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TC Packet 03-25-2025AVON TOWN COUNCIL MEETING AGENDA TUESDAY, March 25, 2025 MEETING BEGINS AT S: PM avon Hybrid meeting;g; in -person at Avon Town Hall, 100 Mikaela Way or virtually through Zoom, Zoom registration is on the header at Avon.org C 0 L 0 R A D 0 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 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 maybe given one (1) additional minute subject to Council approval. 5. CONSENT AGENDA 5.1. Approval of March 11, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Action Item: Adoption of Intermountain Transportation Planning Region (IMTPR) Bylaws (Engineering Director Eva Wilson) 6. BUSINESS ITEMS 6.1. Presentation: Regional Housing Needs Assessment (Housing Planner Patti Liermann) 6.2. Swearing In & Badge Pinning of Commander Ken Dammen, Sergeant Brad Stamp, Code Enforcement Officer Malachi Braughler and Code Enforcement Officer Tyler Niesman (Police Chief Greg Daly) 6.3. Avon Police Department Chiefs Community Partnership Awards for the 2024 Shop with a Cop (Police Chief Greg Daly) 6.4. Work Session: Draft Res. 25-01 and Community Housing Policies (Housing Planner Patti Liermann) 6.5. Work Session: Main Street Mall Conceptual Design Guidance (Planner II Max Morgan) 7. WRITTEN REPORTS 7.1. March loth Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.2. March 1 lth Health & Rec Minutes (General Government Fellow Arnell Wade) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. Internal Events Purchasing Policy (Sustainability Manager Charlotte Lin) 7.5. Recycling Center Re -opening (Sustainability Manager Charlotte Lin) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION 9.1. For the purpose of purchase of real property pursuant to CRS Section 24-6-402(4)(a); and for the purpose of determining positions relative to matters that may be subject to negotiation, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6- 402(4)(e); concerning the following specific matters: State Land Board Property (Town Attorney Nina Williams and Town Manager Eric Heil) 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 for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. 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 REGULAR MEETING MINUTES A TUESDAY MARCH 11, 2025 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 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 March 11, 2025, Council Regular Meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tern Richard Carroll, and Mayor Tamra N. Underwood. Councilor Gary Brooks was present virtually. 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, Rec Director Michael Labagh, Community Development Director Matt Pielsticker, Engineering Director Eva Wilson, Chief Cultural Officer Danita Dempsey, Facilities Manager Luis Tapia, Sustainability Manager Charlotte Lin, Sustainability Coordinator Sarah Smith Hymes, Planning Manager Jena Skinner, Planner II Max Morgan, and Sergeant Tyler Churches. 2. APPROVAL OF AGENDA Video Start Time: 00:00:47 Mayor Underwood initiated the meeting with the Agenda approval process. Mayor Pro Tern Carroll motioned to approve the Agenda, as presented. Councilor Thuon seconded the motion. The motion carried unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:35 Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and no conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:55 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 is 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 upon taking the podium. Nicholas Reese, resident of Avon at the Piedmont Apartments, took the podium in person to speak of construction noise related to pile driving by Shaw Construction at Traer Creek. He asked that Council direct staff to ensure that noise is not violating any ordinance or construction rule. 1 AVON REGULAR MEETING MINUTES TUESDAY MARCH 11, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Tim McMahon, resident of Avon, took the podium in person to speak of the several concerns he has with the new camping regulations that were approved at Avon, asking for additional information related to what he considers to be a camping ban. He also spoke of an unhoused person in Avon, who recently was fined, and the issues they are experiencing. Calyn Rieger, resident of Avon at Lake Nottingham, spoke of the camping ordinance that he disagrees with and does not support, and which he equated to criminalizing homelessness. He suggested a dog has more resources and liberties than a homeless veteran and asked how that makes sense. He asked Council to consider suspending what he called the camping ban in Avon. He also took the opportunity to make an official announcement of his intention to run for Avon Town Council for a third and final time in the 2026 election. No other public comment was received in person nor virtually. 5. CONSENT AGENDA Video Start Time: 00:18:00 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1 Approval of February 25, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Councilor Thuon motioned to approve the Consent Agenda. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 6. BUSINESS ITEMS 6.1.Resolution 25-08: Approving a Cultural, Arts and Special Events Committee (Town Manager Eric Heil) Video Start Time: 00:18:36 Town Manager Eric Heil delivered a presentation related to Resolution 25-08 and provided an update related to the proposed composition of the Cultural, Arts and Special Events Committee (CASE Committee). Mayor Underwood opened the floor to public hearing, and no public comment was received in person nor virtually. Councilors Hardy, Stanley, Brooks, and Mayor Pro Tern Carroll favored Resolution 25-08 as presented under Option 2 in the packet. Mayor Underwood recapped the process of voting to appoint members during the February 251", 2025 Council meeting, highlighting that in the second vote, Amy Lewis and Charles 'Chuq' Yang had the top 2 votes, in that order. CASE Nominee Amy Lewis took the podium virtually to express her support for Resolution 25-08 as presented under Option 2, and her willingness to serve if appointed. Mayor Pro Tern Carroll motioned to approve Resolution 25-08, as presented under Option 2, and to appoint Amy Lewis to a 2-year term on the CASE Committee, and to appoint Charles'Chuq" Yang to a 1-year term on the CASE Committee. Councilor Stanley seconded the motion. The motion carried unanimously with a 7-0 vote. 2 AVON REGULAR MEETING MINUTES TUESDAY MARCH 11, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6.2.Work Session: Recreation Center Refurbishment Costs (Recreation Director Michael Labagh) Video Start Time: 00:28:40 Recreation Director Michael Labagh delivered a presentation and led a work session related to Recreation Center refurbishment costs. He was joined at the podium by Facilities Manager Luis Tapia, who also spoke of the cost and challenges of maintenance of the Recreation Center. As this was discussed as a work session, no public comment was received, no motion was requested, and staff received feedback and direction to continue their work. Councilor Thuon mentioned that he heard that a local spa company will bid to replace a hot - tub at an approximate cost of $63,000 and found out that a company with offices in Florida and in Denver was able to bid and replace that same hot -tub locally for $4,000. He encouraged staff to look for bids from national spa companies in addition to local spa companies. Mayor Pro Tern Carroll asked what will happen to Rec Staff during the refurbishment and was advised that there is not yet a defined strategy for that staffing concern other than keeping full-time employees on payroll and assigned to other functions while reducing part-time employees during that time, and closing the wet side and dry side of the Rec Center for construction refurbishment on different years to avoid a total closure. Councilor Hyatt updated his fellow councilors on the discussions related to this refurbishment project at the Health and Rec Committee meeting earlier this day, focusing on the fact that the work is expensive but necessary and overdue and should not be piecemealed. Councilor Thuon added that as the Country may be staggering into serious issues, it may be time to think of pumping the breaks on this refurbishment project which is coming at a bad time. He suggested the Town wait till June to decide, since a recession may hit by then. Mayor Underwood added that if there is a recession, it may be the best time to move forward with such a project since labor and other costs may be lowered, which Councilor Thuon also agreed with. Councilor Hardy stated that this minimum refurbishment is overdue and necessary. She added she would like to see lap lane gutters added to the pool. Councilor Stanley also spoke in favor of the necessary repairs under the proposed refurbishment, and asked questions about the repairs needed for the hot tubs, which she felt were most urgent. Councilor Hardy also felt hot tub repairs were most urgent. Mayor Pro Tern Carroll thanked staff for this work session and asked if there is a way to get more precise cost estimates about this refurbishment. He added that loss of revenue is something that needs to be accounted for, including maintaining staffing and exploring financing options with the Finance Committee, so long as it does not get funded through a tax increase. Councilor Brooks asked staff to analyze deferred maintenance more cautiously to avoid falling behind on maintenance that could lead to avoidable refurbishments and wondered what creative solutions the Finance Committee could come up with to fund this refurbishment. He also asked for Council to fine tune what to prioritize so that more precise cost estimates can be gathered for the project. 3 AVON REGULAR MEETING MINUTES TUESDAY MARCH 11, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Underwood recommended that staff explore the opportunity to poll the public on whether a mill levy would be a desirable means to pay for this refurbishment and wondered if the pedestrian mall redesign could influence the exterior refurbishment of the REC building, including exterior hot tubs. Councilor Thuon asked that Staff invite Council to tour the facility before the next meeting in which an update on the refurbishment gets presented before Council. 6.3. Presentation: Net Zero Analysis (Sustainability Manager Charlotte Lin) Video Start Time: 01:27:07 Sustainability Manager Charlotte Lin delivered a presentation related to her Net Zero Analysis. As this was discussed as a presentation to Council, no public comment was received, no motion was requested, and staff received feedback and direction to continue their work. Mayor Pro Tern Carroll suggested that the source for economic growth be included in Sustainability Manager Lin's future materials and asked how she estimated demographic growth. Councilor Thuon asked Sustainability Manager Lin if achieving proposed Net Zero goals could cause indirect greenhouse gas emissions elsewhere, and was advised it would not. 6.4.Work Session: Composting (Sustainability Manager Charlotte Lin) Video Start Time: 01:46:10 Sustainability Manager Charlotte Lin delivered a presentation and led a work session related to Composting. As this was discussed as a work session, no public comment was received, no motion was requested, and staff received feedback and direction to continue their work. Councilor Hyatt mentioned there is a lot of composting of products already occurring in catering operations, and wondered how homeowners who choose to participate could benefit from a compositing program. Councilor Thuon suggested the public might buy into composting if they are made aware of how many greenhouse gas emissions are produced by those households. Mayor Underwood added that understanding greenhouse gas emissions is key to the topic and it is necessary to gather numbers to understand where a composting program could get more bang for the buck. She added it seems composting for commercial businesses is a more effective way to start. She suggested that if the Town will launch a composting pilot program, Staff should go after low hanging fruit which likely starts with commercial composting. Councilor Stanley suggested that the Town offer rebates to those who compost at home. Mayor Pro Tern Carroll asked questions on the composting formula used and wondered if a pilot program for local restaurants would be a better strategy to launch composting in Avon. Councilor Hardy mentioned she is in favor of the residential composting program and is also in favor of a turnkey offering for commercial composting which would have more impact on reducing emissions. She suggested the Town also explore composting drop sites. Mayor Underwood spoke of the challenges of drop sites for residential composting, which can 4 AVON REGULAR MEETING MINUTES TUESDAY MARCH 11, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO have bad smells. She suggested staff shift focus and go all in on commercial composting which has greater impact on lowering greenhouse gases, and a more limited residential composting offering through the local residential trash haulers. She asked Sustainability Manager Lin for more estimated numbers on this topic to determine the most impactful path forward. She also asked if Staff could analyze and learn from City Market's current composting practices. Council gave the following direction to key decisions of the Avon Composting Pilot Program: 1. Who is the focus - Commercial composting only received 5 thumbs up, and Commercial/Residential composting received 2 thumbs up. 2. Program scope — a pilot program received 7 thumbs up, and full implementation received no support. 3. Collection approach - curbside approach received 7 thumbs up, and drop sites or hybrid received no support. 4. Costs and funding — free vs. subsidized or full cost will require further financial modeling before deciding the best path forward. 5. Number/type of haulers - Multiple haulers received 7 thumbs up, and single hauler received no support. 6. Mandatory or voluntary - Incentive based received 7 thumbs up, and mandatory received no support. 6.5.Work Session: Tract S Arcadian (Community Development Director Matt Pielsticker) Video Start Time: 02:31:55 Community Development Director Matt Pielsticker delivered a presentation and led a work session related to the Tract S Arcadian parcel. As this was discussed as a work session, no public comment was received, no motion was requested, and staff received feedback and direction to continue their work. Mayor Underwood asked staff to ensure the Town is given an access easement to Tract S. Councilor Thuon asked why this parcel is being offered, and was advised that the developer has identified it has limited development potential. He added that if the Town accepts the dedication, it should do so with wildlife considerations in mind to preserve the elk herd that migrates through there. Additional questions included understanding the impact of hiking trails on Tract S. Councilor Hardy wondered if hiker liability is increased in Town by incorporating this space and a trail on it to Avon's open space portfolio, adding she hikes it yearly and it is very slippery. Councilor Stanley wondered if this space could be accepted as a wildlife preserve. Councilor Brooks spoke favorably about the acceptance of the dedication. Councilor Carroll also spoke favorably of the acceptance and noted the advantages it offers the Town. After deliberations, Council directed Staff to proceed to accept the dedication of Tract S and incorporate this parcel into the open space portfolio as a benefit to Avon's community. 5 AVON REGULAR MEETING MINUTES TUESDAY MARCH 11, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6.6.Work Session: Vehicle Dwellers (Planner II Max Morgan) Video Start Time: 02:45:45 Planner II Max Morgan delivered a presentation and led a work session related to Vehicle Dwellers. As this was discussed as a work session, no motion was requested, and staff received feedback and direction. Councilor Thuon noted that vehicle dwellers are transient in nature, and rules and regulations should be mandatory to ensure that there are no registered sex offenders or criminals camping near the homes of tax paying residents in Avon. Town Manager Eric Heil indicated that Staff are not making a recommendation to allow vehicle dwellers to park and sleep on Town streets, and staff is simply reporting back on what Summit County is doing to regulate vehicle dwellers who park to sleep in their County, as directed by Council. Councilor Hardy commented that after the lengthy conversation during the last Council meeting, she believes the County should take lead in creating safe spaces for vehicle dwellers and working homeless to park and sleep safely in the County, since Avon is not capable of solving that issue on its own at a municipal level. She added that access to homeownership is limited, and the conversation is important. Mayor Pro Tern Carroll thanked the public for commenting on this issue. He highlighted that Avon is not criminalizing the unhoused, that public engagement is critical, and he looks forward to continuing this discussion for the public to really understand what Avon is doing to regulate camping in Avon. Councilor Brooks recommended that Staff contact Homeless Services Manager Monica Brutout with the Eagle County Housing and Development Authority's Bold Housing Moves program, to better understand homelessness services available in Eagle County. Mayor Underwood opened the floor to public comment, and Mr. Tim McMahon, resident of Avon, took the podium in person to acknowledge there are already vehicle dwellers living in Avon, and he suggested that the Town of Avon should propose that Eagle County consider a program for vehicle dwellers like the one launched in Summit County. 7. WRITTEN REPORTS 7.1.January 23rd Upper Eagle Regional Water Authority Meeting Summary (Mayor Underwood) 7.2.February 24th Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.3.February 20th CASE Committee Meeting Minutes (Special Events Coordinator Emily Dennis) 7.4.March 3rd Finance Committee Meeting Minutes (Chief Finance Officer Paul Redmond) 7.5.Ice Rink End of Season Recap (Recreation Director Michael Labagh) * * Indicates topic will be discussed at future agenda's t: AVON REGULAR MEETING MINUTES TUESDAY MARCH 11, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:10:04 Councilor Thuon spoke of the possibility that the Federal government will dismantle the Education Department, which facilitates a free lunch program at local schools. He invited the community to look at this and added that hungry and vulnerable children in the local schools will need protection, and this is a more pressing issue for the community than composting. Councilor Stanley invited the public to attend classes and workshops offered at the Vail Valley Art Guild at Avon, including one coming up on March 131h related to the 'Perspective in Artwork' mini workshop, and also invited the public to visit www.vvagco.org for more information on upcoming programing. Councilor Brooks spoke of his membership to the board of the Eagle River Coalition and invited the public to attend the 10th Annual Wild & Scenic Film Festival on April 3, 2025, at 5 p.m. in Riverwalk Theater in Edwards. Councilor Hardy also recommended the public to attend the film series. Mayor Underwood spoke of her attendance last week to the Colorado Association of Ski Towns legislative update meeting alongside Councilor Stanley and Town Manager Heil. She noted that Governor Jared Polis, Senator Dylan Roberts, and Will Toor, Executive Director of the State's Energy Office, were all present. She added that in relation to House Bill 25-1117 (Concerning the Regulation of Vehicle Immobilization Companies), she spoke to the Colorado Municipal League Legislative Specialist about the State's booting ban, and she asked that they advocate for Town Manager Heil's suggestion that the Bill should include a home rule municipality opt - out for those municipalities that have existing booting regulations in place such as in Avon. 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 8:17 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.highfivemedic.org. AVON REGULAR MEETING MINUTES TUESDAY MARCH 11, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks TO: Honorable Mayor Underwood and Council members A FROM: Eva Wilson, Engineering Director Avon RE: Adoption of IMTPR Bylaws DATE: March 16, 2025 c o L O H A D o SUMMARY: This Report provides background on the CDOT Planning process as related to the Intermountain Planning Region (IMTPR) and requests the Council adopt the IMTPR Bylaws. The IMTPR has an important role in the CDOT's planning and funding process and is a collaborative of local jurisdictions from Summit, Eagle, Garfield, Lake, and Pitkin counties that work in conjunction with CDOT to develop a regional transportation plan to be included as part of CDOT's state-wide transportation plan. As a voting member, the Town of Avon advocates for the Town, Eagle Valley, and regional transportation priorities. BACKGROUND: The Intermountain Transportation Planning Region Commission (IMTPR) is a collaborative of local jurisdictions from Summit, Eagle, Garfield, Lake, and Pitkin counties that work in conjunction with CDOT to develop a regional transportation plan to be included as part of CDOT's state- wide transportation plan. The IMTPR works to identify regional plan recommendations and priority projects that include transportation services, facilities, multimodal alternatives, safety, and fiscal needs that best align with available funds from CDOT. The IMTPR Bylaws provides the framework for how decisions are made collaboratively. • Responsible, in cooperation with the state and other governmental agencies, for carrying out necessary continuing, cooperative, and comprehensive transportation planning for the Intermountain Transportation Planning Region; for creating, amending, and updating Regional Transportation Plans; for recommending the priority for any transportation improvements planned for the region Keep records of its resolutions, transactions, contractual undertakings, findings, and determinations, which shall be public records. Distribution of state or federal funds. The IMTPR supported the US6 Safety and Mobility Project (Pedestrian Crossings) with $3M from the Multimodal Transportation and Mitigation Options Fund (MMOF grant). FINANCIAL CONSIDERATIONS: No financial impacts RECOMMENDATION: I recommend Council approve the IMTPR Bylaws as presented. PROPOSED MOTION: "1 move to adopt the Intermountain Transportation Planning Region's Bylaws." Thank you, Eva ATTACHMENT A: Intergovernmental Agreement - IMTPR Bylaws 970-390-2014 ewilson@avon.org Attachment A INTERGOVERNMENTAL AGREEMENT FOR A REGIONAL PLANNING COMMISSION FOR TRANSPORTATION PLANNING Intermountain Regional Planning Commission (IMRPC), representing the Intermountain Transportation Planning Region (IMTPR) THIS AGREEMENT made this eighteenth day of April 2025 by and among the following local governments in the Intermountain Transportation Planning Region: Eagle County Town of Avon Town of Eagle Town of Gypsum Town of Minturn Town of Red Cliff Town of Vail Garfield County Town of Carbondale City of Glenwood Springs Town of New Castle Town of Parachute City of Rifle Town of Silt Lake County City of Leadville Pitkin County City of Aspen Town of Basalt Town of Snowmass Village Summit County Town of Blue River Town of Breckenridge Town of Dillon Town of Frisco Town of Keystone Town of Montezuma Town of Silverthorne CORE Transit Roaring Fork Transportation Authority (RFTA) Participation in this agreement by each aforementioned party is made only upon execution of a Certificate of Participation. This Agreement is thereby executed in multiple Certificates of Participation, each of which shall constitute an original, but all of which, taken together, shall constitute the same document. WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually, and; WHEREAS, Section 43-1-1101 C.R.S. recognizes Regional Planning Commissions as the proper forum for transportation planning, and; WHEREAS, Section 43-1-1102(5) C.R.S. requires that Regional Planning Commissions formed for the purpose of transportation planning must be formed pursuant to Section 30-28-105 C.R.S., and; WHEREAS, the parties to this Agreement desire to cooperate in developing and maintaining a long range Regional Transportation Plan, the purpose of which is to identify the mobility needs of the Intermountain Transportation Planning Region, and prepare a plan for addressing the needs, and; WHEREAS, Section 43-1-1103 C.R.S. requires that any Regional Planning Commission formed for the purpose of transportation planning is responsible for regional transportation planning for said region, and; WHEREAS, the Intermountain Transportation Planning Region, consisting of the areas within the counties of Eagle, Garfield, Lake, Pitkin, and Summit was designated in the Rules Governing Statewide Transportation Planning Process and Transportation Planning Regions (2 CCR 601-22) as adopted by the Transportation Commission of Colorado and effective April 18, 2025, and; WHEREAS, the parties to this Agreement are governing bodies or officials having charge of public improvements within their jurisdictions in the Intermountain Transportation Planning Region. NOW, THEREFORE, the parties hereby mutually agree as follows: 1. Designation of Regional Planning Commission. The parties to this Agreement shall have one representative each on the Regional Planning Commission for the Intermountain Transportation Planning Region. 2. Responsibilities of Regional Planning Commission. The Regional Planning Commission shall be responsible, in cooperation with the state and other governmental agencies, for carrying out necessary continuing, cooperative, and comprehensive transportation planning for the Intermountain Transportation Planning Region; for creating, amending, and updating Regional Transportation Plans pursuant to all applicable federal and state laws and rules or regulations including public participation provisions; for recommending the priority for any transportation improvements planned for the region; for abiding by the Regional Planning Commission Bylaws and for participating in the State Transportation Improvement Program development process. The Regional Planning Commission shall keep records of its resolutions, transactions, contractual undertakings, findings, and determinations, which shall be public records. 3. Chairperson and Officers. The Regional Planning Commission shall elect its Chairperson and Vice Chairperson, whose terms shall be two years, with eligibility for reelection. The Chairperson, or the Vice Chairperson, shall be the representative of the Intermountain Transportation Planning Region on the State Transportation Advisory Committee (STAC). 4. Contracting. The Regional Planning Commission may, with the consent of the parties to this Agreement, contract the services of other eligible individuals or entities to carry out all or any portion of the responsibilities assumed by the Regional Planning Commission under this Agreement. 5. Distribution of state or federal funds. The Regional Planning Commission may, through contracts or Memoranda of Agreement, receive and expend state or federal funds designated for regional transportation planning. 6. Meetings must be held at least quarterly and shall be open to the public. Notice of the meeting shall be provided to its members and Contact List and posted on the TPR website no less than one week prior to the meeting. If the meeting provides a virtual option, the meeting link will be included in the public notice. 7. Quorum and Voting. Each member is entitled to one vote, either in person or via email. A quorum is required and shall be as determined by the Bylaws of the Commission. 8. Meeting Minutes and Agendas. The Commission is responsible for recording minutes of its meetings and posting them publicly on its website. The Commission's Administrator and Chairperson are responsible for creating the meeting agenda. The meeting agenda shall be posted on the Commission's website and distributed to members and interested parties on its TPR Contact List. 9. Terms of this Agreement. This Agreement shall remain in full force and effect for so long as the parties to this Agreement consider necessary to complete and maintain Regional Transportation Plans for the Intermountain Transportation Planning Region and for periodic updates or amendments as may be required. Any party to this Agreement may, however, terminate its participation in this Agreement 60 days after providing written notice of such termination to the other parties of this Agreement. This Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with the State. In this case, the State must approve such termination and arrangements for completing the project. 10. Modification and Changes. The terms of this Agreement may be modified at any time by agreement of all parties to this Agreement. CERTIFICATE OF PARTICIPATION IN THE INTERGOVERNMENTAL AGREEMENT FOR A REGIONAL PLANNING COMMISSION FOR TRANSPORTATION PLANNING Intermountain Transportation Planning Region (IMTPR) THIS is to certify that the Town of Avon has agreed to participate in this Intergovernmental Agreement for the Intermountain Regional Planning Commission. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above on page 1. Tamra Nottingham Underwood, Mayor Town of Avon ATTEST: Date: Miguel Jauregui Casanueva, Town Clerk Seal: Date: TO: Honorable Mayor Underwood and Council members FROM: Patti Liermann, Housing Planner RE: Housing Needs Assessment and Action Plan Update DATE: March 12, 2025 A Avon C 0 L 0 R A D 0 SUMMARY: This report provides Avon Town Council ("Council") with the draft Eagle River Valley Housing Needs Assessment Report and Regional Housing Action Plan. Council is welcome to provide comments which will be forwarded to the consultants. Council is not required to adopt this report. The goal is to work with the consultants to finalize the report by April. BACKGROUND: The Town of Avon ("Avon") successfully obtained a grant through the Department of Local Affairs ("DOLA") to conduct a Regional Housing Needs Assessment and Action Plan for the Eagle River Valley portion of Eagle County. The Town of Basalt works with Pitkin County on workforce housing matters. Each jurisdiction in the Eagle River Valley appointed delegates ("Housing Partners") to participate in bi- weekly meetings to discuss the Housing Needs Assessment and Regional Housing Action Plan. Avon is serving as the project administer and coordinating with Economic Planning Systems ("EPS"), the lead consultant. Funding Breakdown and Housing Partner financial contributions DOLA Grant $200,000 Town of Avon $ 8,000 Eagle County Government $ 8,000 Town of Vail $ 8,000 Eagle Valley Transportation Authority $ 10,000 Project Details: The Housing Needs Assessment and Regional Housing Action Plan is broken down into multiple subprojects that took place over the course of a year, commencing February 2024: 1. Outreach Community and employer surveys, focus groups, individual interviews. 2. Housing Needs Assessment Data from each jurisdiction, Eagle County, Multiple List Service, Census, American Community Survey, and assessor records. Includes building permit data, future housing projects, home sales, rental data, current jobs data, employment and wage data, and projections for jobs and population growth. 3. Action Plan & Final Report— March 2025: a) Final Report. EPS has provided the draft report to the Housing Partners. This report includes an executive summary highlighting key findings and recommendations and will be usable and accessible to multiple audiences including staff, elected officials, and the general public. Key data in the report will be used for future housing grant applications and to drive future housing policy. The final report may have minor edits determined by the Housing Partners but the contents will remain largely the same. Housing Needs Assessment and Regional Housing Action Plan Update March 25, 2025 Page 1 of 4 b) Housing Action Plan. Each Housing Partner will create their Local Housing Action Plan. Since no jurisdiction is exactly alike and each has individual needs, nuances, and direction from elected officials, these action plans will vary. Each Local Action Plan will feed up to the Regional Housing Action Plan which contains more broad commitments to supporting housing, from a regional approach. Both the Local and Regional Action Plans will be submitted to DOLA as part of the requirements of SB24-174. i) The guidance from DOLA for Action Plan content has not been published, Staff recommends approving the Town's Action Plan and submitting the plan, along with the Regional Plan to DOLA. In the event DOLA requires additional information within the Plans, Staff will return to Council. ii) The Housing Partners are individually presenting the Needs Assessment and Housing Action Plans to their jurisdictions. Since all jurisdictions have not fully agreed to the Regional Housing Action Plan yet, in the event the Housing Partners modify the Regional Housing Action Plan substantially, Staff will return to Council. SUMMARY OF HOUSING NEEDS: The following summary of housing needs includes both CURRENT housing needs and PROJECTED additional housing needs over the next 10 years. 1) Regional: The Eagle River Valley will need around 6,400 total units over the next 10 years, comprised of Existing Shortage and Projected Demand. a) There is a slightly higher need for rental than ownership. b) Components of Existing Shortage include overcrowding, temporary housing, in -commuting, and unfilled jobs. Existing Shortage demand is needed at all income levels. c) Components of Projected Demand include 10-year job growth, employees to households, and units to accommodate retirees. Projected Demand is needed most at 50%-120% AMI. ■ RegianaE ExistingSFmrtage MR-egional Projected geed rate whir, 1,40❑ 1,20❑ 1,000 800 600 400 200 " _ <2056 3095 5075 50V6,8OS5 9EN-1C 76 }200% 'ice: RaFmmic & "laiiniug SyAunu ALM1 Leyet Housing Needs Assessment and Regional Housing Action Plan Update March 25, 2025 Page 2 of 4 2) Town of Avon: SB24-174's housing by job's allocation shows Avon's net housing need is 1,594 units. a) Existing Need = 660 units (most needed at 50%-80% AMI) b) Projected Need = 934 units (most needed at 50%-120% AMI) c) Higher need for rental units below 100% AMI, Ownership need above 100% AMI Regional steed Allocatlon by Percent of Jobs Vail 6W 971 1.656 26% ,ova n 6&G 934 1,594 25% Eagle 413 585 999 16% -Gypsum 212 390 512 S% Minturn 39 5E 93 1% Red Cliff 3 5 8 0% other EagleCoun EM W& 1.512 Total 7,53$ 3,736 6,375 t00% Snurae: RRC AssodatEs. U.S. Census 9ureeu, CoioradG Dept d LE3bm & EnXkymerd, QCEW , Jo-hs E^., Emnornic & F'lann irg -Systems Tolal Units 400 350 300 250 200 150 100 50 i Avon Existing Shortage ■ Avon Protected Demand 0= MW ==WM 30% 304-50% 509G-80% 80%6 100% 100%.12Oryo 120r6-140% 140%6160rb 1T0%-180% 1s0%-200% >200% +�our�rkrorxxnK d6 Plamm� Lrnis i Lgwell B Housing Needs Assessment and Regional Housing Action Plan Update March 25, 2025 Page 3 of 4 Avon Qwnershlp Need ■ Avon Rerrrer Need tout unNs 400 - 350 300 2S0 Zoo 150 100 50 = M r� K 3096 309E-509G 5U%-M% WY&-100% IDD%-I . — '-'%,140% W%-i6M IW%-200% r 2CK)% AMI I rwvl 5wve {nnpmi�J6nldnnlryl5yslryns Housing Action Plan: Avon's Local Action Plan addresses Planning, Regulation, Funding, Development, and Programs for Community Housing. The goal is to deliver a total of 1,800 Community Housing units over the next 10 years; comprised of 1,200 new construction and 600 conversion of existing free market units. The Action Plan will be used in conjunction with the Avon Municipal Code, Avon's Comprehensive Plan, and the Avon Community Housing Plan. The Regional Housing Action Plan will identify areas for regional collaboration to meet regional housing goals. Each jurisdiction has different demands, resources, opportunities and community preferences for housing so each jurisdictions Housing Action Plan will be different. MANAGER COMMENTS: This Regional Housing Needs Assessment portrays a significant need for housing generated by the Town of Avon. That is not surprising with the expected development in the Village (at Avon) and potential redevelopment in the Town Core area. The housing demands generated by the Town of Avon are similar to Town of Vail and Unincorporated Eagle County, which collectively amount to 75% of the total housing demand. Avon's housing demand can be broken down to approximately 1,000 rental units and 600 ownership units. Achieving this quantity of Community Housing over the next 10 years will require significantly more financial resources than the current dedicated revenue streams for Avon's Community Housing Fund. Thank you, Patti Attachment A — Eagle River Valley Housing Needs Assessment Attachment B — Avon Housing Action Plans Housing Needs Assessment and Regional Housing Action Plan Update March 25, 2025 Page 4 of 4 ATTACHMENT A Economic & Planning (G%o Systems, Inc. The Economics of Land Use EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS DRAFT REPORT Prepared for: Eagle County Housing Partners Prepared by: Economic & Planning Systems, Inc. February 2025 EPS #233169 Table of Contents 1. Introduction and Summary of Findings 1 Summaryof Findings..................................................................................................................................................3 2. Demographic Trends 7 Population.....................................................................................................................................................................7 Households................................................................................................................................................................10 HouseholdIncome...................................................................................................................................................13 3. Economic Trends 15 Jobs..............................................................................................................................................................................15 Commuting................................................................................................................................................................18 4. Housing Inventory 21 HousingUnits............................................................................................................................................................ 21 HousingOccupancy................................................................................................................................................. 21 HousingTenure........................................................................................................................................................ 22 5. Housing Market Trends 25 HomeSales................................................................................................................................................................ 25 RentalHousing.......................................................................................................................................................... 33 Short -Term Rentals..................................................................................................................................................35 RecentDevelopment.............................................................................................................................................. 37 6. Housing Problems 39 Overcrowding........................................................................................................................................................... 39 TemporaryHousing................................................................................................................................................. 39 Homelessness........................................................................................................................................................... 40 AffordabilityAnalysis.............................................................................................................................................. 40 DisplacementRisk.................................................................................................................................................... 53 7. Housing Resources 57 ExistingHousing Programs.................................................................................................................................... 58 8. Outreach 63 StakeholderInterviews........................................................................................................................................... 63 FocusGroups............................................................................................................................................................ 64 Household and Employee Survey........................................................................................................................ 66 Methodology............................................................................................................................................................. 67 Analysis....................................................................................................................................................................... 68 Summary..................................................................................................................................................................... 82 Table of Contents (cont.) 9. Housing Development Challenges and Opportunities 83 DevelopmentChallenges....................................................................................................................................... 83 DevelopmentOpportunities................................................................................................................................. 83 10. Current and Projected Housing Needs 85 Summaryof Need.................................................................................................................................................... 85 Existing Housing Shortage (Catch Up)................................................................................................................87 Projected Housing Needs (Keep Up)................................................................................................................... 91 Needsby Jurisdiction.............................................................................................................................................. 96 Housing Continuum Framework........................................................................................................................101 11. Policy Programs and Recommendations 105 RegionalFramework..............................................................................................................................................105 LocalActions...........................................................................................................................................................105 List of Tables Table 1. Eagle County Population 2010-2022........................................................................................................7 Table2. Median Age, 2010-2022...............................................................................................................................8 Table 3. Hispanic/Latino Population, 2010-2022................................................................................................10 Table 4. Eagle County Households, 2010-2022..................................................................................................10 Table 5. Average Household Size, 2010-2022.....................................................................................................12 Table 6. Median Household Income, 2010-2022................................................................................................13 Table 7. Household Income by Source, 2010-2022............................................................................................14 Table 8. Eagle County Employment, 2010-2022.................................................................................................15 Table 9. Eagle County Top Employment Industries, 2010-2022.....................................................................16 Table 10. Eagle County Largest Occupations, 2024..............................................................................................17 Table 11. Eagle County Employees' Home Location, 2016.................................................................................18 Table 12. Eagle County Employees' Commute Length, 2016.............................................................................19 Table 13. Eagle County Housing Units, 2010-2022..............................................................................................21 Table 14. Units Occupied Year -Round, 2010-2022..............................................................................................22 Table 15. Households by Tenure, 2010-2022........................................................................................................23 Table 16. Housing Tenure, 2010-2022.....................................................................................................................24 Table 17. Sales by Type, 2015-2023.........................................................................................................................25 Table 18. Sales by Location, 2015-2023..................................................................................................................26 Table 19. Sales by Type, Non -Resort Areas, 2015-2023.....................................................................................26 Table 20. Median Sale Price by Location, All Areas, 2015-2023........................................................................28 Table 21. Median Sale Price by Location, Non -Resort Areas, 2015-2023.......................................................28 Table 22. Median Sale Price Growth, Non -Resort Areas, 2015-2023..............................................................29 Table 23. Median Price by Home Type, Non -Resort Areas, 2015-2023..........................................................30 Table 24. Median Price per Square Foot by Type and Location, Non -Resort Areas, 2015-2023..............32 Table 25. Median Rent by Location, 2010-2022....................................................................................................33 Table 26. Online Rental Listing Summary, 2024.....................................................................................................34 Table27. Per -Bedroom Rent, 2024...........................................................................................................................34 Table 28. Eagle County Residential Building Permits, 2015-2023....................................................................37 Table 29. Residential Units Permitted by Type, 2015-2023............................................................................... 38 Table 30. New Apartment Development, 2010-2024..........................................................................................38 Table 31. Eagle County Overcrowded Housing Units, 2022...............................................................................39 Table 32. Temporary Housing Situations, 2022.....................................................................................................40 List of Tables (cont.) Table 33. Maximum Affordable Rent by Income and Household Size..............................................................42 Table 34. Percent of Home Sales by Income Range, Non -Resort Areas, 2023..............................................45 Table35. Income by Tenure, 2021............................................................................................................................ 53 Table 36. Cost Burden, 2015-2022...........................................................................................................................54 Table 37. Population Aged 25 and Older without a High School Degree, 2022............................................ 54 Table 38. Households Speaking a Language other than English at Home, 2022........................................... 55 Table 39. Single -Parent Households, 2022..............................................................................................................55 Table 40. Housing Units Built Before 1970............................................................................................................. 56 Table41. Current Housing Tools................................................................................................................................ 57 Table42. Summary of Housing Need........................................................................................................................86 Table43. Housing Need by Source............................................................................................................................86 Table 44. Overcrowded Housing Units, Eagle County, 2022..............................................................................87 Table 45. Temporary Housing, Eagle County, 2024..............................................................................................88 Table 46. Housing Need Generated by In-Commuters.........................................................................................88 Table 47. Housing Need Generated by Unfilled Jobs...........................................................................................89 Table 48. Existing Housing Shortage by Category................................................................................................. 90 Table 49. Existing Housing Shortage by Income and Tenure.............................................................................. 90 Table 50. Current and Projected Jobs by Occupation.......................................................................................... 91 Table 51. Housing Demand from Employment Growth....................................................................................... 93 Table 52. Housing Demand Generated by Retiring Workers..............................................................................94 Table 53. Projected Housing Need Summary..........................................................................................................95 Table 54. Gross Needs and Gaps Summary............................................................................................................. 96 Table 55. Jobs Distribution by Location, 2023.......................................................................................................96 Table 56. Gross Needs by Jurisdiction......................................................................................................................97 Table 57. Affordable Housing Development Pipeline...........................................................................................98 Table 58. Development Pipeline by Tenure............................................................................................................. 99 Table 59. Net Needs and Gaps Summary.................................................................................................................99 Table 60. Allocated Net Need by AMI....................................................................................................................100 Table 61. Housing Needs and Preferences Continuum by Population Group..............................................101 Table 62. Current Housing Continuum by Type...................................................................................................102 List of Figures Figure 1. Eagle River Valley Sub Regions....................................................................................................................3 Figure2. Population by Age, 2022...............................................................................................................................8 Figure 3. Population by Age, 2010-2022...................................................................................................................9 Figure 4. Family/Non-Family Households, 2022...................................................................................................11 Figure 5. Hispanic/Latino Households by Type, 2022.........................................................................................12 Figure 6. Seasonal Employment by Industry, 2022...............................................................................................18 Figure 7. Households by Tenure, 2022....................................................................................................................22 Figure 8. Median Sale Price by Location, Non -Resort Areas, 2015-2023.......................................................29 Figure 9. Median Price per Square Foot by Location, Non -Resort Areas, 2015-2023................................30 Figure 10. Median Sale Price by Type, Non -Resort Areas, 2015-2023.............................................................31 Figure 11. Eagle County STRs, 2017-2022............................................................................................................... 35 Figure 12. Short-term Rentals by Location, 2022....................................................................................................36 Figure 13. Residential Building Permits by Area, 2015-2023...............................................................................37 Figure 14. Rental Affordability by Bedrooms for Median Income, 2022...........................................................43 Figure 15. Rental Affordability by Bedrooms for Median Wage, 2022..............................................................44 Figure 16. Affordable Home Prices by AM and Household Size, Non -Resort Areas, 2023.........................46 Figure 17. Affordability Gap by Community, Non -Resort Areas, 2023..............................................................47 Figure 18. Affordability Gap by AMI and Community, Non -Resort Areas, 2023............................................48 Figure 19. Affordability by Home Type, Non -Resort Areas, 2023......................................................................49 Figure 20. Homeownership Affordability by Median Wage, 2022..................................................................... 50 Figure 21. Wage Earners Required to Afford Median Sale Price, Non -Resort Areas, 2023......................... 51 Figure 22. Affordability Gap, Non -Resort Areas, 2015-2022............................................................................... 52 Figure 23. Households by Tenure, 2022.................................................................................................................... 53 Figure 24. Deed Restricted Program Affordability by AMI, 2015-2023............................................................61 Figure 25. Deed Restriction Affordability by Wages, 2015-2023.......................................................................62 1. Introduction and Summary of Findings The Eagle County Housing Partners is a group of local governments in Eagle County who are collaborating on solutions to affordable housing challenges in the Eagle River Valley. The group is comprised of the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail, and Eagle County. This Housing Needs Assessment (HNA) was prepared to provide information and analysis on the types of affordable housing needed in Eagle County and the extent of housing needed to address economic, social, and environmental challenges related to the high cost of housing in this region. The work was comprised of five major tasks described below. This HNA document is intended to meet the requirements of Senate Bill 174 that defines the requirements for HNAs that local governments are required to prepare to be eligible for certain state funding programs • Household survey - A mail -out and online survey of 2,749 households in Eagle County and surrounding commute areas in Lake and Summit Counties. The survey covered topics including housing costs, housing challenges, housing preferences, and demographic and labor force characteristics. • Employer survey - An online survey of 183 businesses in Eagle County. The survey covered business conditions, employee recruitment and retention topics, and opinions on housing and housing solutions. • Focus groups - EPS, in partnership with Habitat for Humanity Vail Valley, conducted focus groups of residents representing key community sectors such as residents living in deed -restricted housing, mobile home residents, and people who commute long distances. • Market and affordability analysis - A thorough analysis of demographics, the economy, wages, the housing stock, and housing costs to identify gaps in the housing market for the local workforce and full time residents. • Housing needs projections - An estimate of the housing needed over the next 10 years to catch up with current housing gaps and keep up with the housing needed due to economic growth. Economic & Planning Systems, Inc. 1 Introduction and Summary of Findings EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Report Outline This report is presented in 12 chapters following this introduction: 1. Introduction and Summary of Findings 2. Demographic Trends - Describes the population and other characteristics of Eagle County. 3. Economic Trends - Covers the economic base, trends in jobs and industries, and wages. 4. Housing Inventory - Describes the housing inventory in Eagle County by area. 5. Housing Market Trends - Presents and analyzes data on for -sale and rental housing costs throughout the Eagle River Valley. 6. Housing Problems - Discusses issues such as cost and housing security identified in the survey and outreach process. Also shows how housing costs compare to household incomes and wages in key industries. 7. Housing Resources - Summarizes the major housing programs in each Partner jurisdiction. 8. Outreach - Documents the key findings from the focus groups, stakeholder interviews, and the household and employee surveys. 9. Housing Development Challenges and Opportunities - Identifies the barriers to building affordable housing in the region, and opportunities from local resources and programs. 10. Current and Projected Housing Needs - This chapter shows in detail the components of housing need estimated for the next 10 years. 11. Policy Programs and Recommendations - (pending local action plans) Study Area and Subareas This study covers the Eagle River Valley area of Eagle County - Basalt and other areas within the Roaring Fork Valley are not included. Data is analyzed at multiple levels, including the overall valley/county (note that when "Eagle County" is used, it is referring to the Eagle River Valley as outlined above), individual jurisdictions, and sub -regions. Sub -regions are defined as: • Upper Valley: Vail, Minturn, Red Cliff • Mid -Valley: Avon, Edwards, Beaver Creek (when data is available) • Down -Valley: Eagle, Gypsum, Dotsero (when data is available) Economic & Planning Systems, Inc. 2 Introduction and Summary of Findings EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 1. Eagle River Valley Sub Regions 0 er8y Mesa Merry W!Il�am Prr12Y FarF Ridge IAc vole! LIE HO/sP cfeenaofn VAa unfa�n '`'�. s"If Movn [a in �, own —Valley f a�hP � -[rim F� EPNaNs 1==1 Eaglc nv0n vaii \mil the Seven Mid— Valley wale [ r ea.na��aenle Mo�noa�� Maen lain FWfoN os/f El,�PE Upper -Valley _ eamn rmn9Na., x„�, C yof [ayle. Fsii. Tomb m. G��.i��h FAO. IIEfi/NASA. USGS, � - �+PS. dSfawS _ 0 2 4 B 12 16 Miles Summary of Findings 1. The upper valley, mid valley, and down valley communities have different characteristics and roles in the regional housing landscape, and a diverse set of strategies will be needed to best address regional housing needs. Demographic and economic profiles vary widely throughout the county, with jobs and tourism activity concentrated up -valley (east) closer to Vail, Avon, and Beaver Creek. The population and workforce are increasingly moving down -valley where housing costs are somewhat lower. As a result, home prices and real estate markets differ dramatically between communities and a wide range of strategies and policies are needed to be calibrated to each community's unique context. 2. Resorts and tourism heavily influence the housing market in the county. About 40 percent of all housing units are vacant as second homes or vacation rentals. Second home buyers from outside the county compete with Eagle County residents for market -rate housing and often outbid locals. Second and vacation home buyers effectively set the market price well above what the local workforce and other full-time residents can afford. The influence of external buyers means that most housing solutions must include deed restriction programs to limit outside buyers' ability to purchase homes in the county. Economic & Planning Systems, Inc. 3 Introduction and Summary of Findings EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS 3. The county's population is growing slowly, with growth concentrated in down - valley communities. Population growth is slow due in part to the difficulty of finding affordable housing. Most population growth is occurring down -valley (west) in areas with more accessible housing and a larger supply of developable land. 4. The population is aging, mirroring broader trends across the state and the country. The median age has increased countywide in recent years and is as high as 49 years in Vail. Eagle County must consider the unique housing needs of an aging population. In addition, the aging of the population is likely to contribute to workforce and housing shortages. 5. Younger population and families and increasing in down -valley communities. While the county population is aging overall, down -valley communities have lower median age and higher youth populations than other Eagle County communities. Down -valley communities also have more family households that prefer larger housing units. 6. Workers commute long distances in Eagle County, and about 10 percent of Eagle County employees are in -commuters. One -quarter of people who work in Eagle County commute 30 minutes or more to work. At highway speeds, these commutes can be distances of roughly 30 to 50 miles each way. The roughly 10 percent of people who commute from outside Eagle County, particularly from neighboring Summit and Lake Counties face high mountain passes that are dangerous in winter conditions (and sometimes year-round). 7. While Recreation, Retail, Construction, and Accommodation/Food remain the largest employment industries, the biggest employment growth between 2010 and 2022 was in the Health Care and Social Assistance and Administrative and Support sectors. The tourism driven sectors of recreation, retail, construction, and accommodations/food services have traditionally been the cornerstones of Eagle County's resort economy. The recent growth of Health Care and Social Assistance points to an aging population as well as the growth of Vail Health. The Administrative and Support sector includes maintenance and property management jobs that are key to keeping second homes and vacation rentals in good condition. Economic & Planning Systems, Inc. 4 Introduction and Summary of Findings EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS 8. The median household income in Eagle County is around $100,000 per year. However, 6 of the 10 largest occupations in the county have median wages below $50,000/year. Household income data in Eagle County is an overestimate of residents' true earnings, particularly for residents in lower -wage jobs in Eagle County's largest sectors. Food and beverage workers, retail sales workers, building cleaning workers, and cooks and food preparation workers all have a median wage of under $40,000 per year. 9. The median home sale price has increased dramatically in Eagle County, especially since 2019. In 2023, the median home price in Eagle County was over $1.3 million overall and over $1 million in non -resort areas. Even when upscale resort areas are excluded, median home prices grew by 15.2 percent annually between 2019 and 2023. 10. In some cases, homeownership is unaffordable for households earning over 300% AMI. The median non -resort home price in Eagle County of $1,055,000 is unaffordable for households making below 230% AMI. In some communities, the median non -resort home requires an income of 330% AMI to purchase. 11. When affordability is considered in terms of median wages, there is a need to work between 3.7 and 7.5 jobs to afford to buy the median -priced non -resort home in a community. Affordability by wages reflects the number of jobs a household needs in order to afford a home. In all Eagle County communities, a household must have more than three full-time jobs at median wage to afford the median -priced home. 12. Rent data is challenging to capture; while available data shows that rent growth has not been as dramatic as growth in sale prices, interview and focus group feedback indicate a tight and volatile rental market. Focus group participants reported being unable to find affordable units throughout the county, being forced to move unexpectedly due to personal or economic circumstances and living in overcrowded rentals due to high prices. Property managers described being inundated with requests whenever a unit is listed and have been able to raise prices repeatedly in recent years. Economic & Planning Systems, Inc. 5 Introduction and Summary of Findings EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS 13. Affordability metrics indicate the challenges of living in a 1-person household in the county. 1-person households struggle to find an affordable place to live in the rental or ownership markets. A single earner at median wage cannot afford typical Eagle County rent of $1,500/bedroom. 14. Eagle County residents are at risk of displacement due to housing age and type, cost burden, and other factors. A displacement risk assessment indicates that many Eagle County residents may be at risk of displacement. Residents in older homes or mobile homes, as well as those who speak Spanish, lack a high school degree, and have a single - parent household are more likely to be displaced. 39 percent of Eagle County residents are cost -burdened, meaning they pay more than 30 percent of their income in housing costs. 15. There are many existing housing resources in Eagle County and the community does not have to start from scratch when designing housing solutions. Eagle County has many existing housing resources, including deed -restriction programs, Habitat for Humanity Vail Valley, rental assistance programs, and employee housing. 16. Eagle County has a gross housing need of 6,375 units, with about half of net need located in Vail and Avon. 2,638 units are needed to address the existing housing shortage in the county and 3,736 units are needed to address the project housing need over the next 10 years. Three-quarters of the total housing need is for rental units. Based on jobs distribution, 26% of housing needs are in Vail and 25% are in Avon. 17. Upcoming affordable and community housing developments in Eagle County can offset some of the housing need. There are 703 units currently under construction in Eagle County that offset some of existing housing need and an additional 632 entitled units that offset projected housing need. Once the development pipeline has been netted out, the total net housing need in Eagle County is 5,040 units. 18. Existing programs are not sufficient to address all needs on the housing continuum. Housing needs differ by age, life stage, income, family status, and many other factors. Current programs do not meet demonstrated needs throughout the entire housing continuum. Economic & Planning Systems, Inc. 6 Introduction and Summary of Findings 2. Demographic Trends Population Eagle County grew slowly between 2010 and 2022, with 0.5 percent average annual growth. Most population growth occurred down -valley in Eagle and Gypsum. Eagle County had 55,300 residents in 2022, an increase of 3,200 since 2010. As shown in Table 1, Eagle and Gypsum together accounted for 76 percent of net population growth in the county over this time, as other communities lost population. Outside of Eagle and Gypsum, the remainder of growth took place in the unincorporated county. Table 1. Eagle County Population 2010-2022 Vail 5,285 5,113 4,804 -481 -40 -0.8% Minturn 1,027 1,007 1,025 -2 0 0.0% Red Cliff 266 237 254 -12 -1 -0.4% Avon 6,422 5,972 5,978 -444 -37 -0.6% Eagle 6,483 6,847 7,488 1,005 84 1.2% Gypsum 6,472 6,961 7,927 1,455 121 1.7% Basalt (part) 2,917 2,674 2,909 -8 -1 0.0% Unincorp. Area 23,185 23,970 24,906 1,721 143 0.6% Eagle County Total 52,057 52,781 55,291 3,234 270 0.5% Source: Colorado State Demographer's Office, Economic & Planning Systems The median age across the county has increased since 2010. The population down -valley is younger than the population up -valley. The median age countywide was 38.3 years in 2022, approximately the same as the statewide median of 37.7 years. The median age has increased since 2010, with increases ranging from 1.3 years in Eagle to 14.1 years in Vail. As shown in Table 2, the median age in down -valley communities is lower than in upper -valley communities, with a 10.6 year difference in the median age between Vail (49.1 years) and Gypsum (38.5 years). Economic & Planning Systems, Inc. 7 Demographic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 2. Median Age, 2010-2022 Eagle County 34.0 35.6 38.3 1.6 2.70 Vail 35.0 40.2 49.1 5.2 8.90 Minturn 36.1 41.5 38.1 5.4 -3.40 Red Cliff 38.5 40.3 42.6 1.8 2.30 Avon 31.1 31.4 34.8 0.3 3.40 Edwards 34.9 34.2 37.5 -0.7 3.30 Eagle 33.8 36.0 35.1 2.2 -0.90 Gypsum 31.3 36.3 38.5 5.0 2.20 Source: U.S. Census Bureau, Economic & Planning Systems Young people make up a greater share of the population in down -valley communities, which aligns with broader trends of mountain "host towns" becoming older and more affluent. In Eagle and Gypsum the population under age 25 accounts for 39 percent and 34 percent of the population, respectively, while this group accounts for less than 20 percent of the population in Vail, as shown in Figure 2. This aligns with trends of larger household sizes and more family households down -valley, as will be shown below. Figure 2. Population by Age, 2022 Percent of Population 0% 20% 40% 60% 80% 100% Eagle County Vail Minturn Red Cliff Avon Edwards Eagle Gypsum Source: Economic & Planning Systems, US Census ■ Under 25 ■25-44 r45-64 ■ 65 and over Economic & Planning Systems, Inc. 8 Demographic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS The population over age 65 in Eagle County has increased since 2010, both in absolute numbers and as a share of the population. Between 2010 and 2022 the share of the population age 65 and older increased from 6 percent to 14 percent. As shown in Figure 3, at the same time the population under age 45 decreased from 69 percent of the population to 59 percent. Figure 3. Population by Age, 2010-2022 populaton 65 and older ■ Under 25 years 25 - 44 years 45 - 64 years ■ 65 years and over 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 2010 Source: US Census, Economic & Planning Systems 2015 2022 The share of population that identifies as Hispanic/Latino has remained at about 30 percent of the county population since 2010. While remaining a consistent share of the population, this group has moved within the county over this time. As shown in Table 3, between 2010 and 2022 the share of Hispanic/Latino population increased down -valley in Gypsum and Eagle, increasing from 45 percent of the population in Gypsum to 59 percent and from 22 percent of the population in Eagle to 27 percent. At the same time, the Hispanic/Latino share of the population decreased in mid- and upper -valley communities. Economic & Planning Systems, Inc. 9 Demographic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 3. Hispanic/Latino Population, 2010-2022 Share Hispanic or Latino (any race) Eagle County 30% 30% Vail 7% 3% Minturn 34% 28% Red Cliff 38% 50% Avon 49% 44% Edwards 31 % 34% Eagle 22% 18% Gypsum 45% 46% 30% 30% 29% 0% -1 % 6% 10% 3% 4% 0% 16% 22% 20% -6% -8% 43% 25% 26% 12% -24% 40% 39% 33% -5% -11 % 39% 34% 31 % 3% -3% 28% 19% 27% -5% 10% 35% 49% 59% 1% 13% Source: U.S. Census Bureau, Economic & Planning Systems Households Similar to population, year-round households in the county grew slowly from 2010 to 2022, with an annual growth rate of 0.4 percent. Eagle County had just over 20,000 households in 2022, an increase of 848 households since 2010. As shown in Table 4, household growth was higher down - valley than in other areas of the county. Eagle and Gypsum together accounted for 62 percent of net household growth in the county over this time, while most upper- and mid -valley communities lost year-round households. Table 4. Eagle County Households, 2010-2022 Occupied Housing Units Vail 2,604 2,380 2,370 -234 -20 -0.8% Minturn 420 386 386 -34 -3 -0.7% Red Cliff 117 91 121 4 0 0.3% Avon 2,321 2,213 2,245 -76 -6 -0.3% Edwards 3,642 3,227 3,824 182 15 0.4% Eagle 2,183 2,089 2,370 187 16 0.7% Gypsum 2,009 1,963 2,351 342 29 1.3% Other 5,940 5,491 6,417 477 40 0.6% Eagle County 19,236 17,840 20,084 848 71 0.4% Source: U.S. Census Bureau, Economic & Planning Systems Economic & Planning Systems, Inc. 10 Demographic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS In Eagle County, approximately two-thirds of households are family households but the split of family/non-family households varies across the county. The Census Bureau classifies households as "family" (related household members) and "non -family" (unrelated household members such as roommates). As shown in Figure 4, down -valley communities have a higher share of family households than mid- or upper -valley communities. Eagle and Gypsum have 74 percent and 78 percent family households, respectively, while fewer than half of households in Vail are family households, which is typical of resort communities (in comparison, Aspen has 42 percent family households and Telluride has 46 percent). Figure 4. Family/Non-Family Households, 2022 Percent of Households 0% 20% 40% 60% so% Eagle County Vail Minturn Red Cliff Avon Edwards Eagle Gypsum Source: Economic & Planning Systems, US Census ■ Family Non -Family Households are generally larger down -valley, aligning with other housing and population trends. Household size is both an indicator of housing demand (size of unit) as well as affordability (how many working people are needed in a household to afford housing). As shown in Table 5, upper- and mid -valley communities saw an increase in average household size from 2010-2015 and a decrease from 2015- 2022, while down -valley communities have seen a consistent increase in average household sizes since 2010. 100% Economic & Planning Systems, Inc. 11 Demographic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 5. Average Household Size, 2010-2022 Eagle County 2.71 2.94 2.77 Vail 2.04 2.23 2.04 Minturn 2.45 2.72 2.53 Red Cliff 2.28 3.07 2.41 Avon 2.78 2.90 2.72 Edwards 2.82 3.03 2.80 Eagle 2.96 3.11 3.12 Gypsum 3.22 3.41 3.53 Source: U.S. Census Bureau, Economic & Planning Systems The characteristics of Hispanic/Latino households in the valley vary compared to the overall population. As shown in Figure 5, among Hispanic/Latino households 75 percent are family households, compared to 64 percent of households overall. These characteristics also vary by location - for example, in Vail there is a smaller share of Hispanic family households than family households overall (26 percent Hispanic/Latino family households compared to 43 percent overall family households). Figure 5. Hispanic/Latino Households by Type, 2022 Percent of Households 0% 20% 40% 60% 80% 100% Eagle County Vail Minturn Red Cliff Avon Edwards Eagle Gypsum Source: Economic & Planning Systems, US Census ■ Family Household ■ Nonfamily household Economic & Planning Systems, Inc. 12 Demographic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Household Income Median household income in Eagle County is approximately $100,000 and has increased significantly since 2010. Census data and survey data both show median household income between approximately $100,000 and $110,000. As shown in Table 6, incomes are highest in Minturn and Eagle, and lowest in Red Cliff. Census data indicates that household income grew much faster from 2015 to 2022 (increasing at an average of 4.6 percent per year) than from 2010 to 2015 (when it increased at an average of 0.2 percent per year). This data accounts for total household income (all earners, all income sources), and is not equivalent to salary or wages. This increase may be reflective of higher -earning households moving into the county, households having more wage earners (e.g., more roommates) or more jobs per person, increased wages, and inflationary and cost of living factors. Table 6. Median Household Income, 2010-2022 Description 2010 Eagle County $71,337 $72,214 $98,887 $877 $175 0.2% I $26,673 $3,810 4.6% Vail $64,859 $67,833 $96,667 $2,974 $595 0.9% $28,834 $4,119 5.2% Minturn $74,891 $63,947 $103,333 -$10,944 -$2,189 -3.1% $39,386 $5,627 7.1% Red Cliff $54,750 $68,125 $74,688 $13,375 $2,675 4.5% $6,563 $938 1.3% Avon $51,781 $48,022 $85,817 -$3,759 -$752 -1.5% $37,795 $5,399 8.6% Edwards $83,261 $74,347 $89,399 -$8,914 -$1,783 -2.2% $15,052 $2,150 2.7% Eagle $72,138 $78,066 $101,373 $5,928 $1,186 1.6% $23,307 $3,330 3.8% Gypsum $71,932 $88,698 $99,726 $16,766 $3,353 4.3% $11,028 $1,575 1.7% Source: U.S. Census Bureau, Economic & Planning Systems Since 2010, wages have declined as a share of personal income in Eagle County, while investment income has increased as a share of income. The composition of household income indicates the nature of current conditions and change in a community. Income typically comes from three sources - wage & salary (i.e. a paycheck), investments (stocks, bonds, real estate, etc.), and transfer receipts (government benefits, such as social security). As shown in Table 7, since 2010 wages have declined as a share of personal income, from 61 percent to 53 percent. At the same time, investment income has increased from 32 percent to 41 percent, while transfer receipts have remained stable. Economic & Planning Systems, Inc. 13 Demographic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS This trend indicates that new residents may not be working in the county, and/or may not be relying on employment for their income. Additionally, an increase in the share of income from transfer receipts is often seen in communities with an aging population. The absence of this trend in Eagle County indicates that the area's aging population is either still working, or relying on investment income and not receiving significant government benefits. Table 7. Household Income by Source, 2010-2022 Wage & Salary 61 % 57% 53% Investment Income 32% 37% 41 % Transfer Receipts 7% 6% 6% Total 100% 100% 100% Source: Bureau of Economic Analysis; Economic & Planning Systems Economic & Planning Systems, Inc. 14 Demographic Trends 3. Economic Trends Jobs Eagle County has seen 24 percent job growth since 2010, with the biggest growth in Administrative & Support Services and Health Care & Social Assistance jobs. Eagle County had 34,000 jobs in 2022, an increase of 6,500 jobs since 2010. As shown in Table 8, nearly half that growth was in Administrative and Support and Waste Management and Remediation Services (a sector comprised of businesses performing routine support activities for the day-to-day operations of other organizations, including office administration, maintenance, security and surveillance services, cleaning, and waste disposal services), and Health Care and Social Assistance. Table 8. Eagle County Employment, 2010-2022 Industry Accommodation and Food Services 6,676 7,272 596 0.7% 9.1% Retail Trade 2,994 3,507 513 1.3% 7.8% Construction 2,666 3,464 798 2.2% 12.2% Arts, Entertainment, and Recreation 3,434 3,419 -15 0.0% -0.2% Health Care and Social Assistance 1,856 3,394 1,538 5.2% 23.4% Administrative and Support Services 1,354 2,909 1,555 6.6% 23.7% Real Estate and Rental and Leasing 1,360 1,674 314 1.7% 4.8% Public Administration 1,413 1,585 172 1.0% 2.6% Educational Services 1,279 1,522 243 1.5% 3.7% Professional and Technical Services 1,032 1,462 430 2.9% 6.6% Other 3,397 3,814 417 1.0% 6.4% Eagle County Total 27,461 34,022 6,561 1.8% 100% Source: Colorado Department of Labor and Employment, Economic & Planning Systems Employment is comprised of 70 percent wage & salary jobs and 30 percent proprietors. There are more jobs in the county than the working -age population, indicating a need for multiple job -holding and in -commuting. There are approximately 34,000 wage & salary jobs and 15,000 proprietors in the county, and 32,400 working -age residents between 25 to 64 years old. The resident survey indicates that within the county, residents have an average of 1.3 jobs per person, and there are 1.7 employees per household. Economic & Planning Systems, Inc. 15 Economic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS The 5 largest employment sectors in the county combine for 60% of all employment and have remained the county's core employment industries since 2010. As shown in Table 9, the top 5 employment sectors in the county are accommodation and food services (21 percent of jobs), retail (10 percent), construction (10 percent), arts, entertainment, & recreation (10 percent), and health care (10 percent). Table 9. Eagle County Top Employment Industries, 2010-2022 Description 11111 Accommodation and Food Services 24% 24% 21% Retail Trade 11 % 11 % 10% Construction 10% 10% 10% Arts, Entertainment, and Recreation 13% 13% 10% Health Care and Social Assistance 7% 7% 10% Administrative and Support Services 5% 6% 9% Real Estate and Rental and Leasing 5% 5% 5% Public Administration 5% 5% 5% Educational Services 5% 4% 4% Professional and Technical Services 4% 4% 4% Other 12% 12% 11 % Eagle County Total 100% 100% 100% Source: Colorado Department of Labor and Employment, Economic & Planning Systems The county's largest employment sectors grew more slowly than overall employment, but total jobs in those sectors remain stable. As shown in Table 8 and Table 9, the county's top employment sectors have remained stable since 2010, with Accommodation & Food Services, Retail Trade, Construction, and Arts, Entertainment & Recreation providing approximately half of all jobs. The share of jobs in these industries has remained relatively constant since 2010, despite slower growth in Accommodation and Food Services, Retail Trade, and Arts, Entertainment, and Recreation than overall employment. The largest occupations in Eagle County are food and beverage service, construction trades, and retail sales. Occupation data is another way to analyze employment, focusing on the types of jobs people hold rather than the industry. As shown in Table 9, the top 10 occupations account for half of jobs in the county. The median wages for these occupations range from $37,000 for food and beverage serving (the top occupation, with over 3,000 jobs) to $112,800 for healthcare diagnosing or treating (the 81" largest occupation, with over 1,200 jobs). While the overall median wage for all occupations in Eagle County is $52,900, six of the top 10 occupations have median wages of below $50,000 per year. Economic & Planning Systems, Inc. 16 Economic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 10. Eagle County Largest Occupations, 2024 Food and Beverage Serving Workers 3,010 $31,700 $37,000 $50,600 Construction Trades Workers 2,446 $42,500 $56,900 $68,400 Retail Sales Workers 2,265 $33,800 $40,700 $48,600 Building Cleaning and Pest Control Workers 1,655 $34,200 $41,000 $47,100 Cooks and Food Preparation Workers 1,584 $34,500 $40,500 $48,100 Business Operations Specialists 1,514 $48,400 $76,400 $101,400 Information and Record Clerks 1,456 $36,400 $44,200 $52,500 Healthcare Diagnosing or Treating Practitioners 1,211 $82,700 $112,800 $187,100 Other Management Occupations 1,167 $72,700 $112,500 $145,600 Grounds Maintenance Workers 1,104 $39,400 $49,300 $54,400 Top Ten Occupations (Average) 17,413 $37,357 $48,100 $59,529 Source: JobsEQ, Economic & Planning Systems Eagle County has a seasonal economy. However, seasonal trends have become less pronounced since 2010. Employment in Eagle County is highest during the winter months (December to April), with an additional smaller peak in the summer. Seasonal trends have become less pronounced since 2010 - while there are still winter and summer peaks in employment, the difference between "high" season and "low" season has been decreasing. Seasonal peaks and differences vary by industry, with those most tied to tourism and recreation seeing the highest winter employment. As shown in Figure 6, sectors tied to the ski industry, including accommodation & food services and arts, entertainment & recreation see peak winter employment, while sectors that rely on outdoor work, including construction and administrative & support services (which includes jobs such as landscaping) see peak summer employment. Economic & Planning Systems, Inc. 17 Economic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 6. Seasonal Employment by Industry, 2022 # of employees 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 ■ Winter Employment Summer Employment Accommodation and Retail Trade Construction Food Services 3,435 "0,03,239 Arts, Entertainment, and health Care and Social Administrative and Recreation Assistance SupportServices Source: Colorado Department of Labor and Employment, Economic & Planning Systems Commuting While up-to-date commuting data is limited, available data indicates that most Eagle County employees live in Eagle County. Multiple data sources were analyzed to understand commuting patterns in the Valley. Based on the US Census Transportation Planning Package, which best reflects likely conditions in the area, 88 percent of employees in Eagle County are Eagle County residents. While the most recent data is from 2016, commuting trends have remained relatively stable based on other data sources including survey data. Table 11. Eagle County Employees' Home Location, 2016 Total Eagle County Employees 30,582 Living and Working in Eagle County 26,925 88.0% Commuting into Eagle County 3,657 12.0% In -Commuter Source Garfield County 1,380 4.5% Lake County 490 1.6% Summit County 260 0.9% Other 1,527 5.0% Source: CTPP, Economic & Planning Systems Economic & Planning Systems, Inc. 18 Economic Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS About 12 percent of Eagle County jobs are filled by in -commuters. The most common source of in -commuters were Garfield, Lake, and Summit counties, making up 7 percent of Eagle County employees in 2016. The remaining 5 percent of employees includes some long-distance commuters who travel to Eagle County from farther places in Colorado and remote workers living outside Eagle County but employed by an Eagle County business. As of 2016, three-quarters of Eagle County employees commuted 30 minutes or less. About 40 percent of Eagle County employees had commutes of 15 minutes or less and another 35 percent traveled between 15 and 30 minutes. Only 5 percent of employees had commutes of 1 hour or more, indicating that in -commuters from other counties may not travel far within Eagle County (i.e., commuters from Summit County may work in Vail and commuters from Garfield County may work in Gypsum). Residents may also have long intra-county commutes travelling from one side of Eagle County to another for work. It is important to note that these figures are 2012-2016 averages and have likely changed with the rise of remote work and the population shift down -valley since the COVID-19 pandemic. Table 12. Eagle County Employees' Commute Length, 2016 Total Eagle County Employees 30,582 Working from home 2,592 8.5% Commuting to work 27,990 91.5% Commute length for workers commuting to work Less than 15 minutes 11,010 39.3% 15 - 29 minutes 9,645 34.5% 30 - 59 minutes 5,725 20.5% 60 minutes or more 1,610 5.3% Source: CTPP, Economic & Planning Systems Economic & Planning Systems, Inc. 19 Economic Trends THIS PAGE INTENTIONALLY LEFT BLANK 4. Housing Inventory Housing Units Eagle County saw housing growth in all communities from 2010 to 2022, despite population losses up -valley. Eagle County had 34,300 housing units in 2022, an increase of just over 3,500 since 2010. Avon, Eagle, and Gypsum accounted for 57 percent of that growth, with those communities adding 2,000 units over that time. Housing growth in the unincorporated county accounted for another 23 percent of overall growth. As shown in Table 13, housing growth continued up -valley despite these communities losing residents, an indication that these new units are likely second homes and vacation rentals. Table 13. Eagle County Housing Units, 2010-2022 Housing Units Vail 6,974 7,138 7,331 357 30 0.4% Minturn 523 532 566 43 4 0.7% Red Cliff 118 126 139 21 2 1.4% Avon 3,483 3,519 4,175 692 58 1.5% Eagle 2,456 2,503 2,796 340 28 1.1% Gypsum 2,207 2,322 3,177 970 81 3.1% Basalt (part) 1,318 1,320 1,593 275 23 1.6% Unincorp. Area 13,731 13,903 14,556 825 69 0.5% Eagle County Total 30,810 31,363 34,333 3,523 294 0.9% Source: Colorado State Demographer's Office, Economic & Planning Systems Housing Occupancy Housing occupancy rates vary throughout the valley, with higher occupancy in down -valley communities, indicating that year-round residents are more common down -valley. An occupied housing unit is equivalent to a household. In a community like Eagle County, the occupancy rate provides an indication of second homeownership (how many units are not occupied year-round). In 2022, the county had an overall occupancy rate of approximately 60 percent - about 20,000 households and 34,000 housing units. As shown in Table 14, occupancy patterns vary throughout the valley. Nearly all housing units down -valley are occupied by year-round households, with Eagle and Gypsum having occupancy rates of over 90 percent. Economic & Planning Systems, Inc. 21 Housing Inventory EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS In Vail, only one-third of housing units are occupied by year-round households, indicating a significant portion of second homes and/or vacation rentals. From 2010 to 2022, the percent of units occupied year-round decreased the most in Minturn (from 80 percent to 69 percent) and Avon (from 64 percent to 56 percent). Table 14. Units Occupied Year -Round, 2010-2022 Eagle County 61% 57% 61% Vail 36% 33% 33% Minturn 80% 73% 69% Red Cliff 83% 75% 81% Avon 64% 55% 56% Edwards 69% 60% 71 % Eagle 90% 85% 94% Gypsum 91% 93% 93% Source: U.S. Census Bureau, Economic & Planning Systems Housing Tenure Most communities in the valley have a similar split of owner and renter households with 70 percent owners and 30 percent renters. As shown in Figure 7, the share of owners and renters in occupied housing units were relatively similar throughout the valley in 2022, with approximately one- third renters and two-thirds owners. Avon is the only community with a different pattern, where 56 percent of the population is renting, the highest percentage of any community. Figure 7. Households by Tenure, 2022 Percent of Households 0% 20% 40% 60% 80% 100% Eagle County Vail Minturn r= Red Cliff Avon Edwards Eagle Gypsum seu¢e: Economic & Planning systems, US census ■Owners Renters Economic & Planning Systems, Inc. 22 Housing Inventory EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Changes in tenure were markedly different between 2010-2015 and 2015-2022. As shown in Table 15, most communities saw decreases in owner -occupied households and increases in renters between 2010 and 2015. Since 2015, however, there has been more growth in owner -occupied homes. Table 15. Households by Tenure, 2010-2022 Owner -Occupied Eagle County 12,343 11,974 13,774 Vail 1,264 1,465 1,634 Minturn 192 161 258 Red Cliff 90 63 89 Avon 1,092 891 993 Edwards 2,694 2,158 2,642 Eagle 1,477 1,678 1,605 Gypsum 1,508 1,495 1,753 Renter -Occupied Eagle County 6,893 5,866 6,310 Vail 1,340 915 736 Minturn 228 225 128 Red Cliff 27 28 32 Avon 1,229 1,322 1,252 Edwards 948 1,069 1,182 Eagle 706 411 765 Gypsum 501 468 598 Total Occupied Units 19,236 17,840 20,084 Source: U.S. Census Bureau, Economic & Planning Systems -369 -74 -0.6% 1,800 257 2.0% 201 40 3.0% 169 24 1.6% -31 -6 -3.5% 97 14 7.0% -27 -5 -6.9% 26 4 5.1 % -201 -40 -4.0% 102 15 1.6% -536 -107 -4.3% 484 69 2.9% 201 40 2.6% -73 -10 -0.6% -13 -3 -0.2% 258 37 2.3% -1,027 -205 -3.2% 444 63 1.0% -425 -85 -7.3% -179 -26 -3.1 % -3 -1 -0.3% -97 -14 -7.7% 1 0 0.7% 4 1 1.9% 93 19 1.5% -70 -10 -0.8% 121 24 2.4% 113 16 1.4% -295 -59 -10.3% 354 51 9.3% -33 -7 -1.4% 130 19 3.6% -1,396 -279 -1.5% 2,244 321 1.7% Economic & Planning Systems, Inc. 23 Housing Inventory EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Overall, there has been an increase in the share of owners and decrease in the share of renters in the county since 2010, although the magnitude of change varies by community. In 2010, 64 percent of households countywide were homeowners and 36 percent were renters. By 2022, this shifted to 69 percent owners and 31 percent renters. As shown in Table 16, the largest change during this time was in Vail, which went from 49 percent owners to 69 percent, and Minturn which went from 46 percent homeowners to 67 percent. Other communities remained stable, or saw decreases in homeownership rates between 2010 and 2015, with subsequent increases from 2010 to 2022. Table 16. Housing Tenure, 2010-2022 Owners Eagle County 64% 67% 69% 1 3.0% 1.5% Vail 49% 62% 69% 13.0% 7.4% Minturn 46% 42% 67% -4.0% 25.1 % Red Cliff 77% 69% 74% -7.7% 4.3% Avon 47% 40% 44% -6.8% 4.0% Edwards 74% 67% 69% -7.1 % 2 2% Eagle 68% 80% 68% 12.7% -12.6% Gypsum 75% 76% 75% 1.1 % -1.6% Renters Eagle County 36% 33% 31% -3.0% -1.5% Vail 51 % 38% 31 % -13.0% -7.4% Minturn 54% 58% 33% 4.0% -25.1% Red Cliff 23% 31 % 26% 7.7% -4.3% Avon 53% 60% 56% 6.8% -4.0% Edwards 26% 33% 31 % 7.1 % -2.2% Eagle 32% 20% 32% -12.7% 12.6% Gypsum 25% 24% 25% -1.1 % 1.6% Source: U.S. Census Bureau, Economic & Planning Systems Economic & Planning Systems, Inc. 24 Housing Inventory S. Housing Market Trends Home Sales Sales volume hit a high in 2020 during the COVID-19 pandemic and has been decreasing since then. There were 1,581 home sales in Eagle County in 2020, the most since 2015 and over 300 more Home sale analysis excludes than 2019. As shown in Table 17, in 2021 there mobile homes, ranches, and were just under 1,500 sales, and sales volume highest and lowest 5% of dramatically decreased in 2022 (1,048 sales) and sales. Deed -restricted homes 2023 (716 sales). Condominiums and single are included. family homes have consistently been the most frequently sold home types, with single family homes hitting a high in 2020 (516 sales) and condos in 2021 (663 sales). Table 17. Sales by Type, 2015-2023 Condominium 371 436 431 433 451 588 663 437 301 Duplex 152 154 172 162 168 227 167 129 97 Single Family Residence 350 372 408 425 412 516 413 327 215 Townhouse 151 190 167 167 234 248 248 155 101 Triplex 3 1 2 1 2 2 6 0 2 Total Sales 1,027 1,153 1,180 1,188 1,267 1,581 1,497 1,048 716 Source: MLS, Economic & Planning Systems Sales volume increased down -valley between 2015 and 2021. The entire county experienced a decrease in sales in 2023 compared to 2015-2022. As shown in Table 18, with the exception of 2022 and 2023, when all communities saw a decline in sales, down -valley communities have seen steadily increasing sales volume since 2015. The decline in 2022 and 2023 may reflect the slowing of sales from the surge of sales and migration to high amenity areas during the pandemic, and increasing in -person work requirements. 2023 was the only year since 2015 with fewer than 1,000 home sales. Economic & Planning Systems, Inc. 25 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 18. Sales by Location, 2015-2023 Eagle County Total 1,027 1,153 1,180 1,188 1,268 1,584 1,497 1,048 716 Vail 252 267 237 253 287 350 353 203 153 Minturn 15 13 14 18 18 24 14 18 3 Red Cliff 3 4 3 3 5 13 11 9 4 Avon 192 269 227 225 241 305 264 186 115 Beaver Creek 75 86 89 111 111 117 138 74 49 Edwards 247 256 286 235 266 354 295 193 155 Eagle 140 150 145 167 156 179 178 160 102 Gypsum 97 99 168 164 177 197 164 138 97 Other 6 9 11 12 7 45 80 67 38 Source: MLS, Economic & Planning Systems Excluding resort areas, trends have been similar with the highest sales volume in 2020 and 2021. Removing resort areas with high levels of second -home ownership RESORT AREAS and vacation rentals gives a more accurate picture of the "locals" Arrowhead Cordillera The Summit housing market for Eagle County Bachelor Gulch Frost Creek residents. As shown in Table 19, Beaver Creek Lionshead Cascade Village Glen Mountain Star the share of sales in non -resort Cordillera Valley Club Potato Patch areas has been between 68 and 70 Cordillera The Divide Vail Golf Course percent of total sales, with the Cordillera The Ranch Vail Village lowest share in 2021 and an increasing share in 2022 and 2023. Table 19. Sales by Type, Non -Resort Areas, 2015-2023 Condominium 183 258 260 257 257 347 354 278 191 Duplex 135 135 145 142 141 194 143 114 79 Single Family Residence 274 308 339 351 327 399 305 271 180 Townhouse 119 158 139 138 200 200 204 127 77 Triplex 3 1 2 1 2 2 6 0 2 Total Non -Resort Sales 714 860 885 889 927 1,142 15012 790 529 Percent of Total Sales 70% 75% 75% 75% 73% 72% 68% 75% 74% Source: MLS, Economic & Planning Systems Economic & Planning Systems, Inc. 26 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS The median sale price countywide has been over $1 million since 2021. The largest price increases were in the mid -valley, where sales prices increased by 20 percent between 2019 and 2023. As shown in Table 20 on the next page, in 2023 only Red Cliff and Gypsum had median sale prices below $1 million, while Edwards (including Arrowhead and Cordillera) and Beaver Creek had median prices over $2 million. In non -resort areas, the median home price surpassed $1 million in 2023. As shown in Table 21 on the next page, the median sale price outside of resort areas is substantially lower than the overall median price. However, prices still rose significantly in non -resort areas between 2019 and 2023. The largest price increases were in the mid -valley in Avon and Edwards, where prices increased in non -resort areas rose between 18 percent and 20 percent from 2019 to 2023. This indicates that the rising prices is a problem in "locals" areas of the county as well as resort areas with high levels of second -home ownership and vacation rentals. Economic & Planning Systems, Inc. 27 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 20. Median Sale Price by Location, All Areas, 2015-2023 Eagle County $659,000 $672,500 $651,000 $704,110 $740,000 $891,250 $1,000,000 $1,120,000 $1,325,033 $81,000 $20,250 3% $585,033 $146,258 16% Vail 955,000 887,500 1,025,000 1,024,500 1,155,000 1,170,000 1,600,000 1,600,000 1,450,400 200,000 50,000 5% 295,400 73,850 6% Minturn 600,000 650,000 599,000 713,500 742,225 709,000 827,500 1,137,500 1,350,000 142,225 35,556 5% 607,775 151,944 16% Red Cliff 337,800 411,000 535,000 479,000 450,000 515,000 430,000 715,000 730,000 112,200 28,050 7% 280,000 70,000 13% Avon 583,750 590,000 595,000 610,000 673,000 850,000 794,000 889,500 1,400,000 89,250 22,313 4% 727,000 181,750 20% Beaver Creek 1,200,000 1,287,500 1,470,000 1,330,000 1,237,500 1,300,000 1,499,500 2,125,000 2,350,000 37,500 9,375 1% 1,112,500 278,125 17% Edwards 850,000 875,000 845,000 975,000 1,072,500 1,412,500 1,505,000 1,685,000 2,225,000 222,500 55,625 6% 1,152,500 288,125 20% Eagle 485,650 519,000 525,000 580,000 562,500 659,000 836,185 1,074,500 1,049,000 76,850 19,213 4% 486,500 121,625 17% Gypsum 397,000 402,000 399,750 456,250 444,000 499,000 520,000 675,000 720,000 47,000 11,750 3% 276,000 69,000 13% Source: MLS, Economic & Planning Systems Table 21. Median Sale Price by Location, Non -Resort Areas, 2015-2023 Eagle County $515,750 $535,250 $525,000 $592,500 $600,000 $684,105 $748,500 $899,500 $1,055,000 $84,250 $21,063 4% $455,000 $113,750 15% Vail 657,000 720,000 668,000 769,000 767,500 850,000 850,000 1,100,000 1,150,000 110,500 27,625 4% 382,500 95,625 11% Minturn 600,000 650,000 599,000 713,500 742,225 709,000 827,500 1,137,500 1,350,000 142,225 35,556 5% 607,775 151,944 16% Red Cliff 337,800 411,000 535,000 479,000 450,000 515,000 430,000 715,000 730,000 112,200 28,050 7% 280,000 70,000 13% Avon 535,000 512,500 575,750 599,500 625,000 750,000 715,000 802,000 1,302,500 90,000 22,500 4% 677,500 169,375 20% Edwards 629,263 660,000 617,000 754,000 805,000 955,000 1,093,000 1,125,000 1,562,500 175,738 43,934 6% 757,500 189,375 18% Eagle 485,650 519,000 525,000 580,000 562,500 659,000 793,750 965,000 995,000 76,850 19,213 4% 432,500 108,125 15% Gypsum 397,000 402,000 399,750 456,250 444,000 499,000 520,000 675,000 720,000 47,000 11,750 3% 276,000 69,000 13% Source: MLS, Economic & Planning Systems Economic & Planning Systems, Inc. 28 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Most communities saw significant price increases between 2019 and 2023. As shown in Figure 8, every community saw a significant price increase between 2019 and 2023, with median prices in non -resort areas in many communities nearly doubling over that time. Figure 8. Median Sale Price by Location, Non -Resort Areas, 2015-2023 Median Sale Price $1,800,000 $1, 600,000 $1,400,000 $1, 200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Eagle County Vail Minturn Red Cliff Source: MLS, Economic& Planning Systems ■ 2015 2019 ■ 2023 11 Avon Edwards Eagle Gypsum Housing prices in non -resort areas have increased significantly since 2015, but this growth has not occurred evenly over time. As shown above and in Table 22, prices in non -resort areas countywide grew more quickly between 2019 and 2023 (an average of 15.2 percent per year) than from 2015 to 2019 (3.9 percent per year). This was most significant in mid -valley communities, where prices increased between 4 and 6 percent each year from 2015 to 2019, and then jumped to 18 to 20 percent annual increases from 2019 to 2023. Table 22. Median Sale Price Growth, Non -Resort Areas, 2015-2023 Eagle County 9.4% 3.9% 15.2% Vail 7.2% 4.0% 10.6% Minturn 10.7% 5.5% 16.1 % Red Cliff 10.1 % 7.4% 12.9% Avon 11.8% 4.0% 20.2% Edwards 12.0% 6.4% 18.0% Eagle 9.4% 3.7% 15.3% Gypsum 7.7% 2.8% 12.8% Source: MLS, Economic & Planning Systems Economic & Planning Systems, Inc. 29 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS The median price per square foot has more than doubled in the county since 2015, from $344 to $752. Looking at home costs in terms of price per square foot normalizes costs across home sizes and shows how far money can go towards purchasing a home. As shown in Figure 9, in most communities the growth rate has been significantly higher since 2019 than from 2015 through 2019, with average annual price growth since 2019 ranging from 11 percent in Red Cliff to 23 percent in Avon. Avon has seen some of the largest increases, with the median price per square foot tripling from 2015 to 2023. Figure 9. Median Price per Square Foot by Location, Non -Resort Areas, 2015-2023 -Vail ,Minturn -Red Cliff Avon $1,200 $1,000 $800 $600 $400 $200 $0 Edwards -Eagle -Gypsum Median Sale Price/SF 1,000 Vail $922 Avon _ $722 Minturn $715 Edwards $5oo Red Cliff $442 Eagle $384 Gypsum 2015 2016 2017 2018 2019 2020 2021 2022 2023 Source: MLS, Economic& Planning Systems Housing costs vary by the type of home being sold. Condominiums are typically the least costly homes, while duplexes are the most expensive. In 2023, the median price for single-family homes, townhouses, and duplexes in non -resort areas was over $1 million. As shown in Table 23, prices have grown fastest for condominiums and townhouses since 2019, with prices for condos increasing an average of 18 percent per year, and townhouses increasing 19 percent per year. Duplexes have been the most expensive home type since 2020; although most duplexes sold have been in resort communities, duplexes in non - resort neighborhoods remain expensive. Table 23. Median Price by Home Type, Non -Resort Areas, 2015-2023 Condominium $400,000 $405,000 $415,000 $450,000 $442,000 $505,000 $549,500 $705,000 $870,000 $42,000 $10,500 3% $428,000 $107,000 18% Duplex $695,000 $794,500 $790,000 $809,500 $897,500 $1,020,313 $1,299,000 $1,497,500 $1,SOQ000 $202,500 $50,625 7 % $602,500 $150,625 14% Single Family Residence $569,000 $700,000 $580,000 $650,000 $685,000 $825,000 $980,000 $1,100,000 $1,112,500 $116,000 $29,000 5% $427,500 $106,875 13% Townhouse $445,000 $477,000 $499,000 $527,500 $573,121 $639,500 $700,000 $946,000 $1,150,000 $128, 121 $32,030 7% $576,879 $144,220 19% Source: MLS, Economic 8 Planning Systems Economic & Planning Systems, Inc. 30 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS All home types except single family homes have seen increased costs since 2019. As shown in Figure 10, 2019/2020 was an inflection point in sales prices. Since the onset of Covid-19, prices for all home types in non -resort areas except single family homes have increased at much faster rates than 2015-2019. Figure 10. Median Sale Price by Type, Non -Resort Areas, 2015-2023 —Duplex Single Family Residence —Townhouse —Condominium Median Sale Price $2,000,000 $1,5oo,000 Duplex $1,500,000 Townhouse $1,1so,000 Single $1,000,000 $1,112,500 Family $s�o,000 Condo $500,000 $0 — 2015 2016 2017 2018 2019 2020 2021 2022 2023 Source: MLS, Economic& Planning Systems While condominiums are the least expensive housing type overall, since 2015 they have been the most expensive per square foot in non -resort areas. As with overall sales prices, the price per square foot of condos and townhouses has increased faster than duplexes and single family homes since 2019. As shown in Table 24 the per -square -foot price of condos in non -resort areas increased by an average of $108 per year between 2019 and 2023. The largest increases in price per square foot in non -resort areas have been in the mid- and upper -valley, particularly for condos and townhouses. In down -valley communities, the price per square foot has increased at a similar rate for all home types, with average annual increases of 12 to 14 percent per year, as shown in Table 24. In mid- and upper -valley communities, there was a wider range of increases, with upper valley townhouses and mid -valley condos both increasing around 20 percent per year. Economic & Planning Systems, Inc. 31 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 24. Median Price per Square Foot by Type and Location, Non -Resort Areas, 2015-2023 Up -Valley Condominium $446 $484 $524 $560 $582 $627 $692 $889 $1,061 $136 $34 7% $479 $120 16% Duplex $419 $500 $540 $569 $596 $629 $805 $828 $987 $177 $44 9% $391 $98 13% Single Family Residence $482 $459 $439 $508 $588 $590 $634 $787 $736 $106 $26 5% $148 $37 6% Townhouse $427 $421 $461 $527 $477 $555 $618 $857 $943 $51 $13 3% $465 $116 19% Mid -Valley Condominium $335 $375 $402 $426 $433 $484 $595 $763 $910 $98 $24 7% $477 $119 20% Duplex $285 $302 $327 $360 $363 $371 $485 $622 $674 $78 $20 6% $311 $78 17% Single Family Residence $294 $319 $368 $332 $411 $410 $519 $678 $733 $117 $29 9% $323 $81 16% Townhouse $263 $290 $311 $336 $349 $425 $439 $601 $606 $86 $22 7% $257 $64 15% Down -Valley Condominium $294 $296 $334 $348 $369 $404 $436 $483 $614 $75 $19 6% $245 $61 14% Duplex $207 $218 $229 $261 $247 $254 $287 $405 $390 $40 $10 4% $144 $36 12% Single Family Residence $185 $203 $213 $225 $233 $254 $314 $391 $382 $49 $12 6% $149 $37 13% Townhouse $209 $227 $238 $243 $252 $267 $308 $343 $423 $42 $11 5% $171 $43 14% Eagle County Overall Condominium $377 $415 $428 $454 $462 $528 $608 $781 $895 $85 $21 5% $433 $108 18% Duplex $289 $312 $320 $351 $371 $389 $492 $584 $635 $82 $20 6% $264 $66 14% Single Family Residence $212 $236 $235 $245 $263 $289 $364 $412 $442 $51 $13 5% $180 $45 14% Townhouse $263 $272 $289 $329 $327 $343 $404 $548 $594 $64 $16 6% $267 $67 16% Source: MLS, Economic & Planning Systems Economic & Planning Systems, Inc. 32 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Rental Housing There is not a centralized, consistent source of rental market data in Eagle County. Interviews and focus group feedback note that per -bedroom rent is between $1,500 and $2,000. Rental data was gathered from multiple sources, utilizing American Community Survey (Census), the community survey, online listings, and landlord/property manager interviews. ACS and resident survey data report per unit median rents of $1,800, while focus groups and interviews indicated per bedroom rents of between $1,500 and $2,000, which is substantially higher. The ACS and resident survey likely reflect many residents who are long-term tenants in rental units and have been somewhat sheltered from the increasing costs. Interview feedback supports this, with multiple local landlords indicating a high proportion of long- term tenants. As shown in Table 25, while ACS-reported rents are likely low, they nonetheless reflect large increases since 2015, particularly in mid -valley communities. For example, the rent increase of 9.6 percent in Minturn between 2015 and 2022 reflects the desirability of its mid -valley location with easy access to Vail. Table 25. Median Rent by Location, 2010-2022 Eagle County $1,225 $1,272 $1,868 $47 $9 0.8°% 596 85 5.6°% Vail 1,266 1,249 1,625 -17 -3 -0.3% 376 54 3.8% Minturn 1,259 1,148 2,181 -111 -22 -1.8% 1,033 148 9.6% Red Cliff 1,297 1,550 1,800 253 51 3.6% 250 36 2.2°% Avon 1,231 1,122 1,731 -109 -22 -1.8% 609 87 6.4% Edwards 1,346 1,343 1,870 -3 -1 0.0% 527 75 4.8% Eagle 1,058 1,478 1,612 420 84 6.9% 134 19 1.2°% Gypsum 1,229 1,201 1,741 -28 -6 -0.5% 540 77 5.4% Source: U.S. Census Bureau, Economic & Planning Systems With no central rental listing source and few large apartment buildings, many residents find rental properties online through Zillow and Facebook, or through word-of-mouth. Online, rental properties are primarily listed on Zillow and Facebook; some property managers also send listings directly to email lists. As shown in Table 26 and noted in listings, target markets vary - rentals on Zillow primarily target non - local renters looking for ski season properties, while Facebook Marketplace and Eagle County Facebook groups are more geared to locals. It is important to note that interview and focus group feedback indicated that some people have stopped posting rental listings on Facebook because the magnitude of responses is overwhelming, indicating both demand for rental housing and a decreasing number of options to find it. Economic & Planning Systems, Inc. 33 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 26. Online Rental Listing Summary, 2024 Eagle County 25 $1,600 $3.80 122 $4,500 $3.81 Vail 5 $1,500 - 42 $5,900 $4.52 Avon 10 $1,900 $4.40 33 $5,000 $3.94 Edwards 3 $1,500 -- 11 $7,750 $3.29 Eagle 4 $2,275 $3.06 23 $3,275 $3.32 Gypsum 3 $1,350 13 $2,600 $3.19 Source: Economic & Planning Systems, Zillow, Facebook Online listings are often for bedrooms in shared units, with prices over $1,000 per room. As shown in Table 27, the average price per bedroom varies from $1,100 in Eagle (from survey respondents) to $2,250 in Edwards (from Zillow listings). According to local property managers, the typical rental price per bedroom across the county in $1,000 to $1,500, while focus group respondents indicated costs can get up to $2,000 for a bedroom. This equates to a typical monthly rent of $3,000 - $4,000 for a 2-bedroom unit, depending on location. Table 27. Per -Bedroom Rent, 2024 Eagle County 25 $1,600 $3.80 178 $4,500 $3.76 Vail 5 $1,500 -- 62 $6,000 $4.69 Avon 10 $1,900 $4.40 45 $5,000 $3.81 Edwards 3 $1,500 -- 21 $7,200 $3.54 Eagle 4 $2,275 $3.06 31 $3,275 $3.33 Gypsum 3 $1,350 -- 19 $2,600 $3.19 Source: Economic & Planning Systems, Zillow, Facebook Economic & Planning Systems, Inc. 34 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Short -Term Rentals Eagle County had approximately 5,000 short-term rentals (STRs) in 2022, accounting for about one -seventh of all housing units. As shown in Figure 11, STIRS as a share of total housing units has remained relatively consistent since 2017 (when comprehensive data became available). The number of active STRs is higher in winter months than in summer months and recovered to pre -pandemic levels in late 2022. Figure 11. Eagle County STRs, 2017-2022 Number of Active Eagle County STRs by Month June 2017 -January 2023 6000 Eagle Co. Total 5000 4000 1. ...... ..... W... •�•�•........ 3000 V a 2000 1000 0 c-I c-I ci c-I c-I 1� .-I 1-I c-I H N N N N N4 N N N N r] O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N C Q V C Q V C Q V C Q V C Q V C Q V Ln 0 vQ 0 Gridlines aligned with June and December lorated Areas incorporated Areas Economic & Planning Systems, Inc. 35 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Short-term rentals are concentrated in resort areas in the mid -valley and upper valley. As shown in Figure 12, the largest concentration of short-term rentals is in the Beaver Creek and Edwards area, which in December 2022 had over 1,000 active STIRS. There is also a significant concentration of STRs in Vail and the Vail area. Figure 12. Short-term Rentals by Location, 2022 Economic & Planning Systems, Inc. 36 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Recent Development Between 2015 and 2023, over 2,100 residential building permits were issued in Eagle County. As shown in Table 28, new construction peaked in 2017, when 365 building permits were issued. Permit numbers have steadily decreased since then, with the exception of an increase from 2020 to 2021, which may be due to delayed projects from the onset of COVID-19. In 2023, only 148 residential permits were issued, the lowest permit activity since 2015, suggesting construction may be slowing. Table 28. Eagle County Residential Building Permits, 2015-2023 Vail 18 30 97 83 88 54 62 39 41 512 64 Minturn 6 3 1 1 4 2 6 2 3 28 4 Red Cliff 2 0 4 2 3 0 2 0 2 15 2 Avon 10 7 7 20 3 12 17 14 12 102 13 Eagle 15 29 41 48 21 12 16 20 20 222 28 Gypsum 37 41 72 61 69 65 63 42 29 479 60 Unincorporated Eagle COL 94 115 143 109 68 74 103 81 41 828 104 Total 182 225 365 324 256 219 269 198 148 2,186 273 Source: Local planning offices, Economic & Planning Systems Since 2015, most residential building permits have been issued in down -valley communities and the unincorporated county. As shown in Figure 13, down -valley communities and the unincorporated county accounted for 72 percent of all permit activity since 2015. Development activity is influenced by a number of factors, particularly land and development site availability, and these communities have the most developable land available. Figure 13. Residential Building Permits by Area, 2015-2023 # Permits 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% ■ Up -Valley Mid -Valley ■ Down -Valley ■ Other - Unincorporated Eagle County 2015 2016 2017 2018 2019 2020 Source: Local Planning Offs—, Economic & Planning Systems 2021 2022 2023 Economic & Planning Systems, Inc. 37 Housing Market Trends EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Single family homes made up the largest share of permits issued. Single family homes accounted for 45 percent of residential permits issued between 2015 and 2023, and are consistently the largest share of permits each year (note that home type information is not available for all permit data). Multifamily building permits do not always reflect the number of units in a development, but Costar data indicates that apartments were the second most common unit type built between 2015 and 2023. Table 29. Residential Units Permitted by Type, 2015-2023 Single Family 101 100 119 93 105 121 131 123 72 965 121 -49 -16 Duplex 39 31 61 85 64 45 61 37 32 455 57 -13 -4 Modular 17 45 63 52 46 25 24 14 8 294 37 -17 -6 Multifamily 11 25 60 50 33 13 10 8 18 Apartment Units 114 0 0 0 120 155 240 81 0 710 89 -155 -52 Mobile Home 10 21 48 8 3 5 2 1 0 98 12 -5 -2 Townhome/Condo 0 0 4 30 3 4 31 10 15 97 12 11 4 Other 4 2 9 3 2 2 6 3 2 33 4 0 0 Total 296 224 364 321 376 370 505 277 147 2,880 360 Note: Some perrrits lack type information. Source: Local planning offices, CoStar, Economic & Planning Systems Just over 1,000 purpose-built rental units were built in the county between 2010 and 2024. As shown in Table 30, CoStar data (which captures purpose-built apartments, not condominiums or other units that are rented) shows 1,045 rental units built between 2010 and 2024. Only one of these developments - Spring Creek Apartments in Gypsum, with 150 units - was rent restricted. These new developments have an average vacancy rate of 2.0 percent (excluding The Pike, which at time of data collection was in lease -up, leading to a higher vacancy rate). This low vacancy rate indicates significant demand for rental housing. Table 30. New Apartment Development, 2010-2024 The Pike 40 Mt. Eve Rd Eagle 2024 216 30.4% $2,485 $3,153 Fox Hollow 43Murray Rd Edwards 2024 87 0.6% Front Gate Avon 38460 Highway 6 Avon 2022 81 1.6% The Piedmont 5471 E Beaver Creek Blvd Avon 2021 240 7.1% $2,862 $4,280 Spring Creek Apartments 750SunnyAve Gypsum Rent Restricted 2020 150 0.4% $1,185 $1,407 N/A 33975 US Hwy6 Edwards 2020 5 1.6% 6 West Apartments 32532 Highway Edwards 2019 120 0.7% $2,142 $2,855 Lion's Ridge 1265 N Frontage Rd W Vail 2015 114 0.3% $1,629 $2,448 First Chair 600 W Lionshead Cir Vail 2010 32 4.9% Total/Average 1,045 10.9% $2,485 $3,153 Source: CoStar, Economic & Planning Systems Economic & Planning Systems, Inc. 38 Housing Market Trends 6. Housing Problems In addition to data on demographic, economic, and housing market trends, analysis of specific housing problems helps identify additional factors leading to housing challenges in the area. Overcrowding About 3 percent of Eagle County units are overcrowded. Overcrowding is defined as a living arrangement with more than one person per room (total rooms, not just bedrooms). According to Census data, about 3 percent of Eagle County units were overcrowded as of 2022. This includes units with several roommates, multiple couples sharing one unit, or entire families living in a single bedroom. As with homelessness and temporary housing, data on overcrowding can be difficult to obtain and is likely an undercount. Table 31. Eagle County Overcrowded Housing Units, 2022 1.01 to 1.50 occupants per room 452 1.51 or more occupants per room 234 Total Overcrowded Units 686 Source: U.S. Census Bureau, Economic & Planning Systems Temporary Housing At least 2 percent of Eagle County residents live in temporary housing. Other housing issues in Eagle County include temporary housing living with friends or family, living in a camper or RV, staying in a private vehicle not suited for habitation, or living in a hotel/motel. Two percent of survey respondents reported living in these situations. However, this is likely an undercount due to the nature of survey distribution and respondents' fear about possible legal consequences for their living arrangements. Economic & Planning Systems, Inc. 39 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 32. Temporary Housing Situations, 2022 Staying with friends orfamily/couch surfing 114 Camper/ RV/van with kitchen and sleeping space 60 Vehicle without kitchen and sleeping space 0 Room in a motel / hotel 21 Tent / outdoors 0 Total Temporary Units 1 195 Source: RRC Associates, U.S. Census Bureau, Economic & Planning Systems Homelessness Data gaps in Eagle County make it difficult to accurately measure the extent of homelessness. Eagle County Homeless Services was formalized as a program in June 2022, so homelessness data is not available prior to that date. Between May 2023 and December 2024, Eagle County Homeless Services program had 198 referrals for services, of which 30 percent were considered ineligible for service due to being "at risk" of losing housing. Of the remaining referrals, 90 adults were enrolled and provided services, eight youth under 25 were enrolled and provided services, and 53 were housed either temporarily or permanently. This data only includes individuals who were referred for services, so there are very likely other unhoused individuals in Eagle County who are not represented in this data. Improved data collection would improve Eagle County's ability to serve unhoused individuals. Affordability Analysis "Affordable" housing is typically defined as housing that costs no more than 30% of a household's gross monthly income. For ownership housing, this includes mortgage principal, interest, property taxes, and insurance. For rental housing, this includes monthly rent payments (not utilities, internet, or other additional costs). Households paying more than 30 percent of their income towards housing are considered "cost burdened" - those paying over 50 percent are considered "severely cost burdened." Ideally, in a balanced housing market, housing is affordable in the free market without government subsidies or income restrictions. Economic & Planning Systems, Inc. 40 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS How much a household can afford to spend on housing will vary based on the size of the household (number of wage earners) and the income earned by all household members. In many high -cost communities, residents will work multiple jobs to increase their income, and/or live with multiple roommates (or families) to spread housing costs over multiple earners. In data, this may present as housing appearing more affordable, while not reflecting desired community conditions. Area Median Income (AMI) metrics reflect household income (all wage earners, all jobs), and not wages or salaries on their own. Rental Affordability OWNERSHIP AFFORDABILITY The ownership affordability analyses assumes a 6.0% interest rate (the 30-year average), 5% down payment, 30-year loan term, $300/month HOA fees (based on survey data), $3,000/year home insurance (based on interviews with a local insurance broker), and average 2023 property tax rates by community (from Eagle County assessor). The rent a household can afford will vary based on household size and income. As shown in Table 33, affordable rents range from $324 per month for a single - person household at 30% AMI to $3,889 per month for a 3-person household at 120% AMI, using ACS data. Economic & Planning Systems, Inc. 41 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 33. Maximum Affordable Rent by Income and Household Size 1-person Household Household Income 1 $12,9501 $17,2671 $21,5841 $25,9001 $30,2171 $34,5341 $38,8501 $43,1671 $47,484 $51,800 Maximum Supportable Rent $324 $432 $540 $648 $755 $863 $971 $1,079 $1,187 $1,295 2-person Household Household Income $35,7321 $47,6421 $59,5531 $71,4631 $83,3741 $95,2841 $107,1951 $119,1051 $131,016 $142,926 Maximum Supportable Rent $893 $1,191 $1,489 $1,787 $2,084 $2,382 $2,680 $2,978 $3,275 $3,573 3-person Household Household Income $38,8941 $51,8581 $64,8231 $77,7881 $90,7521 $103,7171 $116,6811 $129,6461 $142,611 $155,575 Maximum Supportable Rent $972 $1,296 $1,621 $1,945 $2,269 $2,593 $2,917 $3,241 $3,565 $3,889 Source: Economic & Planning Systems, Eagle County, MLS, U.S. Census Bureau Economic & Planning Systems, Inc. 42 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Households need at least 2 people to afford the typical rent. As shown in Figure 14, the typical rate of $1,500 per bedroom creates affordability challenges for many local residents. A 1-person household cannot afford an apartment of any size, while 2-person and 3-person households can only afford units that may be too small for their needs. Prices in recent developments such as the Piedmont in Avon are even higher, with some units over $3,000 per bedroom. At this current rental rate, median -income and median -wage earners are unable to afford units that meet their needs. Figure 14. Rental Affordability by Bedrooms for Median Income, 2022 Affordable Rent Affordable Rent Affordable Rent Typical Rent fort -person HH for2-personHH for3-personHH $5,000 $4,500 $4,000 $3,500 $3,000 $2,500 $2,000 $1, 500 $1,000 $500 $0 1 bedroom 2 bedrooms 3 bedrooms Source=LLS.Census Bureau, Economic& Planning Systems Economic & Planning Systems, Inc. 43 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS A resident working one job earning the median wage can generally only afford a bedroom in a shared unit. Another way of looking at rental affordability in terms of wages. As shown in Figure 15, the rent for a one -bedroom apartment ($1,500 per month) is just above what a one -person household earning the median wage can afford using the affordability standard of 30 percent of income towards rent. A household needs a more than two wage-earners (one person working two jobs, or two people working one job each) to afford the typical rent for a 2-bedroom unit ($3,000). This means many workers may need to double up with a roommate or work multiple jobs in order to afford housing. Figure 15. Rental Affordability by Bedrooms for Median Wage, 2022 $0 Affordable Rent for Affordable Rent fort Affordable Rent for ■Typical Rent Median -Wage Job Median -Wage Jobs Median -Wage Jobs 1 bedroom 2 bedrooms 3 bedrooms Source: U.S.Census Bureau, JobsEQ, Economic& Planning Systems Economic & Planning Systems, Inc. 44 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Ownership Affordability The affordability gap for homeowners expanded dramatically starting in 2020, even when excluding sales in resort areas. Although prices in Edwards, Avon, and Vail are more affordable once high -value areas are excluded, required incomes are still 2-3 times higher than area median income for a 2-person household. This indicates that unaffordability in these areas is not driven solely by vacation homes and tourism but also by tight supply and location amenities. Homeownership challenges are prevalent throughout the community, but most significant for single -person households. As shown in Table 34, only 4 homes in non -resort areas were sold in 2023 that were affordable for a 2-person household earning the median income, and no homes sold were affordable for a single - person household earning the median income. Table 34. Percent of Home Sales by Income Range, Non -Resort Areas, 2023 1-person household 2-person household 3-person household 0% 0% 0% 0% 0% 0% 0°% 0% 0°% 0% 0% 0°% 0% 0°% 0% Source: MLS, Eagle County Assessor, U.S. Census Bureau, Eagle County Economic & Planning Systems RESORT AREAS Arrowhead Bachelor Gulch Beaver Creek Cascade Village Glen Cordillera Valley Club Cordillera The Divide Cordillera The Ranch Cordillera The Summit Frost Creek Lionshead Mountain Star Potato Patch Vail Golf Course Vail Village 0% 0% 0% 0% 0% 0°% 0% 1% 2% 3% 0% 1% 1% 3% 5% Economic & Planning Systems, Inc. 45 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS To afford the median -priced home in the county (non -resort areas), a 2-person household needs to make almost 250% AMI. As shown in Figure 16, a 2-person household needs to earn nearly 250% AMI to afford the median -priced non -resort home of $1.1 million. The purchase price gap for a household earning 100% AMI (which can afford a $403,000 home) is $650,000. At this price, a 2-person household could afford about three-quarters of condos in non -resort areas in Eagle County, which tend to be 1-2 bedrooms, or about half of single-family homes and townhouses. Single-family homes and townhouses below the median prices of $1.1 million tend to be available down - valley around Eagle or Gypsum. Figure 16. Affordable Home Prices by AMI and Household Size, Non -Resort Areas, 2023 ■ Affordable Purchase Price ■ Gap to Median Home Price Median Eagle County Home Price (resorts removed) 1400000 1200000 1000000 800000 600000 400000 200000 0 Source: MLS, U.S. Census Bureau, Economic& Planning Systems Economic & Planning Systems, Inc. 46 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Affordability varies by community, but a 2-person household earning the Eagle County median income cannot afford the median -priced home in any community, even excluding homes in resort areas. As shown in Figure 17, a 2-person household earning the median income of $119,000 earns about 45% of the required income for the median -priced non - resort homes in Vail, Avon, and the county overall. In Gypsum, the lowest -priced community, there is still a $75,000 gap between what that household earns and the income needed to afford the median -priced home. Figure 17. Affordability Gap by Community, Non -Resort Areas, 2023 Median Income for 1- Median Income for 2- Median Income for 3- 0 Required Annual Income person household person household person household 5400.000 $300,000 $200,000 $100,000 $0 Eagle County Vail Avon Edwards Eagle Gypsum Source: MLS, U.S. Census Bureau, Economic & Planning Systems Economic & Planning Systems, Inc. 47 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS In every community except Gypsum, a household needs to earn over 200% AMI to afford the median non -resort home price. While a 2-person household earning 160% AMI can afford the median priced home in Gypsum, in all other communities a household needs to earn over 200% AMI to afford market -rate "locals" housing. In Edwards this grows to over 300%, despite the exclusion of homes in resort areas. While the homeownership affordability gap varies by community, Figure 18 shows the magnitude of gap throughout the valley. Even for a household earning 200% AMI, there is a $60,000 gap between the median non -resort purchase price countywide and the affordable home price. In Avon, a 2-person household needs to earn 280% AMI to afford the median -priced non -resort home, while in Edwards even 300% AM I is not enough. Figure 18. Affordability Gap by AMI and Community, Non -Resort Areas, 2023 ......• Median Sale Price ■Affordable Home Price (2-Income HH) $1,600,000 .................................................................. Edwards - $1,562,500 $1,400,000 Avon - $1,302,500 .................................................................. $1,200,000 a, _ All Eagle County - $1,055,000 ................................................................... $1, 000, 000.................................................................. Eagle - $995,000 $800,000 Gypsum - $720,000 .................................................................. $600,000 $400,000 $200,000 $0 Source: MLS, U.S. Census Bureau, Economic & Planning Systems 80% AMI 100% AMI 150% AMI 200% AMI 250% AMI 300% AMI Economic & Planning Systems, Inc. 48 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS While condos in non -resort areas are the most affordable housing type in Eagle County, they are still out of reach for households making less than 190% AMI. As shown in Figure 19, it takes 190% AMI to afford the median priced non -resort condo in the county. Non -resort single family homes require about 240% AMI and non -resort townhouses require about 250% AMI. The income needed to afford a duplex is much higher, at 320% AMI, even when resort areas are excluded. Figure 19. Affordability by Home Type, Non -Resort Areas, 2023 $1,600,000 Median Eagle County Duplex Price - $1,500,000 $1,400,000 $1,200,000 1 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 80% AM I 100%AMI 150% AMI Source: MES, U.S. Census Bureau, Economic& Planning Systems ■ Affordable Home Price (2-Person HH) 200% AMI 250% AMI 300% AMI Economic & Planning Systems, Inc. 49 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Homeownership is an even larger challenge compared to the median wage. As noted previously, household income does not always relate well to local salaries/wages. As shown in Figure 20, the 2022 median annual wage in Eagle County was $52,900, which is approximately $220,000 less than the wage needed to purchase a median -priced non -resort home in the county. Figure 20. Homeownership Affordability by Median Wage, 2022 $400,000 $200,000 $0 Eagle County ■ Required Annual Income Median Wage Eagle County Vail Avon Edwards Eagle Gypsum Source: MLS, JobsEQ, Economic & Planning Systems Economic & Planning Systems, Inc. 50 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS To afford the median priced non -resort home in Eagle County, a household needs an income equivalent to 5.2 full-time jobs paying median wage of $52,900/year. As shown in Figure 21, even in Gypsum, the most affordable community in Eagle County, a household would need 3.7 full-time workers earning median annual wage of $52,900 to afford a median -priced home. In Edwards, even with resort areas excluded, a household would need 7.5 full-time workers. As a result, homeowners may take on roommates or work extra jobs to afford a home. Figure 21. Wage Earners Required to Afford Median Sale Price, Non -Resort Areas, 2023 Median Sale Price ■Affordable Home Price $1,600,000 E $1,400,000 Avon - $1,302,500 .................................................................................................................................................................................. $1,200,000 Vail-1lsoaoo w AIIEagle County =$1,055,000 ............ ............................................................... $1,000,000.................................................................................................................. ......' a.. ...... w Eagle-$995,000 m L V [p 2 $900,000 .2 Gypsum - $720,000 :,, ....................................................................................... ........ ....... m a $600,000 $400,000 $ 200, 000 $0 1 2 3 4 5 6 Number of Median Wage Jobs Required to Afford Median Home Source: MLS, JobsEQ Economic & Planning Systems 7 Economic & Planning Systems, Inc. 51 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS The magnitude of affordability challenges increased significantly beginning in 2019/2020. Homeownership has long been a challenge for Eagle County communities, but the challenge has become significantly worse. As shown in Figure 22, in 2015, the gap between what a 2-person household earning 100% AMI could afford and the median non -resort purchase price was approximately $250,000. In 2020 that gap was about $330,000, and by 2022 had grown to about $500,000. Figure 22. Affordability Gap, Non -Resort Areas, 2015-2022 $1,000,000 $900,000 $800,000 $700,000 $600,000 � Maximum Affordable Purchase Price for a 2-person HH —Eagle County Median Non -Resort Home Sale Price $535,250 $59z,500 $600,000 $500,000 Ssts,so $5,25,,000 $400,000 $300,000 ; $200,000 $100,000 $0 2015 2016 2017 2018 Source: MLS, U.S. Census Bureau, Economic& Planning Systems 2019 2020 2021 2022 Economic & Planning Systems, Inc. 52 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Displacement Risk Displacement risk is the likelihood that residents or businesses may be forced to relocate involuntarily due to economic pressures or physical conditions. Many factors influence displacement risk in Eagle County, including economic circumstances, demographics, and housing age and condition. Renters and people with low income are at higher risk of displacement. As discussed above and shown in Figure 23 below, about 40 percent of Eagle County residents are renters. In Avon, 55 percent of residents are renters. Figure 23. Households by Tenure, 2022 Percent of Households 0% 20% 40% 60% 80% 100% Eagle County Vail Minturn Red Cliff Avon Edwards Eagle Gypsum Source: Economic & Planning Systems, US Census ■ Owners ■ Renters As shown in Table 35 below, in 202164 percent of renters had incomes below 80% AMI, including 21 percent with incomes below 30% AMI. In contrast, only 31 percent of owners were below 80% AMI and 10 percent were below 30%. Table 35. Income by Tenure, 2021 Extremely Low Income (< 30% AMI) 10% 21 % 13% Very Low Income (30% AMI - 50% AMI) 8% 17% 11 % Low Income (50% AMI - 80% AMI) 13% 26% 17% Total 31 % 64% 41 % Source: U.S. Department of Housing and Urban Development, Economic & Planning Systems Economic & Planning Systems, Inc. 53 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS 39 percent of all Eagle County households are cost -burdened by housing, meaning they spend more than 30 percent of their income on rent or mortgage payments. In some communities, nearly half of households are cost -burdened. Table 36. Cost Burden, 2015-2022 Eagle County 39% 39% 39% Vail 42% 33% 38% Minturn 38% 31 % 35% Red Cliff 42% 45% 49% Avon 40% 46% 35% Edwards 39% 39% 48% Eagle 46% 32% 35% Gypsum 37% 50% 32% Source: U.S. Census Bureau, Economic & Planning Systems People with low educational attainment, non-English speakers, and single parent households are at risk of displacement. As of 2022, only eight percent of Eagle County residents aged 25 and older did not have a high school degree. This share is lowest up -valley in Vail and Minturn and increases to 16 percent in Gypsum. Table 37. Population Aged 25 and Older without a High School Degree, 2022 Eagle County 11% 12% 8% Vail 1 % 0% 1 % Minturn 16% 3% 1 % Red Cliff 8% 8% 5% Avon 9% 6% 6% Edwards 13% 22% 8% Eagle 7% 12% 10% Gypsum 21% 21% 16% Source: U.S. Census Bureau, Economic & Planning Systems Economic & Planning Systems, Inc. 54 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS One -quarter of Eagle County households speak a language other than English at home, primarily Spanish. Nearly half of households in Gypsum speak a language other than English. Table 38. Households Speaking a Language other than English at Home, 2022 Eagle County 26% 26% 24% Vail 16% 13% 10% Minturn 20% 11 % 20% Red Cliff 33% 29% 9% Avon 39% 36% 31 % Edwards 27% 31 % 27% Eagle 13% 25% 22% Gypsum 38% 33% 44% Source: U.S. Census Bureau, Economic & Planning Systems There are approximately 1,100 single -parent households in Eagle County, accounting for about 6 percent of all households. Table 39. Single -Parent Households, 2022 Eagle County 1,184 944 1,145 Vail 90 29 19 Mi ntu rn 33 13 14 Red Cliff 0 10 14 Avon 189 195 103 Edwards 297 217 265 Eagle 155 157 303 Gypsum 69 49 97 Source: U.S. Census Bureau, Economic & Planning Systems Economic & Planning Systems, Inc. 55 Housing Problems EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Older housing can be a displacement risk factor. Housing units in Eagle County are fairly new, with only 7 percent of the county's housing stock built prior to 1970. However, this varies greatly between communities - around half of the housing stock in Minturn and Red Cliff was built before 1970, compared to less than 5 percent of the housing stock in Edwards and Avon. Older homes are often less energy efficient and can be more costly to live in, particularly for people aging in place on fixed incomes. When older homes have lower values, they can be attractive to purchase as second homes which would displace long-time residents. Table 40. Housing Units Built Before 1970 Eagle County 7% Vail 8% Mi n to rn 49 % Red Cliff 45% Avon 2% Edwards 4% Eagle 10% Gypsum 8% Source: U.S. Census Bureau, Economic & Planning Systems Mobile homes are an indicator of displacement risk. There are 14 mobile home parks in the Eagle River Valley, with 804 total lots. 755 of the 804 lots (94 percent) are rented to a tenant that owns their mobile home and rents the lot only. Most parks are down -valley in Eagle and Gypsum, but the largest parks are in the mid -valley in Avon and Edwards. Eagle River Village in Edwards is the largest park, with 381 lots. Mobile home tenants can be subject to high increases in lot rents which make their homes unaffordable. Unless mobile home parks are protected by zoning and other land use regulations, they can be acquired for redevelopment which displaces residents. Based on this analysis, communities throughout Eagle County are facing displacement risks. The outcomes of these risks are already being seen, with residents moving out of the community due to housing challenges. Economic & Planning Systems, Inc. 56 Housing Problems 7. Housing Resources Eagle County is not starting from scratch with housing tools and resources - there are already a variety of housing affordability programs throughout the county, as shown in Table 41. In addition to programs and resources, there are multiple developments such as Eagle Ranch and Miler Ranch that have location -specific deed restrictions. Housing tools and resources are summarized below, along with an analysis of the affordability impacts of deed restriction programs. Table 41. Current Housing Tools Eagle County Good Deeds Eagle County Deed Restriction Program Eagle County Loan Fund Eagle County Loan Assistance Additional Eagle County Down Payment Eagle County Down Payment Assistance Programs Assistance Aid for ADUs Eagle County ADU incentive Rental Funds Eagle County Rental Assistance Mi Casa Avon Town of Avon Deed Restriction Program Avon Community Housing Town of Avon Deed Restriction Program Vail InDEED Town of Vail Deed Restriction Program Town of Vail Buy -Down Town of Vail Deed Restriction Program Town of Vail Employee Housing Units Town of Vail Community Housing (EHU) Town of Vail Employee Housing Town of Vail Down Payment Program Assistance Town of Eagle Local Employee Town of Eagle Deed Restriction Residency Program (LERP) Program Eagle Ranch Locals Housing Program Town of Eagle Deed Restriction Program Town of Eagle Employee Home Town of Eagle Down Payment Ownership Program (EHOP) Assistance Source: Valley Home Store, Economic & Planning Systems. Buyers receive payment at the time of sale in exchange for placing a deed restriction on their property. The deed restriction either limits ownership to Eagle Countyemployees or imposes an appreciation cap. Fund that contributes up to 5% of loan value for homebuyers using conventional, RD, VA, or FHA mortgages. Buyers who are Eagle County residents or employees can borrow funds for down payments, closing costs, and prepaid expenses related to home purchases. Homeowners may receive up to $150,000 to build an ADU. In exchange, the owner must lease the ADU to an Eligible Household at a monthly rental rate that does not exceed 100% ofAMI. Provides up to two months worth of rental payments to locally employed, full-time, year-round renters starting a new 12-month lease within Eagle County. Buyers receive payment in exchange for placing a deed restriction on their property. The deed restriction limits ownership to Eagle County employees. There is no price appreciation cap. The Town of Avon offers more than 60 workforce deed -restricted housing units foreligible buyers, each subjectto differentdeed restrictions. Buyers or existing owners receive payment in exchange for placing a deed restriction on their property. The deed restriction limits ownership to Eagle County employees. There is no price appreciation cap. Town of Vail purchases a unit and places a deed restriction on it before reselling at a subsidized price. The deed restriction limits ownership to Eagle County employees. The Town of Vail has five com m unity developments that are available for Eagle Countyemployees to purchase via community housing lotteries. Eligible employees ofthe Town of Vail can receive down payment assistance to purchase a primary residence. LERP requires that residential development with 10+ units set aside 15% as affordable (up to 140 % for -sale; up to 80 % AMI on rentals) and 35 % as resident occupied. The Eagle Ranch Housing Corporation offers resources with deed restricted housing, down payment assistance, and a buydown program. Eligible employees ofthe Town of Eagle can receive down payment assistance to purchase a primary residence - up to $40,000 within Eagle town limits and up to $20,000 outside Eagle town limits but within Eagle County. Economic & Planning Systems, Inc. 57 Housing Resources EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Existing Housing Programs Eagle County Good Deeds Eagle County Good Deeds is a county -wide deed restriction program run by the Eagle County Housing and Development Authority (ECHDA) that places resident - occupied or price -capped deed restrictions on subject properties at the time of purchase. In exchange for the deed restriction, ECHDA contributes either 5 percent of purchase price in the case of a resident -occupied restriction or 15 percent of purchase price for a price -capped deed restriction. To qualify for a resident -occupied unit, buyers must work in Eagle County, live in the home as their primary residence, and cannot own other real estate. The price -capped deed restriction limits the resale price of the property to the lower of either 3% annually or the average wage growth rate for Eagle County. ECHDA placed 51 price -capped deed restrictions and 19 resident -occupied deed restrictions on properties throughout Eagle County between January 2022 and June 2024 as part of the Good Deeds program. Vail InDEED Vail InDEED is a resident -occupied deed restriction program administered by the Town of Vail and Vail Local Housing Authority for properties within Vail's town boundary. The program either contributes funds at the time of purchase or pays existing owners in exchange for a resident -occupied deed restriction. Eligible owners or buyers must work in Eagle County for an average of 30 hours/week and can lease the property to a similarly qualified tenant. The property must be resold to an employee working in Eagle County, but there is no price appreciation cap on units and no income limit for buyers. Vail InDEED placed restrictions on 175 units between 2017 and 2023. Vail Community Housing Units / Employee Housing Units The Town of Vail has five community housing developments with price -capped and resident -occupied deed restricted units available for purchase from the Town of Vail via a lottery system. Lottery tickets are available to buyers working in Eagle County who will use the unit as a primary residence, with additional tickets available for those who do not currently own free market real estate in Vail and those who have lost a Vail housing lottery in the past 24 months. Lottery winners purchase the subject unit directly from the Town of Vail, with prices ranging from $175,000 to $800,000. The community housing units have a price appreciation cap between 1.5 percent and 3 percent per year and must be resold through the Town. Currently, the Town of Vail has 141 community housing units in five developments. Economic & Planning Systems, Inc. 58 Housing Resources EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Mi Casa Avon Mi Casa Avon is a resident -occupied deed restriction program administered by the Town of Avon for properties with Avon's town boundary. The Town contributes between 8 percent and 12 percent of purchase price up to $100,000 to place a resident -occupied deed restriction on an eligible property. The property must be the primary residence of an Eagle County employee, defined as someone who works at least 32 hours/week in the county or earns 75 percent of their income from work in the county, for at least three years following the purchase. If after three years the owner decides to rent the property, the tenant must be an Eagle County employee. There is no price appreciation cap at resale and the property must be resold to an Eagle County employee. Avon placed deed restrictions on 44 units through the Mi Casa Avon program between July 2020 and June 2024. Town of Eagle Local Employee Residency Program The Local Employee Residency Program (LERP) requires all developments in Eagle with 10 or more rental or for -sale units to set aside 10 percent of units as affordable housing for households at 80% AMI for rentals and 140% AM[ for owners. The LERP has no income cap for buyers or renters and residents are not required to work in the Town of Eagle, although employees in the town get preference for units. There is a 3 percent annual price appreciation cap for resold units. Eagle Ranch Housing Corporation The Eagle Ranch Housing Corporation (ERHC) within the Eagle Ranch development in Eagle offers down payment assistance and deed restriction programs. The ERHC Deferred Payment program provides maximum assistance of $10,000 for buyers within the Eagle Ranch development. There is no income limit for the assistance, but borrowers must be Eagle County employees using the property as a primary residence. ERHC will also contribute 10 percent to the purchase price of a property in Eagle Ranch in exchange for a deed restriction on the subject property. Participants in the deed restriction program must also be Eagle County employees using the property as their primary residence. Eagle County Down Payment Assistance Programs Eagle County offers several other down payment assistance programs, including the Eagle County Loan Fund (ECLF) Shared Equity Loan, the ECLF Amortized Loan for FHA mortgages, and the Eagle County Division of Housing (ECDOH) Down Payment Assistance Program. Borrowers for all programs must be Eagle County employees using the home as their primary residence. Economic & Planning Systems, Inc. 59 Housing Resources EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Differences between the down payment assistance programs include maximum loan amount, income limit, loan term, and interest rate. The ECLF programs provide down payment assistance for 5 percent of purchase price up to $42,500 with buyer contribution of at least $3,000. The Shared Equity Loan program has an income limit of 160% AMI for a family of four unless the unit is deed - restricted, in which case there is no limit, while the ECLF Amortized Loan program has an income limit of 140% AMI. The ECDOH Down Payment Assistance Program provides up to $40,000 in down payment assistance for borrowers making between 50 percent to 80% AMI, with a minimum $1,000 buyer contribution. Eagle County Rental Assistance Funds Eagle County offers funding to Eagle County renters starting a new 12-month lease to cover the costs of first and last month's rent. Renters must be year- round, full-time Eagle County employees and are required to pay the security deposit themselves. Renters earning 120% AMI or more must repay both first and last month's rent, while renters earning less than 120% AMI must repay only the last month's rent. Eagle County Aid for ADUs ECHDA offers Eagle County homeowners low-cost loans up to $150,000 to construct an accessory dwelling unit (ADU) on their property to lease to eligible Eagle County households. Eligible households must be Eagle County employees using the unit as a primary residence and earning no more than 100% AMI. Short- term rentals are prohibited. Deed Restricted Affordability Deed restriction programs, such as Eagle County Good Deeds, Vail InDEED, or Mi Casa Avon are an important tool to make homeownership affordable for local households. These programs currently work to provide homeownership opportunities for households earning 120% AMI or more. The home types included in deed restriction programs are diverse and range from one -bedroom condominiums to four -bedroom single family homes. As shown in Figure 24, the median price for a deed restricted home in the county between 2015 and 2023 was $522,500, just above the $504,400 that a household at 120% AMI can afford. Economic & Planning Systems, Inc. 60 Housing Resources EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 24. Deed Restricted Program Affordability by AMI, 2015-2023 Median Eagle County Median Eagle County ■ Maximum Affordable Purchase Price fora 2-person HH Deed Restricted Deed Restricted Home Home Price Price after Contribution $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 Median Price of Home in Eagle County Deed Restriction Programs - $600,000 Median Price in Eagle County Deed Restriction Programs after Program Contribution - $522,500 60% AM 80%AMI 100%AMI 120% AM Source: MLS, U.S. Census Bureau, Economic& Planning Systems Economic & Planning Systems, Inc. 61 Housing Resources EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Affordability by wages is shown in Figure 25. While a household would still need 2.8 workers earning the median wage to afford the median deed -restricted home, this is far less than the 5.2 wage earners needed to afford the overall median priced non -resort home in the county. Figure 25. Deed Restriction Affordability by Wages, 2015-2023 ■Affordable Home Price $1,400, 000 $1, 200, 000 Median Eagle County Home Price - $1,055,000 $1,000, 000 $800,000 $600,000 $400,000 $ 200, 000 $0 Source: M LS, lobsEQ, Economic & Planning Systems Median Eagle County Non- Median Eagle County Resort Home Price Deed Restricted Home Price after Contribution 1 2 3 4 5 Earners per Household 6 Economic & Planning Systems, Inc. 62 Housing Resources 8. Outreach Community and stakeholder outreach was a key part of this effort. There were four main components to this outreach: • Stakeholder interviews: EPS interviewed a number of property managers and realtors to get a deeper understanding of market trends and current conditions • Focus groups: EPS, in partnership with Habitat for Humanity Vail Valley, conducted focus groups of residents representing key community sectors (e.g., residents in deed restricted housing, mobile home residents) • Community survey: RRC Associates conducted a survey of local residents and employees to better understand current housing needs and future housing preferences • Employer survey: RRC Associates conducted a survey of local employers to understand the housing needs and challenges they are facing, both with current employees and recruitment, as well as housing assistance they are already providing and what they would like to provide in the future Stakeholder Interviews EPS conducted seven interviews with local stakeholders in the real estate, rental and insurance markets as well as representatives from large local employers. Several key themes emerged from the interviews: • The housing market in the Eagle Valley grew dramatically during the COVID-19 pandemic. • Construction costs are very high, so builders prioritize higher -margin luxury homes. When local homeowners sell, they tend to either move down -valley or leave Eagle County altogether to find housing that is more affordable. • In the rental market, landlords prefer long-term local tenants. They keep rent below market rate to keep a good local tenant, then bring rent back to market rate when a unit turns over. • Landlords are curious about partnering with employers to provide employee housing. • Although some real estate and rental professionals are familiar with current deed restriction and down payment assistance programs, there is confusion about how they work and who can apply. Economic & Planning Systems, Inc. 63 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Focus Groups EPS, in partnership with Habitat for Humanity Vail Valley, conducted five focus groups with key community stakeholders and those significantly impacted by housing issues, as well as a series of phone interviews with in -commuters to the county. Focus groups included: • Residents in deed restricted housing • Residents in subsidized rental housing • Mobile home residents These conversations highlighted some of the key challenges that residents are facing, as well as opportunities they see to better assist current and future residents with housing needs. Across all groups, participants highlighted the changes that have been felt since 2020 - while housing was a significant challenge prior to that, many people noted that challenges have become even worse, and in some cases insurmountable, leading residents to move out of the area. Other consistent feedback across focus groups includes: Overcrowding: The prevalence of overcrowding was noted in almost every group, including new residents, young residents, single parents, and families. All segments of the community are feeling the price and availability pressure and often sharing units or living in units too small for their needs. Subleasing is common, with people renting out rooms to multiple people or renting out couches within units. Often, the person subletting the unit does not live there. Multiple stories were relayed of severe overcrowding situations, including multiple families living in small apartments (e.g.,16 people in a 2-bedroom unit), bunk beds set up in living rooms, shared bathroom schedules, and one story of over 10 people living in a single mobile home, each paying $450 per month in rent. Scarcity of available housing: The lack of available housing was brought up consistently. Residents in deed restricted housing noted that without that housing they likely would have had to move out of the county. Others noted that affordable housing has long wait lists that can be multiple years long (those who got in feel very lucky), and to find any housing - affordable or not - you need personal connections. Relying on public listings generally will not be successful since there is an overwhelming amount of interest, and many property owners and landlords have stopped posting listings and only rely on personal networks. Rising costs: Rent and home prices have increased significantly over time. Participants noted that rents can often increase by 10 to 15 percent per year, making affordability a persistent challenge. Rent increases often force people to Economic & Planning Systems, Inc. 64 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS relocate or downsize. Others noted that renting a couch is currently between $800 and $1,000 per month. Seasonal rent fluctuations (with higher rents during ski season) create additional challenges, particularly for seasonal employees such as J1 Visa holders. In addition to rent costs, security deposits and upfront costs are a major barrier to securing housing, and other costs such as utilities and heating put increased burdens on residents. Some residents noted they have forgone health insurance because they cannot afford it on top of the other costs of living in the community. Frequent moves: Many residents had to move multiple times due to housing scarcity and rising costs. Life changes are also a significant factor impacting multiple moves, particularly breakups/divorces. Many residents face overcrowded or substandard living conditions while looking for stable housing. Some residents have had to stay in hotels, which are very costly, due to a lack of available rental options. Challenges for families: Families, particularly those with young children, face additional challenges. Finding affordable housing large enough for a family can be difficult, often leading to overcrowding (e.g., an entire family living in a 1-bedroom unit, or in one bedroom of a shared unit). Childcare availability and costs also create significant challenges - affordable childcare options are scarce and have long waitlists, leading many to rely on relatives or informal childcare arrangements, or making it difficult to work before children are in school. Transportation challenges: Public transportation is not always a viable option due to limited schedules, leading to reliance on personal vehicles despite long or hazardous commutes. For those who need to use their personal vehicles to commute, the high cost of gas adds to financial strain. Mobile Home Challenges In addition to general housing challenges heard across all groups, which were echoed by mobile home residents, specific issues related to mobile homes also came up. These include housing insecurity (as a result of owning their home but not the land beneath it), rising lot rents, high utility bills (particularly heating), and lack of access to programs and resources available to other homeowners (e.g., financial aid for home repairs). Participants noted that language barriers can create additional challenges to accessing resources, and some residents are hesitant to report issues because they fear police involvement. Information about available resources is often spread through word of mouth and informal channels (e.g., Facebook groups) rather than official channels. Economic & Planning Systems, Inc. 65 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Commuter Considerations Outreach to employees who currently work in Eagle County but live elsewhere focused on the reasons for leaving (if they previously lived in the county) and for continuing to commute. Common themes included: Availability and type of housing: interviewees notes that the type of home they live in either is not available or affordable in Eagle County (size, storage, home type, etc.) or if it available, it is in a down -valley location that would be as long or a longer commute. Some interviewees also noted a preference for homeownership in a more affordable area over renting in Eagle County. Cost of housing: cost was the most commonly noted factor. Many workers cannot afford to buy or rent in the county, even with stable jobs. Some interviewees left the county after significant rent increases or trying unsuccessfully to purchase homes (e.g., being outbid or priced out of available inventory). Community: many interviewees noted that even if they could afford Eagle County, they prefer their home community. They have spent time and invested in these places, and particularly when they have children who are attending school, do not want to break those ties. Stable jobs: interviewees noted that the benefits of their jobs outweigh the downside of the commutes. Many work hybrid schedules, which reduces commute time. Often the pay in Eagle County is higher than a similar job in their home community (if a job were available - for example, healthcare jobs are concentrated in Eagle County) which also keeps people in these positions. Employer perspective: interviewees who are also involved in hiring noted that they see the impacts of housing needs in the recruitment process as well. Their employers are struggling to recruit and retain workers because of the high cost of housing. Positions that require in -person work are particularly hard to fill, and applicants often turn down job offers once they realize they cannot afford to live in the area. Some employers will not extend an offer unless a candidate already has secure housing. Household and Employee Survey This section provides a summary of the results of the 2024 Eagle River Valley Household and Employee Survey that was conducted during winter and spring 2024. The survey was intended to provide insights regarding the housing conditions and needs of residents of the Eagle River Valley and in -commuters to the valley, and allow for more in-depth and nuanced understanding of several resident housing issues than is possible from other published data sources. Economic & Planning Systems, Inc. 66 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Methodology Mail Survey Distribution. Surveys were mailed to a random sample of 8,000 households living in the Eagle River valley, using a list purchased from a commercial vendor. The survey was accompanied by a bilingual cover letter which explained options to complete the survey either via paper in English or online in English or Spanish. Respondents were also invited to participate in a random drawing for one of five $100 Visa gift cards and other prizes from local businesses. Open Link Survey Distribution. Shortly after the mail survey was distributed, the survey was opened up to the entire Eagle River Valley community to participate. This 'open link' survey was promoted by partner governments via press releases and in-house communication channels. Additionally, the survey was publicized via Facebook ads, in English and Spanish; distributed by some employers to their employees; and promoted via bilingual in -person contacts by Habitat for Humanity Vail Valley. Survey Responses. A total of 2,749 usable survey responses were received (2,343 survey completes and 396 partial completes; with 399 responses in Spanish and 2,350 in English). This includes 1,121 responses to the mailed invite (a response rate of 15.8%, after factoring out 915 surveys that were returned as undeliverable); 353 responses to the Facebook ads; and 1,275 responses to the other outreach methods. While responses were tracked separately by methodology, they are demographically complementary of one another, and have been combined for purposes of analysis and reporting. The 95 percent confidence interval for a sample of 2,749 is +/-1.9 percentage points. Data Weighting. For respondents living within the Eagle River Valley, the survey results were weighted within each major zip code' by housing tenure (own/rent), householder age, householder Hispanic origin, and household size. Additionally, the results were weighted by zip to match the geographic distribution of households. Benchmarking data on householder age, Hispanic origin, household size, and the distribution of households by zip were obtained from US Census American Community Survey (ACS) 2018-22 five-year data. Housing tenure by zip was based on the 2020 Decennial Census. As a result of the weighting, the survey's demographic representativeness was enhanced both within each zip in the study area, and across zips in the area. i Demographic weighting was applied within the following zips: 81620-Avon, 81631-Eagle, 81632-Edwards, 81637-Gypsum, 81645-Minturn, and 81657 & 81658-Vail. Weighting was not applied within the zips corresponding to Red Cliff, Wolcott, Bond, Burns and McCoy due to small sample sizes. Weighting was not applied to in -commuters from other counties due to the small number of responses received. Economic & Planning Systems, Inc. 67 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Analysis The survey results provide a large data set that can be analyzed as a whole and segmented in a variety of ways, such as by place of residence and housing tenure (own/rent). In this chapter, selected housing characteristics are first summarized by place of residence. The remaining discussion focuses on the "overall" results and compares the responses of owners and renters, particularly regarding housing challenges and needs, and preferences and opinions regarding housing. Housing Tenure by Place of Residence Figure 26 provides an overview of housing tenure across different geographic regions. Overall, 63% of respondents own their homes, while 27% rent with a lease agreement and 7% rent without one. Additionally, 2% were staying with friends or family without renting or owning, 1% classify their housing situation as "Other," and another 1% report not having housing. By region, homeownership is highest in the Lower Valley (71%), followed by the Upper Valley (65%) and Mid Valley (58%). Conversely, renting is most prevalent in the Mid Valley (39%), followed by the Upper Valley (33%) and Lower Valley (25%). Figure 26: Do you own or rent your residence? Overall Where do you live now? Upper Valley' Mid Valley2 Lower Valley' Other4 Own 63% 65% 58% 71% 54% Rent with a lease agreement 27% 26% 31 % 20% 31 % Rent without a lease agreement 7% 7% 8% 6% 9% 1 don't rent or own; I am staying with friends or famil 2% 1 % 2% 2% 3% Current) don't have housing 1 % 1 % 1 % 0% 0% Other: Sample size (n 1% "Fr 0% 367 1 % 0• 1 % 3% Definitions: 1 Upper Valley (Vail, Minturn, Red Cliff, Hwy 24); 2 Mid Valley (Eagle -Vail, Awn, Beaver Creek, Edwards, Wolcott); 3 Lower Valley (Eagle, Gypsum, Dotsero); 4 Other (Bond, Burns, McCoy, Garfield / Lake / Summit Counties, other). Housing Market Type by Place of Residence Figure 27 provides insights into the housing market types in which respondents live across the different geographic areas. Overall, 70% of respondents reside in free market housing, while 13% live in restricted housing (such as deed -restricted ownership or rentals with income, employment, or disability limits). Additionally, 5% have employer -provided housing, and 13% are unsure of their housing classification. By region free market housing is most prevalent in the Lower Valley (79%) followed by the Upper Valley (69%) and Mid Valley (65%). Restricted housing is most common in the Upper Valley (18%), decreasing to 13% in the Mid Valley Economic & Planning Systems, Inc. 68 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS and 9% in the Lower Valley. Similarly, employer -provided housing is also most common in the Upper Valley (8%), decreasing to 5% in the Mid Valley and 2% in the Lower Valley. Figure 27: Do you live in: OVERALL Where do you live now? Upper Valley Mid Valley' Lower Valley' Other4 Free market housing 70% 69% 657/o 79% 62% Restricted housing (such as deed -restricted ownership; rentals with income, employment or 13% 18% 13% 9% 7% Housing provided by my employer 5% 8% 5% 2% 12% Don't know / unsure 13% 5%1 16% 10% 19% Definitions: 1 Upper Valley (Vail, Minturn, Red Cliff, Hwy 24); 2 Mid Valley (Eagle -Vail, Awn, Beaver Creek, Edwards, Wolcott); 3 Lower Valley (Eagle, Gypsum, Dotsero); 4 Other (Bond, Burns, McCoy, Garfield / Lake / Summit Counties, other). Expected Future Duration of Residence in the Area and Reasons for Leaving Figure 28 provides insights into how long respondents plan to continue living in the area, broken down by whether they own or rent their residence. Overall, the results show that renters anticipate remaining in the region for a shorter duration than homeowners. In particular, renters are less likely to anticipate staying 10+ years (51%) than are owners (74%), and are more likely to anticipate staying five years or less (40%) than owners (18%). Figure 28: How much longer do you plan on living in the area? Overall Housing Tenure Own Rent Under 6 months 2% 1 % 4% 6 —12 months 3% 1 % 5% 1 — 2 years 8% 6% 13% 3 — 5 years 14% 11 % 18% 6 — 9 years 9% 8% 9% 10 —19 years 16% L— 18% 13% 20 or more years 49% C 56% 38% Figure 29 explores the primary reasons respondents are considering leaving the Eagle Valley area within the next five years. The most common reason cited was the pursuit of better or more affordable housing opportunities (56%), followed distantly by desire to buy a home (30%), better quality of life (26%), better/different job opportunities (18%), and retirement (18%) - indicating that housing issues are the leading reason for anticipating a move out of the region. Economic & Planning Systems, Inc. 69 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Renters were much more likely to than homeowners to cite better/more affordable housing (73% and 42% respectively) and to be able to buy a home (54% and 8%), highlighting the importance of housing affordability and homeownership in driving anticipated moves out of the region, especially for renters but also some owners. Conversely, owners were more likely than renters to cite retirement (30% vs. 4%) and "other" reasons (26% vs. 7%). Figure 29: If planning on leaving the area in five years or less, why are you likely to leave the area? Overall Housing Tenure Own Rent Better / more affordable housing opportunities 56% 42% 73% To be able to buy a home 30% 8% 54% Better quality of life 26% 29% 22% Better or different job opportunities 19% 14% 22% Retirement 18% 30% 4% Change in household / family status 11 % 14% 9% Go back to school 3% 1 % 4% Other: 17% .. 26% 366 7% 386 Satisfaction with Community and Current Residence Most respondents expressed high levels of satisfaction with their community (Figure 30), with 63% reporting they are either "satisfied" (33%) or "very satisfied" (30%). Homeowners were generally more satisfied than renters, with 38% of homeowners being "Very Satisfied" compared to only 18% of renters. Conversely, dissatisfaction was more pronounced among renters, as 25% indicated they were "somewhat dissatisfied" or "very dissatisfied," compared to 13% of homeowners. These disparities suggest that resident housing status and housing conditions likely significantly influences community satisfaction. Figure 30: Which best describes your satisfaction with the community where you live? Overall Housing Tenure Own Rent 1 - Very dissatisfied 7% 4% 10% 2 - Somewhat dissatisfied 11 % 8% 15% 3 - Somewhat satisfied 19% 16% 25% 4 - Satisfied 33% 34% 33% 5 - Very satisfied 30` . 38% 1,004 18% A majority (63% very satisfied or satisfied) expressed satisfaction with their current residence (Figure 31), with homeowners showing higher satisfaction levels (74% very satisfied or satisfied) than renters (43%). Renters were more likely to be "somewhat dissatisfied" (18%) or "very dissatisfied" (10%) compared to homeowners (7% and 4% respectively). Economic & Planning Systems, Inc. 70 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 31: Which best describes your satisfaction with your current residence? Overall Housing Own Tenure Rent 1 - Very dissatisfied 7% 4% 10% 2 - Somewhat dissatisfied 11 % 7% 18% 3 - Somewhat satisfied 20% 15% 29% 4 - Satisfied 30% 30% 30% 5 - Very satisfied Average 33% 1 44% 3.7 4.01��. 13% Figure 32 identifies the main issues causing dissatisfaction with current residence. "Too expensive" emerged as the top concern overall (48%), followed by small size or overcrowding (33%), the desire for homeownership (29%), and the need for repairs (28%). Overall, renters cited a greater number of reasons for dissatisfaction (2.86 reasons on average) than homeowners (1.87 reasons). Renters were much more likely than homeowners to cite too expensive (60% vs. 36%), currently rent/prefer to buy (55% vs. 3%), unstable housing (30% vs. 4%), need to have roommates (20% vs. 10%), feel unsafe (10% vs. 5%), and pets not allowed (10% vs. 1%). Homeowners were more likely than renters to cite disturbance from nearby STRs (21% vs. 10%), poor access to transit (9% vs. 5%), and `other" reasons (29% vs. 9%), Figure 32: If dissatisfied or somewhat satisfied with your current residence, why are you not fully satisfied? Overall Housing Tenure Own Rent Too expensive 48% 36% 60% Too small / overcrowded 33% 31 % 35% Currently rent, prefer to buy 29% 3% 55% Needs repairs / poor condition 28% 27% 30% Unstable housing (afraid I'll have to move when I do not want to) 18% 4% 30% 1 need to have roommates and would prefer not to 16% 10% 20% Disturbance from nearby short-term rentals 15% 21% 10% Too far from work 8% 9% 8% Location or living situation does not feel safe 8% 5% 10% Poor access to transit 7% 9% 5% Pets not allowed 5% 1 % 10% Forced to live with my ex b/c cannot find/afford separate places to live 3% 2% 4% Other: 18% 1 29% LJ 9% Economic & Planning Systems, Inc. 71 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Housing Search Figure 33 illustrates the level of difficulty respondents face in finding suitable housing in the Eagle Valley area. Overall, 41% of respondents reported that it was "very difficult" to find suitable housing when they last moved, including 59% of renters and a lower 31% of owners. While this may in part reflect differences with the rental and for -sale markets, it also reflects differences in timing, as renters are much more likely to have moved recently than owners (e.g., 53% of renters moved in the past two years, vs. 11% of owners). Figure 33: When you last moved within the Eagle River Valley or surrounding region, how hard was it to find housing that met your needs and that you could afford? Overall Housing Tenure Own Rent Not difficult 22% 30% 8% Moderately difficult 31% 37% 23% Very difficult 41% 31% 59% 1 have yet to find such housing 5% 2% 9% In another measure of housing search challenges, fully 81% of renters said they felt pressured to take the first housing they could find when they last moved, as compared to a lower but still sizeable 40% of owners (Figure 34). In contrast, homeowners had more flexibility, with 48% stating they could shop for housing that met their preferences well (vs. 10% of renters). Again, the results likely in part reflect timing differences when owners and renters last moved. Figure 34: When you last moved within the Eagle River Valley or the surrounding region, did you: Overall Housing Tenure Own Rent Feel pressured to take the first housing you could find regardless of your preferences because options were limited, OR 55% 40% 81 % Feel you could shop for and find housing that met your preferences well 34% 48% 10% Other: 11 %J 12% 80/10 Housing Security and Unwanted Moves This section addresses how secure respondents feel in their current housing situation. Homeowners largely feel "very secure" (67%), while only 17% of renters feel the same (Figure 35). Insecurity is a major concern among renters, with 20% feeling "Somewhat insecure" and 16% "Very insecure." This disparity highlights the difference in stability between renting and owning a home. Economic & Planning Systems, Inc. 72 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 35: How secure do you feel in your current housing situation, in terms of your ability to stay in your home (and not be forced to move)? Overall Housing Tenure Own Rent Very secure 49% 67% 17% Somewhat secure 30% 23% 41% Somewhat insecure 10% 4% 20% Very insecure 9% 4% 16% Don't know / not sure 3% 1 % 5% Other: 1 % 1 % 1 % Figure 36 reports on the prevalence of involuntary moves, with 19% of respondents indicating they had to move from a residence when they did not want to in the past five years. This issue was particularly acute among renters, 40% of whom reported having to move against their wishes, compared to just 6% of homeowners. The results point to the instability and vulnerability experienced by many renters. Figure 36: In the past 5 years, have you had to move out of a home in the Eagle River Valley or the surrounding area when you didn't want to move? Overall Housing Tenure Own Rent Yes 19% 6% 40% No 81% 94% 60% Figure 37 provides insights into why respondents had to leave their residences unwillingly. The leading reasons were significant rent increases (35%) and landlords selling their properties (28%), followed by personal reasons (21%) and owner turning the unit into a vacation rental (18%). Renters were particularly affected by these issues, reflecting the precarious nature of some rental housing in the region. Economic & Planning Systems, Inc. 73 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 37: (If had to move) What were the reason(s) you had to move? Overall Housing Tenure Own Rent Big rent increase (How much did the monthly rent go up?) 35% 38% 33% Owner sold my rental unit 28% 33% 27% Personal reasons (e.g. divorce, breakup, unsafe living situation, etc.) 21% 20% 22% Owner turned the unit into a vacation rental 18% 21% 18% Could not afford to pay rent / mortgage due to a job or income loss 11% 8% 9% Owner wouldn't commit to a long lease (six months or more) 11% 9% 11% Big increase in other housing costs (e.g. utilities, HOA fees, etc.) 10% 7% 10% Change in household size (e.g. had children, lost a roommate, etc.) 10% 11% 10% Owner moved in 9% 9% 10% Changed jobs and could no longer live in employer -provided housing =1 8% 6% 9% Evicted from home / apartment 6% 5% 6% Pets not allowed 5% 6% 5% Other: 13% 16% 12% ON�. Figure 38 addresses whether respondents can meet their essential expenses without incurring additional debt. Homeowners generally have more financial resources, with 85% able to cover their expenses compared to only 63% of renters, pointing to the financial vulnerabilities correlated with housing tenure. Figure 38: Are you able to pay for all your essential expenses each month (e.g., housing, utilities, food, childcare, insurance, loan payments, etc.) without accumulating additional debt? Overall Housing Tenure Own Rent Yes 77% 85% 63% No 13% 9% 21% Uncertain I 10% 6% 17% i Assessment of Housing as a Community Problem and Priority Figure 39 explores respondents' views on the degree to which housing is a community problem. A large majority (84%) consider housing availability to be a serious or critical problem, with renters (60%) more likely to identify it as the region's "most critical problem" than owners (41%). These findings underscore the need for addressing housing supply and affordability and its perceived importance relative to other issues. Economic & Planning Systems, Inc. 74 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 39: Do you feel the availability of housing for residents and workers in the region is: Overall Housing Tenure Own Rent Not a problem 2% 2% 2% One of the region's lesser problems j 3% u 3% 3% A moderate problem 11 % 0 13% _ 7% One of the more serious problems 6% 040% 29% The most critical problem in the region 48%111 141% 60% •: Housing Preferences Figure 40 through Figure 42 examine the leading factors influencing respondents' housing choices. "Cost of housing" consistently ranks as the most important factor, particularly among renters. Proximity to work, type of residence, and community character are also significant considerations. Differences between renters and homeowners suggest varying priorities based on financial constraints, housing amenities and limitations commonly associated with owned and rented units, and lifestyle preferences. Homeowners sometimes have the luxury of prioritizing a broader array of factors than renters, who are more likely to need to prioritize key basics and to navigate constraints which are more common with rental housing than for -sale housing. Figure 40: Which factor is most important to you when looking for a place to live? Overall Housing Tenure Own Rent Cost of housing to buy / rent 36% 27% 50% Proximity to my job 18% 17% 21 % Type of residence (single-family, condo, etc.) 8% 11% 2% Community character ('look and feel,' family orientation, etc.) 7% 11% 1% Pets allowed 5% 3% 9% Proximity to alpine skiing 5% 7% 1 % Community amenities (parks, libraries, etc.) 4% 5% 2% Proximity to daycare or schools 4% 3% 5% Washer/dryer in unit 4% 3% 4% Proximity to commercial services (shopping, dining, etc.) 3% 5% 1% Proximity to job(s) of other members of my household 3% 3% 2% Garage 2% 3% 1 % Proximity to ECO Transit bus service 1 % 1 % 1 % Extra storage/locker (if don't have garage) 0% 0% 0% Economic & Planning Systems, Inc. 75 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 41: Two most important factors when looking for a place to live Overall Housing Tenure Own Rent Cost of housing to buy / rent 48% 39% 63% Proximity to my job 29% 26% 35% Type of residence (single-family, condo, etc.) 18% 23% 9% Community character ('look and feel,' family orientation, etc.) 14% 20% 4% Pets allowed V 13% 9% 20% Community amenities (parks, libraries, etc.) 11% 14% 6% Washer/dryer in unit 10% 8% 15% Proximity to commercial services (shopping, dining, etc.) 9% 12% 5% Proximity to daycare or schools 19% 9% 10% Garage 9% 11% 5% Proximity to alpine skiing 9% 12% 4% Proximity to job(s) of other members of my household 8% 8% 8% Proximity to ECO Transit bus service 2% 2% 2% Extra storage/locker (if don't have garage) 1 % 1 % 2% Figure 42: Three most important factors when looking for a place to live Overall Housing Tenure Own Rent Cost of housing to buy / rent 54% 45% 70% Proximity to my job 36% 31 % 45% Type of residence (single-family, condo, etc.) 26% 31% 15% Community character ('look and feel,' family orientation, etc.) 22% 29% 8% Washer/dryer in unit 22% 16% 32% Pets allowed 20% 16% 26% Garage 19% 23% 11% Community amenities (parks, libraries, etc.) 18% 22% 11% Proximity to commercial services (shopping, dining, etc.) 1 17% 20% 11% Proximity to alpine skiing 14% 18% 7% Proximity to daycare or schools =1 13% 12% 13% Proximity to job(s) of other members of my household 12% 11% 12% Proximity to ECO Transit bus service 4% 3% 5% Extra storage/locker (if don't have garage) 3% 2% 6% ., Desired Housing Improvements Figure 43 identifies key improvements respondents believe would enhance their housing situations. Most homeowners are content, with 58% saying they are happy with their housing situation. By contrast, fully 91% of renters identified one or more factors that would improve their housing situation, led by factors that would help them move into homeownership - including finding a home they can afford to buy (64%), help with down payment and closing costs to buy a home (41%), and help getting a Economic & Planning Systems, Inc. 76 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS loan to buy a home (37%). Additionally, many renters identified factors that would ameliorate their rental housing situation, including assurance of being able to stay in their unit for awhile (34%), assistance to help pay rent (30%), and help finding rental housing (27%). Figure 43: What do you feel you need to improve your housing situation? Overall Housing Tenure Own Rent N/A; I am happy with my housing situation 41 % 58% 9% Finding a home I can afford to buy 32% 15% 64% Help with a down payment and closing costs to buy a home 17% 4% 41% Help getting a loan to buy a home 14% 3% 37% Help with repairs to my home 14% 18% 6% Money to help me get through emergencies when they arise 13% 11 % 19% Assistance to help me pay rent or other housing costs each month 13% 5% 30% Assurance I can stay in my rental unit for a while (e.g. longer lease term) 12% 1 % 34% Help finding rental housing 10% 0% 27% Help with security deposit / first & last months' rent 7% 1 % 19% Money or technical assistance to build an ADU on my lot 6% 7% 3% Better access to transit 5% 5% 5% Assistance to make my home more accessible & safe to live in 4% 4% 6% Finding a compatible housemate to share my/a home 4% 3% 6% Where to find landlords that accept people w/o a Soc Sec # 2% 0% 5% Other: 7% 4/ ❑ 9% 4% Aw Interest in Moving if Housing That Is Affordable Was Available Figure 44, Figure 45, and Figure 46 explore respondents' potential future interest in moving. A majority of respondents would consider moving if affordable housing were available (74%), particularly to buy a home. Renters are particularly inclined to consider moving because they want to buy or to find a less expensive home. Homeowners are most likely to consider moving to find a larger home (38%) or a less expensive home (26%), among other reasons. Figure 44: If housing were available that you could afford, would you consider moving within or to the Eagle River Valley in the next 5 years (e.g., for reasons of convenience, economics, or quality of life)? Overall Housing Tenure Own Rent Yes, if I could BUY a home 60% 56% 677/o Yes, if I could RENT a home 4% 0% 9% Yes, if I could BUY OR RENT a home 11% 4% 20% No 26% 40% 3% Economic & Planning Systems, Inc. 77 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 45: (If you would not consider moving) Why not? Overall Housing Tenure Own Rent I prefer to live in my present community / residence 80% 82% 56% 1 expect to move outside the region 14% 13% 33% Other reason: 6% 5% 11 % Figure 46: (If you would consider moving) Why would you consider moving to a different home? Overall Housing Tenure Own Rent To find a less expensive home 38% 26% 54% To find a larger home 37% 38% 37% Currently rent, want to buy 27% 2% 61 % To be closer to work 17% 13% 22% To live in a different community 15% 19% 11% To live in a more rural setting 14% 20% 8% To live in or closer to a town 9% 9% 9% To find a smaller home 7% 11 % 0% To live in senior housing 6% 9% 2% To have better access to transit 5% 4% 6% Prefer to rent 2% 0% 4% Other: 10% WE 15% . , 4% 22111 Renter Attitudes Toward Deed -Restricted Homeownership This section covers interest in deed -restricted housing as a potential solution for affordable homeownership. These figures represent questions that were only asked to renters. Renters exhibit significant interest in deed -restricted homeownership if it were the only affordable purchase option available, with 49% saying they'd be very interested and 31% saying they'd be somewhat interested (Figure 47). Consistent with that interest, 41% of renters have considered buying a deed - restricted home in the region but didn't buy one (Figure 48). The leading reasons for not purchasing were because they were not chosen in the lottery (43%) or long waitlists (38%), and inability to afford payments (29%) (Figure 49). Economic & Planning Systems, Inc. 78 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 47: (If currently rent) How interested would you be in buying a home if the only affordable option was a deed -restricted home with resale restrictions? Do you own or rent your residence? Rent Very interested 49% F 31% 0 9% 1 11 % :.I Somewhat interested Not at all interested Don't know / not sure Figure 48: (if currently rent) Have you ever considered buying a deed -restricted home in the region and didn't buy one? Do you own or rent your residence? Rent Yes 41% 59% No Figure 49: (If have considered buying a deed -restricted home and did not) What were the reasons you did not buy a deed -restricted home? Do you own or rent your residence? Rent Wasn't chosen in the lottery 0 Q 0 0 0 �- 43% 38% 29% 21% 16% 16% 13% 13% 8% 7% 6% 9% Waitlist is too long Couldn't afford monthly payments Resale restrictions / not a good investment Not desired housing type Didn't meet income limits Not enough credit / no credit Couldn't get a mortgage Not desired location Employment rules for owning Can't buy without a Social Security Number (SSN) Other: Economic & Planning Systems, Inc. 79 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Retirement Housing Plans Figure 50 and Figure 51 examine how respondents' housing plans may change upon retirement. Among respondents aged 50 or older, a considerable portion of homeowners (44%) are "extremely likely" to stay in the region upon retirement, while renters show more uncertainty. Downsizing to a smaller home is of interest to some, with 15% saying they are extremely likely to downsize. Figure 50: (If age 50 or older) When you retire, how likely are you to stay in the region? Overall Housing Tenure Own Rent 1 - Not at all likely 12% 9% 19% 2 8% 8% 9% 3 13% 13% 15% 4 16% 17% 11% 5 - Extremely likely 41 % 44% 27% Don't know / not applicable 11% 9% 19% Figure 51: (If age 50 or older) When you retire, how likely are you to rent or purchase a smaller home? Overall Housing Tenure Own Rent 1 - Not at all likely 0% 34% 16% 2 10% 11% 7% 3 13% 13% 14% 4 12% 11% 13% 5 - Extremely likely 15% 12% 24% Don't know / not applicable 20% 18% 26% Senior Housing Figure 52 highlights seniors' future interest in various housing services. Renters show a higher interest in affordable rental housing and assistance services than owners, suggesting a need for supportive housing policies that cater to renters. Services related to physical assistance, accessibility and safety are of great interest to many renters as well. Homeowners tend to express less interest in the various types of services than renters, although many owners do express interest in help maintaining their home/yard and making their home more safe and accessible to live in. Economic & Planning Systems, Inc. 80 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 52: If at least one person is age 65 or older in your household, please indicate how interested you would be in using the following services in the future. Affordable rental housing Overall Housing Tenure Own Rent 1 - Not Interested 52% 56% 28% 2 1 5% ] 5% 1% 3 6% ] 6% 4% 4 4% 3% 7% 5 - Very Interested 14% 9% 50% Don't know / not applicable 20% ] 22% 10% Rental housing that includes services (meals, transportation, activities) Overall Housing Tenure Own Rent 1 - Not Interested 48% 52% 18% 2 8% 6% 21% 3 12% 11% 15% 4 7% 6% 10% 5 - Very Interested 9% 7%1 24% Don't know / not applicable Assistance to maintain your home or yard 17% Overall 18% 12% Housing Tenure Own Rent 1 - Not Interested 25% 27% 11% 2 5% ] 4% 15% 3 17% C 16% 23% 4 14% ] 14% 18% 5 - Very Interested 27% E-- 27% 23% Don't know / not applicable 12% ] 12% 10% t Assistance to make your home more accessible & safe to live in Overall Housing Tenure Own Rent 1 - Not Interested 31 % 33% 15 0 2 7% 7% 3% 3 14% 14% ] 13% 4 11% 11% �_ 16% 5 - Very Interested 23% 20% 41 % Don't know / not applicable 14% 14% 12% Ei Economic & Planning Systems, Inc. 81 Outreach EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Summary The survey results provide valuable insights into the housing challenges faced by residents in the Eagle Valley region, as well as some of the opportunities available to address those needs. The results also highlight important differences and disparities in the housing needs facing renters and homeowners. Key findings include: 1. Housing Affordability and Availability: A predominant concern, especially among renters, is the lack of affordable housing, both to rent and to buy. Many renters are considering leaving the region in search of more affordable options or to buy a home, emphasizing the critical need for increased affordable housing offerings. 2. Satisfaction and Security: Homeowners generally report higher satisfaction with their communities and residences, along with a greater sense of housing security. Renters, in contrast, are more likely to experience dissatisfaction, housing instability, financial constraints, and limited housing choices. 3. Housing Preferences and Needs: The cost of housing is the primary factor influencing housing choices for both homeowners and renters. The data also highlights a significant interest in homeownership among renters, and openness to deed -restricted homeownership as a solution. Overall, the findings underscore the need for targeted efforts to increase affordable housing options, enhance housing stability, and address the diverse needs of both homeowners and renters in the Eagle Valley region. There is also broad consensus that housing is a serious or critical problem and an important policy priority. Future policy initiatives should focus on alleviating the pressure on the rental market, providing pathways to homeownership, and ensuring that housing developments are aligned with the economic realities and preferences of residents. Economic & Planning Systems, Inc. 82 Outreach 9. Housing Development Challenges and Opportunities Housing needs in Eagle County are exacerbated by development challenges. Building new units will help address housing needs, however there are limited development opportunities and the magnitude of development costs means that it is impossible to build new development that is affordable to local residents without financial assistance. Development Challenges Key development challenges include: Land Scarcity: A 2022 analysis of vacant and developable land in the county indicated a total of 1,316 acres of vacant land that is potentially suitable for community housing development. Although more vacant land exists in the county, natural and geological factors significantly impact where development can take place. Development Costs: The cost of new housing development has been increasing across the state, but this increase has been felt acutely in mountain communities. The increased costs of both materials and labor in these communities exacerbate this issue, making development of housing affordable to local residents prohibitively expensive without financial assistance. Non -Local Demand for New Product: As a resort and destination community, there is significant demand for new housing product from non-residents of the county. This creates additional competition for new housing, and also puts price pressure on new units, as external buyers or renters can often pay more than local residents. While this pressure is currently felt most acutely in the upper- and mid - valley, as development opportunities get built out in those areas and development is concentrated in the lower valley, these pressures may migrate down -valley alongside development. Development Opportunities Many jurisdictions in Eagle County have created land use policies, regulations, and funding sources to address housing. Chapter 7, Housing Resources, lists and describes the numerous programs in place that can create housing opportunities. Economic & Planning Systems, Inc. 83 Housing Development Challenges and Opportunities THIS PAGE INTENTIONALLY LEFT BLANK 10. Current and Projected Housing Needs This chapter outlines the current and projected housing needs in Eagle County over the next 10 years, considering where current needs are unmet and where future needs are expected. These numbers represent the total need for the county - communities often do not (and cannot) address 100 percent of identified needs. But by understanding the different components of need, each jurisdiction can set informed goals and priorities and better target their available resources. The amount of housing need that is addressed within the region ultimately depends on regional and local capacity, resources, partnerships, and policy. This need also does not necessarily represent new development that is needed, but rather the number of units needed for local occupancy - this can be achieved through a combination of new development and acquisition of existing units not currently occupied year-round. ANALYSIS FRAMEWORK Housing needs that are translated from jobs to housing through the following factors: • 1.3 jobs per person (to move from cobs to employees) • 1.7 employees per housing (to move from employees to housing) • 5% vacancy rate (to take housing needs to total housing units) Housing needs are allocated by tenure and income based on the following assumptions: • Households are distributed by income and AMI based on the 2024 County AMI distribution (based on the resident survey) o Needs that are directly based on job growth are distributed based on wages and household formation • All households below 100% AMI ($98,887) are assumed to be renters • Households between 100% and 140% AMI ($98,887 to $138,442) are distributed 50% owners and 50% renters • Households above 140% AMI ($138,442) are distributed 70% owners and 30% renters Summary of Need Overall, Eagle County needs 6,400 housing units over the next 10 years. As shown in Table 42, this includes 2,600 units to address existing housing shortages, and 3,700 units to address projected housing needs. There is more need for rental housing than ownership, with 72 percent of total housing need for rental housing. Economic & Planning Systems, Inc. 85 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 42. Summary of Housing Need Extremely Low Income (<30% AMI) 157 0 157 0 0 0 157 0 157 Very Low Income (31-50%AMI) 216 0 216 0 0 0 216 0 216 Low Income (51% - 80% AMI) 496 0 496 1,069 0 1,069 1,565 0 1,565 Moderate Income 81 % - 100% 256 0 256 1,279 0 1,279 1,536 0 1,536 100% -120% 229 114 114 658 329 329 887 444 444 Middle Income 120% to140% 227 114 114 209 104 104 436 218 218 140% to160% 197 138 59 62 43 18 258 181 78 160% to180% 154 108 46 166 116 50 320 224 96 180% to 200% 154 108 46 56 39 17 209 147 63 Greater than 200% 553 387 166 553 387 166 200% to 220% 221 155 66 221 155 66 220% to 240% 16 11 5 16 11 5 Total 2,638 968 1,671 3,736 798 2,938 6,375 1,766 4,608 Source: RRC Associates, U.S. Census Bureau, Colorado Dept. of Labor & Employment, QCEW, JobsEQ, Economic & Planning Systems The largest factors impacting housing need are in -commuters, retirees, and employment growth. As shown in Table 43, in -commuters generate 44 percent of the existing housing shortage and 18 percent of total housing need, while filling jobs vacated by retirees accounts for 26 percent of total housing need, and employment growth accounts for 33 percent of total housing need. Table 43. Housing Need by Source Existing Housing Shortage Overcrowding 686 10.8% Temporary Housing 195 3.1% Commuting 1,160 18.2% Unfilled Jobs 598 9.4% Total Existing Housing Shortage 2,638 41.4% Projected Housing Need Employment Growth 2025-2030 1,002 15.7% Employment Growth 2030-2035 1,088 17.1 % Retirees 2025-2030 855 13.4% Retirees 2030-2035 791 12.4% Total Projected Housing Need 3,736 58.6% Total Units Needed through 2035 6,375 100.0% Source: RRC Associates, U.S. Census Bureau, Colorado Dept. of Labor & Employment, JobsEQ, Economic & Planning Systems Economic & Planning Systems, Inc. 86 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Existing Housing Shortage (Catch Up) Existing housing shortage is estimated using 4 factors: • Reducing/eliminating overcrowding • Reducing/eliminating residents living in temporary housing conditions • Reducing in -commuting • Addressing housing needs associated with unfilled jobs Overcrowding Overcrowded housing units are defined as those with more than 1.0 occupants per room (all rooms). The goal of including overcrowded housing units in the existing housing shortage is to eliminate overcrowding in the county - provide 1 new housing unit for every 1 overcrowded unit. As shown in Table 44, there are an estimated 686 overcrowded housing units in Eagle County, resulting in a need for 686 additional housing units. Table 44. Overcrowded Housing Units, Eagle County, 2022 1.01 to 1.50 occupants per room 452 1.51 or more occupants per room 234 Total Overcrowded Units 686 Source: U.S. Census Bureau, Economic & Planning Systems Temporary Housing Temporary housing includes a variety of housing situations including staying in a hotel or motel, staying with family or friends, and sleeping in a vehicle. The goal of including temporary housing in the existing housing shortage is to eliminate temporary housing in the county - provide 1 new housing unit for every household living in temporary housing conditions. As shown in Table 45, there are an estimated 195 households living in temporary housing conditions, resulting in a need for 195 additional housing units. Economic & Planning Systems, Inc. 87 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 45. Temporary Housing, Eagle County, 2024 Staying with friends orfamily/couch surfing Camper/ RV/van with kitchen and sleeping space Vehicle without kitchen and sleeping space Room in a motel / hotel Tent / outdoors Total Temporary Units 114 60 0 21 195 Source: RRC Associates, U.S. Census Bureau, Economic & Planning Systems Commuting As noted previously, an estimated 11 percent of employees in Eagle County commute into the area for work. Many of these commuters would prefer to live locally if adequate, affordable housing was available. The goal of including in - commuters in the existing housing shortage is to create housing opportunities for in -commuters who would prefer to live locally. As shown in Table 46, applying the in -commuting estimate of 11 percent to the county workforce (accounting for 1.3 jobs per employee) results in approximately 2,900 in -commuters. While 84 percent of survey respondents who work in Eagle County but live elsewhere indicated they would prefer to live locally if they could afford to rent or own, this analysis sets an initial policy goal of housing 65 percent of in -commuters. As shown below, accounting for household formation and a housing vacancy factor, this results in a need for 1,160 new housing units. Table 46. Housing Need Generated by In -Commuters Eagle countyjobs 34,022 Jobs per employee 1_3 Eagle Countyemployees 26,171 % in -commuters 11 % Eagle county in -commuters 2,888 Desired % moving to Eagle County 65% Possible new in -commuter residents 1,877 Employees per household 1_7 Estimated additional households 1,104 Vacancy adjustment 5% Estimated additional housing units 1,160 Source: U.S. Census Bureau, Colorado Dept. of Labor and Employment, RRC Associates, Economic & Planning Systems Economic & Planning Systems, Inc. 88 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Unfilled Jobs The employer survey, along with data from the Colorado Department of Labor and Employment, indicated approximately 3.7 percent of jobs in the county are unfilled. The goal of including unfilled jobs in the existing housing shortage is to ensure available housing for new workers needed to fill these jobs. As shown in Table 47, there are approximately 1,260 unfilled jobs in the county. Applying jobs per employee and employee per household factors, along with a housing vacancy adjustment, this results in a need for 598 new housing units. Table 47. Housing Need Generated by Unfilled Jobs Eagle Countyjobs 34,022 Unfilled jobs as % of total jobs 3.7% Unfilled Jobs 1,259 Jobs per Employee 1_3 Employees needed 968 Employees per household 17 Estimated additional households 570 Vacancy adjustment 5% Estimated additional housing units 598 Source: RRC Associates, Colorado Dept. of Labor and Employment, Economic & Planning Systems Existing Housing Shortage 2,638 total units are needed to accommodate current housing need in the county. As shown in Table 48, the largest share of need (43.9 percent) is generated by in - commuters, followed by overcrowded households (26.0 percent). Housing to accommodate workers filling unfilled jobs (22.7 percent) and households in temporary housing conditions (7.4 percent) account for the remaining portion of existing housing need. Economic & Planning Systems, Inc. 89 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 48. Existing Housing Shortage by Category Overcrowding Number of overcrowded units 686 Adjustment Factor 100% Units needed 686 26.0% Temporary Housing HH in temporary housing 195 Units needed 195 7.4% Commuting Number of in -commuters 2,888 Target relocation % 65% Units needed 1,160 43.9% Unfilled Jobs Employees needed 968 Units needed 598 22.7% Total Units Needed 2,638 100.0% Source: U.S. Census Bureau, Colorado Dept. of Labor and Employment, RRC Associates, Economic & Planning Systems Most of the existing need is for rental units. As shown in Table 49, 63 percent of needed units are rental housing. Within rental housing, the greatest need is for units affordable at 50 to 80% AMI (a household income of $50,432 to $79,110). Within ownership housing, the greatest need is for households earning over 200% AMI (household income of $197,774 or more). Table 49. Existing Housing Shortage by Income and Tenure Extremely Low Income (<30%AMI) 157 0 157 Very Low Income (31 -50%AMI) 216 0 216 Low Income (51 % - 80% AMI) 496 0 496 Moderate Income 81% -100% 256 0 256 100% -120% 229 114 114 Middle Income 120% to 140% 227 114 114 140% to 160% 197 138 59 160% to 180% 154 108 46 180% to 200% 154 108 46 Greater than 200% 553 387 166 Total 2,638 968 1,671 Source: U.S. Census Bureau, Colorado Dept. of Labor and Employment, RRC Associates, Economic & Planning Systems Economic & Planning Systems, Inc. 90 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Projected Housing Needs (Keep Up) Projected housing shortage is estimated using 2 factors: • 10-year job growth • Units needed to accommodate employees filling jobs vacated by retirees through 2035 Employment Growth Projections Employment growth is based on the State Demography Office 10-year job projections for Eagle County and the current distribution of occupations in the county. As shown in Table 50, SDO projects an additional 4,400 jobs in the county by 2035 - 2,109 between 2025 and 2030, and 2,291 between 2030 and 2035. SDO only projects total jobs; these are assumed to have the same occupation mix as current employment in the county, with jobs primarily in food preparation & serving, sales, and office & administrative support. Table 50. Current and Projected Jobs by Occupation Food Preparation and Serving Related Occupations 15.9% $38,900 335 364 699 Sales and Related Occupations 10.4% $47,400 220 239 459 Office and Administrative Support Occupations 10.4% $50,300 219 238 458 Building and Grounds Cleaning and Maintenance Occupations 8.1 % $44,800 170 185 354 Construction and Extraction Occupations 7.9% $59,400 168 182 350 Management Occupations 5.9% $120,200 125 136 260 Business and Financial Operations Occupations 5.6% $78,500 118 128 246 Transportation and Material Moving Occupations 5.5% $47,700 116 126 241 Healthcare Practitioners and Technical Occupations 4.5% $101,400 94 102 196 Personal Care and Service Occupations 4.4% $41,200 94 102 195 Installation, Maintenance, and Repair Occupations 4.0% $60,000 85 92 178 Educational Instruction and Library Occupations 3.6% $57,900 75 82 157 Production Occupations 2.3% $49,700 49 53 103 Protective Service Occupations 2.2% $58,700 45 49 95 Arts, Design, Entertainment, Sports, and Media Occupations 2.1% $60,100 45 48 93 Healthcare Support Occupations 2.0% $49,800 42 46 88 Computer and Mathematical Occupations 1.5% $106,600 31 34 66 Community and Social Service Occupations 1.4% $64,800 29 31 60 Architecture and Engineering Occupations 1.1 % $85,200 24 26 49 Life, Physical, and Social Science Occupations 0.5% $84,800 11 12 23 Legal Occupations 0.4% $129,900 9 10 19 Farming, Fishing, and Forestry Occupations 0.2% $44,000 5 5 9 Total 100.0% $52,900 2,109 2,291 4,400 Source: JobsEQ, Colorado State Demographer's Office, Economic & Planning Systems Economic & Planning Systems, Inc. 91 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS These new jobs are translated to housing demand using the median wage for each occupation. As shown in Table 51, assuming 1.3 jobs per employee and 1.7 employees per household and applying a 5 percent vacancy factor, there is a need for 2,090 new housing units through 2035. The greatest need for rental units is for new households earning 80-100% AMI ($79,110-$98,887); this includes those working in sales, office/administrative support, transportation, education, production, and healthcare support occupations. The greatest need for ownership units is for new households earning 100-120% AMI ($98,887-$118,664); this includes those working in construction, installation, maintenance & repair, protective service, arts & entertainment, and community & social service occupations. Economic & Planning Systems, Inc. 92 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 51. Housing Demand from Employment Growth Food Preparation and Serving Related Occupations $38,900 $66,130 66.9% 335 258 152 159 364 280 165 173 Sales and Related Occupations $47,400 $80,580 81.5% 220 169 100 105 239 184 108 114 Office and Administrative Support Occupations $50,300 $85,510 86.5% 219 169 99 104 238 183 108 113 Building and Grounds Cleaning and Maintenance Occupations $44,800 $76,160 77.0% 170 131 77 81 185 142 84 88 Construction and Extraction Occupations $59,400 $100,980 102.1% 168 129 76 80 182 140 82 87 Management Occupations $120,200 $204,340 0 125 96 56 59 136 104 61 64 Business and Financial Operations Occupations $78,500 $133,450 135.0 % 118 91 53 56 128 99 58 61 Transportation and Material Moving Occupations $47,700 $81,090 82.0 % 116 89 52 55 126 97 57 60 Healthcare Practitioners and Technical Occupations $101,400 $172,380-174.3% 94 72 43 45 102 78 46 48 Personal Care and Service Occupations $41,200 $70,040 70.8 % 94 72 42 44 102 78 46 48 Installation,Maintenance, and Repair Occupations $60,000 $102,000 103.1% 85 65 39 40 92 71 42 44 Educational Instruction and Library Occupations $57,900 $98,430 99.5% 75 58 34 36 82 63 37 39 Production Occupations $49,700 $84,490 85.4% 49 38 22 23 53 41 24 25 Protective Service Occupations $58,700 $99,790 100.9% 45 35 21 22 49 38 22 23 Arts, Design, Entertainment, Sports, and Media Occupations $60,100 $102,170 103.3% 45 34 20 21 48 37 22 23 Healthcare Support Occupations $49,800 $84,660 85.6 % 42 32 19 20 46 35 21 22 Computer and Mathematical Occupations $106,600 $181,220jr- 183.3% 31 24 14 15 34 26 15 16 Communityand Social Service Occupations $64,800 $110,160 111.4 % 29 22 13 14 31 24 14 15 Architecture and Engineering Occupations $85,200 $144,840 146.5 % 24 18 11 11 26 20 12 12 Life, Physical, and Social Science Occupations $84,800 $144,160 145.8% 11 9 5 5 12 9 6 6 Legal Occupations $129,900 $220,830 9 7 4 4 10 8 5 5 Farming, Fishing, and Forestry Occupations $44,000 $74,800 75.6% 5 3 2 2 5 4 2 2 All Occupations $52,900 $89,930 90.9% 2,109 1,622 954 1,002 2,291 1,762 1,037 1,088 [1] Assurring one earner makes median wage of occupation and remaining earners make median wage of that same occupation Source: JobsEQ, Colorado State Demographer's Office, RRC Associates, Economic & Planning Systems Economic & Planning Systems, Inc. 93 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Retirees In addition to new jobs, housing will be needed for employees filling the jobs of retiring workers. For those retirees who continue to live in the county, a job is created by their retirement but a housing unit is not. Therefore, additional housing units will be needed to accommodate new employees filling those open positions. U.S. Census data indicates that 9,000 workers in Eagle County are aged 50+. Based on survey and U.S. Census data, we estimate that 20 percent of these workers will retire in the next 5 years and an additional 20 percent will retire in the next 6-10 years. Respondents to the community survey indicated that 76 percent of those planning to retire in the next 5 years and 70 percent of those planning to retire in the next 6-10 years are likely to stay in Eagle County. As shown in Table 52, applying these factors to current 50+ employment and utilizing a vacancy factor of 5 percent results in a net need of 1,646 new housing units. Table 52. Housing Demand Generated by Retiring Workers Eagle County Labor Force age 50+ % of 50+ employees planning to retire Retiring employees Employees per household Estimated retiring households % of retirees likely to stay in Eagle County Additional households needing units Vacancy adjustment Estimated additional housing units -- -- 9,115 20% 20% 40% 1,823 1,823 3,646 1_7 1_7 1_7 1,072 1,072 2,145 76% 70% 73% 814 753 1,567 5% 5% 5% 855 791 1,646 Source: U.S. Census Bureau, RRC Associates, Economic & Planning Systems Economic & Planning Systems, Inc. 94 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Total projected housing needs Employment growth and retiring employees combine to generate a total need for 3,736 housing units through 2035, as shown in Table 53. As with current housing need, needs by tenure are distributed by: • All households below 100% AMI ($98,887) are renters • Households between 100-140% AMI ($98,887-$138,442) are half renters and half owners • Households above 140% AMI ($138,442) are 70 percent owners and 30 percent renters The greatest need for rental units is for new households earning between 80- 100% AMI, while the greatest need for ownership units is for new households earning 100-120 percent. Table 53. Projected Housing Need Summary Extremely Low Income (<30%AMI) Very Low Income (31 - 50% AMI) Low Income (51 % - 80% AMI) Moderate Income 81% -100% 100% -120% Middle Income 120% to 140% 140% to 160% 160% to 180% 180% to 200% 200% to 220% 220% to 240% Total 0 0 0 0 0 0 1,069 0 1,069 1,279 0 1,279 658 329 329 209 104 104 62 43 18 166 116 50 56 39 17 221 155 66 16 11 5 3,736 798 2,938 Source: JobsEQ, RRC Associates, U.S. Census Bureau, Economic & Planning System Economic & Planning Systems, Inc. 95 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Needs by Jurisdiction Based on this analysis, there is an overall need for 6,375 housing units over the next 10 years. As shown in Table 54, this is split approximately 40/60 between current and future need, with 2,638 units to address existing housing shortages, and 3,736 units to address projected housing needs. Table 54. Gross Needs and Gaps Summary Extremely Low Income (<30% AMI) 157 0 157 0 0 0 157 0 157 Very Low Income (31-50%AMI) 216 0 216 0 0 0 216 0 216 Low Income (51% - 80% AMI) 496 0 496 1,069 0 1,069 1,565 0 1,565 Moderate Income 81%-100% 256 0 256 1,279 0 1,279 1,536 0 1,536 100% -120% 229 114 114 658 329 329 887 444 444 Middle Income 120% to140% 227 114 114 209 104 104 436 218 218 140% to160% 197 138 59 62 43 18 258 181 78 160% to180% 154 108 46 166 116 50 320 224 96 180% to 200% 154 108 46 56 39 17 209 147 63 Greater than 200% 553 387 166 553 387 166 200% to 220% 221 155 66 221 155 66 220% to 240% 16 11 5 16 11 5 Total 2,638 968 1,671 3,736 798 2,938 6,375 1,766 4,608 Source: RRC Associates, U.S. Census Bureau, Colorado Dept. of Labor & Employment, QCEW, JobsEQ, Economic & Planning Systems Housing needs are allocated within the county across jurisdictions and the unincorporated areas according to the distribution of jobs. As shown in Table 55, jobs are concentrated in Vail, Avon, and the unincorporated county, with these three areas accounting for 75 percent of total employment. Table 55. Jobs Distribution by Location, 2023 Vail 8,081 26% Minturn 456 1 % Red Cliff 41 0% Avon 7,775 25% Eagle 4,873 16% Gypsum 2,497 8% Unincorporated Areas 7,379 24% Total Jobs 31,101 100% Note: Excludes Basalt Area. Source: QCEW, Economic & Planning Systems Economic & Planning Systems, Inc. 96 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Based on this allocation, gross housing need is distributed as shown in Table 56 below. The largest housing needs are in Vail (1,656 total units) and Avon (1,594 total units). Table 56. Gross Needs by Jurisdiction Vail 686 251 434 971 207 763 1,656 459 1,197 26% Avon 660 242 418 934 200 734 1,594 442 1,152 25% Eagle 413 152 262 585 125 460 999 277 722 16% Gypsum 212 78 134 300 64 236 512 142 370 8% Minturn 39 14 24 55 12 43 93 26 67 1% Red Cliff 3 1 2 5 1 4 8 2 6 0% Other Eagle County 626 230 396 886 189 697 1,512 419 1,093 24% Total 2,638 968 1,671 3,736 798 2,938 6,375 19766 4,608 100% Source: RRC Associates, U.S. Census Bureau, Colorado Dept. of Labor & Employment, QCEW, JobsEQ, Economic & Planning Systems Development Pipeline Developments in Eagle County that are under construction or entitled will address some of the 6,375 units needed. Table 57 summarizes current developments by location. Economic & Planning Systems, Inc. 97 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 57. Affordable Housing Development Pipeline Under Construction Vail Timber Ridge Village 206 Condo Own Resident Occupied - Public -Private Partnership Red Cliff Eagle Stree, Bickley 1 Multifamily Own Resident Occupied - Private Avon McCrady Acres 1 Townhome Own Resident Occupied - Private Avon Tract Y - Hidden Valley Estates 53 Townhome Own/Rent Resident Occupied - Private Eagle Haymeadow - Phase 1(LERP) 18 Condo Own 3% cap 100% AMI Private Eagle Haymeadow - Phase 1 (LERP) 14 Condo Own Resident Occupied - Eagle Haymeadow- Phase 1 (ECHDA) 43 Condo Own 0-3% cap 120% AMI Public/Private Eagle Reserve at Hockett Gulch 225 Apartment Rent Resident Occupied - Private Eagle 435 Eby Creek Apartments 6 -- Rent Resident Occupied - Private Eagle HFH/3rd Street Housing 16 Duplex Own Resident Occupied/Price capped 80-100% AMI Public Gypsum Stratton Flats - Habitat for Humanity 14 Multifamily Own Agreement 35-80% AMI Public Gypsum Eagle County School District 24 Apartment/Townhome Own/Rent Restricted to school district employees -- Public Gypsum Eagle County School District 16 Apartment/Townhome Own/Rent Restricted to school district employees - Public Gypsum Eagle County School District 10 Apartment/Townhome Own/Rent Restricted to school district employees - Public Other Eagle County Fox Hollow (BGV/Vail Health), price capped 4 Condo Own Resident Occupied 100-140% AMI Private Other Eagle County Fox Hollow (BGVNail Health), RO 32 Condo Own Resident Occupied None Private Other Eagle County Freedom Park 20 Condo/Townhome Rent Resident Occupied 80% AMI Public Total Under Construction 703 Entitled Vail West Middle Creek 268 Apartment Rent Resident Occupied - Public -Private Partnership Minturn Minturn North 6 Single Family Own/Rent Resident Occupied 200% AMI Public Red Cliff Center, Bickley 2 Duplex Own/Rent Resident Occupied - Private Avon Slopeside 82 Apartment Rent Price Capped 80%-120% AMI -- Gypsum Stratton Flats - Habitat for Humanity 4 Multifamily Own Agreement 35-80% Public Other Eagle County Edwards River Park 270 Mix Own/Rent Mix Mix PRI Total Entitled 632 Source: January 2025 Eagle County Community Housing Inventory, Economic & Planning Systems Economic & Planning Systems, Inc. 98 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS As shown in Table 58 below, there are 703 units currently under construction, comprised of 412 owner units and 291 rental units, and 632 units currently entitled, comprised of 192 ownership units and 440 rental units. Units under construction are netted out of existing need and entitled units are netted out of projected housing demand for each community. Table 58. Development Pipeline by Tenure Vail 206 206 0 268 0 268 474 206 268 Avon 54 54 0 82 0 82 136 54 82 Eagle 322 91 231 0 0 0 322 91 231 Gypsum 64 24 40 4 4 0 68 28 40 Minturn 0 0 0 6 6 0 6 6 0 Red Cliff 1 1 0 2 2 0 3 3 0 Other Eagle County 56 36 20 270 180 90 326 216 110 Eagle County Total Pipeline 703 412 291 632 192 440 1,335 604 731 Source: January 2025 Eagle County Community Housing Inventory, Economic & Planning Systems Once pipeline units have been netted out, the total housing need in Eagle County is 5,040 units, shown in Table 59. This includes 1,935 units to address the existing shortage and 3,105 to address projected need. About three-quarters of overall need, and 80 percent of projected need, is for rental housing. The communities with the largest total need are Vail and Avon, together making up just over half of total need. Table 59. Net Needs and Gaps Summary Vail 480 45 434 703 207 495 1,182 253 929 Avon 606 188 418 852 200 652 1,458 388 1,070 Eagle 91 61 31 585 125 460 677 186 491 Gypsum 148 54 94 296 60 236 444 114 330 Minturn 39 14 24 49 6 43 87 20 67 Red Cliff 2 0 2 4 - 4 6 0 6 Unincorporated Eagle County 570 194 376 616 9 607 1,186 203 983 Eagle County Total 1,935 556 1,380 3,105 607 2,498 5,040 1,163 3,877 Source: January 2025 Eagle County Community Housing Inventory, Economic & Planning Systems Economic & Planning Systems, Inc. 99 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 60 below summarizes net need by AMI for all of Eagle County. The greatest need for the existing shortage is between 50-80% AMI for renters and above 200% AMI for owners. The greatest projected need is between 80 - 100% AMI for renters and 100-120 percent for owners. Table 60. Allocated Net Need by AMI Extremely Low Income (<30% AMI) 