TC Ord. No. 25-10 Amending the Short Term Rental Overlay for Inclusion of the Kestrel Development,ovo n
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
Ord 25-10 STRO Amendment
May 21, 2025
Page 1 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 2 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. N OF
BY:
7� � L
mra N. Underwood, Mayor
ATTEST:
Migual Jauregui
ADOPTED ON SECOND AND FINAL READING on
BY:
: LTIJVV"I(j
mra N. U derwood, Mayor
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
Ord 25-10 STRO Amendment
May 21, 2025
Page 3 of 3
ATTEST:
Migual Jan
ueva, Town
12025.
Town
:SEAL: