PZC Packet 060925AVON PLANNING & ZONING COMMISSION
MEETING AGENDA
MCINDAY, DUNE 9, 202$ Avon
PUBLIC MEETING BEGINS AT 5:30 PM
ZOOM LINK: HTTPS://us02WEB.zoom.us/i/85155895531 C O L O R A D O
PLANNING AND ZONING COMMISSION TRAINING: 5:00 PM
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) - 5:30 PM
2. SWEARING IN OF NEW COMMISSION MEMBERS
3. CHAIRPERSON AND VICE -CHAIRPERSON APPOINTMENTS
4. APPROVAL OF AGENDA
5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
6. 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
PLANNING AND ZONING COMMISSION APPROVAL.
7. PUBLIC HEARINGS
7.1. CTA24002 AVON MUNICIPAL CODE UPDATES TO TITLE 7 DEVELOPMENT CODE (CONTINUED FROM APRIL
21ST) - TO BE CONTINUED TO JUNE 23RD(PLANNING MANAGER, JENA SKINNER)
7.2. EAGLE RIVER VALLEY EARLY CHILDCARE FACILITY FUNDING AGREEMENT (TOWN MANAGER, ERIC HEIL)
7.3. CTA25002 AVON MUNICIPAL CODE AMENDMENTS TO REGULATE NATURAL MEDICINE (TOWN ATTORNEY,
NINA WILLIAMS & COMMUNITY DEVELOPMENT DIRECTOR, MATT PIELSTICKER)
8. CONSENT AGENDA
8.1. MAY 12, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES
9. FUTURE MEETINGS
9.1. JUNE 23, 2025
9.2. JULY 7, 2025
10. STAFF UPDATES
11. ADJOURN
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
A
T0: Planning and Zoning Commission avon
FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING C 0 L 0 R A D 0
CTA-24002 Code Text Amendments
DATE: June 4, 2025
SUMMARY: Staff has made some small changes to the materials and would like to continue this file in order
for the Town Attorney to complete their review.
PROPOSED MOTION: "1 move to continue Case# CTA24002 to June 231d, 2025
TO: Planning and Zoning Commission A
FROM: Paul Redmond, Chief Finance Officer Avon
RE: Early Childhood Education Center Funding Agreement
DATE: June 6,2025 coi 0 R A D 0
SUMMARY: The attached report presents a draft funding agreement between the Avon Downtown
Development Authority ("Avon DDA") and Town of Avon to provide funding to Eagle River Valley Childcare
("ERVC") for the construction of an early childhood education facility on the eastern part of Planning Area
E, Village (at Avon).
The Avon DDA's Plan states that projects which will be financed by the DDA tax increment financing shall
be reviewed for recommendation by the Avon Planning and Zoning Commission. Avon Staff scheduled a
public hearing for the Avon DDA on June 2, 2025, with the Avon DDA in favor of the motion. Planning and
Zoning Commission will hold a public hearing on June 9, 2025, followed by public hearings for the Finance
Committee on July 7, 2025 and Avon Town Council on July 22, 2025.
PROPOSED MOTION: "I move to approve the Eagle River Valley Childcare Funding Agreement between
the Avon DDA and the Town of Avon as presented subject to review and revision by the Town Attorney".
Thank you, Paul
ATTACHMENTS
ATTACHMENT A: Report — ERVC Funding Agreement
970.748.4088 predmond@avon.org
TO: Chairperson Tony Emrick and DDA Board Members A
FROM: Paul Redmond, Chief Finance Officer Avon
RE: Early Childhood Education Center Funding Agreement
DATE: May 28, 2025 c 0 1 o R A D 0
SUMMARY: This report presents a draft funding agreement between the Avon DDA and Town of Avon to
provide funding to Eagle River Valley Childcare ("ERVC") for the construction of an early childhood
education facility on the eastern part of Planning Area E, Village (at Avon). The Vail Valley Foundation is
the organization that is leading the design, funding, construction and programming of this Facility. Vail
Valley Foundation formed ERVC as a non-profit entity to oversee this Facility and hopefully additional early
childhood education facilities in Eagle County. ERVC is controlled by the Vail Valley Foundation.
The funding agreement approves remittance of $400,000 of Avon DDA tax increment financing funds
received by the Avon DDA to the Town of Avon, who will then provide the funds to ERVC. The Avon DDA
Plan describes the procedure for approval of use of tax increment financing revenues and approval of
projects.
BACKGROUND: This Facility will be 13,600 sq.ft. with twelve classrooms and will have capacity for 160+
children ages 0-5. The estimated construction cost is $13,500,000. Vail Valley Foundation is in the
process of raising these funds from private donors and through investments by various employers based in
Eagle County that secure a limited number of enrollment positions. Vail Valley Foundation hopes to begin
construction this July and complete construction and open by October 2026.
The Town of Avon received the Property as a dedication for school purposes under the Village (at Avon)
Planned Unit Development Guide and the Consolidated, Amended, and Restated Annexation and
Development Agreement ("CARADA").
Vail Valley Foundation conducted a request for proposal process for an Operator and selected Access
Early Education and founder Jennifer Knott, who has successfully opened early childhood education
facilities in Glenwood Springs, Rifle, Grand Junction and Crested Butte.
On April 8th, 2025 the Avon Town Council approved a 50-year land lease with ERVC with the lease
beginning on May 1, 2025.
Avon Contributions: In addition the 50-year Land Lease, the Town of Avon would contribute the following:
• Construction of a bus stop (estimated costs $50K to $70K)
• Installation of Photovoltaics and Battery Capacity (estimated costs $100,000)
• Cash contribution of $400,000, coming from the Avon Downtown Development Authority funds and
conditioned upon approval of agreement between Town of Avon and Avon DDA
• Complimentary passes to Avon Recreation Center for all employees of the Facility
• Waiver of Use Tax, Sales Tax, Real Estate Transfer Tax (estimated value of $270,000)
• Waiver of Plan Review and Building Permit Fees (estimated value of $113K)
970.748.4088 predmond@avon.org
• Avon would receive a de minimus ownership interest in the Facility so that it is exempt from
property taxes to all jurisdictions.
PROJECT REVIEW: The Avon DDA Plan specifically contemplated the use of Avon DDA tax increment
financing to support construction of an early childhood education facility. The third recital of the Funding
Agreement references the language in the Avon DDA Plan as follows:
WHEREAS, Section 5.3 of the Avon Downtown Development Authority Plan document, dated Oct
2, 2023 ("DDA Plan"), states in part, "Support for early childhood education facilities will also
enhance the attractiveness of the Downtown Area as a desirable place for workforce living;
Section"; 6.5 of the DDA Plan identifies an early childhood education center as a project that may
benefit from financial support from the DDA; and Section 7.3.b. of the DDA Plan contemplates that
Avon and the DDA would enter into agreements to provide financial assistance in support of
development projects consistent with the DDA Plan;
PROCESS: Section 8.0 of the Avon DDA Plan states:
8.0 PROJECT APPROVAL PROCESS. Projects which are proposed to be financed in
whole or in part with DDA tax increment financing sources shall be reviewed by the
DDA Board to determine if such project advances the purposes and objectives in this
DDA Plan. The DDA Board shall conduct such work sessions as are appropriate. Projects
be subject to: review and recommendation by the Avon Planning and Zoning
Commission as set forth in the Avon Development Code; review, comment and
recommendation by the Avon Financing Committee; and review and concurring approval
by Council. The DDA Board, Avon Planning and Zoning Commission, Avon Finance
Committee and Council shall each conduct a public hearing prior to taking final action or
providing a recommendation.
Avon Staff is scheduling public hearings by Avon Planning and Zoning Commission on June 9, 2025, Avon
Finance Committee on July 7, 2025, and Avon Town Council on July 22, 2025.
FINANCIAL CONSIDERATIONS: The DDA is asked to consider a funding agreement with ERVC. The
DDA would make a financial donation not to exceed $400,000 over a three-year period dependent on the
cash flow of the DDA. Per the DDA documents, at least fifty (50%) percent of the DDA revenues should be
designated for Community Housing. The revenues anticipated in 2025 are $412,000. 50% would amount
to $206,000. Property tax revenues are received in the fall after Eagle County conducts all property tax
collections.
The funding would be used for the construction of the Early Childhood Education Center. Projected funding
to ERVC is as follows:
2025 — estimated $200,000
2026 — estimated $200,000
TOTAL $400,000
RECOMMENDATION: Staff recommends approval of a funding agreement. This will be a great use of
DDA funds and benefit our community by adding much needed additional pre-school capacity serving the
Avon community. Attachment A, is a draft fund agreement with ERVC and is subject to attorney review. If
Page 2 of 3
approved, Staff will bring Resolution 25-01 Amending the 2025 budget to an Avon DDA meeting later this
summer.
TOWN MANAGER COMMENTS: The estimated cost for the ERVC facility has increased over the last
year. The Town of Avon offered support in a variety of areas in addition to providing the land. We
understand that VVF is raising $13+ million to fund construction of the facility. This project represents a
collaborative partnership to achieve a high quality and high capacity facility that will serve an important
public need. The Northwest Colorado Council of Governments early childhood education report documents
the need and importance of such facilities to support the regional workforce. I support this project and the
funding from the Avon DDA.
PROPOSED MOTION: "I move to approve the Eagle River Valley Childcare Funding Agreement with the
Town of Avon as presented subject to review and revision by the Town Attorney".
Thank you, Paul
ATTACHMENTS: ATTACHMENT A: Draft ERVC Funding Agreement
Page 3 of 3
DRAFT
FUNDING AGREEMENT
EAGLE RIVER VALLEY CHILDCARE FACILITY
THIS FUNDING AGREEMENT ("Agreement") is entered into on July 1, 2025, by and between the Avon
Downtown Development Authority, a Colorado Authority ("DDA"), and Town of Avon, a Colorado Home
Rule Municipality ("Avon"), (collectively referred to as the "Parties").
RECITALS
WHEREAS, Eagle River Valley Childcare desires to support early childhood education in the Avon
community and construct a 13,600 sq ft facility to be located on the eastern portion of Planning Area E, in
the Village (at Avon) ("Facility");
WHEREAS, Avon approved a Land Lease with Eagle River Valley Childcare stating that Avon, through the
DDA, would provide $400,000 in funding to support the construction of the Facility;
WHEREAS, DDA and Avon desire to promote an early childhood education center in the Avon community;
WHEREAS, Section 5.3 of the Avon Downtown Development Authority Plan document, dated Oct 2, 2023
("DDA Plan"), states in part, "Support for early childhood education facilities will also enhance the
attractiveness of the Downtown Area as a desirable place for workforce living; Section"; 6.5 of the DDA
Plan identifies an early childhood education center as a project that may benefit from financial support from
the DDA; and Section 7.3.b. of the DDA Plan contemplates that Avon and the DDA would enter into
agreements to provide financial assistance in support of development projects consistent with the DDA
Plan;
WHEREAS, Avon and the DDA find that the construction and operation of the early childhood education
facility proposed by Eagle River Valley Childcare will promote the purposes stated in Section 1.2 of the
DDA Plan, will provide an attractive, high -quality amenity for full-time residents in the area, and will promote
the healthy, safety and general welfare of the Avon community; and
WHEREAS, Section 8.0 requires the DDA, Avon Planning and Zoning Committee, the Avon Finance
Committee and Avon Town Council to hold a public hearing on projects proposed to be financed in part by
the DDA, and the DDA held a public hearing on June 2, 2025, the Avon Planning and Zoning Commission
held a public hearing on June 9, 2025, the Avon Finance Committee held a public hearing on July 7, 2025,
and the Avon Town Council held a public hearing on July 22, 2025.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS
CONTAINED HEREIN, AVON AND ERVC AGREE AS FOLLOWS:
1. CONSTRUCTION SUPPORT: DDA agrees to remit to Avon FOUR HUNDRED THOUSAND
DOLLARS ($400,000) ("Construction Support") commencing on October 1, 2025, and payable
each year in the amount of 50% of the total tax increment funds received, less administrative costs,
until the total Construction Support amount has been paid to Avon. Avon agrees to use the funds to
remit to Eagle River Valley Childcare exclusively for the purpose of defraying the cost of construction
of the Facility.
2. Term of Agreement. This Agreement shall be effective until the Construction Support is paid in full
to Avon, and then this Agreement shall automatically expire.
3. Modification. This Agreement contains the entire agreement between the Parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
DRAFT Funding Agreement — Early Childhood Education
May 30, 2025
Page 1 of 2
DRAFT
agreement is in writing and duly signed by the Party against whom enforcement of such change,
modification, or termination is sought.
4. NO WAIVER OF GOVERNMENTAL IMMUNITY: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law to Avon or
the DDA, its officials, employees, contractors, or agents, or any other person acting on behalf of Avon
and the DDA and, in particular, governmental immunity afforded or available pursuant to the
Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
5. NO THIRD -PARTY BENEFICIARIES: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party,
including any agent, sub -consultant or sub -contractor of contractor. Absolutely no third -party
beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement
is an incidental and unintended beneficiary only.
6. Article X, Section 201TABOR. Avon and DDA understand and acknowledge that Avon and DDA are
subject to Article X, §20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate
the terms and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi -fiscal year direct or indirect debt or obligation
within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the
contrary, all obligations of the Parties are expressly dependent and conditioned upon the continuing
availability of funds beyond the term of the Parties' current fiscal period. Financial obligations of the
Parties payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and
resolutions of the Parties, and other applicable law. Upon the failure to appropriate such funds, this
Agreement shall be terminated.
7. Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of
the State of Colorado. The Parties agree that venue in any action to enforce or interpret this
Agreement shall be in the District Court for Eagle County, Colorado.
AVON DOWNTOWN DEVELOPMENT AUTHORITY:
BY: ATTEST:
Tony Emrick, Chairperson
AVON TOWN COUNCIL:
BY: ATTEST:
Tamra N. Nottingham, Mayor
DRAFT Funding Agreement — Early Childhood Education
May 30, 2025
Page 2 of 2
Chris Neuswanger, Secretary
Miguel Jauregui Casanueva, Town Clerk
TO: Planning and Zoning Commission
FROM: Matt Pielsticker, AICP, Community Development Director
RE: QUASI-JUDICIAL PUBLIC HEARING ��O
CTA25002 — Natural Medicine Regulations
DATE: June 3,2025 C 0 L 0 R A D 0
SUMMARY: The attached materials to the Planning and Zoning Commission ("PZC") include a Code Text
Amendment application to modify and or update certain provisions throughout the Avon Municipal Code
("AMC") as it relates to a new use called Natural Medicine. Staff ensures municipal code items that warrant
updates are presented to Town Council ("Council") for their consideration and approval prior to application.
This package reflects those items recognized by Council as necessitating action. Staff was directed to
produce an Ordinance for changes to Title 8 and Title 7 of the AMC to recognize the use and determine
appropriate regulations.
PROCESS: Town Council held a work session on April 22, 2025 to discuss the relative changes to
Colorado State Law and the options for Avon to respond to these state amendments. As a portion of these
amendments affect Title 7 of the Development Code, the PZC will conduct a public hearing, consider public
comments and review criteria, and then formulate a recommendation to Town Council for these materials.
TOWN COUNCIL STAFF
INITIATION ANALYSIS &
April 22, 2025 >�/REPORT
PZC �. TOWN COUNCIL
PUBLIC HEARING ORDINANCE &
RECOMMENDATION PUBLIC HEARING
June 9, 2025 TBD
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on May 30, 2025. No public
comments have been received.
REVIEW CRITERIA:
GENERAL REVIEW CRITERIA Conformance with General Review Criteria in AMC §7.16.010(f)(1),
General Criteria, are considered for this application:
(1) The development application is complete;
(2) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(3) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(4) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: Staff believes sufficient information exists to allow PZC to review this application
with the applicable review criteria. This Amendment application will not impact demands for public
services. Specific to (iv), the General Review Criteria provisions are geared toward development
applications to ensure that a new development plan will neither injure nor cause significant
disruptions to existing development. This Code Text Amendment will not result in construction
970-748-4413 matt@avon.org
activities and, as such, does not affect impacts to services or infrastructure; however, the amendment
should clarify processes and requirements for future developers and assist in promoting best
practices in increasing the communication of the Avon Development Code and to users thereof.
CODE TEXT AMENDMENT REVIEW CRITERIA: PZC must consider a set of review criteria when
reviewing code changes. The review criteria for Code Text Amendments are governed by AMC
§7.16.040, Code Text Amendments.
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: The Code Text Amendments help clarify where Natural Medicine Businesses can
operate within Town boundaries. The State of Colorado has started to issue licenses for the operation
of Natural Medicine Businesses and the Town of Avon can regulate (not prohibit) the use in Town. The
MUC, NC, SC, and TC zone districts permit medical office uses and therefore these same districts were
selected for healing center use. The IC zone district was found to be an appropriate and compatible
area for other Natural Medicine Businesses including cultivation, processing, etc. The Code Text
Amendments are necessary to respond to a new use that is recognized by the State of Colorado and
therefore in compliance with the review criteria 4.
RECOMMENDED FINDINGS:
1. The development application is complete;
2. The development application provides sufficient information for PZC to determine if it
complies with the relevant review criteria;
3. The development application complies with the goals and policies of the Avon
Comprehensive Plan;
4. The demand for public services or infrastructure exceeding current capacity does not
require mitigation as there is no development application accompanying the Code Text
Amendment that results in a physical project utilizing public services or infrastructure.
5. The text amendment promotes the health, safety and general welfare of the Avon
community by providing a framework for Natural Medicine businesses to operate in a safe
manner in compatible areas;
6. The text amendment consistently promotes the purposes stated in this Development Code
by dividing the Town into areas for Natural Medicine businesses to operate (AMC
§7.04.030(a)); and
7. The text amendment is necessary to respond to new state regulations.
CTA25002 Code Text Amendments
June 9, 2025 PZC PUBLIC HEARING
Page 2 of 3
OPTIONS: PZC has the following options with the Application:
• Recommend Denial, with findings
• Recommend Approval, as drafted
• Recommend Approval, with changes
• Continue the public hearing to a specific date
PROPOSED MOTION: "I move to recommend Town Council approve the Ordinance Adopting a New
Chapter 8.27 Regarding Local Regulation of Natural Medicine and in amending Section 7.24.040 Regarding
Table of Allowed Uses" based on the findings for §7.16.010(f)(1) General Criteria and §7.16.040 Code Text
Amendments, as presented and outlined in the Staff report.
Thank you, Matt
ATTACHMENT A: Memo from Betsy Stewart, with Attachments
ATTACHMENT B: Natural Medicines Permitted Zones Map
CTA25002 Code Text Amendments
June 9, 2025 PZC PUBLIC HEARING
Page 3 of 3
ATTACHMENT A
M) Wilson Williams
Fellman Dittman
MEMORANDUM
To: Avon Planning and Zoning Commission
From: Town Attorney's Office — Betsy L. Stewart
Date: 05/27/2025
Re: Local Regulation of Natural Medicine
A. Introduction
This memo contains an overview of the laws and regulations surrounding natural medicine
to assist the Planning and Zoning Commission with understanding the state of the law and the
manner in which natural medicine can be regulated by the Town. It also contains a draft Ordinance
and a Zoning Map prepared after receiving preliminary policy guidance from Town Council.
B. Historical Background of the Natural Medicine Act
In 2022 Colorado voters adopted Proposition 122 which is now codified as the Natural
Medicine Act (NMA) in C.R.S § 12-170-101, et seq. In 2023, the legislature adopted the Natural
Medicine Code (NMC) which sets forth additional guidelines for the use and cultivation of natural
medicine in C.R.S. § 44-50-101, et seq.]
In short, Colorado voters determined that natural medicine should be utilized as an
additional tool to address mental health issues in the state.2 As a result, the purpose of the NMA is
to establish a "new, compassionate, and effective approach to natural medicine" by (1) removing
criminal penalties for personal use of natural medicine for adults 21 years of age and older; (2)
developing and promoting public education regarding the use of natural medicine and appropriate
training for first responders; and (3) establishing regulated access by adults 21 years of age and
older to natural medicines that show promise in improving well-being, life satisfaction, and overall
health.3 The legislature also recognized that the NMA and its regulations must balance the health
and safety risks to consumers and the cultural harms it could cause to American tribes and
Indigenous and traditional communities with connections to natural medicine.4
The Department of Regulatory Agencies (DORA) recently issued licensure and training
regulations for natural medicine facilitators.' Meanwhile, the Colorado Department of Revenue's
(CDOR) regulations address all regulated natural medicine and natural medicine product
businesses for the purposes of the cultivation, manufacturing, testing, storage, distribution,
transport, transfer, dispensation, and licensure fees.6
See https://www.gpr.orgl20231061211colorado psychedelic -law foi-silocybin-mushi-ooinsl for a Colorado Public
Radio News Article re: the historical background of Proposition 122.
2 C.R.S. § 12-170-102(1).
3 C.R.S. § 12-170-102(1)0).
4 C.R.S. § 12-170-102(2)(d).
14 CCR 755-1.
6 1 CCR 213-1.
1314 Main Street, Suite 101, Louisville, CO 80027
betsy(@wwfdlaw.com - (303) 376-8515
Page 1 of 4
IAFWilson Williams
O) Fellman Dittman
C. Analysis of the NMA, NMC, and Regulations
1. What is natural medicine?
The term "natural medicine" currently applies to the hallucinogenic compounds of
psilocybin and psilocin found in psychedelic mushrooms.7
2. How can natural medicine be used?
a. Personal Cultivation and Personal Possession
Personal cultivation of natural medicine is permitted on private property in an enclosed and
locked space in an area of no more than 12 x 12 feet. Such cultivation area can be non-contiguous,
i.e. in one 12' x 12' plot or twelve 1' x 1' plots, etc. Municipalities are permitted to exceed the
space limitation by ordinance or resolution.
