERE
970.748.4012 eblock@avon.org
Page 2 of 5
DUAL BRAND HOTEL:
• 243 Guest room hotel with a pool, hot tub, bar, bocce ball court, fitness center, outdoor fire pite
& grills
• Exterior finishes are completing, building scaffolding is being dismantled
• Interior finishes are scheduled to begin
• Expected completion Q1 of 2024.
• LINK to more INFO HERE
ONE RIVERFRONT:
• Condos:
o Exterior finishes are 80% done with the last section of scaffolding coming down this week
o Starting site work on the north elevation which will run until approximately end of November o Finished framing on the interior and are insulating the last 2 penthouse units, drywall will be complete end of next week
o 27 of 40 Units have been completed
• All 13 townhomes are under TCO
HIDDEN VALLEY ESTATES:
• 53 Townhome units, all resident occupied deed restricted
• Grading permit issued early September
• Water main has been ran under Metcalf Road and onto the property, patching asphalt this week. This was the only utility that required crossing the entire road.
• Trying to finish as much site work as possible before the winter, initial foundations may have to wait until spring but TBD
970.748.4012 eblock@avon.org
Page 3 of 5
970.748.4012 eblock@avon.org
Page 4 of 5
WALKING MOUNTAINS SCIENCE CENTER EDUCATOR HOUSING:
• The 3rd and final in a series of 3 employee housing buildings
• Occupancy for 6 educators
• Building permit issued in September; concrete was poured this week
Thank you, Emily
970.748.4012 eblock@avon.org
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