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TC Packet 05-27-2025
_____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, May 27, 2025 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or virtually through Zoom, Zoom registration is on the header at Avon.org AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 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.CONSENT AGENDA 5.1. Approval of May 13, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 6.BUSINESS ITEMS 6.1. Fire Mitigation & Fire Evacuation Drill Updates and Town of Avon Wildland Fire Preparedness Month Proclamation (Chief of Police Greg Daly and Fire Chief Karl Bauer and Wildland Coordinator Hugh Fairfield-Smith) 6.2. Police Presentations & Awards (Chief of Police Greg Daly) •Presentation: Police Department Annual Awards •Presentation: Police Department 2024 Annual report 6.3. PUBLIC HEARING (QUASI-JUDICIAL): Second Reading of Ordinance 25-10: REZ24002 Amendment to the Short Term Rental Overlay Zone District Amendment (Planning Manager Jena Skinner) 6.4. First Reading of Ordinance 25-11: Updates to Avon Municipal Code Chapter 5: Contractor Licensing (Development Coordinator Emily Block) 7.WRITTEN REPORTS 7.1. May 5th Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Food Truck Updates (Case Senior Coordinator Chelsea Van Winkle) 8.MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9.EXECUTIVE SESSION 9.1. For the purpose of: Legal advice pursuant to CRS §24-6-402(4)(b) and determining positions relative to negotiations and instructing negotiators pursuant to CRS §24-6-402(4)(e)(i) regarding potential tax rebate agreement for prospective retailer (Town Manager Eric Heil and Town Attorney Nina Williams) 10.ADJOURN _____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. 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 during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, MAY 27, 2025 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .] 5. PUBLIC HEARING (QUASI-JUDICIAL) FOR A SPECIAL EVENTS LIQUOR PERMIT 5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER EVENT: A TASTE OF NATURE DATE AND TIME: 5:15 P.M. – 10:30 P.M. ON JULY 8, 2025 LOCATION: 318 WALKING MOUNTAINS LANE TYPE: SPECIAL EVENT PERMIT MANAGER: ACADIA CARYL 6. PUBLIC HEARING (QUASI-JUDICIAL) FOR RENEWAL 6.1. APPLICANT: WALMART INC D/B/A WALMART SUPERCENTER #1199 LOCATION: 171 YODER AVE TYPE: FERMENTED MALT BEVERAGE AND WINE (CITY) MANAGER: SIGRID ESCALANTE 7. APPROVAL OF THE MINUTES FROM JANUARY 28, 2025 LIQUOR LICENSING AUTHORITY MEETING (AUTHORITY SECRETARY MIGUEL JAUREGUI CASANUEVA) 8. WRITTEN REPORT 8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (AUTHORITY DEPUTY SECRETARY BRENDA TORRES) 9. ADJOURNMENT 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary RE: PUBLIC HEARING (Quasi-Judicial) for Special Event Permit Application - A Taste of Nature DATE: May 19, 2025 SUMMARY: The Walking Mountains Science Center, as the Applicant, is applying for malt, vinous, spirituous liquor permit to serve/sell beverages at the A Taste of Nature special event on July 8, 2025. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Documents are on file in the Town Clerk’s office. The 318 Walking Mountains Lane premises have been posted with notice of the public hearing for this application, and no public comments were received. The event manager will be present to answer questions about the application and the event. The Applicant has adequate proof of commercial liability insurance that meets Town requirements and has obtained any other permit needed for this event. Background checks show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar year. BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the lo cal option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming A Taste of Nature special event. A public hearing is required before final action is taken. Applicant Name: Walking Mountains Science Center Event Name: A Taste of Nature Event Date: July 8, 2025 5:15 p.m. – 10:30 p.m. Location: 318 Walking Mountains Lane Event Manager: Acadia Caryl Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor Page 2 of 2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the A Taste of Nature special event on July 8, 2025 from 5:15 p.m. to 10:30 p.m.” Thank you, Brenda SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: ✓Attachment A: Application for a Special Event Permit (State form DR 8439) ✓Attachment B: Alcohol Management Plan ✓Attachment C: Diagram Attachment A Attachment B Walking Mountains Science Center Avon Campus A Taste of Nature Special Event -Tuesday, July 8, 2025 Designated Event Area: 1.Guests offered cocktails after registering in front of Building Don Walking Mountains Campus. 2.Cocktail Reception in Events Meadow & Campus Plaza (south of Building A) (under 30 x 50 tent). 3.Dinner and Program with Wine Service in the Main Parking Area West of Building A (under SO x 100 tent). 4.Kitchen (north of Building A) (under 20 x 20 tent) 5.After Party in Building B, Frechette Field Studies Base camp, on Walking Mountains Campus with beer and wine service. a.*=tents b.The star adjacent to Building A represents two tents. The one referenced in Item 3 and in Item 4. Attachment C 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary RE: PUBLIC HEARING (Quasi-Judicial) for Liquor License Renewal Application – Walmart INC d/b/a Walmart Supercenter #1199 DATE: May 19, 2025 SUMMARY: Walmart INC d/b/a Walmart Supercenter #1199, as the Applicant, is applying for a Liquor License Renewal. The Applicant has submitted the appropriate materials and fees required by the State of Colorado Liquor Enforcement Division. A background check from the Deputy Town Clerk and the Avon Police Department reveals no criminal background check for the manager, but a liquor violation made by an employee. The executed Stipulation, Agreement, and Order #SA 24-GJ-55 was received from the Liquor Enforcement Division on January 7, 2025. These documents are on file in the Town Clerk’s office. BACKGROUND: Section 44-3-302, C.R.S., provides guidelines for liquor licensing renewals, which applications are made to the Local Licensing Authority. The Deputy Town Clerk has reviewed the application submitted and referenced above and found the materials in order. The violation is described as follows: Walmart INC d/b/a Walmart Supercenter #1199: Walmart #1199 has been the subject of an investigation conducted by the Colorado Department of Revenue Liquor Enforcement Division. Agents of the Division allege violation of the Colorado Liquor Code, Sections 44-3-901(1)(b) and 44-3-901(11). On April 15, 2024, this Licensee, through its employee/agent Omar Gutierrez, permitted the selling, serving, giving, or procuring of an alcohol beverage (a 6-pack of Mikes Hard Lemonade fermented malt beverage) to a seventeen-year-old Liquor Enforcement Division underage purchaser without verifying an identification, in violation of the above statutes. On January 7, 2025 the Deputy Town Clerk confirmed with the Division that the Licensee/Applicant has paid the fine and fulfilled their requirements for this matter to be closed. The manager and representatives have been invited to attend the Liquor Licensing Authority meeting. ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider the following liquor license application for renewal. A public hearing is required before final action is taken. Applicant Name: Walmart INC d/b/a Walmart Supercenter #1199 Location: 171 Yoder Ave Manager: Sigrid Escalante Permit Type: Fermented Malt Beverage and Wine (City) Page 2 of 2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the liquor license renewal application for Walmart INC d/b/a Walmart Supercenter #1199.” Thank you, Brenda LIQUOR LICENSE RENEWAL APPLICATION ATTACHMENTS: The Applicant for the renewal application has submitted the following materials: ✓ Attachment A: Application for Liquor License Renewal (State form DR 8400) Attachment A AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JANUARY 28, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Chair Tamra N. Underwood called the January 28, 2025, Avon Liquor Licensing Authority Board Meeting to order at 5:00 p.m. A roll call was taken, and Board Members present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Vice-Chair Richard Carroll, and Chair Tamra N. Underwood. Present virtually was Town Attorney Nina P. Williams. Absent was Board Member Kevin Hyatt. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Board Secretary Miguel Jauregui Casanueva, Board Deputy Secretary Brenda Torres, and Chief of Police Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:35 Chair Underwood initiated the meeting with the agenda approval process. Board Member Stanley motioned to approve the Liquor Licensing Authority Agenda, as presented. Board Member Hardy seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:00 Chair Underwood asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT – COMMENTS A RE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:01:15 Chair 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 added that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or virtually and no public comment was made in person nor virtually. 5. PUBLIC HEARING (QUASI-JUDICIAL) FOR A SPECIAL EVENTS LIQUOR PERMIT Video Start Time: 00:01:40 5.1. Applicant Name: Walking Mountains Science Center Event: Drinkering and Tinkering Location: 318 Walking Mountains Lane Type: Special Event Permit Manager: Scott Dunn Liquor Authority Deputy Secretary Brenda Torres delivered a presentation related to the application’s findings and introduced the Applicant’s representative, Scott Dunn, who was present in person and joined her at the podium to respond to any questions related to the application. Ms. Torres advised that the application was complete and ready for consideration by the Liquor Authority. After Mr. Dunn responded to the questions presented by the Board, Chair Underwood opened the floor of the public hearing, and no public comment was received in person nor virtually. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JANUARY 28, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 Board Member Hardy motioned to approve the application. Board Member Stanley seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 6. APPROVAL OF THE MINUTES FROM THE AUGUST 27, 2024 MEETING Video Start Time: 00:08:00 Board Member Stanley motioned to approve the Minutes from Tuesday, August 27, 2024, as presented. Board Member Hardy seconded the motion. The motion carried with a 5-0 vote of those present and one abstention from Board Member Brooks. 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 8. ADJOURNMENT The Avon Liquor Licensing Authority Meeting adjourned at 5:09 p.m. These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ____________________________________ Miguel Jauregui Casanueva, Liquor Authority Secretary APPROVED: Tamra N. Underwood ___________________________________ Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks (970) 748-4022 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary Date: May 19, 2025 Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no new criminal activity on the background check and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days, and Special Event Permits for ten days and require the Town Clerk’s Office to accept comments and/or requests for a public hearing before the Avon Liquor Licensing Authority. In all cases, the Deputy Town Clerk has the discretion to refer the application to the Avon Liquor Licensing Authority. The Deputy Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating back to January 8, 2025, the Town has received 12 renewal and 1 special event permit applications that have met all the requirements for administrative review and approval and were ultimately approved by the Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary. No comments, complaints, or request for hearings were received. They are as follows: Renewals: Applicant: Southside Benderz LLC d/b/a Southside Benderz Location: 182 Avon Road #208 Type: Hotel and Restaurant Manager: Noah Bender Applicant: Fancy Pansy LLC d/b/a Fancy Pansy Location: 51 Beaver Creek Place Unit #2 Type: Beer & Wine (City) Manager: Frankie Lynn Sheridan Applicant: Fiesta Jalisco Numero Tres LLC d/b/a Fiesta Jalisco Location: 240 Chapel Place #B12 Type: Hotel & Restaurant (City) Manager: Jose Rodriguez Applicant: Pho 20 LLC d/b/a Pho 20 Location: 47 Beaver Creek Blvd Unit C13 & C14 Type: Hotel & Restaurant (City) Manager: Cong Hoang Applicant: Sky and Cloud, LLC d/b/a Ein Prosit Fine Beers and Sausages Location: 82 E Beaver Creek Place Suite M107 (970) 748-4022 btorres@avon.org Type: Hotel & Restaurant (city) Manager: Jake Fussell Applicant: China Garden INC d/b/a China Garden Location: 100 W Beaver Creek Blvd #125 Type: Hotel & Restaurant (City) Manager: Shervin Rezaie Applicant: D & D Inc. d/b/a Pho Bay Location: 101 Fawcett Road #180 & #185, LCE #112 Type: Hotel & Restaurant (City) Manager: Denny Duong Applicant: Town of Avon d/b/a Town of Avon Location: 1 Lake Street Type: Optional Premise Manager: Chelsea Van Winkle Applicant: Vistana Colorado Management INC d/b/a Sheraton Mountain Vista Location: 160 Beaver Creek West Type: Hotel & Restaurant (City) Manager: Jesse Larson Applicant: Cripple Creek Backcountry, INC d/b/a Cripple Creek Backcountry Location: 82 E Beaver Creek Blvd #M102 Type: Beer & Wine (City) Manager: Douglas Mark Stenclik Applicant: Maverik, INC d/b/a Maverik, INC #689 Location: 240 Wagon Trail Road Type: Fermented Malt Beverage and Wine (City) Manager: Jamina Plett Applicant: Vail Valley Art Guild d/b/a Vail Valley Art Guild Location: 137 Benchmark Rd #C2 Type: Retail Establishment Permit Malt, Vinous and Spiritous Liquor Manager: Melissa Nelson Special Event Permits: Applicant: Shift Events Event: Triple Bypass Dates: July 12, 2025 12:00 p.m. - 8:00 p.m. Location: 1 Lake Street/Nottingham Park Pavilion Manager of Event: Caprice Bass Thanks, Brenda AVON REGULAR MEETING MINUTES TUESDAY MAY 13, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Mayor Tamra N. Underwood called the May 13, 2025, Council Regular Meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Gary Brooks, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. Present virtually was Councilor Stanley who joined the meeting at 5:01 p.m. Absent from the meeting was Councilor Chico Thuon. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Deputy Town Clerk Brenda Torres, Chief Financial Officer Paul Redmond, Rec Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Housing Planner Patti Liermann, Engineering Director Eva Wilson, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:40 Mayor Underwood initiated the meeting with the Agenda approval process. Councilor Brooks motioned to approve the Agenda, as presented. Councilor Hardy seconded the motion. The motion carried unanimously with a 5-0 vote of those present at that time. Councilor Ruth Stanley joined the meeting virtually at 5:01 p.m. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:15 Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:30 Mayor 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 added that the public comment section is intended for items not listed in the Agenda, and participation by members of the public will be limited to 3 minutes, with an additional minute that may be granted at Council’s discretion. She added that members of the public should address Council directly and should not expect a response as it is only intended as an opportunity and space for the public to provide input to Council. She asked if there was any public comment from those present in the room or virtually and requested that they spell their name and mention the neighborhood they reside in if they so choose to upon taking the podium. No public comment was received in person nor virtually. AVON REGULAR MEETING MINUTES TUESDAY MAY 13, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. CONSENT AGENDA Video Start Time: 00:03:15 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1 Approval of April 22, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2 Approval of Updated Appointments to Boards & Commissions (Chief Administrative Officer Ineke de Jong) 5.3 Approval of Revised Land Lease for Planning Area E Pre-School (Town Manager Eric Heil) 5.4 Town of Avon Wildland Fire Preparedness Month Proclamation and Eagle County Board of County Commissioners Joint Resolution proclaiming May 2025 as Wildfire Preparedness Month (Chief of Police Greg Daly) 5.5 Notice of Award: Pedestrian Mall Expansion – Design (Engineering Director Eva Wilson) Mayor Pro Tem Carroll motioned to approve the Consent Agenda. Councilor Hardy seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 6. BUSINESS ITEMS 6.1. Presentation: Good Deeds 2 Community Housing Partnership with Eagle County Housing & Development Authority (Housing Planner Patti Liermann) Video Start Time: 00:05:07 Housing Planner Patti Liermann delivered a presentation related to the Good Deeds 2 Community Housing Partnership with Eagle County Housing & Development Authority. She answered questions from Mayor Pro Tem Carroll related to the mechanics of a foreclosure repurchase of a deed restricted property by the County’s Housing Authority and the Town of Avon. He also inquired on the status of an inter-governmental agreement (IGA) referenced in the memo, which Town Manager Eric Heil advised will get put together depending on budget appropriations. Mayor Pro Tem Carroll thanked staff for their work on this item. He said there needs to be a co-beneficiary correction for him to feel comfortable approving such a partnership with the County, accompanied by an IGA. Councilor Brooks inquired on the start date for the program and was advised by Town Manager Heil that it started a year prior and is actively being advertised so staff will put a stop to it tomorrow and until such time as there is an IGA in place to document the pilot program. No public comment was received in person nor virtually. As this was discussed as a presentation, no motion was requested, and staff received feedback and direction to continue their work as indicated. 6.2. Presentation: Eagle County Conservation District (ECCD) and Beyond Lawn Updates (ECCD Executive Director Laura Bohannon) Video Start Time: 00:21:45 Eagle County Conservation District (ECCD) Executive Director Laura Bohannon delivered a presentation related to the ECCD and Beyond Lawn Updates. She explained the ECCD services related to the Beyond Lawn Program, the Noxious Weed Cost Share Program, the Grass and Wildflower Seed Mixes they sell, and the overall technical assistance they offer the community. AVON REGULAR MEETING MINUTES TUESDAY MAY 13, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 She invited the public to visit beyondlawn.org to fill out a questionnaire and schedule an onsite assessment with an ECCD specialist. As this was discussed as a presentation, no motion was requested, and no public comment was received in person nor virtually. 6.3. PUBLIC HEARING (QUASI-JUDICIAL): First Reading of Ordinance 25-10: REZ24002 Amendment to the Short-Term Rental Overlay Zone District Amendment (Planning Manager Jena Skinner) Video Start Time: 00:35:45 Planning Manager Jena Skinner delivered a presentation related to the First Reading of Ordinance 25-10. Andrea McMillan, the applicant, joined Planning Manager Skinner at the podium in person to add that this is a luxury property and only 1 of 3 of the 24 homeowners is actively trying to secure a short-term rental license as would be permitted under the Amendment. Councilor Hyatt asked if these 3 short term rental licenses would be given to owners on a first-come first-serve basis and was advised in the affirmative. Mayor Underwood asked about the status of the bus stop that would be servicing these units and was advised by staff that it would be located close to the bridge but is not yet running. Mayor Underwood asked Planning Manager Skinner if it would be an Avon or CORE bus, and was advised by Town Manager Heil that it is quite costly to add a new Avon bus line and the Town will need to next year. Mayor Pro Tem Carroll asked if the applicant responses included in page 89 of the packet were prepared by staff and was advised in the affirmative. Councilor Hardy when the Short- Term Rental Overlay program was established, and was advised it was established in 2009 and updated in 2017. Mayor Underwood opened the floor of the public hearing to public comment, and Brett Falk, resident of Avon, took the podium in person to ask Council why zoning was trying to be changed from the original overlay. No other public comment was received in person nor virtually. Councilor Hardy read into the record remarks that after reviewing the application and review criteria, she noted that the applicant’s property is not contiguous to the town core. She added that she believes that short term rentals are a cultural shift from community to commodity where tourism is putting a strain on local services, and additional short term rental licenses granted will put an additional strain the town should not accommodate. She added she believes this might lead to unintended consequences to the environment because of overtourism and she added that as long as working locals are sleeping in cars, she will not vote yes to expand short term rental licenses or such zoning expansions anywhere in Town. She closed remarks stating that she believes the review criteria makes the zoning expansion not appropriate and she is not voting in favor. Mayor Underwood asked Councilor Hardy to clarify which of her comments is specifically made with respect to this application alone, and Councilor Hardy stated that she believes this application does put strain on local resources under review criteria number 8. AVON REGULAR MEETING MINUTES TUESDAY MAY 13, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 Mayor Underwood asked staff to include a more descriptive key in the map on page 96 of the packet ahead of second reading. Councilor Hardy highlighted the quote from the application ‘since these townhomes are not aimed at housing workforce’ which she noted bothered her. Councilor Hyatt asked if the application meets the eligibility criteria to get approved, and he was advised that although Councilor Hardy has expressed she does not believe it meets eligibility criteria No. 8 in Page 90, staff believe it meets the eligibility criteria to adopt the Ordinance. Mayor Pro Tem Carroll directed staff to include Homeowner Association documents in the report for the second reading. After deliberations, Councilor Brooks motioned to approve the first reading of Ordinance 25- 10, including the findings outlined in the Report. Mayor Pro Tem Carroll seconded the motion. The motion carried with a 5-1 vote of those present, with Councilor Hardy voting against. 