Unlike the state's personal possession limit of 2 ounces for marijuana, there is no limit on
personal possession of natural medicine in the state for adults 21 years of age and older (21+). 21+
adults can share natural medicine with other 21+ adults in the context of counseling, spiritual
guidance, community based use, supported use, or related services so long as no renumeration is
received except in bona fide harm reduction or support services used concurrently with sharing. It
is important to note that the open and public display or consumption is prohibited as is the unlawful
distribution and possession of natural medicine by or to individuals under the age of 21.8
b. Natural Medicine Healing Centers
A Natural Medicine Healing Center is a state licensed facility in which a facilitator can
provide and supervise natural medicine services to a participant. Participants must be 21+ to
receive natural medicine services by and under a facilitator's services and a facilitator is a 21+
licensed individual with necessary qualifications, training, experience, and knowledge required by
law to perform and supervise natural medicine services for a participant.9 The administration of
natural medicine in a Healing Center consists of the following three phases:
A "preparation session" meeting between a participant and facilitator that occurs before
an administration session;
An "administration session" at a healing center or other permitted location where a
participant consumes and experiences the effects of regulated natural medicine under
the supervision of a facilitator; and
An "integration session" between a participant and a facilitator after the administration
session is completed.
7 C.R.S. § 12-170-104(12)(a)(I)-(II). However, C.R.S. §§ 12-170-104(12)(b)(I)-(III) and (d) permit the state licensing
authority to extend this definition to include dimethyltryptamine (DMT) and mescaline (excluding peyote) on or after
June 1, 2026 and ibogaine at any time.
s See C.R.S. § 18-18-434 regarding Offenses relating to natural medicine and natural medicine products.
9 C.R.S. §§ 12-170-104 and 44-50-103 and 4 CCR 755-1-1.4
1314 Main Street, Suite 101, Louisville, CO 80027
betsy(@wwfdlaw.com - (303) 376-8515
Page 2of4
0) Wilson Williams
Fellman Dittman
DORA's regulations establish time frames that a participant must remain in an
administration session under a facilitator's care based on dosage administered as a way to prevent
impaired driving.10 Natural medicine product is not permitted to leave a licensed Healing Center
except in narrow circumstances when a facilitator is traveling to another location for an
administrative session and any unconsumed product must be returned to a Natural Medicine
business." Finally, as a general rule, Healing Centers must be at least 1,000 feet from a licensed
childcare center, preschool, elementary, middle, junior, or high school, or a residential child care
facility.12
3. What does the NMA mean for municipalities?
a. What is prohibited?
The most controversial aspect of the NMA is that, unlike marijuana, a municipality cannot
prohibit a properly licensed facilitator from providing natural medicine services in a Healing
Center within the boundaries of Avon.13 Likewise, the Town cannot prohibit the establishment
or operation of a business with the purpose of cultivating, manufacturing, testing, storing,
distributing, transporting, transferring, or dispensing regulated natural medicine within its
boundaries.14 Furthermore, the Town cannot prohibit the transportation of natural medicine or
natural medicine product within its boundaries on public roads by a person licensed to exercise
such privileges nor can it adopt ordinances or regulations that are unreasonable or conflict with
the NMA or the NMC.15 However, it is important to note that state laws and regulations do not
allow natural medicine dispensaries where an individual can purchase natural medicine over the
counter (as they can do with marijuana in a marijuana dispensary) and take it home for personal
use off premises.
b. What is permitted?
The Town may enact ordinances or regulations governing the time, place, and manner of
the operation of natural medicine related licenses within its boundaries.16 Practically speaking, this
means the Town can restrict hours of operation, enact zoning ordinances to locate the area where
cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation of natural
medicine and natural medicine product occurs, and set distance requirements within the vicinity
of a child care center, preschool, elementary, middle, junior, or high school, or a residential child
care facility.
10 4 CCR 755-1 § 6.17(F).
114 CCR 755-1 § 6.18.
12 1 CCR 213-1 § 2125(A)(2).
13 C.R.S. § 12-170-112; C.R.S. § 44-50-104(5)(b).
14 C.R.S. § 44-50-104(1) and (5).
15 C.R.S. § 44-50-104(5)(c)-(d).
16 C.R.S. § 44-50-104(5)(a); C.R.S. § 12-170-112; 4 CCR 755-1; 1 CCR 213-1.
1314 Main Street, Suite 101, Louisville, CO 80027
betsy(@wwfdlaw.com - (303) 376-8515
Page 3of4
0) Wilson Williams
Fellman Dittman
c. State Licensure Timeline and Notification to Municipalities
CDOR recently began issuing natural medicine business licenses and intends to notify a
municipality when it receives a licensure application in its jurisdiction to ensure that the
application conforms with local ordinances. DORA has begun issuing natural medicine facilitator
licenses as well.
d. What are the effects of decriminalization?
Engaging in the operation of a Natural Medicine Healing Center or Business and/or acting
as a Natural Medicine Facilitator are all lawful acts so long as these activities are being conducted
with the requisite licensure, training, registration, permit, or certificate. As a result, these actions
cannot be deemed an offense under state or local law. Furthermore, as stated in more detail above,
personal cultivation, possession, and consumption for 21+ is now legal in Colorado subject to a
few restrictions. However, it is clear that local law enforcement has the authority to make arrests
or issue citations within the parameters of C.R.S. § 18-18-434 for violations of the law.
4. What can the Town do?
As stated above, the Town will need to decide whether or not it wants to implement time,
place, and manner restrictions in the form of ordinances that do not conflict with state law or
regulations in its Municipal Code.
PROPOSED MOTION: "I move to recommend Town Council approval of the Ordinance
Adopting a New Chapter 8.27 Regarding Local Regulation of Natural Medicine and Amending
Section 7.24.040 Regarding Table of Allowed Uses "
ATTACHMENTS: Ordinance Adopting a New Chapter 8.27 Regarding Local Regulation of
Natural Medicine and Amending Section 7.24.040 Regarding Table of
Allowed Uses and Exhibit A re: Table of Uses
1314 Main Street, Suite 101, Louisville, CO 80027
betsy(@wwfdlaw.com - (303) 376-8515
Page 4of4
Avon
COLORADO
ORDINANCE NO.25-XX
ADOPTING A NEW CHAPTER 8.27 REGARDING LOCAL REGULATION OF
NATURAL MEDICINE AND AMENDING SECTION 7.24.040 REGARDING
TABLE OF ALLOWED USES
WHEREAS, the Town of Avon, Colorado (Town) is duly organized and validly exists as a
Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town's Home
Rule Charter; and
WHEREAS, pursuant to C.R.S. § 31-15-401, the Town possesses the authority to adopt
laws and ordinances within its police power in furtherance of the public health, safety, and welfare;
and
WHEREAS, C.R.S. § 29-20-101, et seq., provides the Town with the broad authority to
plan for and regulate the use of land to best protect and promote the health, safety, and general
welfare of the present and future inhabitants of the Town and to guide future growth, development,
and distribution of land uses within the Town; and
WHEREAS, pursuant to C.R.S. § 31-23-301, et seq. the Council has authority to adopt
and enforce zoning regulations; and
WHEREAS, Colorado voters adopted citizen initiated Proposition 122, which amended
Title 12 of the Colorado Revised Statues to include Article 170, now designated as the "Natural
Medicine Health Act of 2022" (NMHA); and
WHEREAS, the Colorado Natural Medicine Code (Regulatory Act), codified in C.R.S. §§
44-50-101 through 904 authorizes Town Council to enact ordinances regulating the time, place,
and manner of the operation of licenses issued pursuant to the Regulatory Act; and
WHEREAS, C.R.S. §§ 12-170-115 and 44-50-104 establish that the Town shall not adopt,
enact, or enforce any ordinance, rule, regulation, or resolution that is otherwise in conflict with the
provisions of the NMHA or the Regulatory Act.; and
WHEREAS, C.R.S. §§ 12-170-104(8) and 44-50-103(6) define "healing center" as a
facility licensed by the state licensing authority that permits a facilitator to provide and supervise
natural medicine services for a participant; and
WHEREAS, C.R.S. § 44-50-103(14) defines "natural medicine business" as "a natural
medicine healing center, a natural medicine cultivation facility, a natural medicine products
manufacturer, a natural medicine testing facility, or another licensed entity created by the state
licensing authority;" and
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
WHEREAS, the Regulatory Act authorizes Council to enact zoning ordinances identifying
the area where cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation
of natural medicine and natural medicine product as defined by the Regulatory Act may be
permitted in the Town; and
WHEREAS, the Regulatory Act authorizes Council to enact ordinances to establish the
distance restrictions for buildings where natural medicine services are provided within the vicinity
of a child care center, preschool, elementary school, middle school, junior high school, or high
school, and a residential child care facility; and
WHEREAS, the Town's Municipal Code (Code) contains land use and development
standards enacted to protect the health, safety, and welfare of residents of the Town; and
WHEREAS, under the Town's current land use and development standards, the operation
of natural medicine healing centers and natural medicine businesses are not permitted land uses
and the Town has not approved any such land use; and
WHEREAS, the Town does not currently have any zoning regulations addressing natural
medicine healing centers and natural medicine businesses; and
WHEREAS, the Council finds that it is in the best interest of the health, safety, and welfare
of the Town and its residents to adopt a new Chapter 8.27 in Title 8 of the Avon Municipal Code
titled Natural Medicine to encompass local regulations surrounding natural medicine in the Town;
and
WHEREAS, the Council finds that it is in the best interest of the health, safety, and welfare
of the Town and its residents to amend Section 7.20.040 — Table 7.24-1 regarding Allowed Uses
to identify the areas where natural medicine healing centers and natural medicine businesses other
than healing centers may operate within the Town; and
WHEREAS, on February 25, 2025, Council adopted Ordinance No. 2025-07 titled An
Emergency Ordinance Imposing a Temporary Moratorium on the Submission, Acceptance,
Processing, and Approval of Applications for and/or the Establishment of Natural Medicine
Healing Centers and Businesses within Town Limits (Temporary Moratorium); and
WHEREAS, Section 2(b) of the Temporary Moratorium established that it shall terminate
on the 25th day of August, 2025 unless terminated at an earlier date or extended by further
Ordinance by Council; and
WHEREAS, the Temporary Moratorium shall expire upon the effective date of the
adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
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. Title 8 of the Avon Municipal Code is hereby amended by adopting a new Chapter
8.27 titled of Natural Medicine to read in its entirety as follows:
Section 8.27.010 — Definitions
For purposes of this Chapter, the following words, terms, and phrases shall have the following
meanings:
Natural Medicine means psilocybin or psilocyn and other substances described in the Regulatory
Act as "natural medicine."
Natural Medicine Business means any of the following entities licensed under the Regulatory Act
and includes a natural medicine healing center, a natural medicine cultivation facility, a natural
medicine products manufacturer, or a natural medicine testing facility, or another licensed entity
created by the state licensing authority.
Natural medicine healing center means a facility where an entity is licensed by the state licensing
authority that permits a facilitator as defined by the Regulatory Act, to provide and supervise
natural medicine services for a participant as defined by the Regulatory Act, which includes a
participant consuming and experiencing the effects of regulated natural medicine or regulated
natural medicine product under the supervision of a facilitator.
Natural medicine product means a product infused with natural medicine that is intended for
consumption, as provided by the Regulatory Act.
Natural medicine services mean a preparation session, administrative session, and integration
session, as provided by the Regulatory Act.