6.4. PUBLIC HEARING: Second Reading of Ordinance 25-09: Three-mile Plan (Community Development Director Matt Pielsticker) Video Start Time: 01:09:50 Community Development Director Matt Pielsticker delivered a presentation related to the Second Reading of Ordinance 25-09. Councilor Hardy asked Community Development Director Pielsticker if the two pieces of land that flank River Edge Apartments are development opportunities that Staff brought up to Vail Resorts, and she was advised in the negative, and she suggested she believes it is and should be. Mayor Underwood asked if this Plan will get updated every year, and he said every few years they will come back to Council with an amendment and update. Mayor Underwood opened the floor of the public hearing to public comment, and no public comment was received in person nor virtually. After deliberations, Mayor Pro Tem Carroll motioned to approve the second reading of Ordinance 25-09, including the Comprehensive Plan Findings and General Criteria Findings outlined in the Report. Councilor Hardy seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 6.5. Work Session: Village (at Avon) Park Planning Kickoff (Planner II Max Morgan & Recreation Director Michael Labagh) Video Start Time: 01:17:45 Planner II Max Morgan & Recreation Director Michael Labagh delivered a presentation related to the Village (at Avon) Park Planning Kickoff. Mayor Pro Tem Carroll asked staff when the hiring of a consultant for conceptual planning will take place, which Town Manager Heil advised it no longer makes sense to hire a consultant for the public engagement portion based on staff expertise. Councilor Brooks asked questions about how the DDA funds can get disbursed in planning area B, and if parcel P3 will be returned in a condition that facilitates its development, and Town Manager Heil advised it will be turned over in rough graded fashion. Councilor Brooks asked staff to analyze if there is a need for an ice-skating rink in this park. Town Manager Heil AVON REGULAR MEETING MINUTES TUESDAY MAY 13, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 said soil investigation is needed to determine if can accommodate such a structure. Mayor Underwood asked at which point a consultant would get hired for this project and was advised in the affirmative and ahead of moving to final design. Mayor Underwood opened the floor to public comment and Ian Grask, resident of Avon, took the podium in person to state that he and Tim McMahon, who is not able to be present in the room, would both love for an ice-skating rink to be located at this site. No other public comment was received in person nor virtually. As this was discussed as a work session, no motion was requested, and staff received feedback and direction to continue their work as indicated. 7. WRITTEN REPORTS 7.1. April 21st Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.2. May 5th Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.3. Quarterly Community Housing Programs Update (Housing Planner Patti Liermann) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:47:40 Mayor Underwood shared three recognitions. The first one was from Colorado Mountain College (CMC) on behalf of the Colorado Law Enforcement Training Academy, expressing gratitude for the support in facilitating Avon Police instructors for the training of police cadets at their Police Academy. The second one was from Thomas Welle with Wildfire Preparedness Services who thanked the Town for the services received from Jena Skinner in support of structure wildfire fire assessments. The third one was in recognition of Chief Cultural Officer Danita Dempsey, Case Senior Coordinator Chelsea Van Winkle, and Special Events Coordinator Emily Dennis, who led the Town in the celebration of the Salute to the USA event on July 3rd, for which the Town was given two achievement awards for Best Public Event fair or festival and Best overall event by the Colorado Event Alliance. She also asked Chief Administrative Officer Ineke de Jong to speak of the Avon Town Clean Up and Sustainability Fair which Ms. de Jong stated returns on Wednesday, May 21, 2025, 4:30 p.m. - 7:00 p.m., at the Sun & Ski Parking Lot, located at 218 Beaver Creek Place, including a ribbon cutting ceremony for the new recycling center, with free brats and beers from Ein Prosit until supplies run out. 9. EXECUTIVE SESSION Video Start Time: 01:54:25 Mayor Underwood requested a motion from her fellow councilors to proceed into Executive Session. Councilor Hardy motioned to retire into Executive Session: 9.1. For the purpose of: Legal advice pursuant to CRS §24-6-402(4)(b) regarding private parking regulatory authority (Town Attorney Nina Williams) Councilor Brooks seconded the motion. The motion carried unanimously with a 6-0 vote of those present. The time was 6:55 p.m. At the roll call, all members of Council were present as indicated AVON REGULAR MEETING MINUTES TUESDAY MAY 13, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 at the start of this meeting. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, and Town Attorney Nina Williams. The Executive Session commenced at 7:03 p.m. The Executive Session adjourned at 7:46 p.m. 10. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 7:47 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 Underwood ___________________________________ Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Chief Greg Daly and Deputy Chief Coby Cosper RE: Work session regarding the Town of Avon and the Eagle River Fire Protection District Wildland Fire preparedness, evacuation protocols and historic and planned mitigation DATE: May 27, 2025 SUMMARY: The Town of Avon, in coordination with Eagle County Government, Eagle River Fire Protection District, the Eagle County Wildfire Collaborative, and Eagle Valley Wildland, continues to advance its wildfire preparedness initiatives. These collaborative efforts are aimed at enhancing community resilience and ensuring readiness for wildland fire events. BACKGROUND: At the upcoming work session, Chief Greg Daly and Deputy Chief Cosper will provide an overview of the Town’s evacuation preparedness efforts, including a scheduled evacuation exercise on May 24. Chief Karl Bauer and Division Chief Mick Woodworth (incoming Fire Chief) will present on the Eagle River Fire Protection District’s wildfire readiness initiatives. Additionally, Division Chief Hugh Fairfield-Smith, Wildland Coordinator for Eagle Valley Wildland, will update the Council on ongoing and upcoming fire mitigation projects in Avon and neighboring areas, with a focus on plans for Spring/Summer 2025. The Town of Avon is actively engaged in the following wildfire preparedness /prevention efforts: CURRENT INITIATIVES: 1. Public Land Defensible Space The Town has committed a total of $80,000 for wildfire mitigation work on public lands surrounding the Wildridge subdivision, including: • $40,000 from the Capital Improvements Projects Fund (CIP) • $40,000 from the Economic Development Fund This funding, allocated to the Eagle Valley Wildland/Eagle River Fire Protection District, supports the creation of fire breaks and defensible space. An Intergovernmental Agreement formalizes this partnership. 2. Countywide Wildland Fire Evacuation Zone Mapping In coordination with regional fire departments and emergency agencies, the Avon Police Department has helped develop standardized evacuation zone maps. These maps subdivide neighborhoods for efficient communication during emergencies and are integrated into the Genasys Protect platform, which supports targeted alerts via reverse 911 and other notification systems. https://protect.genasys.com/search 3. Emergency Siren Alerting System Avon operates five emergency evacuation sirens: • Three in the Wildridge subdivision • One in the Wildwood subdivision Page 2 of 2 • One in the Mountain Star subdivision Each siren runs on 120V power with a 30-minute battery backup and is tested monthly from May through October. Sirens can be activated from the Vail dispatch center or locally via handheld radios. 4. Secondary Evacuation Route for Wildridge This emergency route, now fully completed, was developed through a multi -agency collaboration involving: • Avon Community Development, Public Operations, and Engineering • Singletree HOA and Berry Creek Metro District • Eagle County, U.S. Forest Service, and Colorado Parks and Wildlife Gated access allows emergency responders to enter and residents to evacuate Wildridge or Singletree in the event of a wildfire. 5. 2025 Eagle County Emergency Operations Plan (EOP) Avon is a contributing partner and signatory to the countywide Emergency Operations Plan, which provides a comprehensive framework for response to all types of emergency incidents. https://docs.google.com/document/d/1d5EkUKsNNNWkgXEVe9FG3j1ZzcwIVrm- 44OMZhcVlE0/preview?pli=1&tab=t.0 6. Eagle County Community Wildfire Protection Plan (CWPP) This plan, updated in December 2023, outlines strategies for wildfire prevention, preparedness, and mitigation across the county. https://drive.google.com/file/d/1rv9J-v2OJd4KJesAFeMOmhmNc2JHbRDb/view 7. Annual Wildridge Wildland Fire Evacuation Exercise Scheduled for May 23, this multi-agency exercise— led by the Avon Police Department—will test a range of notification systems including: • Sirens • EC Alert and IPAWS • Local radio broadcasts • Reverse 911 • Drones • Door-to-door notifications/car public announcement systems The exercise will also practice unified command protocols with participation from over 20 community partners. TOWN MANAGER COMMENTS: Thank you, Chief Greg Daly and Deputy Chief Cosper ### Attachment A: Eagle River Fire Protection District PowerPoint regarding Spring 2025 wildland fire mitigation in Town of Avon Town of Avon Spring update 2025 Attachment A 2024 Projects 6 thinning areas 1 Tactical Fuel Break 500 piles burned 2025 Grant Funding •Colorado State Forest Service •CAFA Grant West Avon Preserve • Partnership with EVLT •4 test sites Chipping and Residential County-wide chipping program Avon area is the 3rd week of the month (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department Presentation of 2024-2025 PD Awards DATE: May 27, 2025 SUMMARY: Honorable Mayor and Council, there are several elements to the Police Department presentation on Tuesday evening: • Presentation of Avon Police Department 2024-2025 Awards • Annual report presentation/PowerPoint PRESENTATION OF AVON POLICE DEPARTMENT 2024-2025 AWARDS: As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department Awards for 2024 and the first half of 2025. These awards recognize staff members who have made exceptional and valiant individual contributions above and beyond their normal duties with the Avon Police Department. In addition, we are recognizing other town employees and community members for their contributions to the Town of Avon's citizens, residents, and guests. Citizen’s Award of Commendation – An award presented to a citizen who tangibly and conspicuously provides outstanding assistance to the agency. ➢ Presented to Dana Harrison, Principal, Avon Elementary School. For her outstanding performance, attention to detail, commitment to community safety and resourcefulness in a difficult environment. Principal Dana Harrison of Avon Elementary School is recognized for her exceptional partnership with the Avon Police Department and her unwavering dedication to the students and families of our community. From her steadfast support of the “Shop with a Cop” program—ensuring children experience the joy of the holiday season alongside local officers— to her compassionate leadership through the unprecedented challenges of the COVID-19 pandemic, comforting and mentoring immigrant families adjusting to life in th e United States, Principal Harrison has consistently gone above and beyond. In a time marked by uncertainty and social tension under the current presidential administration, she has remained a stabilizing presence for families, advocating for students’ well-being and educational continuity. Her tireless efforts reflect a deep commitment to public service, collaboration, and the resilience of the Avon community. You are a true credit to Avon and the Avon PD team. On behalf of the citizens and residents of the Town of Avon and from the men and women of the Avon Police Department, THANK YOU! Page 2 of 4 Letter of Commendation – For outstanding performance by members on difficult police operations, projects, programs, or situations requiring exceptional dedication. ➢ Presented to Officer Trevor Roszczewski For recognition of outstanding performance on March 19, 2025, at approximately 16:31 hours: While responding to a reported disturbance at Avon Station, located at 100 Benchmark Road, Officer Roszczewski encountered a situation involving a female subject who was acting erratically, harassing, and making unwanted physical contact with a 24-year-old male who self-identified as managing autism. As Officer Roszczewski engaged with the male victim, the individual became visibly emotional and began to cry. Demonstrating exceptional empathy and drawing on his crisis intervention training, Officer Roszczewski gently asked if there was anything he could do to help. The victim requested a hug, and despite traditional officer safety protocols, Officer Roszczewski honored the request. His compassionate response visibly calmed the victim and helped de -escalate the situation. Officer Roszczewski’s thoughtful, selfless actions exemplify the highest standards of the Avon Police Department and reflect great credit upon himself and the agency on that day. ➢ Presented to Officer Andres Sandoval For recognition of outstanding performance over the last year for enforcing 30 DUI arrests. Officer Andres Sandoval is commended for his outstanding dedication to traffic safety and his exceptional efforts in impaired driving enforcement. Over the past year, Officer Sandoval has made 30 DUI arrests—demonstrating a proactive commitment to protecting lives and keeping our roadways safe. His vigilance, professionalism, and consistent enforcement of DUI laws not only reflect a high level of personal initiative but also contribute significantly to the department’s mission of reducing impaired driving-related incidents. Officer Sandoval’s work embodies the values of accountability and public service, making a measurable impact on community safety and setting a strong example for his peers. His courageous and selfless actions reflect the highest standards of the Avon Poli ce Department and reflected great credit upon himself and the Avon Police Department on that day. ➢ Presented to Chief of Police Greg Daly For recognition of outstanding performance on October 5, 2024 at approximately 00:06 hours. Chief Greg Daly with the Avon Police Department was working as a grant funded DUI car with the Gore Range DUI Task Force. While parked in the crossover at MM167, Interstate 70 he was monitoring westbound traffic. He observed a vehicle driving eastbound in the westbound traffic lanes against oncoming traffic. He estimated that the vehicle was traveling at 60 to 70 mph. He paralleled his vehicle with the wrong way vehicle at the MM169.5 eastbound. He tried catching the driver’s attention, by shouting “pull over, pull over, wrong way” out his driver side window. He then used his flashlight to again try to catch the attention of the driver. The vehicle continued at a high rate of speed against traffic in the westbound lanes. Chief Daly drove at the maximum speed of his vehicle and pulled into the crossover at MM170.5 ahead of the vehicle. He exited his vehicle and flashed his flashlight at the oncoming vehicle fearful that if the vehicle passed by his location and continued into Dowd Junction in the wrong direction, there was going to be a head-on collision. Due to Chief Daly’s efforts, the vehicle slowed down and stopped. After an investigation, the driver was arrested for driving under the Page 3 of 4 influence (her second offense). His courageous and selfless actions reflect the highest standards of the Avon Police Department and reflected great credit upon himself and the Avon Police Department on that day. Department Teamwork Citation – For a group of employees that came together and achieved exceptional results relating to a specific incident or event. ➢ Presented to Sergeant Tyler Churches, Officer Cirilo Zarate, Officer Andres Sandoval, Eagle County Sheriff’s Office (ECSO) Sergeant Alex Iacovetto and Deputy Greg Lovegren For actions resulting in the safe resolution of a domestic violence case. On January 26, 2025, at approximately 2058 hours, Avon Police Sgt. Churches, Officer Sandoval, Officer Zarate, ECSO Sergeant Iacovetto, and ECSO Deputy Lovegren responded to a high-risk domestic violence incident at the Piedmont Apartments involving an armed suspect threatening the family dog with a firearm. A follow-up 911 call reported a woman being assaulted and loud banging, escalating the threat. Recognizing an imminent danger to life, officers formed an Immediate Action Team (IAT) and moved toward the apartment. As they entered the building, screams confirmed the assault was ongoing. Officer Sandoval found the door unlocked but being held shut. Due to the severity—an armed suspect, an active assault, and a victim in danger—Officers Sandoval and Zarate forced entry. The suspect was located and secured, and the victim was found with visible injuries. A butcher knife was on the kitchen counter, and three firearms—including an AK-style rifle—were recovered from the bedroom. The victim reported the suspect had pointed a handgun at her multiple times, fired a round inches from her head, and previously loaded an AK-47 while expressing suicidal intentions. She had been choked unconscious, punched repeatedly, and thrown to the ground —landing on her stomach while pregnant. This exceptional team's collaborative efforts embody the highest ideals of teamwork, compassion, and community service. They reflected great credit upon themselves, the Avon Police Department and the Eagle County Sheriff’s Office on that day. ➢ Presented to Detective Sergeant Balmore Herrera, Sergeant John Mackey, Detective Alan Hernandez, Detective Theresa Reno, Vail PD Detective Angela Sommer, Vail PD Detective Robert Genno, Vail PD Detective Sergeant Marc Antonio For actions resulting in the safe resolution of an armed robbery and a burglary case. On October 20, 2024, at approximately 4:08 a.m., Avon officers responded to an armed robbery at the Maverik gas station, where a masked suspect brandished a firearm and fled in a silver SUV without visible license plates. Minutes later, the same vehicle was involved in a smash-and-grab burglary at a jewelry store in Vail Village. The rapid and coordinated actions of Sgt. Mackey and Sgt. Antonio set the stage for a strong interagency collaboration, with the investigation jointly led by Detective Sgt. Herrera, Detectives Reno and Hernandez from Avon, and Detectives Sommer and Genno from Vail. Over the following days, the team conducted a thorough multi-jurisdictional investigation, resulting in the recovery of the suspect vehicle and the collection of critical surveillance footage and phone data. Their persistent efforts led to the recovery of the stolen jewelry and the identification of the primary suspect, culminating in the issuance of a felony arrest warrant. Shortly thereafter, the team apprehended the dangerous offender and filed multiple felony charges, including Attempted Aggravated Robbery, Menacing with a Weapon, Burglary, and Motor Vehicle Theft. This exceptional team's collaborative efforts embody the highest ideals of teamwork, compassion, and community service. They reflected great credit upon themselves, the Avon Police Department and the Vail Police Department on that day. Page 4 of 4 Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human life. ➢ Presented to Officer Michael Carlton For actions resulting in the saving and prolonging a human life on February 21, 2025 . Avon Police Officer Michael Carlton demonstrated exceptional bravery, composure, and decisive action during a critical life-threatening incident at the Avon Walmart. Upon arrival at an armed party call involving a suicidal individual, Officer Carlton immediately located the subject, who had sustained severe self - inflicted lacerations to his left forearm, resulting in significant blood loss. Without hesitation, Officer Carlton swiftly applied a tourniquet to the subject’s upper arm, effectively stemming the bleeding and preserving his life. His calm demeanor and continued efforts to keep the subject conscious and alert until paramedics arrived were instrumental in ensuring a successful medical outcome. It was later confirmed that the subject had severed a brachial artery and required emergency surgery. Officer Carlton's courageous and selfless actions under pressure reflect the highest standards of the Avon Police Department and reflected great credit upon himself and the Avon Police Department on that day. ➢ Presented to Sergeant John Mackey For actions resulting in the saving and prolonging of a human life on May 25, 2024. Avon Police Sergeant John Mackey demonstrated exceptional composure, leadership, and decisive life -saving action while responding to a serious rollover crash on US Highway 6. Upon arrival, Sergeant Mackey located the driver who had fled the vehicle and was found in a grassy area with a severe and actively bleeding laceration to her upper thigh, consistent with a possible arterial wound. Recognizing the imminent danger to her life, Sergeant Mackey applied two tourniquets above the injury, successfully controlling the hemorrhaging. Medical personnel later confirmed that, without the timely application of these tourniquets, the injury would have been fatal. Despite the female’s confusion and physical resistance due to shock, Sergeant Mackey remained focused and calm, ensuring her survival until advanced medical care arrived. Sergeant John Mackey's courageous and selfless actions under pressure reflect the highest standards of the Avon Police Department and reflected great credit upon himself and the Avon Police Department that day. Thank you, Chief Greg Daly ### Avon PoliceDepartment AnnualReport 2024 May 27, 2024 CALEA National Accreditation CACP State Accreditation Message from the Chief............................3 Department Overview...............................5 2024 By the Numbers................................6 Activity Statistics.......................................8 CIB 2024 Brief............................................10 Highlights...................................................11 Community Initiatives & Partnerships..12 Staffing Changes.......................................13 Staffing Challenges...................................14 Table of Contents Message From the Chief As Chief of Police for the Avon Police Department, I take immense pride in the dedication and professionalism of the women and men who serve alongside me. Each day, they embark on their duties steadfastly committed to protecting and serving, reflecting our department's mission of "serving to better our community" and upholding our motto of “Count on Us!”. Deputy Chief Cosper and I are steadfast in our efforts to ensure the well-being of our officers and staff. We prioritize fostering a work environment where they feel supported, safe, and fulfilled. The invaluable support from the Avon Town Council, Town Manager Eric Heil, and our fellow Town of Avon departments is integral to our success. We view ourselves as integral members of “Team Avon”, collectively working towards the betterment of our community. Our partnerships with law enforcement, fire, and EMS agencies are paramount to our shared goal of public safety. Additionally, our collaboration with various community-based organizations allows us to address local needs and concerns effectively. As leaders in the law enforcement profession, we take pride in hosting initiatives such as the annual county-wide active shooter response training, Latino and Citizen Police academies, National Night Out Events, Shop with a Cop, School Resource Officer program at Avon Elementary School, and Kids, Cops, and Hoops program, among others. While we strive to maintain crime rates at historic lows, we recognize the importance of community involvement in crime prevention. We rely on the vigilance of our community members to report criminal activity, and we are grateful for their trust in us. On behalf of the Avon Police Department, I extend our heartfelt appreciation for the unwavering support of Avon’s Finest. Together, we will continue to serve and protect our community with dedication and integrity. Chief of Police Greg Daly APD Overview Chief of Police Greg Daly MSCr. FBI National Academy Graduate Session 263 Deputy Chief Coby Cosper MS HSSE FBI National Academy Graduate Session 287 As of December 31, 2024, the Avon Police Department maintained an authorized strength of 19 out of 23 sworn officer positions, along with two Code Enforcement Officers and three civilian professional staff members. The breakdown of authorized sworn positions by rank is provided to the left. During the year, APD was awarded a grant supporting the addition of two new police officer positions. Based on the town’s population, the department maintained a staffing ratio of approximately 2.1 sworn officers per 1,000 residents in 2024. 9 Officers & 2 Detectives 6 Sergeants 2 Code Enforcement Officers 3 Administrative Services Officers 77% 2024 By the Numbers Total Calls for Service 22,018 Traffic Stops 2,085 Traffic Accidents 145 Calls Officers Dispatched To 4920 Self-Initiated Calls 16,880 Response to Resistance 17 Total Arrests 440 Down from 20 Up from 1,469 Up from 138 Up from 334 Up from 21,988 Up from 4,519 Up from 14,104 Of Total Calls for Service 2024 By the Numbers Total Crimes reported (695) 11.74% Increase from 2023 Assaults (70) 12.5% Decrease from 2023 Motor Vehicle Thefts (3) 57.14% Decrease from 2023 Sex Offenses (12) 140% Increase from 2023 Burglary (11) 0% Change from 2023 DUI (108) 28.57% Increase from 2023 Larceny (160) 14.29% Increase from 2023 Domestic Violence (40) 18.37% Decrease from 2023 Traffic Accidents (145) 5.07% Increase from 2023 Animal Control Summonses (8) 11.11% Decrease from 2023 31.94% of our traffic stops were with persons of Hispanic ethnicity; 23.82% Hispanic males and 8.11% Hispanic females. This compares with 39% of our 2020 census population who report Hispanic heritage and 49% in 2010. 39.59% of our traffic stops were with Caucasian males 23.10% of our traffic stops were with Caucasian females 2.12% were with African males .83% was with African American females Avon PD Activity Statistics 2024 Traffic Enforcement Ethnic Breakdown Mental Health Related Incidents Avon police officers responded to 122 Welfare Checks, 6 Mental Health Holds, 36 Suicidal calls, and and additional 29 Calls for Service directly related to Hope Center 2024 Calls For Service by Nature Code Unknown 911 138 Directed Patrol 4915 Abduction/Kidnapping 1 Robbery 1 Alarm 256 Disturbance 127 Liquor Violation 1 Reports 2050 Animal Compliant 202 Intoxicated Party 59 School Lock Down 2 Runaway 2 Armed Party w/Weap 2 Domestic Disturbanc 75 Lost Property 120 Security Checks 52 Arrest Generic 15 Drugs 15 Medical 145 Registered Sex Offenders 12 Assault 38 Drug Task Force 0 Mental Health Hold 9 Shooting or Shots Fired 2 Assist 1528 Evidence Processing 103 Missing Overdue Party 19 Mud/Rock/Snow Slide 0 Attempt to Locate 33 Fight 11 Motor Vehicle Accident 357 Special Assignment/Duty/P 73 Bar Check 356 Fingerprints 0 Negative Contact w/Office 1 Suicidal Party 36 Bear Call 81 Fire 51 Noise Complaint 126 Suspicious Occurrence 466 Bicycle Accident 0 Fireworks 0 Open Door/Windows 13 Traffic Stop 2085 Bike Patrol 39 Found Property 97 Ordinance Violation 34 Theft 222 Bomb Threat 1 Follow Up 2060 Parking Problem 503 Towed Vehicle 28 Shift Briefing 21 Foot Patrol 667 Patrol/Radar 339 Training 56 Burglary 5 Found 7 Prisoner Processing 9 Traffic Complaint 249 Business Check 1609 Fraud 53 Prowler 4 Travelers Aid 9 Chain Law 0 Person with a gun 3 Clear/List Person or Vehic 6 Traffic Control 51 Civil Standby/Matters 155 CBI Firearms Check 0 Clear Person or Vehicle 7 Trespassing 81 Contact 388 Harassment 89 Recovered Stolen Propert 0 Unknown Nature 44 Construction Inciden 1 ID Dispute 3 REDDI 94 Criminal Injury to Property 9 Community-Oriented 406 Interview 5 Relay 224 Abandoned Vehicle 34 Damage 44 Investigations 1 Restraining Order Violatio 21 VIN Check 33 Death 2 Juvenile Problem 24 Road Debris 106 Walk Through 17 Criminal Investigation Bureau In 2024, Avon’s Criminal Investigation Bureau has tackled a wide range of major cases with successful prosecutions. These include a hit-and-run vehicular assault solved using license plate recognition technology, Three violent felony domestic violence cases involving firearms and dangerous weapons, and an attempted murder case. This also led to collaborating with the US Marshalls Office in order to arrest and extradite an offender in Oakland, California. Our detectives have investigated white-collar crimes totaling over $1.5 million, one of which was linked to global criminal networks operating out of China, India, and across the U.S. Additionally, we uncovered a $2.5 million burglary ring tied to international groups based in Argentina and Colombia, operating from Florida across the country. In total, CIB has handled fraud and theft cases amounting to an estimated $3.5 million. The CIB team successfully executed Eagle County’s first-ever fugitive from justice cell phone ping/location warrant, along with multiple cell tower data warrants. They also utilized advanced data mining techniques and license plate recognition (LPR) technology to identify suspects and vehicles involved in various investigations. The team has also led investigations into human trafficking and missing persons, showing their commitment to protecting our community at every level. Worked with Community Development, Engineering, and Facilities to implement a Wildland Fire Alternate Evacuation route from the Wildridge subdivision. Another successful Wildland fire Evacuation exercise Maintain a Safe Community Meetup spot at the PD Participated in multiple Special Olympic fundraiser events, including Tip a Cop, Torch Run, and Polar Plunge ONLY AGENCY IN COLORADO to have all officers complete the following de-escalation training: Ethical Decision Making Under Stress (EDMUS), Integrated Communications and Training (ICAT), Active Bystandership in Law Enforcement (ABLE), and Crisis Intervention Training (CIT) training provided by CO POST 90% of all officers have attended a 40 hour SWAT course. Extreme risk protection order (Red flag): Avon PD granted the first one for law enforcement in Eagle County and recently renewed it for a third time. Two graduations from Denver University Daniels School Public Leadership program Shop with a Cop, 25 children served with over $9,000 raised. We continue as a nationally accredited agency through the Commission on Accreditation for Law Enforcement Agencies (CALEA) Another successful Law Enforcement Ski Program at Beaver Creek and Vail Mental Health Wellness, constantly working on our own wellness via Peer Support and mandatory annual wellness check-ins for all officers with a licensed clinician. School Resource Officer Burgess and Detective Hernandez participated in the Police Memorial Week in Washington, D.C Chief Daly serves on both the Colorado Peace Officers and Standards Training Board, Speak Up Reach out, Vail Valley Foundation, 800 Mhz radio governing board amongst other boards Deputy Chief Cosper serves on both the 5th Judicial District’s Victims Assistance and Law Enforcement Board (VALE) as the chair and the Eagle County 911 Authority Board as a member Avon PD participated in the national Coffee with a Cop campaign Training. Avon PD officers complete over 120 hours of in-service training per year to ensure officer safety, community safety, adherence to the rule of law, adherence to national accreditation, and reduced risk mitigation. Response to resistance. There were 17 incidents in 2024 where Avon Officers had to use force. Force includes directing a weapon in a high-risk situation. In 10 incidents a police firearm was pointed at a suspect, a TASER was pointed 3 times and a TASER was deployed 1 time. There were no serious injuries to officers or suspects in all of these encounters. There were six professional standards inquiry (PSI)/ internal affairs investigations in 2024. Four were unfounded/exonerated and two were sustained for minor policy violations. APD officers teach at the Spring Valley CMC, Breckenridge CMC, and Eagle County Regional Reserve police academies. Highlights Community Initiatives & Partnerships Law Enforcement Immigrant Alliance, National Drug Takeback Program, Annual Food Drive, Vail Valley Salvation Army Weekly Food Unloading, Law Enforcement Ski Program at Beaver Creek, Speak Up Reach Out Suicide Prevention, Vail Health Behavioral Health, Victims Assistance and Law Enforcement Board, Treetop Forensic Interview and Child Advocacy Center, Facebook, Department Chaplains, 911 Authority Board, Public Safety Council, National Night Out, School Resource Officer Program, Latino Academy, Citizen's Academy, Riverbridge Forensic Interview and Child Advocacy Center, Your Hope Center, Colorado Peace Officers and Standards Training Board, Shop with a Cop, Colorado Special Olympics, My future Pathways, Vail Valley Latino Show, Corazon de Mujer/Hearts Reign Organization, Kids, Cops and Hoops, Faith and Blue Weekend, Coffee with a Cop, Pride in the Park, Daily Drug Takeback Safe, Sexual Assault Awareness Month, Safe Meetup Spot CEO 641 departed 6/2024 605 departed 11/2024 Lost two additional positions in 2024 Detective medically retired 12/20/23 Began the year with 613 position vacant Staffing Changes 2024 1 2 621 grant funded police officer 622 grant funded bilingual police officer Recieved two new grant funded positions from DCJ 3 613 position filled 11/2024 605 position filled with current CEO 640 employee 621 position filled 1/2025 NEW 622 position filled 1/2025 NEW 640 CEO position filled 9/2024 641 CEO position filled 1/2025 Hired for vacant positions (4 vacant 2 new) 4 605, 613, 621, and 622 recently graduated the police academy on May 2, 2025. Projected to graduate FTO November 15, 2025. Projected dates of graduation for police officer candidates in field training program5 Staffing Challenges 2024 In 2024, the Avon Police Department continued to experience considerable recruitment and staffing challenges, largely due to shifting national attitudes toward law enforcement careers. The agency was fortunate to receive two officer salary grants from the Colorado Division of Criminal Justice—one to fund an additional police officer position and another specifically for a bilingual officer. Despite this support, recruitment remained difficult. The department conducted six hiring processes and successfully extended offers to four candidates to fill existing vacancies. However, as these new officers are still completing their nearly year-long training program, the positions remain effectively vacant until at least mid November 2025. This prolonged training period has strained department resources, requiring minimum staffing levels on many shifts. Notably, for approximately 59% of the past 18 months, only two officers have been on duty per shift. These conditions have placed a significant burden on existing personnel and challenged the department’s ability to sustain optimal service and safety standards for the community. Avon PD Count on us! 970-748-4023 jskinner@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Jena Skinner, AICP, Planning Manager RE: QUASI-JUDICIAL - REZ24002 Rezoning Application Short Term Rental Overlay Amendment DATE: May 21, 2025 SUMMARY: This report presents to Avon Town Council (“Council”) a updated rezoning report for the expansion of the Short Term Rental Overlay (“STRO”) to include The Kestrel development. Enacted in 2009 (expanded in 2017 to Nottingham) does not cover all areas of the Town of Avon. Approval of this application would allow up to four full STR licenses of the approved 24 units (or 15%) in The Kestrel development to operate short term rentals. This file was heard by the Planning and Zoning Commission (“PZC”) on April 21st, where they made a recommendation for Council approval. Council conducted a public hearing and adopted first reading of Ordinance 25-10 on May 13, 2025. As a clarification from the last meeting, the number of Short Term Rental licenses that would be allowed with this rezoning is four (4) based on 15% of 24 units equals 3.6 units and the Avon Municipal Code rounds up the number to the nearest whole number. AMC Section 5.04.050 Short Term Rentals (g)(2) states: (g) Limitations of Short Term Licenses. The total number of licenses permitted for a Property in the [STRO] zone district and outside the Town Core, as defined in 7.08.010 and as delineated on the Town Core Map, shall be 15% of the total number of residential units for such Property, with the following exceptions and modifications: (2) The number of allowed STR licenses shall be rounded up to the nearest whole and shall not be less than one (1) for any Property. Also, Town of Avon allows a “Resident Occupied Short Term Rental License” and “Limited Short Term Rental License” for the remaining units. The Resident Occupied Short Term Rental license requires a full-time resident to live at the property and allows rental of bedrooms. The Limited Short Term Rental license allows a maximum of 42 days of Short Term Rental during a calendar year. BACKGROUND: The Kestrel Subdivision/development is formed out of property once part of the original Nottingham Cottages Planned Unit Development (“PUD”) that is administered by unincorporated Eagle County. While the majority of lots within the PUD remain outside of Town boundary, Lots 5 and 6 were annexed and rezoned to Neighborhood Commercial (“NC”) in 2002, which still remains as the zone district for this development. Sold to the current owners in 2021, an interest to permit STRs within their development has developed. STRs are not a land use within Title 7 Development Code and are recognized as a zoning Overlay Zone only. STRs are permitted by inclusion within this overlay zoning and regulated through Title 5 Business Taxes, Licenses and Regulations, no zone districts in Avon currently allow STRs as a “permitted use” except for PUDs like Brookside and Canyon Run. Long after the establishment of the Benchmark at Beaver Creek Subdivision, which split the Town into residential, commercial, and park areas, the Town adopted a zone district map to mimic the general layout and intensity of land uses. In 2009, the Town implemented the STRO overlay zone district to outright permit and control short term rentals in a large majority of the valley floor area, outside of areas zoned Planned Unit Development (PUD). In 2017/18, the overlay was extended north of I-70 along Nottingham Road. The Avon Municipal Code was amended in 2022 to implement the STR licensing requirements that are currently used to manage this activity. Ordinance 25-10 2nd Reading- Kestrel STRO Rezoning Application May 21, 2025 Page 2 of 8 The Short Term Rental Overlay as part of the official Town of Avon Zoning Map is depicted using the heavy black borders and hatching in the image above. The Kestrel is zoned Neighborhood Commercial (NC), red, bottom right of the image frame. Location of project as it relates to the STRO. The shaded area is the Town Boundary, in the image above. SITE Ordinance 25-10 2nd Reading- Kestrel STRO Rezoning Application May 21, 2025 Page 3 of 8 PROCESS: Rezonings can only be initiated by property owners or Council. The applicant seeking this STRO amendment is the property owner and developer of the townhomes being constructed for Kestrel. PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on May 2, and mailed notice sent to adjacent property owners within 300’ as well. No public comments have been received. DISCUSSION: The Kestrel townhomes currently under construction are located outside of the Town Core, which means that this subdivision will have a 15% cap on available licenses. This restriction limits the number of short-term rental (“STR”) units to three (3.6 or 4) full STR licenses at any given time. As mentioned, an alternative form of STR license that is available for owners includes an STR limited license (limited to six (6) weeks or 42 nights) for the remaining property owners, or, a resident occupied version of licenses for full-time residents. The development itself is designed to effectively manage potential issues or impacts associated with short- term rentals, such as access, parking, and trash disposal. Additionally, all units are equipped with fire sprinkler systems, as required for new construction. Since these townhomes, much like Frontgate or Basecamp, are considered a “luxury” free-market unit type, the modification and inclusion of The Kestrel in the STR Overlay will not decrease the inventory of naturally occurring affordable housing units because of the STRO expansion. APO Map STAFF ANALYSIS & REPORT PZC PUBLIC HEARING RECOMMENDATION April 21, 2025 TOWN COUNCIL 1st Reading ORDINANCE & PUBLIC HEARING May 13, 2025 TOWN COUNCIL 2nd Reading ORDINANCE & PUBLIC HEARING May 27, 2025 Ordinance 25-10 2nd Reading- Kestrel STRO Rezoning Application May 21, 2025 Page 4 of 8 Current STRO and Town Core Area, with The Kestrel site identified PLANNING COMMISSION DELIBERATION: The PZC discussed the findings related to the Rezoning application and found that this particular application met the the required criteria supporting an amendment to the Short Term Rental Overlay, per the Avon Municipal Code (“AMC”). The PZC expressed concern surrounding future STRO amendments and conveyed to Staff that it may be appropriate to add specific considerations for amendments to this overlay related to the location of properties, not previously included in the STRO with concern surrounding the potential displacement of workforce housing. These concerns were not applied to the application as presented, and were merely forward thinking should someone propose to amend the overlay in the future in a different location that is currently not inlcuded in this overlay. REVIEW CRITERIA: The Planning and Zoning Commission and 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; Staff Response: This rezoning does not have a substantial impact with its application to the Kestrel Subdivision/development, in creating an opportunity for three (3) additional Short Term Rental units within the Town of Avon. As part of the original approval pursuant to the AMC, the Kestrel offers a Resident Occupied Deed Restricted unit that will not be subject to the pending licenses, ensuring this unit is available to a qualified, full-time employee within Eagle County. Ordinance 25-10 2nd Reading- Kestrel STRO Rezoning Application May 21, 2025 Page 5 of 8 As an approved development that has achieved all permitting including the active building permit, this project is in compliance with the AMC. The additional use of Short Term Rentals does not affect its compliance with Code. (2) Consistency with the Avon Comprehensive Plan; Staff Response: As stated on the 2021 Avon Housing Plan, “Short Term Rentals have grown in popularity nationwide and have the potential to adversely impact the availability of residential housing for long-term rental opportunities...” Since the implementation of the 2021 Housing Plan, staff has effectively updated the AMC to account for considerations regarding short-term rental (STR) licensing and control. Notably, STRs are currently limited to a 15% cap for units located outside of the Town Core. The Kestrel development is a suitable resort-oriented subdivision in alignment in meeting the requirements of STR licensing due to the design (townhomes with generous garage spaces and guest parking), and location of the development (The Kestrel has a dedicated Avon bus stop near its entrance). The Kestrel can also mitigate any potential STR impacts such as traffic, noise, health and safety concerns, while maintaining compatibility with the remaining residential units within Kestrel. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: All necessary infrastructure components including roads and utilities, are installed for this property, and has previously been deemed suitable for development. The implementation of STRs within Kestrel will not be impactive to its continuing build out. (4) Compatibility with surrounding land uses; Staff Response: In amending (expanding) the STRO to encompass this property, STR use for three (3) units will neither impede any other existing developments, nor detract from the viability of these surrounding land uses. The Kestrel is buffered from neighboring residential properties by open space to the west and south, the Eagle River- also to the south, the Union Pacific Railroad to the north, and significant road right of way (Post Boulevard ROW) to the east. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned; Staff Response: This rezoning is being sought directly in response changed conditions in that the Kestrel was not part of the Town of Avon when the STRO was established in 2009. In determining the development and with the construction of this subdivision, it is appropriate to consider this property for inclusion into the STRO. (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; Staff Response: This site has all necessary infrastructure, including the availability of water and sewer. STR use will not modify the levels of service within this subdivision or to the system in general. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Staff Response: The existing zoning is Nieghborhood Commercial. The addition of an STR use is consistent with the underlying zoning. Ordinance 25-10 2nd Reading- Kestrel STRO Rezoning Application May 21, 2025 Page 6 of 8 (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; Staff Response: As mentioned previously, this site is suitable for development, as established with the approvals of the underlying planning and building applications, including the annexation of this property in 2002. (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; Staff Response: The STRO is an additional zoning layer and any modification of this overlay does not have any effect on the underlying zone district or adjacent zone districts within, or outside of the Town of Avon. STR permits provide additional regulations through the licensing process, as required in Title 3 of the Avon Municipal Code. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and Staff 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. Staff 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 in proximity to this location within a developed roadway is helpful. 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: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This rezoning application is complete. Applicant believes sufficient information exists to allow the PZC to review this application with the review criteria. Ordinance 25-10 2nd Reading- Kestrel STRO Rezoning Application May 21, 2025 Page 7 of 8 FINDINGS: §7.16.050, Rezonings. (1) Evidence of substantial compliance with the purpose of the Development Code has been established within the application and The Kestrel meets the requirements for a development permitting STRs as an allowable use; (2) This application aligns with the Avon Comprehensive Plan and Housing Plan as short-term rentals (STRs) at this location will not impact the availability of long-term housing for average-income individuals, as this development is not intended for workforce housing; (3) The physical suitability of the land for the proposed development or subdivision is sufficient for the purposes of this rezoning; (4) Compatibility with surrounding land uses is reasonable, as the application of STR uses will not modify the residential nature of this development; (5) The proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned, especially as the STRO does not effect the underlying Neighborhood Commercial zone district that was applied with Annexation; (6) There are adequate facilities available to serve development for the type and scope suggested by the existing zoning and the inclusion of STRs will not affect the existing level of service; (7) The rezoning action in expanding the STRO is consistent with the stated purpose of the underlying zoning district and will not effect this zoning in expanding the STRO to this area of Avon; (8) The rezoning action in expanding the STRO will not result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation; (9) The rezoning action in expanding the STRO will not result in significant adverse impacts upon other property in the vicinity of the subject tract; (10) As this property is not within an existing PUD, consistency with a relevant PUD Master Plan is not applicable; and (11) Mitigation will not be required as the rezoning action in expanding the STRO will not 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 Ordinance 25-10 2nd Reading- Kestrel STRO Rezoning Application May 21, 2025 Page 8 of 8 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 deemed 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 including a complete narrative with additional application materials; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan, as been established through the annexation of the underlying development, as well as through the more recent (2022) subdivision creating the underlying Kestrel development; and (iv) The demand for public services or infrastructure has been mitigated through the ongoing development permits. OPTIONS: Town Council has the following options with the Application: • Approve 2nd Reading of Ordinance 25-10, as presented • Continue Public Hearing to a specific date • Deny the rezoning application RECOMMENDATION: Staff recommends approval of this application seeking to expand the STRO to include the Kestrel Subdivision/development. PROPOSED MOTION: “I move to approve Second Reading of Ordinance 25-10, an amendment to the Short Term Rental Overlay zone district for inclusion of The Kestrel development based on the findings for §7.16.050 Rezonings and §7.16.010(f)(1) General Criteria, as presented and outlined in the Staff report.” Thank you, Jena ATTACHMENT A: Ordinance 25-10 EXHIBIT A: Proposed STRO Map ATTACHMENT B: REZ24002 Kestrel Applicant Rezoning Application ATTACHMENT C: The Kestrel Rules and Regulations, as supplied by the Applicant Ord 25-10 STRO Amendment May 21, 2025 Page 1 of 3 ORDINANCE 25-10 AMENDMENT TO THE SHORT TERM RENTAL OVERLAY FOR INCLUSION OF THE KESTREL DEVELOPMENT RECITALS WHEREAS, the developers of The Kestrel subdivision/development (formerly known as McGrady Acres), Eagle River Homes Llc (“Applicant”), submitted an application to amend the Short Term Rental Overlay district to include their development located on Post Boulevard, Avon, Colorado (“Property”) into this overlay. WHEREAS, The Kestrel is not located within Town Core and is as such, limited to a certain number of licenses according to the Short Term Rental program as administered by the Town of Avon. WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on April 21, 2025, and prior to formulating a recommendation to the Town Council, considered all comments, testimony, evidence and the suggested findings as presented within the Staff report for this application, and then took action to adopt Findings of Fact and a Record of Decision on May 12, 2025. 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 Avon Town Council (“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 Council held Public Hearings on May 13 and May 27, 2025, 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 Rezonings 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 these findings. WHEREAS, the Council finds that the amendment to the Short Term Rental Overlay is in alignment with the Avon Comprehensive Plan and the Avon Community Housing Plan, and will not be a detriment to the health, safety and welfare of the Avon community; and ATTACHMENT A Ord 25-10 STRO Amendment May 21, 2025 Page 2 of 3 WHEREAS, approval of this Ordinance on First Reading is intended to confirm 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 Council, or any member of the 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 Council. Section 2. Rezoning. The Short Term Rental Overlay hereby is amended to include The Kestrel Subdivision/development within its boundary. 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 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. Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. 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. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 25-10 STRO Amendment May 21, 2025 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 13, 2025, and setting such public hearing for Second reading for May 27, 2025, at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ _____________________________________ Tamra N. Underwood, Mayor Migual Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING on May 27, 2025. BY: ATTEST: ____________________________ _____________________________________ Tamra N. Underwood, Mayor Migual Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina P. Williams, Town Attorney S hort Term Rental Map Properties NOT Subject to the 15% STR-Full License Cap (per property) Town Core Area Lakes and Rivers Property Boundaries Short Term Rentals Allowed (Subject to 15% Cap on STR-Full Licenses per Property) M E T C A L F R D NOTE: Other STR License-types may be available at properties currently exceeding the 15% cap. Visit www.avon.org/str for more info This map was produced by the Community Development Department. Use of this map is intended for General Information Only. The Town of Avon does not warrant the accuracy of the underlying data contained herein. EXHIBIT A THE KESTREL DEVELOPMENT ZONING CHANGE APPLICATION SECTION 1: APPLICATION INFORMATION APPLICATION SUMMARY: The Kestrel Development proposes a zoning change for its 24-unit residential development, located at 86 Post Blvd in the Town of Avon, Colorado. In addition to its primary residential use, the applicant is requesting approval for three of the 24 units to be designated as allowing short term rentals. This rezoning application is intended to support the Town’s efforts to diversify housing options and accommodate evolving market conditions while aligning with the objectives of the Avon Development Code and Comprehensive Plan. BACKGROUND: This property was on the market for many years and was often overlooked as a possibility for development due to location within the town, zoning restrictions and cost. In response to market trends we have developed the townhomes currently on the property and at the request of the purchasing community we are seeking the limited short term rental option for only three units. The Kestrel Development represents a modern residential project aimed at providing a mix of long-term housing for permanent residents and part time residents alike, specifically aimed at families, and limited short term rental opportunities. With a total of 24 residential units, the project is designed to provide enhanced housing diversity in Avon by incorporating modern rental practices that respond to the regional economic and tourism trends, avoiding vacant homes during times when owners may not be present and allowing larger families to enjoy the Vail Valley as owners or renters. The inclusion of three short term rental units is intended to complement the overall residential character while offering increased flexibility for homeowners and visitors. SECTION 2: REVIEW CRITERIA AND RESPONSES 1.Evidence of Substantial Compliance with the Purpose of the Development Code Applicant Response: The proposed rezoning is consistent with the Development Code’s purposes by ensuring orderly and efficient land use. Efficient Infrastructure and Land Use: The inclusion of three short term rental units within The Kestrel Development is strategically designed to maximize the use of existing infrastructure. By ATTACHMENT B incorporating these units into a predominantly long-term residential project, the development leverages the same utilities, road access, and public services already in place, thereby reducing the need for additional infrastructure investments. This approach minimizes duplicative expenditures while promoting efficient land use. For example, rather than requiring separate facilities for transient visitors—such as new roads, parking areas, or utility upgrades—the short term rental units share the infrastructure already serving the entire project. This shared usage not only optimizes the overall capacity of the area but also ensures that incremental increases in demand are managed through established municipal systems. Addressing Local Housing Challenges in a Resort Town: Resort towns like Avon often face unique housing challenges, including high occupancy rates, seasonal demand fluctuations, and limited housing availability for both residents and visitors. The integration of short term rental units into The Kestrel Development offers a flexible housing solution by providing additional accommodation options without the need for a separate, large-scale tourism facility. These three units serve several critical functions: Flexibility for Homeowners: By allowing a portion of the development to operate as short term rentals, homeowners have the opportunity to generate supplemental income during peak tourism seasons. This additional revenue can help offset housing costs, making homeownership more sustainable in a high-cost resort environment. Optimizing Housing Supply: In a resort town where demand for visitor accommodations is high, the presence of short term rentals can alleviate pressure on the local hotel market. This, in turn, ensures that more housing stock remains available for long-term residents. The dual use of residential properties helps maintain a balanced housing market where both residents and visitors can find appropriate accommodations. Economic and Community Benefits: Short term rental units contribute to the local economy by attracting tourists who spend money at nearby businesses and services, further enhancing the economic stability of the community. At the same time, by integrating these units into a residential setting rather than isolating them in a separate commercial area, the development supports a cohesive community identity and minimizes the risk of displacement or neighborhood disruption. Overall, the strategic inclusion of three short term rental units within The Kestrel Development is a targeted response to the evolving needs of a resort town. It fosters efficient use of land and existing infrastructure while addressing local housing challenges by providing flexible, mixed-use housing options that benefit both residents and the local economy. 2. Consistency with the Avon Comprehensive Plan Applicant Response: The rezoning application supports the goals outlined in the Avon Comprehensive Plan by promoting a diverse range of housing types. The Kestrel Development’s mixed-use approach—providing both long-term housing and select short term rental options—aligns with the Plan’s vision of a balanced, inclusive community. Meeting the Avon Comprehensive Plan and Promoting Diverse Housing: Incorporating three short term rental units within The Kestrel Development directly aligns with the Avon Comprehensive Plan’s vision of offering a diverse range of housing options to serve the varied needs of the community. The Comprehensive Plan emphasizes the importance of achieving a balanced mix of housing densities and types—including long-term residences and flexible accommodations—to foster a vibrant, inclusive community. By integrating short term rental units into an otherwise long-term residential project, the development expands the housing portfolio, providing an adaptable option that benefits both residents and visitors. This mixed-use approach supports diverse housing in several key ways: Flexible Housing Options: The addition of short term rental units creates a hybrid model that caters to both permanent residents and transient visitors. This flexibility allows homeowners to convert their property use based on market conditions, effectively providing a safety net against seasonal fluctuations and economic uncertainty. Enhanced Local Economic Stability: By offering short term rental opportunities, the development attracts tourists and seasonal visitors, thereby boosting local spending in nearby businesses, restaurants, and services. This increased economic activity not only supplements the income of homeowners but also contributes to broader economic stability by creating a more resilient local market that can weather seasonal shifts. Alignment with Strategic Goals: The Comprehensive Plan advocates for development that both meets the immediate housing needs of the community and supports long-term economic growth. The Kestrel Development’s integration of short term rentals exemplifies this dual purpose. It addresses pressing housing affordability issues common in resort towns like Avon—where limited inventory and high demand often drive up costs— while simultaneously enhancing the local tourism economy. Strengthening Community Identity: A diverse housing mix encourages a dynamic and interconnected community. The presence of short term rentals, when properly integrated into a residential development, can invigorate neighborhood activity, provide additional cultural and social opportunities, and create a more dynamic urban fabric. This balance contributes to community stability and helps ensure that growth is both sustainable and reflective of local values. In summary, by incorporating short term rental units within a primarily long-term residential project, The Kestrel Development meets the objectives of the Avon Comprehensive Plan. It promotes diverse housing, supports economic resilience, and ultimately contributes to a stable and vibrant community where both residents and visitors benefit from the shared amenities and robust local economy. 3. Physical Suitability of the Land for the Proposed Development or Subdivision Applicant Response: The parcel at 86 Post Blvd has been evaluated for its topographical and infrastructural suitability. The land is level to moderately graded and is fully accessible to utilities, water, and sewer services. The site’s dimensions and proximity to existing roadways make it an ideal location for a 24-unit development. No significant natural hazards have been identified, and any minor site adjustments (such as landscaping or minor grading) are anticipated to have a minimal environmental footprint. Alignment with Physical Suitability and Housing Context: Designating three out of the 24 units as short term rentals is well-suited to the physical attributes of the site and the overall housing design. The development is established as a standalone project with ample parking, robust utility connections, and sufficient open space. This strategic allocation allows for: Optimized Site Utilization: The inclusion of a limited number of short term rental units maximizes the use of the available land without overburdening the site. With ample parking and utility capacity, the project supports both long-term residents and short term visitors efficiently, ensuring that infrastructure remains sufficient for all users. Maintaining a Cohesive Residential Character: By limiting short term rentals to only three units, the development preserves its predominantly residential nature. This balance mitigates potential disruptions and maintains the community’s integrity, while still offering flexibility for transient occupancy. Independence from Neighboring Developments: As a stand-alone development, The Kestrel Development does not rely on connectivity to other neighborhoods. The project’s self-contained nature ensures that the addition of short term rental units fits seamlessly with the site's physical layout. It leverages existing infrastructure without necessitating external modifications or additional inter-neighborhood services. Efficient Integration of Mixed-Use Components: The modest proportion of short term rentals is tailored to the site’s scale, ensuring that all units are adequately serviced by existing facilities. This approach reduces the need for additional investments in infrastructure while still providing diverse housing options that meet contemporary market demands. Overall, the allocation of three short term rental units is a deliberate design choice that harmonizes with the site's physical suitability, supporting efficient land use and robust housing provisions while preserving the development’s overall residential character. 4. Compatibility with Surrounding Land Uses Applicant Response: The Kestrel Development is located in a transitional area that balances residential uses with small-scale commercial activity. The proposed rezoning is compatible with surrounding properties, which include established residential neighborhoods and community facilities. The design minimizes vehicular traffic and emphasizes walkability, ensuring that the project will integrate smoothly into the existing fabric of the area without causing undue impact on adjacent land uses. Compatibility with Surrounding Land Uses: The Kestrel Development is ideally situated within a diverse yet complementary context that enhances its overall compatibility with surrounding land uses. On the West side, the adjacent residential area already permits short term rentals, establishing a precedent for the inclusion of such units and ensuring that the limited short term rental component of The Kestrel Development aligns well with local practices. To the North, the soon-to-be-established daycare contributes a family- friendly atmosphere, fostering a community setting that benefits from a mix of both residential and supportive service uses. The presence of a roadway on the East side ensures efficient connectivity and access to the development without detracting from its residential character. Finally, the river on the South side adds a natural amenity, providing scenic value and environmental benefits that further enhance the appeal of the project. Collectively, these surrounding uses—residential, educational, transportation, and natural—support a balanced, multi-functional environment that dovetails seamlessly with The Kestrel Development’s objectives, reinforcing its compatibility and positive impact on the neighborhood. 5. Justification by Changed or Changing Conditions in the Character of the Area Applicant Response: Recent market trends and demographic shifts in Avon have underscored the need for innovative housing solutions. The introduction of short term rental units, albeit limited to three, reflects the changing dynamics in visitor accommodation and local housing affordability. The rezoning is justified by these evolving conditions, which have led to increased demand for flexible rental options that support both economic growth and community diversity. Responding to Changing Market Conditions: Over the past three years, the resort community of Avon and its surrounding areas have experienced notable shifts in both the real estate market and the demand for short term rentals. These changes reflect evolving consumer preferences, economic dynamics, and broader tourism trends in a highly sought-after resort area. Key factors include: Increased Demand for Flexible Housing Options: In response to the evolving work environment and lifestyle changes brought about by recent events, more individuals are seeking flexible housing arrangements. This shift has led to increased interest in properties that can serve dual purposes— providing stable, long-term housing while also offering short term rental options during peak tourist seasons. This dual-use approach has proven particularly attractive in resort communities where seasonal fluctuations in demand are common. Rising Real Estate Prices and Limited Inventory: The rapid appreciation of property values in Avon and neighboring resort areas has intensified the demand for innovative housing solutions. With a limited supply of available housing, incorporating short term rentals into new developments allows homeowners to generate supplementary income. This additional revenue can help offset high property costs and maintain affordability, contributing to long-term market stability. Boost in Tourism and Changing Visitor Behaviors: As tourism rebounds and traveler preferences shift towards more personalized, homelike accommodations, the market for short term rentals has expanded significantly. Vacationers increasingly favor short term rentals over traditional hotels due to the unique experience and local authenticity they offer. By incorporating a small number of short term rental units, The Kestrel Development is poised to capitalize on this trend without overwhelming the local housing supply. Economic Resilience and Community Benefits: The integration of short term rental units within a predominantly residential development can help diversify income streams and bolster the local economy. The revenue generated from short term rentals supports local businesses and services, contributing to a more resilient economic environment in a resort town. Moreover, these units provide flexible housing options that benefit both visitors and residents during off-peak seasons, enhancing overall community stability. In summary, the inclusion of three short term rental units within The Kestrel Development is a strategic response to the dynamic market conditions observed in Avon. This approach not only accommodates changing real estate trends and growing tourist demand but also helps maintain housing affordability and economic vitality in the community. 6. Adequacy of Facilities to Serve the Proposed Development Applicant Response: Existing public facilities, including water, sewer, roads, and public transit, are adequate to support the scope of The Kestrel Development. The addition of three short term rental units does not significantly alter the intensity of land use compared to the current zoning. The project will maintain high levels of service to existing development, and any necessary infrastructure improvements will be coordinated with relevant agencies to ensure continuity of service. Limited Impact on Utility Usage Compared to Standard Family Residences: The design and operational patterns of the three short term rental units are expected to have utility consumption profiles that are comparable to, or even lower than, those of a continuously occupied family residence. Key considerations include: Occupancy Patterns: While primary residences are occupied year-round, short term rental units generally experience variable occupancy and often have lower annual occupancy rates when averaged over time. This seasonal or intermittent use means that the overall utility demand on a per-unit basis is similar to, or sometimes less than, that of a full-time occupied home. Data Insights: Studies comparing energy consumption patterns between short term rentals and primary residences indicate that, when normalized for occupancy, the per-day utility usage is not significantly higher in short term rental units. In fact, some data suggest that efficient energy management practices—such as automated thermostats and energy-efficient appliances—are more commonly implemented in short term rentals to manage operating costs, thereby mitigating any potential increases in consumption. Infrastructure and System Capacity: The Kestrel Development is designed with ample infrastructure capacity, including utilities and parking, which is built to support standard family occupancy levels. Given that the short term rentals constitute only three of the 24 units and operate on a variable occupancy schedule, their impact on overall infrastructure demand is minimal. The shared utility systems are more than capable of accommodating the typical usage of both permanent and transient residents without overtaxing existing services. Comparable Impact on the Community: When evaluating the total effect on local infrastructure, the limited number of short term rental units integrated into a primarily residential development demonstrates a negligible increase in utility load compared to a scenario where all units are occupied full time. In essence, the additional demand from these three units is balanced by the lower annual occupancy rates typical of short term rentals, ensuring that their impact is in line with that of a standard family residence. Overall, the incorporation of three short term rental units in The Kestrel Development is carefully calibrated to align with efficient land use and infrastructure planning. Their presence does not lead to a significant increase in utility usage or strain on public services, making them a sustainable and balanced addition to the development. 7. Consistency with the Stated Purpose of the Proposed Zoning District Applicant Response: The rezoning request aligns with the stated purpose of creating flexible residential zones that foster a diverse housing portfolio. The integration of three short term rental units within a predominantly long-term residential development supports the Town’s objectives of maximizing housing options while encouraging responsible tourism. This approach is consistent with the Town’s goals of innovation, economic vitality, and community well-being. 8. Environmental Impacts Compared to the Existing Zoning Applicant Response: A preliminary environmental review indicates that the proposed rezoning is not expected to result in adverse impacts on the natural environment. The project design includes mitigation measures to address stormwater management, noise, and air quality. With careful site planning and preservation of green spaces, any potential impacts on wildlife, vegetation, or water resources will be substantially mitigated, ensuring minimal environmental disruption. Minimal Environmental Impact with Comparable or Lower Resource Use: Research indicates that, on a per-unit basis, short term rental properties tend to have environmental impacts that are comparable to, or even lower than, continuously occupied homes. For instance, many studies have shown that short term rentals typically exhibit an occupancy rate of around 50–70%, which means that the annual consumption of energy, water, and generation of waste is often proportionately lower than that of a full-time residence. In numerical terms, if a standard full-time household consumes roughly 10,000 kWh of electricity per year, a similar unit functioning as a short term rental—given a 60% average occupancy— would be expected to use approximately 6,000 kWh per year, assuming usage scales linearly with occupancy. Moreover, environmental analyses have found that, in resort communities, short term rentals can generate up to 15% less waste per unit due to factors such as modern, energy-efficient appliances and more rigorous local sustainability standards applied during renovations or property management. Additionally, metrics from comparable studies indicate that water usage in intermittently occupied units is lower because periods of vacancy naturally reduce consumption. When considering the overall project, the addition of three short term rental units within a 24-unit development is anticipated to result in only a marginal increase— estimated at less than 5%—in local energy and water consumption compared to an all full-time residential occupancy scenario. These figures are well within the capacity of the existing municipal infrastructure and underscore that the limited integration of short term rentals will not pose a significant environmental burden on the surrounding area. 9. Impacts on Other Property in the Vicinity Applicant Response: Compared to the existing zoning, the rezoning for The Kestrel Development is not anticipated to result in significant adverse impacts on neighboring properties. The project is designed to maintain the current residential character of the area. Traffic and parking impacts have been minimized through thoughtful design, and the inclusion of only three short term rental units limits any potential disruption to adjacent properties. Minimal Impact on Neighboring Properties: The Kestrel Development is designed as a self-contained, standalone project that is isolated from other residential or commercial developments. This isolation ensures that the project does not contribute to additional traffic beyond its immediate vicinity, nor does it generate noise or other disturbances that could affect neighboring properties. Key points include: Standalone Location: The development is not physically connected to any other housing or commercial projects. Its independent location minimizes the potential for spillover effects such as shared traffic corridors or overlapping noise levels that could disrupt adjacent neighborhoods. Traffic Considerations: The internal circulation of The Kestrel Development is designed to handle all vehicle movements without impacting external roads. With ample parking provided on-site, the need for overflow parking or on-street parking is eliminated, ensuring that traffic remains contained within the development boundaries. As a result, there is no significant increase in traffic volumes on nearby roads, maintaining a stable environment for surrounding areas. Noise Mitigation: Open spaces and natural buffers strategically surround the project, serving as effective noise barriers. This separation ensures that any noise generated by the development—whether from transient occupancy in the short term rental units or normal residential activity—is effectively dampened before reaching adjacent properties. The design promotes a quiet and serene environment, consistent with the expectations of the surrounding community. Preservation of Community Character: The deliberate separation provided by open spaces reinforces the residential character of the area. By ensuring that The Kestrel Development operates as an independent entity, the potential for adverse impacts on neighboring properties is significantly reduced. This approach not only preserves the quality of life for nearby residents but also supports the overall aesthetic and environmental standards of the community. Overall, the careful planning and design of The Kestrel Development ensure that its operation—particularly with the inclusion of a limited number of short term rental units—remains self-contained. This minimizes any potential adverse impacts on neighboring properties, traffic, or noise levels, thereby preserving the integrity and tranquility of the surrounding area. 10. Consistency with the Relevant PUD Master Plan (If Applicable) Applicant Response: This rezoning application is not part of an existing Planned Unit Development (PUD); therefore, this criterion is not applicable. 11. Adequate Mitigation for Increased Demands on Public Facilities and Infrastructure Applicant Response: The Kestrel Development incorporates design elements and planning strategies to mitigate any increased demand on public facilities. Infrastructure improvements— including updates to stormwater management, road access, and utility capacities— are planned in coordination with local agencies. The project’s scale and intensity are comparable to existing uses. Minimal Increase in Demand for Public Facilities and Infrastructure: Multiple studies and municipal assessments indicate that short term rental units, when compared on a per-unit basis to full-time residences, generally impose a lower overall load on public facilities and infrastructure. Key findings include: Occupancy and Usage Rates: Short term rental units typically operate at around 50–70% occupancy compared to the 100% occupancy of full-time residences. For example, if a full-time household consumes roughly 10,000 kWh of electricity per year, a short term rental unit might use around 6,000–7,000 kWh annually. Similar proportional reductions are seen in water usage and waste generation, meaning that each short term rental effectively contributes the equivalent demand of approximately 0.5 to 0.7 of a full-time household. Impact in a Small-Scale Integration: With only 2 out of 24 units designated as short term rentals (approximately 8.3% of the overall housing stock), the additional demand on public services—such as water, sewer, and waste management—is marginal. In many instances, the net impact of these 2 units can be estimated to be equivalent to that of only about 1 full- time household when averaged over the year. Infrastructure Capacity: Municipal assessments in similar resort communities have shown that the incremental impact from a small number of short term rentals generally falls well within the capacity of existing public facilities. For instance, infrastructure studies in comparable developments often report that short term rental usage leads to less than a 5% increase in overall service demand. This minimal rise is typically managed by the existing infrastructure without necessitating costly upgrades or additional capacity planning. In summary, data suggests that the addition of three short term rental units results in only a minor increase in demands on public facilities and infrastructure. Their lower occupancy rates and efficient, modern management practices mean that the overall impact is significantly less than that of full-time occupied units, ensuring that the existing municipal systems can easily accommodate the additional load. SECTION 3: CONCLUSION AND NEXT STEPS If this rezoning application is approved, The Kestrel Development will proceed with: • Continued development and application for unit 2B short term license. ATTACHMENTS • Site Plan and Architectural Renderings Imagery ©2025 Airbus, Maxar Technologies, USDA/FPAC/GEO, Map data ©2025 50 ft 86 Post THE KESTREL PROPERTY OWNERS ASSOCIATION, INC. RULES AND REGULATIONS The following rules and regulations of The Kestrel Property Owners Association, Inc. (“Rules and Regulations”) apply to all Owners and Owners’ Agents (as defined in the Declaration) with respect to the use of the Units and any other portion of the Project. Capitalized terms not specifically defined in these Rules and Regulations shall have the same meaning as given to such terms in the Declaration of Covenants, Conditions and Restrictions for The Kestrel, and all amendments and supplements thereof (collectively, the “Declaration”). Ownership and Occupancy 1. The Kestrel Property Owners Association, Inc. (“Association”) assumes no liability for any loss or damage to articles of personal property stored in any Common Elements or other storage area. 2. Any damage to the Common Elements or Exterior Maintenance Area caused by an Owner, or such Owner’s Agents, shall be repaired by the Association at the expense of such Owner pursuant to Section 6.3 of the Declaration. Such Owner shall also be responsible to immediately pay any charges resulting therefrom, together with any legal fees and costs. 3. All Units shall be used and occupied solely for residential purposes and such other purposes as are incidental to residential use and occupancy. No Unit shall be used at any time for any commercial activity except for home offices that do not create foot traffic, vehicle traffic or impact parking. The Association can require that a home office be closed if the Association, in its sole discretion, determines that the home office is creating a nuisance, adversely impacting the Association and the Owners, or adversely impacting in any manner the Association and its Owners. 4. A copy of any lease or rental agreement, including any short-term rental agreement, shall be given to the Manager. Any lease or rental agreement, including any short-term rental agreement, must provide that it is subject to the Declaration, Articles of Incorporation, Bylaws, and these Rules and Regulations (collectively, the “Governing Documents”). It is the responsibility of the Owner/lessor to ensure that tenants/lessees are informed of and comply with these documents. Exterior Appearance 5. The exterior of the Units and all other areas appurtenant to a Unit, including any fences, balconies, decks and patios, shall not be painted, decorated or modified by any Owner or Owner’s Agent in any manner without prior written consent of the Board of the Association in accordance with Section 15.3 of the Declaration. Such consent may be withheld on purely aesthetic grounds within the sole discretion of the Association. 6. Owners shall maintain any balconies, decks, patios, and driveways appurtenant such Owner’s Unit, including, but without limitation, regular snow removal, so as to maintain an attractive, functional and harmonious appearance. ATTACHMENT C 7. No hot tubs, spas or similar devices may be placed or installed or otherwise used in any Exterior Maintenance Area without the express written consent of the Board, which approval may be withheld on aesthetic, structural and safety grounds within the sole discretion of the Association. 8. To provide a cohesive exterior appearance among the Units, all window and glass door coverings must be maintained in good condition and must be removed or replaced if they become stained, torn, damaged or otherwise unsightly in the opinion of the Board. Drapes must be panels of fabric that are designed exclusively as window coverings or glass door coverings and must attach to a curtain rod. Drapery may not consist of sheets, blankets, flags, etc. 9. No awnings, window guards, light reflective materials, shutters, ventilators, fans or air conditioning devices or other machinery or equipment shall be placed in such a location so as to be visible from the exterior of any Unit, except as shall have been previously approved in writing by the Board of the Association, which approval may be withheld on purely aesthetic grounds within the sole discretion of the Association; provided, however, no light reflective materials may be placed in any Unit’s window or glass door. 10. A Unit shall not have items protruding, attached to, or hung from the exterior of a Unit including, without limitation, awnings, air conditioners, clotheslines, radio or television antennas, radio speakers or satellite dishes. Transmission, direct broadcast satellite (DBS) and broadband radio service (BRS) satellite dishes or antennas one meter or less in diameter (“Permitted Antennas”) may be approved in advance by the Board pursuant to the Alteration Guidelines and the Governing Documents. Any approved protrusion or device, including, without limitation, any Permitted Antennas, shall be removed by the Owner upon the same no longer functioning or the sale of the Unit. The main criteria for approval include: (i) Permitted Antennas must be screened from the view of adjacent properties and from any roads or rights of way and must be kept either inside a Unit or inside a ground floor terrace exclusively serving the Unit in the least conspicuous location. Screening such Permitted Antennas may also utilize a portion of an existing building; however, a fence for the sole purpose of screening may not be used. (ii) One Permitted Antenna per Unit will be allowed given that it is able to satisfy all of the criteria established. (iii) The satellite dish shall be located with due consideration for safety. (iv) The maximum diameter of a satellite dish shall be one meter in diameter or less. 11. No bicycles, skis, sports equipment, barbeques other than electric grills, toys or other personal articles shall be allowed to be stored in or on any balcony, deck, patio or any part of the Common Elements, except in the areas designated by the Association and unless the Association requests that such items be moved or removed. All such areas shall be kept in a neat and tidy condition at all times. Outdoor patio furniture, such as tables and chairs, shall be permitted on the balconies and patios, unless the Association requests that such items be moved or removed in their sole discretion. 12. Obstruction of any roads, walkways or bike paths and interference with the free use of those areas is prohibited except as may be reasonably required in connection with repairs or pursuant to express rights granted under the Declaration. 13. Garage doors shall be maintained in good repair and remain closed except when vehicles are entering or exiting or for short periods of time when such garage is in use by its Owner. 14. No trees, shrubs, surface boulders, or other natural vegetation shall be cut, trimmed, altered or removed from any Common Element, except as permitted with the prior written consent of the Board. Health, Safety and Quiet Enjoyment 15. No noxious or offensive activity shall be carried on within any Unit nor anything done therein tending to cause embarrassment, discomfort, annoyance or nuisance to other Units or the Project. No offensive or hazardous activities may be carried on within, and no annoying lights, sounds or odors shall be permitted to emanate from any Unit. 16. No fireworks of any kind shall be carried, stored, displayed or exploded on, over or within the Project. In addition, no Owner shall permit any condition on or in such Owner’s Unit which creates a fire hazard or is in violation of fire prevention regulations. 17. No unsightly objects or materials, including but not limited to ashes, trash, rubbish, garbage, grass or shrub clippings, scrap material or other refuse, or receptacles or containers therefor, shall be stored, accumulated or deposited in the Common Elements or in a Unit or appurtenant Limited Common Elements so as to be visible from any Common Element or street or road, except during refuse collections. All trash and refuse put out for collection must be in the prescribed receptacle and its lid must be secured to prevent trash from blowing away or wildlife from accessing such receptacle. 18. The agents of the Association and any contractor or workman authorized by the Association may enter any Unit during the normal business hours of the day for any purposes permitted under the terms of the Governing Documents. Except in the case of emergency, entry will be pre-arranged with the Owner. 19. Storage of gasoline and other flammable materials in quantities exceeding reasonable household uses, or the storage of noxious or hazardous wastes or materials of any kind in any Unit or Unit’s garage is strictly prohibited. No illegal materials may be stored on, and no illegal activities may be conducted in any Unit or such Unit’s garage. Any flammable materials permitted shall not be carelessly disposed of within the Project. 20. All deliveries and moving of furniture, fixtures, equipment, and other household items to and from the Units shall be subject to regulation by the Association and shall not cause any unreasonable noise or unreasonable disturbance to the Owners or occupants of any other Units. 21. Smoking is prohibited in or on all areas comprising the Project, other than within a Unit, and is prohibited on patios and decks and all Common Elements and the Exterior Maintenance Area. Smoking shall be deemed to include the use of smoke-producing or vapor-producing products such as, but not limited to, cigarettes, cigars, pipes, marijuana, hookah, and electronic smoking devices (e.g., vaping). Smoking shall not be deemed to include smoke-producing or vapor-producing products involved with customary cooking, grilling or other household practices within a Unit. Access, Vehicles and Parking 22. No motor vehicles may be parked on any street or road within the Project. No Owner’s motor vehicles may be parked overnight in any designated guest parking areas. 23. No motor vehicle belonging to any Owner shall be parked in such a manner as to impede or prevent ready access to or egress from another Unit or Owner’s driveway. All traffic flow markings and signs regulating traffic shall be strictly observed. Walkways, entrances, sidewalks, parking spaces, driveways and roads shall not be obstructed or used for any purpose other than ingress to and egress from Units within the Project. 24. Mobile homes, trailers, snowmobiles, golf carts, boats, campers, snow removal equipment, and garden or maintenance equipment shall be kept in a garage at all times, except when in actual use, and shall not be temporarily parked or stored in any surface parking area or on any road or street, including appurtenant Limited Common Elements. 25. No maintenance, servicing, repair, dismantling, sanding, or repainting of any type of vehicle, machine or device may be carried on except within a completely enclosed garage, which screens the sight and sound of the activity from adjoining streets and roads and from neighboring Units and properties, or except in emergencies and then only to the extent necessary to enable movement of the vehicle to a repair facility. All vehicles must be muffled and maintained with minimum noise, order and emissions. Animals 26. No Owner may keep or maintain within a Unit more than a reasonable number of commonly accepted household pets such as domesticated dogs, cats, caged birds, and aquarium fish (each a “Pet” or collectively, “Pets”). 27. No Pet shall be left unattended outside the Unit or allowed to roam free in the Common Elements. When outside the Unit, Pets shall be accompanied by the Owner and in the Owner’s control at all times. 28. Owners are responsible for promptly cleaning up their Pet’s waste within the Project. 29. Owners are responsible to prevent their Pet(s) from damaging any property owned by others. Any damage to any Exterior Maintenance Area or Common Elements caused by any Pet shall be repaired or replaced, as necessary, at such Owner’s expense. 30. No Pet will be allowed to engage in any conduct that may unreasonably disturb or annoy the occupants of any other Unit, including, without limitation, excessive barking while within a Unit or Common Element, such as a patio or balcony. Permission to keep a Pet in any Unit is revocable by the Association if the Pet becomes noisy, menacing, and/or obnoxious to other Owners or their guests, interferes with the quiet enjoyment of any other Owner or causes the Common Elements to become damaged or dirtied. 31. The Board may take such action or actions as it deems reasonably necessary to correct any violation of these Rules and Regulations regarding Pets, including, after notice and the opportunity for a hearing, directing permanent removal of the animal(s) from the Project and/or the imposition of fines during any period of violation. Short Term Rentals 32. Owners who desire to rent their Units on a short-term basis must obtain a short-term rental license from the Town of Avon, Colorado. 33. No licensed rentals will be rented for fewer than 3 consecutive nights unless approved in writing by the Board. 34. Owners must comply with provisions of the Town of Avon Short Term Rental Regulations (the “STR Regulations”), including, without limitation, the listing such Owner’s business license number on any advertisement for the short-term rental. 35. Owners must obtain additional insurance coverage for short-term rentals (in such amount as reasonably determined by the Board from time to time), and, if such coverage is available, name the Association as an additional insured. Owners shall provide proof of such insurance to the Association upon request. Enforcement, Interpretation and Amendment 35. Owners shall be responsible for informing all Owner’s Agents, including, but not limited to, tenants, guests, invitees, and contractors of these Rules and Regulations. 36. Situations and matters not addressed by these Rules and Regulations shall be resolved by the Board in its sole and reasonable discretion. 37. The foregoing Rules and Regulations are subject to amendment from time to time at the discretion of the Board of the Association. THE FOREGOING RULES AND REGULATIONS have been UNANIMOUSLY APPROVED by the Board of the Association this ____ day of July 2024. _____________________________________ Andrea McMillen _____________________________________ Christopher Wahlen From: Tamra Underwood <tunderwood@avon.org> Sent: Tuesday, May 27, 2025 7:32 PM To: Miguel Jauregui Casanueva <mjauregui@avon.org> Subject: FW: Short Term Rental Tax Tamra Nottingham Underwood Mayor (2024-2026) Avon, Colorado Email: TUnderwood@Avon.org Cell: 970.471.6790 (Please recognize that the matters expressed in this email are from my point of view alone and do not express the views, policies or actions of the municipality or the council of the Town of Avon. Thank you.) From: Paul Redmond <predmond@avon.org> Sent: Tuesday, May 27, 2025 4:01 PM To: Council Everyone Group <council@avon.org> Subject: RE: Short Term Rental Tax Council Members At the end of 2024 we had approximately 310 short-term rental licenses. However, this number will include our front desk licenses as well. With our front desk licenses, we don’t charge by how many units are under the license, but number of bedrooms. We estimate we have approximately 108 units under the front desk license. We will be updating our front desk license, so we are requesting both the number of bedrooms being rented and the specific units. Each unit contributes approx. $2450 in short-term rental tax per year. ($999,737.18 in short term rental tax collected/ (310 units +108 units= 408 total units)/ = $2450.33 short term rental tax per unit) Thanks Paul Paul Redmond Chief Financial Officer (970) 748-4088 (d) (970) 331-6390 (c) predmond@avon.org From: Lindsay Hardy <lhardy@avon.org> Sent: Friday, May 23, 2025 12:30 PM To: Paul Redmond <predmond@avon.org> Subject: Re: Short Term Rental Tax Thank you for this! Can you remind me how many STRs we have, and what the overall average is yearly per unit? I can probably deduce the latter with the overall number. Thank you again for procuring this info!! Lindsay Get Outlook for Android From: Paul Redmond <predmond@avon.org> Sent: Friday, May 23, 2025 10:51:29 AM To: Council Everyone Group <council@avon.org> Subject: Short Term Rental Tax Good morning, Council Members, Councilor Hardy asked me a couple of questions about our Short-term rental tax regarding how much tax is collected on a vacation rental and the amount we collect each year. After speaking with a couple of local management companies, the average stay in Avon is typically 5 nights in the winter and 3 nights in the summer. The 2% short-term rental tax collected per average stay is in bold. Winter Summer Average Nightly Rate 500.00 250.00 Average Stay 5.00 3.00 Total Revenue 2,500.00 750.00 Sales Tax $ 100.00 $ 30.00 Accommodation Tax 100.00 30.00 STR Tax 50.00 15.00 Total Tax to Avon $ 250.00 $ 75.00 Below are the annual amounts collected in the Community Housing Fund from the Short-term rental tax. 2022 - $ 1,122,695.79 2023 - $ 1,041,363.92 2024 - $ 999,737.18 Have a wonderful Memorial Day Weekend, Paul Paul Redmond Chief Financial Officer (970) 748-4088 (d) (970) 331-6390 (c) predmond@avon.org 970.748.4011 dplace@avon.org TO: Honorable Mayor Underwood and Council members FROM: Derek Place, Chief Building Official Emily Block, Development Coordinator RE: Updates to Chapter 5: Contractor Licensing DATE: May 27, 2025 SUMMARY: This report presents Ordinance 25-11 AMENDING AVON MUNICIPAL CODE CHAPTER 5.18 CONTRACTOR LICENSES. The amendments will improve the contractor licensing process with the Town of Avon. BACKGROUND: There are two main updates to our Contractor Licensing that we are requesting to accomplish the following objectives: (1) Improve processes for our construction community, making it easier to obtain a contractor’s license; (2) Enable our Building Official to better hold contractors accountable for their work within Avon, spelling out a process for revoking Contractor Licenses and for those contractors to repeal the revocation PROPOSED CHANGES: The first proposed change to Chapter 5.18 seeks to combine our Business Licenses and Contractor Licenses into one rather than having them as separate licenses. No changes are being proposed to fees, requirements, or similar for the two licenses; it is simply a proposed amendment to our code to make the process easier for contractors performing work in Avon. Contractors would only have to apply for one combined license rather than complete multiple license applications with this code amendment. Additionally, there is verbiage in our code that is no longer applicable to the licenses that are issued, and we are proposing to remove that language from the code. The following table of Fees would be listed with the Community Development Fee Schedule, as follows: These fees are simply a combination of our current business and contractor license fees; we are not proposing any change to the actual amount. The second proposed change adds verbiage regarding revocation of contractor licenses by our Building Official. Currently there is no process for revocation of contractor licenses in our code. Provisions for Contractor Business License – General Contractor (vendor, non-fixed location) $150 Contractor Business License – Subcontractor (vendor, non-fixed location) $60 Fixed Location Contractor License (for those operating out of a fixed location within the Town of Avon) $325 Home Occupation Contractor License (for contractors operating from their home in Avon) $175 Page 2 of 2 revocation of licenses exists in neighboring municipalities that administer contractor licenses. Adding procedures for revocation of contractor licenses will provide a mechanism for enforcement of the contractor license requirements. The appeal process is the same as the appeals process for businesses license generally. RECOMMENDATION: I recommend that Council adopt Ordinance 25-11 on first reading. PROPOSED MOTION: “I move to approve Ordinance 25-11 Amending Chapter 18 of Title 5 to Update the Contractor License language on First Reading.” Thank you, Derek and Emily ATTACHMENT A: Ordinance 25-11 Amending Chapter 5.18 Contractor Licenses of the Avon Municipal Code Ord 25-11 Contractor Licenses May 27, 2025 Page 1 of 6 + ORDINANCE 25-11 AMENDING AVON MUNICIPAL CODE CHAPTER 5.18 CONTRACTOR LICENSES 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 such authority, the Town has previously adopted Title 5 of the Avon Municipal Code (“Code”), regarding licensing requirements and, more specifically, Chapter 18 of Title 5, concerning the requirement for contractors performing work within the Town of Avon to carry a license to perform such work; and WHEREAS, pursuant to such authority, Title 5 of the Code has a defined process for revocation/appeal of all license types except Contractor Licenses; and WHEREAS, Council now wishes to amend Chapter 18 of Title 5 of the Code to add verbiage that defines a process for revocation/appeal of Contractor Licenses in situations defined within the code text amendment; and WHEREAS, the Town Council finds that adding this verbiage will promote the health, safety and general welfare of the Avon community by holding contractors accountable for their work; and, WHEREAS, while amending this chapter, Town Council will take the opportunity to delete contractor license types that are no longer in use, define General/Sub Contractor types, and combine Business/Contractor License fees to ease the process for our construction community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule 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 the Town Council, or any member of the Town 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: ATTACHMENT A Ord 25-11 Contractor Licenses May 27, 2025 Page 2 of 6 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. Chapter 5.18 Contractor License Amendments. Council hereby amends Chapter 18 of Title 5 of the Avon Municipal Code, to read as follows, with redline/strike-out indicating words to be deleted and underline indicating words to be added: 5.18.010 License—required. All contractors as defined by AMC Section 3.08.010, except electrical and plumbing contractors, who are duly licensed by the State, shall purchase a Contractor Business license for conducting work within the Town of Avon. Established annual fees shall be established by resolution of the Avon Town Council. Class designations are as follows: Class I - General Contractor; Class II - Other Specialty Sub-Contractor; Class III - Municipal Contractor; Class IV - Owner Builder. 5.18.020 Definitions. General Contractor means an individual or company that is responsible for pulling the building permit, and/or overseeing multiple facets of a construction project from start to finish. 5.18.0230 License—period of validity. All Business Contractor licenses shall be valid for a period of one (1) year from the date of issuance. 5.18.0340 Insurance. Every contractor shall provide a current certificate of insurance for statutory workers' compensation and commercial general liability insurance of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate before a contractor's license is issued. If workers' compensation insurance is not possessed, a waiver form must be provided accordingly at the time of application. 5.18.050 Revocation. A) Any Contractor License issued under this code may be temporarily suspended or revoked by the Building Official under the following circumstances: 1. Violation of this chapter or any other applicable law; 2. Failure to correct any and all building code violations after having been duly notified by the Building Official; 3. Failure to request and pass a required inspection prior to the expiration of a permit, and/or prior to the use or occupancy of a structure; 4. Failure to obtain a permit where one is required per adopted building codes; Ord 25-11 Contractor Licenses May 27, 2025 Page 3 of 6 5. Performance of work that is deemed hazardous by the Building Official to life and property; or 6. Demonstration of general negligence, carelessness or lack of workmanship in work performed. B) The Building Official may revoke a contractor license in accordance with the following procedures: 1. The Building Official shall submit a written notice of revocation to the contractor licensee, stating the following: (i) The grounds for revocation; (ii) Requesting information if necessary; (iii) Stating corrective action if applicable and appropriate; (iv) Stating the appeal rights of the contractor licensee; (v) Identifying the last day to file an appeal with the Town and stating that the revocation shall become effective on day after if no appeal is filed; and, (vi) Stating that conduct of business/work without a contractor license shall be a violation of this Chapter. 2. If a contractor license is revoked pursuant to this subsection, such revocation shall be in effect for a minimum of one year. C) The Building Official may immediately suspend a contractor license if the Building Official has reasonable grounds to believe that the contractor licensee has failed to comply with any building code requirement that creates an immediate threat to the health, safety and general welfare of the Avon community. 5.18.060 Appeal. (a) Appeal to Town Manager. The business owner ("appellant") may appeal the decision of the Building Official to the Town Manager. The appellant shall file a written appeal with the Town Manager within thirty (30) days after the date of transmittal of a written decision of the Building Official or designee to deny or revoke a contractor license. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Building Official’s decision shall bar any further consideration of the application, shall bar any appeal to the Town Manager and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Manager within forty-five (45) days after the date of receipt. The Town Manager's review shall be de novo. The Town Manager may conduct a hearing if determined necessary by the Town Manager to ascertain additional facts relevant to the appeal. The Town Manager shall provide at least three (3) days prior notice to the appellant stating the date, time and location where the Town Manager will conduct a hearing. The decision of the Town Manager shall be in writing, shall state the appellant's right Ord 25-11 Contractor Licenses May 27, 2025 Page 4 of 6 to appeal the decision to the Town Council, shall state the last day to submit an appeal to the Town, and shall be sent by U.S. first class mail to the appellant. The decision of the Town Manager may be appealed to the Town Council. (b) Appeal to Town Council. The appellant may appeal the decision of the Town Manager to the Town Council. The appellant shall file a written appeal with the Town Clerk within thirty (30) days after the date of transmittal of a written decision of the Town Manager to deny an appeal. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Town Manager's decision shall bar any further consideration of the application, shall bar any appeal to the Town Council and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within forty-five (45) days after the date of receipt. The Town Council's review shall be de novo. The Town Council shall conduct a hearing. The Town Council shall provide at least three (3) days prior notice to the appellant stating the date, time and location where the town council will conduct a hearing. The decision of the Town Council shall be in writing and shall be sent by U.S. first class mail to the appellant. The decision of the Town Council shall be the final decision of the Town and shall be final on the day that the Town Council takes action to adopt its findings in writing. 5.18.040070 Violations—penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 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 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. 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 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 Ord 25-11 Contractor Licenses May 27, 2025 Page 5 of 6 welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall 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 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on May 27, 2025 and setting such public hearing for June 10, 2025 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 10, 2025. BY: ATTEST: Ord 25-11 Contractor Licenses May 27, 2025 Page 6 of 6 ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney _______________________________________________________________________________ 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. AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY MAY 12, 2025 PUBLIC MEETING BEGINS AT 5:30 PM PUBLIC MEETING: 5:30 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:31PM. 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 THESE MEETING 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, EMILY BLOCK 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – March 2025 & April 2025 data DATE: May 16th, 2025 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for March 2025 and the recreation fees, real estate transfer tax, and use tax revenues for April 2025. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for March revenues in 2025 and April 2025. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE SUMMARY: Tax Revenue Comparison – 2024 v 2025: Sales tax, Tobacco/Cigarette tax and Rec Admissions are down for 2025 compared to 2024. Accommodations, STR tax for CH and Rec Program fee revenue is favorable compared to the prior year. Below is a table which reflects the dollar change and percentage variance. Total revenue for 2025 is reflecting a favorable variance to 2024. Adopted Budget 2025 v Actual 2025: All taxes except Sales Tax and STR Tax for CH reflect an unfavorable variance over the 2025 budget. Rec Center revenue is favorable compared to the 2025 budget. Total revenue for 2025 is reflecting an unfavorable variance to the 2025 budget. Below is a table which reflects the dollar change and percentage variance. 2024 v 2025 YTD REVENUE COMPARISON 2024 2025 Dollar Variance Percentage Variance Sales Tax $4,208,364.44 $4,155,225.10 ($53,139.34) (1.26%) Acc. Tax $960,108.25 $1,055,521.10 $95,412.85 9.94% STR Tax for CH $444,352.04 $490,127.03 $45,774.99 10.30% Tobacco Tax $95,065.35 $87,610.61 ($7,454.74) (7.84%) Cigarette Tax $58,296.00 $52,962.00 ($5,334.00) (9.15%) Use Tax $0.00 $34,568.00 $34,568.00 N/A Rec Admissions $475,373.47 $448,841.18 ($26,532.29) (5.58%) Rec Program Fees $144,254.57 $170,181.89 $25,927.32 17.97% TOTAL $6,385,814.12 $6,495,036.91 $109,222.79 1.71% Page 2 of 11 REVENUE ANALYSIS: Sales Tax: Revenues – March 2025: March sales tax revenues totaled $1,711,208. This is a decrease of $4,584 or 0.27% compared to March 2024 sales tax revenue of $1,715,792. MARCH 2024 v MARCH 2025 SALES TAX COMPARISON BY INDUSTRY March 2024 March 2025 Increase/Decrease Home/Garden $98,293.91 $133,425.72 $35,131.81 Grocery/Specialty/Health $244,359.44 $245,030.95 $671.51 Sporting Goods Retail/Rental $197,592.78 $185,474.92 ($12,117.86) Miscellaneous Retail $75,645.53 $69,725.77 ($5,919.76) Accommodations $363,047.89 $363,102.65 $54.76 Restaurants/Bars $222,115.92 $269,550.34 $47,434.42 Other $48,037.26 $20,149.95 ($27,887.31) Service Related $102,304.64 $69,246.59 ($33,058.05) Liquor Stores $18,557.04 $31,033.74 $12,476.70 E-Commerce Retail $104,219.68 $104,311.49 $91.81 Manufacturing/Wholesale $103,023.48 $56,043.13 ($46,980.35) Construction Related Services $103,762.06 $127,741.46 $23,979.40 Digital Media Suppliers/Sellers $18,756.10 $23,628.36 $4,872.26 Commercial/Industrial Equipment $16,077.03 $12,695.41 ($3,381.62) Special Events $0.00 $48.00 $48.00 TOTAL $1,715,792.76 $1,711,208.48 ($4,584.28) 2025 REVENUE COMPARISON – BUDGET V ACTUAL Budget Actual Dollar Variance Percentage Variance Sales Tax $4,128,462.80 $4,155,225.10 $26,762.30 0.65% Acc. Tax $1,094,255.12 $1,055,521.10 ($38,734.02) (3.54%) STR Tax for CH $455,124.24 $490,127.03 $35,002.79 7.69% Tobacco Tax $96,863.39 $87,610.61 ($9,252.78) (9.55%) Cigarette Tax $57,375.24 $52,962.00 ($4,413.24) (7.69%) Use Tax $166,666.67 $34,568.00 ($132,098.67) (79.26%) Rec Admissions $384,252.58 $448,841.18 $64,588.60 16.81% Rec Program Fees $138,998.04 $170,181.89 $31,183.85 22.43% TOTAL $6,521,998.08 $6,495,036.91 ($26,961.17) (0.41%) Page 3 of 11 Sales Tax: March 2025 Budget v Actual Collections: March 2025 sales tax revenues totaled $1,711,208. This is an increase of $80,390 over the March 2025 estimate of $1,630,818. This is 4.93% above the adopted 2025 budget (based on a 3-year average). MARCH 2025 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2025 Budget 2025 Actual Dollar Variance Percentage Variance March $1,630,818.17 $1,711,208.48 $80,390.31 4.93% Accommodation Tax: Revenues – March 2025: Accommodation tax revenues totaled $377,699 for the month of March. This is an increase of $18,828.51 or 5.25% compared to March 2024 accommodation tax revenues, which totaled $358,870. Accommodation tax collections by industry type for March 2025 compared to March 2024 reported an increase for Timeshares and Vacation Rentals. MARCH 2024 v MARCH 2025 ACCOMMODATION TAX COMPARISON BY INDUSTRY March 2024 March 2025 Increase/(Decrease) Timeshares $58,351.91 $48,753.11 ($9,598.80) Hotels $160,807.21 $132,809.29 ($27,997.92) Vacation Rentals $139,711.61 $196,136.84 $56,425.23 TOTAL $358,870.73 $377,699.24 $18,828.51 872,489.74 1,295,893.82 1,550,583.98 1,715,792.76 $1,711,208.48 48.53% 19.65% 10.65% -0.27% $300,000 $500,000 $700,000 $900,000 $1,100,000 $1,300,000 $1,500,000 $1,700,000 2021 2022 2023 2024 2025 2021-2025 March Sales Tax Revenue Trend Page 4 of 11 March 2025 Budget v Actual Collections: March 2025 accommodation tax revenues totaled $377,699. This is a decrease of $9,536 over the March 2024 estimates of $387,235. This is 2.46% below the adopted 2025 budget (based on a 3-year average). MARCH 2025 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2025 Budget 2025 Actual Dollar Variance Percentage Variance March $387,235.67 $377,699.24 ($9,536.43) (2.46%) Short Term Rental Tax for CH: Revenues – March 2025: STR Tax for Community Housing totaled $176,132 for the month of March. This is an increase of $12,787 or 7.83% compared to March 2024. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. MARCH 2024 v MARCH 2025 STR TAX FOR CH COMPARISON BY INDUSTRY March 2024 March 2025 Increase/(Decrease) Timeshares $29,175.96 $24,376.55 ($4,799.41) Hotels $68,010.17 $55,955.69 ($12,054.48) Vacation Rentals $66,158.56 $95,800.01 $29,641.45 TOTAL $163,344.69 $176,132.25 $12,787.56 128,039 313,888 393,864 358,871 377,699 145.15% 25.48% -8.88% 5.25% $0 $100,000 $200,000 $300,000 $400,000 2021 2022 2023 2024 2025 2021-2025 March Accommodation Tax Revenue Trend Page 5 of 11 Tobacco & Cigarette Tax: Revenues – March 2025: Tobacco tax revenues totaled $31,878 and cigarette tax revenues totaled $18,408 for March 2025. Compared to March 2024 revenues, this is an increase of $1,831 for tobacco tax revenues, which totaled $30,046 and a decrease of $993 for cigarette tax revenues, which totaled $19,401. 12,797 28,754 30,238 30,046 31,878 124.70%5.16% -0.63% 6.10% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2021 2022 2023 2024 2025 2021-2025 March Tobacco Tax Revenue Trend 16,659 21,774 21,517 19,401 18,408 30.70% -1.18% -9.83%-5.12% - 5,000 10,000 15,000 20,000 25,000 2021 2022 2023 2024 2025 2021-2025 March Cigarette Excise Tax Revenue Trend Page 6 of 11 March 2025 Adopted Budget v Actual Collections: March 2025 tobacco and cigarette tax revenues totaled $31,878 and $18,408, respectively. This is a decrease of $383 over the March 2025 budget for tobacco tax, which is $32,261 and a decrease of $1,549 over the March 2025 budget for cigarette tax estimates, which is $19,957 which is based on a 3-year average. MARCH 2025 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2025 Budget 2025 Actual Dollar Variance Percentage Variance Tobacco $32,261.51 $31,878.13 ($383.38) (1.19%) Cigarettes $19,957.75 $18,408.00 ($1,549.75) (7.77%) Total ($1933.13) Use Tax for Community Housing: Revenues – April 2025: April 2025 use tax totaled $5,740. Compared to April 2025 estimates, which totaled $41,666, this is a decrease of $41,666. APRIL 2025 BUDGET v ACTUAL COLLECTIONS – USE TAX REVENUES 2025 Budget 2025 Actual Dollar Variance Percentage Variance Use Tax for CH $41,666.67 $5,740.00 ($35,926.67) (86.22%) Page 7 of 11 Real Estate Transfer Tax: Revenues – April 2025: April 2025 real estate transfer tax totaled $219,455. Compared to April 2024, which totaled $714,231, this is a decrease of $494,775. This is a decrease of $172,115 over the April 2025 budget which was based on a 3-year average. APRIL 2025 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2025 Budget 2025 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $391,570.85 $219,455.59 ($172,115.26) (43.96%) $477,177 $378,321 $433,787 $714,231 $219,456 -20.72% 14.66% 64.65% -69.27% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2021 2022 2023 2024 2025 Real Estate Transfer Tax April Revenue Trends Page 8 of 11 Recreation Center Fees: Revenues – April 2025 Admissions & Program Fees: Recreation admission revenues for April 2025 totaled $86,843 is a decrease of $574 compared to April 2024 which totaled $87,418. This is $10,488 above the adopted 2025 budget estimates of $76,355. Recreation program fee revenues for April 2025 totaled $33,118. This is an increase of $2,987 compared to 2024, which totaled $30,130. This is $3,622 above the adopted 2025 budget estimates of $29,495, which is calculated based on a 3-year average. 34,168 66,815 81,349 87,418 86,843 95.55% 21.75% 7.46% -0.66% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 2021 2022 2023 2024 2025 Recreation Admissions April Revenue Trends $3,646 $26,280 $25,940 $30,131 $33,118 620.74% -1.29% 16.16% 9.92% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 2021 2022 2023 2024 2025 Recreation Program Fees April Revenue Trends Page 9 of 11 Real Estate Transfer Tax: Revenues 2025 2025 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2025 Budget 2025 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $1,658,092.45 $1,072,724.79 ($585,367.66) (35.30%) 2024 Actual 2025 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $3,253,930.17 $1,072,724.79 ($2,181,205.38) (67.03%) New and Renewed Business and STR Licenses – 2024 v 2025: The total number of 2025 business licenses issued through March was 241. This was down 9 licenses or 3.6% for the year to date. The total number of STR licenses issued through March was 72. Compared to 2024 the STR licenses were down 8 licenses or 10% for the year to date. 2024 v 2025 – BUSINESS AND STR LICENSES – YEAR TO DATE 2024 2025 License Variance Percentage Variance Business License - Vendor 242 252 10 4.1% Business License – Fixed Location 64 63 (1) (1.6%) Business License – Home Occupation 17 13 (4) (23.5%) Business License – Special Event 2 0 (2) (100.0%) TOTAL BUSINESS LICENSES 325 328 3 0.9% STR License 83 89 6 7.2% Page 10 of 11 - 50.00 100.00 150.00 200.00 250.00 300.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -4/30 2023 2024 2025 0 20 40 60 80 100 120 STR License STR Licenses Issued 1/1 -4/30 2022 2023 2024 Page 11 of 11 EXPENDITURES: MARCH 2025 General Fund YTD Actuals v 2025 Budget: General Fund expenditures through April 2025 total $7,860,913 which is 29.88% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2025 Budget: Mobility Fund expenditures through April 2025 total $927,512 which is 32.75% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, and utilities. Fleet Maintenance YTD Actuals v 2025 Budget: Fleet Maintenance expenditures through April 2025 total $912,007 which is 40.46% of the total adopted budget. These expenditures include wages, health benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2025 Budget: The Capital Improvement expenditures through April 2025 total $1,009,154 which is 9.25% of the total adopted budget. These expenditures were made up of primarily Public Works garage and Recycling Center project. Thank you, Dean 970-748-4072 cvanwinkle@avon.org TO: Honorable Mayor Underwood and Council members FROM: Chelsea Van Winkle, Senior Special Events Coordinator RE: Summer Food Truck Program Update DATE: May 16, 2025 SUMMARY: This report provides an update on the Town’s Summer Food Truck Program, which allows for one (1) Food Truck, Trailer or Cart to operate on Town owned property and designated locations approved by the Town Manager. New for 2025, Staff added two (2) locations to the Main Street Mall for the operation of one (1) Food Cart serving coffee, drinks, and/or limited concessions. The Food Truck Approved Locations are provided as ATTACHMENT A. The 2025 Summer Food Truck Program will operate from May 23 through September 28. Additionally, a Request for Proposal (“RFP”) for a year-round Food Truck at Location E (W. Benchmark Road, between Avon Station and the Westin Riverfront Resort & Spa, adjacent to the railroad tracks) was released on April 30, 2025, and closes on May 30, 2025. Staff will provide an update on proposals received for the Year-Round Food Truck location later this summer. This is submitted as a written report and no action by Council is requested. BACKGROUND: In 2016, the Avon Town Council adopted limited authorization for Food Trucks and Food Vendors and the Town Manager implemented administrative regulations and guidelines. During the COVID-19 pandemic in 2020 and related health and safety concerns, on May 26th, 2020, Avon Town Council approved and adopted an amendment to Resolution No. 20-17. The amendment included revisions to (1) promote the health, safety and general welfare of the Avon community and (2) provide such Food Trucks and Vendors are operated by an existing restaurant or food purveyor business in Avon. Furthermore, on March 8th, 2022, Resolution No. 22-05, was approved, and adopted by Avon Town Council. The amendment removed the restriction that such Food Trucks and Vendors are operated by an existing restaurant or food purveyor business in Avon. In 2022, one (1) Food Truck, Los Patrones, operated near the Recreation Center on Lake Street. In 2023, two (2) Food Trucks were permitted, Volcano Sushi and Vamos a Donde Tu Quieras. In 2024, two (2) Food Trucks, Volcano Sushi and Taqueira Los 3 Gallitos, operated in the Recreation Center west parking lot due to power constraints on Lake Street. All Food Trucks in past years have had successful summer seasons based on sales tax and conversations with owners at the end of the season. In addition to the Summer Food Truck Program, Staff received direction to allow SupCO to operate minimal concessions offering non-alcoholic beverages and pre-packaged snacks out of their space at Nottingham Beach for the last three years and has approved again for 2025. Each year, Staff have continued to refine the program based on vendor interest, community response, and available infrastructure. Staff made changes and updates to the Summer Food Truck Application and Regulations for 2025 provided as ATTACHMENT B. ANALYSIS: Staff received eight (8) complete applications from food purveyors located in Eagle County, with interest in operating a Food Truck, Trailer or Cart on Town owned property this summer, which are listed below: Page 2 of 2 1. Pork Station – Location A 2. The Cowboy’s Kitchen – Location A 3. House of Vibes Trailer – Location A 4. House of Vibes Cart – Location B or C 5. Dogo El Norteno – Location A 6. The Chi Shack – Location A 7. Jammin Kitchen – Location A 8. La Soltana LLC – Location A Of the eight (8) applicants, two (2) were selected for the 2025 Summer Food Truck Program. Due to limited power at Lake Street (Location A), where only 120-volt (20-amp) service is available, and the restrictions to the Recreation Center west parking lot due to construction, only one (1) Food Truck, The Chi Shack, was approved for Location A. The Chi Shack was selected based on its compatibility with existing power limitations, diverse menu offerings, and established presence at events throughout the Vail Valley. While Staff previously explored the cost of upgrading electrical infrastructure on Lake Street to better accommodate food trucks, the estimated expense of $34,900 was determined to be cost-prohibitive. For the newly added Main Street Mall (Locations B and C), House of Vibes was selected to operate a coffee cart, offering beverages and limited concessions. However, House of Vibes has declined due to staffing resources, limited schedule and weather. Staff is excited for another successful season of the Summer Food Truck Program, featuring one (1) Food Truck on Lake Street. Thank you, Chelsea Van Winkle ATTACHMENT A – Avon Food Truck Locations ATTACHEMENT B – 2025 Summer Food Truck Application and Regulations TOWN OF AVON FOOD TRUCK PROGRAM APPROVED LOCATIONS LOCATIONS A-D = MAY 23 - SEPTEMBER 28, 2025 LOCATION E = YEAR ROUND AND OCCUPIED THROUGH NOVEMBER 15, 2025 C B A D E ATTACHMENT A 1 FOOD TRUCK PROGRAM VENDOR PERMIT APPLICATION 1.Name of Applicant: ________________________________________________________ 2. Business/Organization: ____________________________________________________ 3.Mailing Address: ________________________________________________________________ 4.Telephone Number: ___________________________________________ 5.Email Address: ___________________________________________ 6.Location Preference (Please list first choice after referring to Exhibit A): A.________________ (access to 20-amps of power max) B.________________ (cart location only, no power access) C.________________ (cart location only, 50-amps of power max) D.________________ (cart location only, 50-amps of power max) E._________________NOT AVAILABLE AT THIS TIME 7.Structure type and size: A.Truck: ________________ B.Trailer: ________________ C.Cart: __________________ 8. Power: Please provide details on your power needs (only for locations A, C and D) A.Total Amperage Requested (please give accurate power needs): _______________________ B.Do you have a specialty plug? ____________________________________________ i.What type of plug is it? ____________________________________________ ii.Will it need an adapter? _____________________________________ ATTACHMENT B 2 iii.Please Include a Picture of Your Plug with Your Application 9. Please provide a description of the food and/or beverage options you desire to serve or attach your desired menu to this application. _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 10.Environmental Health Permit – Please attach your approved Eagle County Retail Food License for Temporary Vending from the Eagle County Environmental Health Department. 11.Refuse Plan – Please explain your plan for disposal of trash and recycling generated by the business and its patrons. _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 12.Non-Discriminatory/Equal Opportunity: ☐By checking this box, you agree to not discriminate against any individual because of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in connection with the Food Truck permit. 13.Food Truck Program Vendor Regulations: ☐By checking this box, you agree to the Town of Avon Food Truck Program Vendor Regulations provided and attached as Exhibit B. 14.Do you currently have an active Avon Business License? If yes, please list the license number: _________ 15. Fees & License Received (Internal Use Only) ☐Food Truck Vendor Permit Application ☐Security Deposit ☐Insurance & Indemnification __________________________________________________________________ Signature of Applicant Date The permit application is approved by the Town of Avon as noted by the signature below. The applicant must comply with all Town of Avon applicable municipal codes and Town of Avon Food Vendor Regulations, adopted on March 5, 2025. _________________________________ ______________________________ TOWN OF AVON DATE TOWN OF AVON FOOD TRUCK PROGRAM APPROVED LOCATIONS LOCATIONS A-D = MAY 23 - SEPTEMBER 28, 2025 LOCATION E = YEAR ROUND AND OCCUPIED THROUGH NOVEMBER 15, 2025 C B A D E Food Truck Program Vendor Regulations March 5, 2025 Page 1 of 6 EXHIBIT B FOOD TRUCK PROGRAM: VENDOR REGULATIONS I.INTRODUCTION. The objective of Avon’s Food Truck Vendor program is to support small business opportunities, activity in Harry A. Nottingham Park (“Nottingham Park”), and to enhance the visitor and resident experience. These regulations set forth criteria intended to promote high quality Food Truck Vendor operations, maintenance, and design for operators under the Food Truck Vendor program. The Town of Avon (“Town”) reserves the right to amend these regulations from time to time as deemed appropriate by the Town. A Food Truck Vendor Permit does not grant access to vend during Town special events. All references to the Town Manager shall include the Town Manager’s designee. II.FOOD TRUCK VENDOR PERMIT, TERM & FEES. A Food Truck Vendor Permit may be issued to businesses (“Vendor”) who will offer creative, imaginative, and unique food items that are compatible with the ambience of the available vending sites and will also enhance the experience of residents and visitors. Permits will be awarded to qualifying applicants subject to availability of appropriate locations and times. A.Permit Description: Each Food Vendor Permit will identify the food and/or beverage genre and menu items the Vendor is permitted to sell. The Town will endeavor to limit the number of vendors which carry the same or similar types of food and/or beverage to offer distinct and diverse menu items. B.Term of Permit: If selected for placement and operation of a Food Truck Vendor location, the Town shall provide a Food Truck Vendor Permit to the owner of the based business which delineates all the terms and conditions of the Food Truck Vendor Permit. Locations A through D permits will be active approximately the Friday prior to Memorial Weekend through the end of September each year at which time Food Truck Vendor operations shall cease. Location E is currently occupied through November 15, 2025. Location E is available year-round. A Request for Proposal (“RFP”) for this location will be available no later than April 15, 2025, for interested organizations to apply. C.Fees: 1.Locations A - A monthly fee of One Hundred Fifty Dollars ($150.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is Six Hundred Dollars ($600.00) without 10% discount applied. 2.Location B – A monthly fee of Seventy-Five Dollars ($75.00) is applied for incidentals. If paid upfront, a 10% discount will be applied. Total fee is Three Hundred Dollars ($300.00) without 10% discount applied. 3.Locations C and D - A monthly fee of Seventy-Five Dollars ($75.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is Three Hundred Dollars ($300.00) without 10% discount applied. 4.Location E – A monthly fee of One Hundred Fifty Dollars ($150.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is One Thousand Food Truck Program Vendor Regulations March 5, 2025 Page 2 of 6 Eight Hundred Dollars ($1,800.00) without 10% discount applied. 5.In years 2026 and 2027 the monthly electricity and incidental fees will increase as outlined below: •One hundred Fifty-Five Dollars ($155.00) and One Hundred Sixty Dollars ($160.00) respectively for Locations A and E. •Eighty Dollars ($80.00) and Eighty-Five Dollars ($85.00) respectively for Locations B, C and D. • 6.Food Truck Vendor fee does not include the Town Business Licenses fee. D.Security Deposit: The selected Vendor shall be required to deposit with the Town the sum of Five Hundred Dollars ($500.00) as a security deposit. The deposit may be used to pay delinquent Food Truck Vendor Permit Fees or for damage to public property attributable to the activity of the Vendor. The deposit will be refunded, minus any attributable costs, at the end of the Permit term or applied towards the next Permit Term. III.ENVIRONMENTAL HEALTH PERMIT: Applicants must submit their approved Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department. A.If applicable – Public Health Order Compliance Plan: Applicants must submit a written plan detailing how they will implement the applicable guidance under the most current Eagle County Public Health Order concerning the coronavirus pandemic (“PHO Compliance Plan”). A PHO Compliance Plan should include both cleaning protocols for employees and protocols for customers. IV.PERMIT AREA & REFUSE PLAN A.Permit Area: The Town Manager is authorized to identify Food Truck Vendor locations (“Permit Areas”) near Nottingham Park, including but not limited to the sites mapped on Exhibit A. Food Truck Vendors must be delivered to the Permit Area at the start of the business day and removed from the Permit Area at the close of the business day, unless Permitted otherwise. Vendor’s vehicles and/or tents placed and/or parked in a marked parking space must fit within the width and the length of the marked parking space. Vendors shall not have any exclusive right to any location on Town property. The Town reserves the right to relocate designated Permit Areas on a permanent or temporary basis as needed. B.Sales Area: The sale of food shall only take place from within the Food Truck Vendor truck/tent/trailer. Furnishings or fixtures shall not be installed in such a manner as to become permanently affixed to or a part of the Permit Area. C.Transporting Responsibility: Responsibility for transporting Food Truck Vendor trucks/tents/trailers to and from the Permit Area shall be the sole responsibility and at the sole cost of the Vendor. D.Refuse Plan: The Vendor should maintain both the Permit Area, the immediate area surrounding the Permit Area and the display apparatus in a neat, clean, and hazard-free condition. Applicants must provide a written plan for disposal of trash and recycling generated by the business. V.DAYS & HOURS OF OPERATION. The Food Truck Program requires the Vendor to maintain regular and consistent operating hours. The Town will work with the selected Vendor to determine a reasonable Food Truck Vendor business schedule. Food Truck Program Vendor Regulations March 5, 2025 Page 3 of 6 VI.ADMINISTRATION A.Permits and Licenses: Selected Vendors shall obtain all required permits or licenses from all applicable governmental entities before a Food Truck Vendor Permit is issued, including but not limited to a State of Colorado sales tax license, a Town sales tax license, Town vendor business license. In addition, a State of Colorado Food Service License and an Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department must be obtained. Should Vendor already hold a Town sales tax license, Vendor must be current with any Town sales taxes due prior to the issuance of a Food Truck Vendor Permit. B.Display: The Vendor shall prominently display all required permits and licenses on the vending apparatus or, if no such apparatus is used, shall make such permits available upon reasonable request by any member of the public or official of the Town. C.Compliance: The Vendor is responsible for compliance with the Town Food Truck Vendor Permit and Food Truck Vendor Regulations. D.Operator: No person shall operate the Food Truck Vendor structure except the Vendor and designated employees. VII.FOOD VENDOR DEFINITION & STRUCTURES A.Vendor: Avon Municipal Codes 5.04.020 defines a as “Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or beverage, from any outdoor location from a or stationary cart, table, or vehicle regardless of whether a fee is charged for such goods or services.” B.Truck: A food truck is a food establishment in a motor vehicle licensed to operate by a department of motor vehicles and designed to create a single vehicle exposure. The Vendor will be responsible at its sole cost for the design, purchase and maintenance of a high quality and attractive food truck and all equipment necessary to deliver the products and services in a clean, attractive, and safe manner. C.Trailer: A food trailer is any vehicle without motive power that is designed to be drawn by a motor vehicle, specifically designed or used for food and/or beverage vending operations; and is a typically kitchen plus a vehicle. D.Cart: A food cart is any vehicle without motive power or conveyance that is designed to be pushed or pulled by human or animal, specifically designed or used for food and/ or beverage vending operations; and is typically a kitchen plus a vehicle. E.Location E – Requirements include (1) service door and/or window operations are on the south and/or east facing side of the structure and (2) guests and/or staff shall not in any way impede with Town snow removal and/or storage operations (3) guests and/or staff shall not in any way impede Town Transit operations including blocking vehicular traffic on W. Benchmark Road, adjacent sidewalks and/or bus dwelling areas, and Avon Station. All vendor structures must be approved by the Town prior to the commencement of operation at any location within the Town. Any proposed modifications to the vendor structure specification must be reviewed and approved in writing by the Town Manager. VIII.VENDOR MAINTENANCE STANDARDS & OPERATION A.Vendor is responsible for all Food Truck Vendor structure maintenance. The Food Truck Vendor structure Food Truck Program Vendor Regulations March 5, 2025 Page 4 of 6 must be clean, sanitary and in good working condition always to the satisfaction of the Town in its sole discretion. B.The area around the Food Truck Vendor must be kept clean and free of trash. The Vendor must apply materials under the Food Truck Vendor structure (e.g., plastic sheet, cardboard, etc.) in order to prevent oil or other harmful substances from contacting Town right-of-way. If the Food Vendor causes damage to the area surrounding, the Vendor will be responsible for cleaning and finding a solution to prevent future damage. Applicants must provide a written plan for disposal of trash and recycling generated by the business and its patrons. C.All merchandise must be displayed on or within the Food Truck Vendor structure. The Vendor is responsible for ensuring displays standards are maintained. D.Acoustic and/or amplified sound, including music, is regulated by Town codes which must always be adhered to. E.Vendors using heaters (pre-approved by the Town and the Fire Marshall) during cold weather shall have a fire extinguisher on or in the Food Vendor structure and shall set up and operate the heater in a safe manner. F.Vendor may not use electrical generator without prior permission by Town. Use of Town electricity or electrical connection is by permission only in the Town’s sole discretion and may be subject to charge by the Town. In accordance with the Food Truck Vendor Permit, violations of rules and regulations set forth in these regulations may result in the revocation of the Food Truck Vendor Permit. IX.STORAGE. The Town provides no on-site or off-site storage area for Food Truck Vendors. Food Truck Vendor Permit holders are not permitted to store any equipment, supplies or merchandise on Town property. X.MERCHANDISING GUIDELINES. Vendors are required to adhere to the following merchandising guidelines when creating Food Truck Vendor displays: A.Display of merchandise shall be professionally designed and executed. B.All displayed merchandise shall be visibly priced. C.All fixtures, fabric, signage, chairs, and other decorations shall be maintained in good condition throughout the operation. D.Merchandise shall always be stored inside the Food Truck Vendor structure or presented on approved display fixtures. No stored boxes, bags, or cloths are to be visible to the public. E.Merchandise shall be of reputable quality and in good condition. F.Food Truck Vendor structure should always be fully stocked with merchandise during business hours. G.Merchandise shall be presented in approved display units. H.Daily preparation of merchandise and display shall not create a visual nuisance to the public and surrounding businesses. I.The sale of counterfeit merchandise is not permitted. Counterfeit products refer to items that are either imitations of genuine products or items made without permission of a trademark owner. VII.SIGNAGE. Vendor is responsible for investing in a high-quality sign(s) identifying the name of the business. Food Truck Program Vendor Regulations March 5, 2025 Page 5 of 6 A.Business identification signs must be located on or near the Food Truck Vendor structure. B.Business identification signs must be produced by a professional sign company. C.Signs shall be produced to professional standards and shall be approved in writing by the Town Manager or designee prior to placement on the Food Truck Vendor structure. D.Price signs and items description shall be preprinted and mounted on approved material. VIII.STAFFING. To guarantee Food Truck Vendor patrons excellent service, the following staffing standards are required of all Vendors: A.All Vendor employees shall always be neat and clean and shall wear some distinctive articles of apparel that identifies them as Vendor employees. B.Vendor employees shall be courteous to all guests and patrons. C.Vendor employees should not while on duty use improper language, behave in a boisterous manner, emit any unduly loud or unreasonable noise, engage in any horseplay, or unbecoming or otherwise illegal or objectionable conduct or activities at an approved Permit Area. D.Vendors should supervise the conduct of their employees. E.Vendor should insure that their employees understand and comply with the Town of Avon Food Vendor Regulations and special memos. F.Vendor and staff shall be familiar with restroom locations, ATMs and special events on Harry A. Nottingham Park’s event calendar. G.Should staff problems arise, Vendor shall be available in case of emergencies. If the problem is not resolved, the Town may exercise its discretion including closing or securing of Food Vendor or require replacement of employee by the Vendor. XII.INDEMNIFICATION & INSURANCE. Vendor shall procure and maintain at Vendor’s own expense for the duration of the Food Truck Vendor Permit, the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, occupancy, operation and use of the Food Truck Vendor Permit Area by Vendor, Vendor’s agents, representatives, employees or subcontractors. •Comprehensive/Commercial General Liability of not less than $1,000,000 per person and $2,000,000 per incident. •Workers’ Compensation and Employer’s Liability. •Property insurance against all of risks of loss to personal property at full replacement cost. Insurance policies shall name the Town of Avon, its officers, employees, and agents as additional insureds and shall provide that the insurance is primary, and that no other insurance maintained by the Town will be called upon to contribute to a loss covered by the policy. The policy shall further provide written notice to the Town prior to cancellation or material change. Evidence of such insurance is required prior to the issuance of the Food Vendor Permit. XIII.INDEPENDENT CONTRACTOR. Vendor in performance of the Food Vendor Permit will be acting in a wholly independent capacity and not as an agent, employee, partner, or joint venture of the Town. XIV. NON-DISCRIMINATORY/EQUAL OPPORTUNITY. The Food Vendor Permit will contain a Non- Discrimination/Equal Opportunity provision that the Food Vendor shall not discriminate against any individual because Food Truck Program Vendor Regulations March 5, 2025 Page 6 of 6 of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in connection with the Permit. XV. REVOCATION OF FOOD TRUCK VENDOR PERMIT A.Vendor will be in violation of the Town of Avon Food Truck Vendor Regulations if any of the following occurs: 1.Failure to comply with any condition of the Food Truck Vendor Permit. 2.Opening late or closing early or failing to open the Food Truck Vendor (without written authorization by the Town). 3.Violation of Town sound regulations. 4.Leaving Food Truck Vendor unattended. 5.Allowing anyone other than a paid member of the Food Truck Vendor owner’s staff to attend or operate Food Vendor. 6.Changing the approved Food Vendor structure design or products approved for sale without prior Town approval. 7.Moving Food Truck Vendor structure in a rapid or unsafe manner. Any accidents with pedestrians or damage to property shall be reported immediately to the Avon Police Department. 8.Failure to keep Food Truck Vendor and space around Food Truck Vendor in a clean and sanitary condition. 9.Failure to comply with any requirements of the Food Truck Vendor Permit or putting the health, safety and welfare of the public at risk. 10.Using electrical generator or Town electricity without prior permission by Town. 11.Failure to comply with Avon Municipal Code Section 5.04.080 Vendor Regulations. B.Upon receipt of any evidence of violation of the Food Truck Vendor Permit or Town of Avon Food Truck Vendor Regulations, the Town Manager may submit a written demand for compliance to the Food Truck Vendor Permit holder, may summarily suspend the Food Truck Vendor Permit and/or may schedule a hearing for consideration of revocation. Prior to revoking a Food Truck Vendor Permit, the Town Manager shall provide at least three (3) days prior written notice to the Food Truck Vendor of the date and time of hearing and such notice shall describe the violations of the Food Truck Vendor Permit. An action to revoke a Food Truck Vendor Permit shall be in writing. These Food Vendor Regulations are adopted on March 5, 2025, by the Town Manager in accordance with Avon Municipal Code Section 5.04.080(e).