Participant means an individual who is twenty-one (21) years of age or older who receives natural
medicine services prescribed by and under the supervision of a facilitator, as provided by the
Regulatory Act.
Regulated natural medicine means natural medicine that is cultivated, manufactured, tested,
stored, distributed, transported, or dispensed, as provided by the Regulatory Act.
Regulated natural medicine product means a natural medicine product that is cultivated,
manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Regulatory
Act.
Regulatory Act means the Colorado Natural Medicine Code codified in Colorado Revised Statutes.
State licensing authority means the authority created under the Regulatory Act for the purpose of
regulating and controlling the licensing of the cultivation, manufacturing, testing, storing,
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
distribution, transfer, and dispensation of regulated natural medicine and regulated natural
medicine product, as provided by the Regulatory Act.
Section 8.27.020 Permitted location for natural medicine healing centers.
Natural medicine healing centers are a permitted use in the Neighborhood Commercial Zoning
District (NC), the Mixed Use Commercial Zoning District (MC), the Town Center Zoning District
(TC), the Shopping Center Zoning District (SC), and the Light Industrial and Commercial Zoning
District (IC) subject to the distance, time, manner, and place requirements contained in this Chapter
8.27. Natural medicine healing centers are prohibited in all other zoning districts in the Town.
Section 8.27.030 Permitted locations for natural medicine businesses other than healing
centers.
Natural medicine businesses other than natural medicine healing centers including, but not limited
to, cultivation facilities, natural medicine products manufacturers, natural medicine testing
facilities, and other licensed natural medicine business entities created by the state licensing
authority are permitted uses in the Light Industrial and Commercial Zoning District (IC) subject
to the distance, time, manner, and place requirements contained in this Chapter 8.27. Such natural
medicine businesses — other than natural medicine healing centers - are prohibited in all other
zoning districts of the Town.
Section 8.27.040 Distance from Schools.
(a) No natural medicine healing center or natural medicine business shall operate out of a
building that is within one thousand (1,000) feet of a child care center, preschool,
elementary, middle, junior, or high school, or a residential child care facility (collectively
"School").
(b) Subsection (a) does not apply to a properly licensed natural medicine healing center or
natural medicine business that was actively doing business before a School was established
and/or constructed within one thousand (1,000) feet of such natural medicine healing center
or natural medicine business.
(c) The distances referred to in this Section shall be computed by direct measurement from the
nearest property line of the land used for a School to the nearest portion of the building in
which the natural medicine healing center or natural medicine business exists or services are
provided using a route of direct pedestrian access.
Section 8.27.050 Hours of operation — natural medicine services.
Natural medicine healing centers and natural medicine businesses that provide natural medicine
services shall be permitted to operate any day of the week between 7:00 a.m. to 7:00 p.m.
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
Section 8.27.060 Public view of natural medicine businesses and natural medicine
services.
All doorways, windows, and other openings of natural medicine business buildings shall be located,
covered, or screened in such a manner to prevent a view into the interior from any exterior public or
semipublic area. All activities of natural medicine businesses and natural medicine services shall
occur indoors
Section 8.27.070 Lighting of natural medicine businesses.
Primary entrances, parking lots, and exterior walkways of natural medicine businesses shall be
clearly illuminated with downward facing security lights to provide after -dark visibility for
facilitators, participants, and employees, subject to all applicable Town lighting standards. All
exterior lighting shall be downcast and shielded with a temperature of 3,000 Kelvin or warmer.
Section 8.27.080 Storage of natural medicine businesses.
All storage for natural medicine businesses shall be located within a permanent building and may
not be located within a trailer, tent, or motor vehicle.
Section 8.27.090 Odor from natural medicine businesses.
Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that
the odors from natural medicine and natural medicine products are confined to the premises and are
not detectable beyond the property boundaries on which the facility is located.
Section 8.27.100 Natural medicine businesses secure disposal.
Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine
product remnants or by-products. Natural medicine and natural medicine product remnants or by-
products shall not be placed within the facilities' exterior refuse container.
Section 8.27.110 Processing of Natural Medicine.
(a) The processing of natural medicine that includes the use of hazardous materials, including,
without limitation, and by way of example, flammable and combustible liquids, carbon
dioxide, and liquified petroleum gases, such as butane, is prohibited.
(b) Nonhazardous materials used to process natural medicine shall be stored in a manner
so as to mitigate and ensure odors are not detectable beyond the property boundaries
on which the processing facility is located or the exterior walls of the processing facility
associated with the processing of natural medicine.
(c) The processing of natural medicine shall meet the requirements of all adopted Town
building and life/safety codes.
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
(d) The processing of natural medicine shall meet all of the requirements of all adopted water
and sewer regulations promulgated by the applicable water and sewer provider.
Section 8.27.120 Nuisance
(a) It is unlawful and deemed a nuisance to:
(1) Operate a natural medicine business in violation of any of the requirements set forth
in state law or regulation or this Chapter 8.27.
(2) Dispose of, discharge out of or from, or permit to flow from any facility associated
with natural medicine any foul or noxious liquid or substance of any kind whatsoever
including, without limitation, by-products of the natural medicine process into or
upon any adjacent ground or lot, into any street, alley, or public place or into any
municipal storm sewer and/or system in the Town.
(b) Any such violation of this Chapter is subject to the General Penalty provision of the Avon
Municipal Code Chapter 1.08.
Section 3. Section 7.24.040 of the Avon Municipal Code contains Table 7.24-1 — Allowed
Uses — and is hereby amended as set forth in Exhibit A attached hereto.
Section 4. Termination of Temporary Moratorium.
Ordinance No. 2025-07 titled An Emergency Ordinance Imposing a Temporary Moratorium on
the Submission, Acceptance, Processing, and Approval of Applications for and/or the
Establishment of Natural Medicine Healing Centers and Businesses within Town Limits shall
terminate upon the effective date of this Ordinance.
Section 5. 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 6. 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 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. 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 9. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on MONTH DATE, 2025 and setting such public hearing
for MONTH DATE, 2025 at the Council Chambers of the Avon Municipal Building, located at
One Hundred Mikaela Way, Avon, Colorado.
BY:
ATTEST:
Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on MONTH
DATE, 2025.
BY:
ATTEST:
Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
Nina Williams, Town Attorney
Ord 25-XX
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
05/27/2025
7.24.040 Table of allowed uses.
Exhibit A to Ordinance 25-XX
Table 7.24-1
Allowed Uses
Use Type
P - Pennitted Use S = Special Review Use Districts in GREY are retired and not
Use -Specific
Use Category
available for rezoning.
Regulations
Residential
Nonresidential
RD
RL
RM
RH
CH
RH-
NC
MC
CH
TC
SC
P
PF
IC
OLD
M/H
C
MU
I/
2
Commercial Uses
Health Care
Medical center/
S
P
P
P
Facilities
hospital
Urgent care
P
P
P
facility
Medical and
P
P
P
P
P
S
dental clinics
and offices
Natural
P
P
P_
P
P
Chauter
Medicine
8.27
Healing enter
Exhibit A to Ordinance 25-XX
Industrial Service
Manufacturing
and Production
Machine and
welding shops
I
P
Manufacturing,
heavy
S
Manufacturing,
light
P
Natural
Medicine
Businesses
Other Than
Healing Centers
P
Chapter
8.27
ATTACHMENT B
Avon
G O L O R A D O
Natural
Medicines
Permitted Zones
Zoning Map Showing Permitted
Natural Medicine Locations and
School Proximity Constraints.
Zones Allowing Natural
Medicine Healing Centers
MUC
NC
V SC
TC
0 IC
Zones Allowing Natural
Medicine Businesses other
than Healing Centers
0 IC
IC
Mountain
I Montessori ,
\ NOTTINGHgM
If \
/ i
Avon
L _ Elementary,
I � I
If '
IN=STAR
MUC
Prater Lane /
Chillddca e'J
'TC
NC
NC
Sc
/_'0
Fq �
/ oF6, Ru \pel Ridge
` R Preschool
yw �
4.
NC
Created May 2025 by Town of Avon GIS
Legend ® Schools I_ ► Schools i,000' Buffer c-r�P Parcels � U.I 3 U•2 5 I U.b Mlles
AVON PLANNING & ZONING COMMISSION A
MEETING MINUTES ,ovo n
MONDAY MAY 12, 2025
PUBLIC MEETING BEGINS AT 5:30 PM C O L O R A D O
PUBLIC MEETING: 5:30 PM
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:31 PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS CARLY HANSEN,
ELIZABETH WATERS, RICK SUDEKUM, NANCY TASHMAN, NICOLE MURAD AND BRIAN SIPES WERE PRESENT.
COMMISSIONER BRAD CHRISTIANSON WAS ABSENT. ALSO PRESENT WERE:
MEMBERS OF THE AVON TOWN COUNCIL TAMRA UNDERWOOD, RICH CARROLL, RUTH STANLEY, KEVIN HYATT,
LINDSAY HARDY, AND GARY BROOKS
MEMBERS OF ULYSSES DEVELOPMENT GROUP BLAISE RASTELLO AND RACHEL MOHRMAN
MEMBERS OF EV STUDIO MATT SVOBODA, DEAN DALVIT
PLANNING MANAGER JENA SKINNER, PLANNER II MAX MORGAN, DIRECTOR OF COMMUNITY DEVELOPMENT MATT
PIELSTICKER, TOWN ATTORNEY NINA WILLIAMS, TOWN MANAGER ERIC HEIL, HOUSING PLANNER PATTI LIERMANN,
AND DEVELOPMENT COORDINATOR, EMILY BLOCK.
2. SWEARING IN OF NEW COMMISSION MEMBERS
ACTION: NEW COMMISSIONERS ELIZABETH WATERS AND RICK SUDEKUM WERE SWORN IN BY DEPUTY TOWN CLERK
BRENDA TORRES.
3. APPROVAL OF AGENDA
ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE AGENDA. THE MOTION PASSED UNANIMOUSLY, 6-
0.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. COMMISSIONER SIPES MENTIONED FOR
THE RECORD THAT THERE WAS A SITE VISIT AT THE SLOPESIDE DEVELOPMENT SITE PRIOR TO THE MEETING THAT
WAS OPEN TO THE PUBLIC.
5. 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 PLANNING AND ZONING
COMMISSION APPROVAL.
THERE WERE NO PUBLIC COMMENTS.
6. JOINT WORK SESSION WITH AVON TOWN COUNCIL
SLOPESIDE COMMUNITY HOUSING: DESIGN CONCEPT - PATTI LIERMANN, HOUSING PLANNER
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
7. CONSENT AGENDA
7.1. APRIL 21, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES
7.2. RECORD OF DECISION - MJR25002 EXTERIOR REMODEL AT 5743 WILDRIDGE RD
7.3. RECORD OF DECISION - REZ24002 KESTREL DEVELOPMENT SHORT TERM RENTAL OVERLAY
ACTION: COMMISSIONER TASHMAN MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER MURAD
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0.
8. FUTURE MEETINGS
8.1. JUNE 9, 2025
8.2. JUNE 23, 2025
9. STAFF UPDATES
10. ADJOURN
THE MEETING WAS ADJOURNED AT 8:02 PM
APPROVED:
9
CHAIRPERSON
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.