130 0 130 0 0 0 130 0 130 Very Low Income (31 - 50% AMI) 178 0 178 0 0 0 178 0 178 Low Income (51 % - 80% AMI) 410 0 410 909 0 909 1,318 0 1,318 Moderate Income 81%-100% 212 0 212 1,087 0 1,087 1,299 0 1,299 100% -120% 160 66 95 530 250 280 691 316 374 Middle Income 120% to 140% 159 65 94 168 79 89 327 145 183 140% to160% 128 79 49 49 33 16 176 112 64 160% to 180% 100 62 38 131 89 42 231 150 81 180% to 200% 100 62 38 44 30 14 144 91 52 Greater than 200% 359 222 137 359 222 137 200% to 220% 174 118 56 174 118 56 220% to 240% 13 9 4 13 9 4 Total 1,935 556 1,380 3,105 607 2,498 5,040 1,163 3,877 Source: RRC Associates, U.S. Census Bureau, Colorado Dept. of Labor & Employment, QCEW, JobsEQ, Economic & Planning Systems Additional Housing Needs Factors The housing needs numbers outlined above are based on readily quantifiable factors that generate a net new need for housing. In addition to these factors, there are additional generators of need for housing in the county that are more related to housing assistance programs (rather than units). These include needs for accessible and supportive housing (which is a subset of overall needs outlined above), and needs generated by cost burdened households. Needs for accessible and supportive housing are estimated using data on prevalence of disability in the county. As of 2022, 6 percent of the population in Eagle County was disabled. Local social service organizations are important partners in understanding the accessible and supportive housing needs of this population. As noted previously 39 percent of households in the county are cost burdened. This indicates a significant need for additional housing assistance and/or better awareness of and utilization of existing programs, as well as a general need for more housing affordable to households so that they are not forced to overpay for housing because of limited inventory. Economic & Planning Systems, Inc. 100 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Housing Continuum Framework Housing needs differ based on age, life stage, income, ability, preferences, and many other factors. When considering addressing Eagle County's housing needs, it is important to provide housing solutions across the continuum for different needs. Table 61 shows different population groups and their possible housing needs. In a functional housing market, each group would be able to find and afford the housing that best meets their specific needs. Table 61. Housing Needs and Preferences Continuum by Population Group Solo young adult Solo middle-aged adult Adultwith roommates Young couple with no children Middle-aged couple with no children Couple with 1 child Couple with multiple children Single parentwith children Older empty -nest couple Solo older adult Source: Economic & Planning Systems Studio or 1-bedroom apartment 1-2 bedroom apartment or condo Apartment, condo, TH, or SFR with 2+ bedrooms Studio or 1-2 bedroom apartment or condo 1-2 bedroom apartment or condo Apartment, condo, TH, or SFR with 2+ bedrooms TH. or SFR with 3+ bedrooms Apartment, condo, TH, or SFR with 2+ bedrooms 1-2 bedroom apartment or condo, senior living development Studio or 1-bedroom apartment or condo, senior living development This analysis has shown that the full continuum of housing is not available to and affordable for Eagle County residents. Residents cannot access affordable housing types that fit their needs and instead settle for housing that is either inadequate or too expensive. This distorts the housing continuum by removing units that would have served other groups. For example, if a family of four can only afford to rent a one -bedroom apartment, that apartment is not available for a young couple that could have been its intended residents. Table 62 below illustrates this, showing each type of housing in Eagle County, the population groups each type was intended to serve, and the population groups that currently utilize them. Oftentimes, households with fewer employees, more dependents, and lower incomes are excluded from the housing types that would best serve their needs. Economic & Planning Systems, Inc. 101 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Table 62. Current Housing Continuum by Type Market Rate - Rent Studio apartment 1-bed apartment 2-bed apartment 3-bed apartment Market Rate - Own [1 ] Studio condo 1-bed condo 2-bed condo 3-bed condo 3-bed TH 2-bed SFR 3-bed SFR 4-bed SFR Price Capped Deed Restriction - Own $1,500 60%AMI $1,500 60%AMI $3,000 120% AMI $4,500 170% AMI $600,000 140 % AMI $669,500 150 % AMI $770,000 170 % AMI $1,298,000 280%AMI $1,090,650 240 % AMI $660,000 150 % AMI $782,000 180 % AMI $1,350,000 290%AMI 0.6 1.1 Solo; couple 0.6 1.1 Solo; couple 1.2 2.3 Couple; roommates 1.7 3.4 Couple with multiple jobs; roommates; familywith parents with multiple jobs 1.4 3.1 Couple with multiple jobs; roommates 1.5 3.4 Couple with multiple jobs; roommates 1.7 3.9 Couple with multiple jobs; roommates 2.8 6.3 Roommates with multiple jobs; familywith parents with multiplejobs 24 54 Roommates with multiplejobs; familywith parents with multiple jobs 1.5 3.4 Couple with multiplejobs; roommates; familywith parents with multiple jobs 1.8 4.0 Familywith parents with multiple jobs, roommates 2.9 6.5 Roommates with multiplejobs; familywith parents with multiplejobs Solo Solo; couple Solo; couple; roommates Couple; roommates; familywith children Solo; couple Solo; couple Solo; couple; roommates Couple; roommates; familywith children Couple, familywith children; roommates Solo; couple; roommates; familywith 1 child Familywith children; roommates Familywith children; roommates 2-bed condo $441,150 110%AMI 1.1 2.4 Solo, couple, roommates Solo, couple, roommates 3-bed TH $484,500 120%AMI 1.2 2.6 Couple, familywith children; roommates Couple, familywith children; roommates 2-bed Duplex $548,250 130%AMI 1.3 2.9 Couple; roommates; familywith 1 child Solo; couple; roommates; familywith 1 child 3-bed Duplex $539,250 130%AMI 1.3 2.9 Couple, familywith children; roommates Couple, familywith children; roommates 3-bed SFR $589,044 140%AMI 1.4 3.1 Familywith parents with multiple jobs; roommates Familywith children; roommates 4-bed SFR $650,250 150%AMI 1.5 3.4 Familywith parents with multiple jobs; roommates Familywith children; roommates Resident Occupied Deed Restriction - Own 1-bed condo $307,100 80% AMI 0.8 1.8 Solo; couple Solo; couple 2-bed condo $474,050 110%AMI 1.1 2.6 Couple; roommates Solo; couple; roommates 3-bed TH $605,800 140%AMI 1.4 3.2 Familywith parents with multiple jobs, roommates Couple, familywith children; roommates 3-bed SFR $646,000 150%AMI 1.5 3.3 Familywith parents with multiple jobs; roommates Familywith children; roommates 4-bed SFR $783,750 180%AMI 1.8 4.0 Familywith parents with multiple jobs, roommates Familywith children; roommates [1] Resort areas removed. Source: MLS, U.S. Census Bureau, Zillow, Economic & Planning Systems Solo Couples and families with onlyonejob each Solo; couples with onlyone job each Solo; couples with onlyone job each Couples with onlyone job each Couples, roommates, and families with onlyonejob each Couples, roommates, and families with onlyonejob each Solo, couples, roommates, and families with only one job each Families with onlyone job each Families and roommate with onlyone job each Families with only one job each Families with onlyone job each Solo Couples, families with onlyone job each Families with onlyonejob each Families with onlyonejob each Economic & Planning Systems, Inc. 102 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS While existing programs address some of the issues in the housing continuum, not all needs are currently well served. Figure 53 below shows the coverage of existing housing programs by AM as well as the gaps where existing programs do not meet housing need. By understanding where the gaps are in existing housing programs, Eagle County governments can better tailor new programs to fit residents' needs. Economic & Planning Systems, Inc. 103 Current and Projected Housing Needs EAGLE COUNTY REGIONAL HOUSING NEEDS ANALYSIS Figure 53. Existing Housing Program Coverage AMI Category Tenure <30% 30%-50% 50%-80% 80%-100% 100%-120% 120%-140% 140%-160% 160%-180% 180%-200% 200%-220% 220%-240% 240%-260% 260%-280% >280% Rental Condo Market Rate Own Townhome SFR Deed Restriction (Price Capped) Owner Deed Restriction (Price Capped Owner and Income Restricted) Deed Restriction Rental (Resident -Occupied) Owner Habitatfor Humanity Owner Public Housing Rental (ECHDA, CHFA, local) Suppportive Services N/A (homelessness, etc.) Source: MI-S, U.S. Census Bureau, Valley Home Store, January 2025 Community Housing Inventory, Econorric & Planning Systems Economic & Planning Systems, Inc. 104 Current and Projected Housing Needs 11. Policy Programs and Recommendations Based on the housing needs and goals outlined previously, the following policy programs and recommendations have been developed. This includes both regional and local actions, with the intent of local jurisdictions taking actions that meet their individualized needs, while collectively working address the regional challenges. Areas for collaboration and consistency across the region have been identified, while maintaining the autonomy of local jurisdictions to take actions that best align with their needs, resources, existing planning policies and practices, and community interests. [NOTE: this chapter will be updated once the action plans have been completed] Regional Framework Local Actions Economic & Planning Systems, Inc. 105 Policy Programs and Recommendations ATTACHMENT 6 A ,ova n TOWN OF AVON COMMUNITY HOUSING ACTION PLAN c 0 L 0 R A o 0 Avon's Community Housing Action Plan ("Action Plan") is to deliver a total of 1,800 Community Housing units over the next 10 years; comprised of 1,200 new construction and 600 conversion of existing free market units to Community Housing units. This Action Plan will be used in conjunction with the Avon Municipal Code, Avon's Comprehensive Plan, and the Avon Community Housing Plan. PLANNING On -going planning activities related to Community Housing include planning grant applications, redevelopment areas, and comprehensive plans. Effort Summary Regional Housing Needs $224,000 budget. $200,000 DOLA Grant with Avon, Vail, Eagle County, Assessment and Eagle Valley Transportation Authority partnering and contributing $8,000-$10,000 each. Avon serves as lead entity. Estimated completion: 2025 Avon Community Housing Updated every 3 years, conducted in-house and includes identifying Plan target goal AMI levels, rental, and ownership units for the community. The Regional Housing Needs Assessment will be referenced and incorporated into the Avon Community Housing Plan. Multi -Jurisdictional Housing $200,000 budget. $160,000 DOLA Grant. Avon and Eagle County Authority partnering and contributing $20,000 each. Avon serves as lead entity. Estimated completion: 2026 Sun Road Redevelopment This Redevelopment Plan will include goals for 150-250 new Community Plan Housing units. Avon submitted Planning Grant for conceptual design. Funding TBD. East Avon Redevelopment Avon is preparing the East Avon Redevelopment Plan. This Plan Redevelopment Plan will include goals for 250-400 new Community Housing units. Estimated completion: 2025 IL Regulations include amendments to the Avon Municipal Code and rezoning actions to authorize Community Housing on property located in the Town of Avon. Avon has previously adopted tax and fee waiver financial incentives, added Community Housing as a permitted use in our Industrial -Commercial zone district, adopted employee mitigation requirements, and adopted priority expedited review. Effort Summary Inclusionary Zoning Consider amending the current inclusionary zoning policy to create a minimum Community Housing ratio in Town Core (initially considering 50%). East Avon Preserve Rezone to Community Housing. Estimated completion: 2025 Rezoning • Vl� OP RO `� 1 Town of 1 n llAinturn ,�,����� GypjyT Habitat ¢' for HumanityR eat 1905 �: \. Vail Valley I Avon has adopted four separate revenue sources which are dedicated to Community Housing. Avon does not anticipate pursuing any additional Community Housing funding sources in 2025 but does anticipate supporting the establishment of Multi -Jurisdictional Housing Authority which includes new dedicated funding sources. Funding Sources Total Dedicated Revenues for Community Housing: $2.2MM Real Estate Transfer Tax 2% 2025 Budget: $ 500,000 Short Term Rental Tax 2% 2025 Budget: $1,000,000 Use Tax 4% 2025 Budget: $ 500,000 Downtown Development Authority 2025 Budget: $ 200,000 Town Reserves 2025 Budget: $ 826,000 (Avon Employee Housing Purchase) Town Reserves 2025 Budget: $6, 000, 000 40 unit Avondale Apartment New Community Housing Projects are in various stages of entitlement, design, and financing. The projects noted in the table have a high potential to begin construction within the next three years. Effort 10 yeargoal: 1,200 new units or 120 new units per year Hidden Valley Estates 53 For -Sale units private development, some RO Avondale Apartments 40 For -Rent units (public development, all RC) PA-E West Side 30 For -Sale units public development, all PC Slopeside 80 For Rent units (public -private development, all RC) State Land Board Ph 1 100 For Rent units public -private development, all PC Wildwood Annex 8 For Rent (public development, all PC) Nottin ham Rd 40 For Rent public -private development, all PC/RO .I ., Avon has a substantial stock of existing multi -family residential units. Acquiring permanent deed restrictions on that existing housing stock is an essential component of Avon's Community Housing Action Plan. Avon desires to continue and expand its Deed Restriction Purchase Program. Effort 10 yeargoal- 600 new units or 60 units per year Mi Casa Avon Buy -down program (12% contribution, RO) Good Deeds in Avon Buy -down program 30% contribution, PC, 50/50 funding with ECG EHOP Buy -down program (30%, PC, Town employees only) Public EHOP Buy -down partnership with public employers Private EHOP Buy -down partnership with private employers Direct Purchase Purchase at market rate and resell at 30% or more discount with RC/PC deed restriction 0 E /Town o� 1 u llAinturn , � �yPS�m Habitat cam= for Humanity' Far. 79aS� Vail Vallry a , a ,AVO n �o.oa.o L 1 C E TO: Honorable Mayor Underwood and Avon Town Council members FROM: Chief Greg Daly RE: Swearing in and Badge Pinning Ceremony for Commander Dammen, Sergeant Stamp, Code Enforcement Officers Braughler and Niesman DATE: March 25, 2025 Swearing In and Badge Pinning Ceremony This evening, we will honor Commander Ken Dammen, Sergeant Brad Stamp, and Code Enforcement Officers Malachi Braughler and Tyler Niesman as they take their oaths of office and receive their badges, formally joining or advancing within the Avon Police Department. We are pleased to share this special moment with them, their families, and the community. Commander Ken Dammen Commander Dammen has dedicated 33 years to law enforcement, serving both at the Mesa Police Department in Arizona and the Avon Police Department for the past 15 years. His distinguished career includes roles as a bicycle patrol officer, logging over 11,000 miles in three years, and a part-time and full- time SWAT operator/sniper for 12 years. He has served as a sergeant, detective sergeant, and master sergeant for a combined 13 years. Currently, Commander Dammen serves as a tactical advisor and trainer for the Eagle County Special Operations Unit and was recently promoted to Commander, overseeing patrol operations. A United States Marine Corps veteran, Commander Dammen served as a military police corporal and worked as a financial fraud investigator for the Arizona Corporation Commission. Sergeant Brad Stamp Sergeant Stamp has served with the Avon Police Department for nine years. He has been a Field Training Officer and operator/ sniper with the Eagle County Special Operations Unit. Sergeant Stamp is the coordinator of the Cops, Kids, and Hoops program at Avon Elementary School, a role he has held for seven years. Prior to joining law enforcement, he worked for 15 years in construction management and served as a transportation security officer with the Transportation Security Administration. He is a former combat engineer officer in the United States Army and a graduate of Army Ranger School. Code Enforcement Officer Malachi Braughler Officer Braughler moved to Colorado from Southern Wisconsin six years ago. His professional experience includes environmental drilling, retail, security, and working at Costco. With a long-standing interest in law enforcement, Officer Braughler embraced the opportunity to join the Avon Police Department. Code Enforcement Officer Tyler Niesman Officer Niesman arrived in Colorado nine years ago from Northern Illinois to explore the state's opportunities and lifestyle. He has worked in various customer service and retail roles in mountain towns and more recently spent four years at Costco. Like Officer Braughler, Officer Niesman has always been interested in law enforcement and is excited to begin this new chapter with the Avon Police Department. (970) 748-4040 gdaly@avon.org Badge Pinning Tradition The Badge Pinning Ceremony is a cherished tradition in law enforcement, symbolizing the officer's role, authority, responsibility, and the trust placed in them by the community. This ceremony is held upon graduation from the Police Academy and for subsequent promotions within the department. Mayor Underwood will preside over the swearing -in, and Deputy Town Clerk Brenda Torres will administer the Oath of Office. • Commander Dammen's badge will be pinned by his wife, Karen. • Sergeant Stamp's badge will be pinned by his wife, Kerry. • Code Enforcement Officer Braughler will have his badge pinned by his friend David. • Code Enforcement Officer Niesman will have his badge pinned by his wife, Justine. We are proud to recognize these officers and thank them for their dedication and service to the Town of Avon. Please join us in celebrating their achievements and welcoming them into their new roles. Thank you, Chief Greg Daly Page 2 of 2 ,AVO n �o.oa.o L 1 C E TO: Honorable Mayor Underwood and Avon Town Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department Chiefs Community Partnership Awards for the 2024 Shop with a Cop DATE: March 25, 2025 SUMMARY Honorable Mayor and Council, it is with great pleasure that we present the Chiefs Community Partnership Awards to community members, organizations, and businesses in recognition of their outstanding support of our annual "Shop with a Cop" event, held on December 10, 2024. BACKGROUND The Avon Police Department has a longstanding tradition of participating in the "Shop with a Cop" program alongside partner law enforcement agencies. In 2020, due to the COVID-19 pandemic, and subsequently in 2021, we adjusted our approach to focus exclusively on children from the Avon community. These children are thoughtfully selected by Principal Dana Harrison and her dedicated staff at Avon Elementary School. Meanwhile, our partner agencies, including Vail Police Department, Eagle Police Department, Eagle County Sheriffs Office, and the Colorado State Patrol, have continued their own separate events within their respective jurisdictions. Concentrating our efforts locally has allowed us to provide a more personal and meaningful experience for our Avon children. "Shop with a Cop" is a remarkable community initiative that not only brings joy to twenty-five children and their families but also serves as a platform for building trust and strengthening relationships between our community and the dedicated officers committed to serving and protecting it. Organizing this event requires collaboration from numerous partners, led this year by School Resource Officer ("SRO") Rio Burgess. SRO Burgess and his team successfully raised over $10,500 in donations and in -kind services from community members. Additionally, he coordinated transportation with Avon Transit/Mobility and collaborated closely with Principal Dana Harrison and her staff at Avon Elementary School. The Avon Town Council generously contributed an additional $5,000 to support the event. On the day of the event, twenty-five children from Avon Elementary School were transported by Avon Transit, accompanied by members of the Avon Police Department, PD Staff, volunteers, Eagle County Paramedics, Eagle County School District employees, and firefighters from Eagle River Fire's Avon Engine 7. Each child was given $150 to spend on gifts for their families —and a gentle reminder to choose a special gift for themselves. Following their shopping experience, everyone gathered at the Westin Riverfront Resort to wrap gifts, enjoy a delicious meal, and share in the joy of a surprise visit from Santa Claus. The meal was generously provided by the Westin Riverfront Resort, with desserts once again donated by Foods of Vail. As an additional gesture of support, each family received a card containing a $150 gift card to City Market to assist with their holiday meal. (970) 748-4040 gdaly@avon.org The success of our "Shop with a Cop" event is a testament to the generous spirit of our local businesses, organizations, and community members. This evening, Chief Daly, SRO Burgess, and the Avon Police Department are proud to recognize the following individuals and organizations for their continued support and significant contributions: • Brian Mingham and Family • Town of Avon Transit • Town of Avon Recreation Department • Town of Avon Finance Department • Juan Tapia • Patty Peterson and her dedicated volunteer gift wrappers • Vail Valley Cares • Holy Cross Energy • P Furniture • Village Warehouse Wine and Spirits • Avon Liquors • Cris and Paul Wade, Margaret Martinez, Helen and David Burton, Joseph Efinton, and Carole Schragen • Ein Prosit's Brian Nolan and Jake Frissel We also extend a special acknowledgment to the following organizations for their donations, time, and support: • Eagle River Fire Engine 7 Company • Vail Valley Salvation Army • Foods of Vail • Starbucks • Avon Elementary School • Eagle County School District • Vail Honey Wagon To those unable to attend this evening, we will ensure that their well -deserved Chief's Partnership Award is delivered on behalf of the Town of Avon. Thank you for your continued dedication to fostering a strong and compassionate community. Thank you, Chief Greg Daly Page 2 of 2 TO: Honorable Mayor Tamra N. Underwood and Council members A FROM: Patti Liermann, Housing Planner �� RE: Work Session: Draft Res. 25-01 and Community Housing Policies on DATE: February 12, 2025 c o L O R A D o SUMMARY: This report provides the annual update to the Avon Community Housing Policies ("ACHP"), established in 2023. This was first presented to Town Council ("Council") on November 19, 2024. This update reflects direction and revisions received from Council during that meeting. BACKGROUND: Council has identified Community Housing as a high priority. In reviewing existing programs, Staff determined the previous Town of Avon Housing Guidelines were severely outdated and recommended their replacement. Staff worked with Council and presented proposed new policies at 3 separate hearings in 2023. The policies were approved at the fourth reading. The 2023 ACHP was approved in September 2023 replacing the 1990-1991 Town of Avon Housing Guidelines ("Guidelines") in their entirety. The previous Guidelines were outdated and no longer aligned with standard industry practices. The purpose of the ACHP is to provide administration and technical details for current and future deed restrictions on Avon Community Housing Units ("ACHU") within the Town of Avon ("Town"). Annual updates are expected to keep the document relevant and up to date with changing practices. Attached to this report is a summary table of proposed revisions, the proposed 2025 ACHP, and the revised deed restriction templates. These templates will be used for the creation of new units and new developments. The replacement of existing deed restrictions will be reviewed separately. Many of the Town's deed restrictions were well intended however, have not kept up with a changing industry. INTENTION OF THE ACHP • The ACHP serves as a policy document detailing the administration of the deed restrictions. For example, a deed restriction may state that a selection process will determine the buyer or that an owner may add permitted capital improvements to their unit's maximum sales price. o The ACHP provides the "who", "what", and "when" to administer the deed restriction. For example, what the buyer selection process is or, what items are recognized as capital improvements and what the depreciation schedule is for those items. • The ACHP is a generalized policy document that is subordinate to the recorded deed restriction in the hierarchy of documents. The ACHP is more detailed but not less restrictive. This relationship is much like zoning and covenants. Covenants can be more restrictive than zoning. There should not be conflict between the two but in the event there is, the higher of the two documents will rule. The ACHP does not identify overarching Housing Goals or priorities. Those are set in the 2021 Avon Housing Plan adopted by Council, which is approaching an update. • The ACHP is primarily used and read by Staff as a technical document. It is made available to developers, buyers, owners, sellers, and renters of deed restricted units. Frequently, owners or buyers contact Staff or the Program Administrator for guidance and are walked through the document for any clarification. For example: Avon Community Housing Policies pliermann@avon.org February 11, 2025 Page 1 of 3 o A developer interested in building in Avon will be provided with the ACHP. Chapter 3 provides information regarding the minimum required elements of a deed restriction, based on the type of project they are contemplating. o A buyer interested in purchasing a price capped deed restricted unit will read Chapters 4, 5, 6, and 8. Staff or the Program Administrator reviews the deed restriction and ACHP with buyers during the purchase period and explains which chapters are applicable and why. o An owner who is remodeling their kitchen will read Chapter 6 to learn what capital improvements are allowed, what the depreciation categories are for those improvements, and what is needed to submit to the Program Administrator for inclusion in their Maximum Sales Price. • As a policy document, the best practice is to review and make necessary periodic modifications. Staff's intention is to review the ACHP annually and when necessary, make recommendations to Council for re -adoption. There could come a time when an older recorded deed restriction conflicts with changes made to the ACHP. In that case, the provision of the deed restriction will prevail, until an older deed restriction is replaced, and points to the ACHP. The benefit of a two -document system is the adaptability to changing times and practices. As our world changes, we can change too. With binding concepts in the recorded deed restriction that point to administrative policies in the ACHP, an owner is less likely to be locked into outdated provisions and references. o The two -document system has become standard practice within Towns and Housing Authorities throughout Colorado. PROPOSED CHANGES TO ACHP: Much of the proposed ACHP has been reformatted. A complete summary table is attached as Exhibit A. Below are a few highlights: • Reformatted Chapters for better flow by readers. • Removed common definitions and focused on housing specific terms. • Added minimum required elements for Developers and categorized by housing type. • Addressed that remote work must benefit Eagle County. • Expanded and clarified buyer selection process/lottery. • Added updates to HOA related capital reserve expenses. CHANGES TO FORMS OF DEED RESTRICTIONS: Staff has worked with the Town Attorney to update both the Price Capped and Resident Occupied deed restrictions. They reflect the most up to date practices, integrate seamlessly with the ACHP, and align terminology with partner jurisdictions. Price Capped Deed Restriction Resident Occupied Deed Restriction Mi Casa Avon — no changes Avon Community Housing Policies pliermann@avon.org February 11, 2025 Page 2 of 3 RECOMMENDATION: Staff recommends that the Town Council approve Resolution 25-01 adopting the 2025 Avon Community Housing Policies as presented. In approving this Resolution, the Avon Community Housing Policies document ("ACHP') will replace the 2023 Avon Community Housing Policies. Thank you, Patti ATTACHMENTS: A. Summary Table of ACHP Revisions B. Proposed Resolution EX A. 2025 Avon Community Housing Policies EX B. Price Capped Deed Restriction Template EXC. Resident Occupied Deed Restriction Template Avon Community Housing Policies pliermann@avon.org February 11, 2025 Page 3 of 3 AVON HOUSING POLICIES: ATTACHMENT A ACHP SUMMARY TABLE ATTACHMENT A SUMMARY TABLE: Avon Community Housing Policies Revisions Staff recommends multiple revisions and formatting changes to the Avon Community Housing Policies ("ACHP"). The following is a summary table of the proposed revisions and the chapters this application affects. Where only minor changes are proposed, these changes are shown using a simple redline. EXECUTIVE SUMMARY Removed. The ACHP is a technical document, rather than a report. The Purpose and Intention on the next page is more descriptive. Removing Exec Summary removes redundancy and confusion over the document's purpose as a technical document. CHAPTER 1 INTRODUCTION Chapter 1 Definitions Moved. All definitions now appear in Chapter 2. . Chapter 1.0 Types of Moved. Types are now in Chapter 2 Definitions, Community Housing Chapter 1.0 Interpretation Modified. Added "interpretation will favor the intention of preserving community housing and deed restrictions". Chaper 1.G Income Limits Modified. Previously, the 2 person category left some buyers out. The 4 Person category will be used regardless of the household size and is more inclusive of all buyers, regardless of household size. This clears up confusion for categorizing when consideration for roommates or non -income earning household members is taken into account. Chapter 1.1 Council to Establish Modified. The Town Attorney will approve deed restriction forms and Community Housing Programs Town Council will "establish community housing programs". Chapter 1.J and 1.K Moved. These items have been moved to Chapter 3.E General Provisions I Development of All Community Housing Units CHAPTER 2 DEFINITIONS Chapter 2 Price Capped Moved. These items now appear in Chapter 3. Community Housing Chapter 2 Definitions Added. Acknowledgment of Deed Restriction, Annual Compliance Recertification, Base Price, Employee Home Ownership Program Guidelines, For Rent Community Housing, Permitted Capital Improvements, Qualified Employer, Resident Occupied Community Housing, Town, Town of Avon Employee Household — to coincide with updated deed restrictions. Modified. Eligible Household, Owner, Primary Residence — to coincide with updated deed restrictions Removed. Joint Tenancy, Tenancy in Common, Rent Capped Community Housing, other general terms related to finance or real estate not deemed necessary terminology for policy document CHAPTER 3 DEVELOPERS I INFORMATION FOR DEVELOPERS Chapter 3.A-E Modified and Added. This Chapter now exclusively addresses Developers of Community Housing. The Chapter is separated into Price Capped and Resident Occupied deed restrictions with subcategories of For Sale and For Rent housing types. It addresses ATTACHMENT A Initial Pricing and contents of Deed Restrictions. The General Provisions address the requirements of any Community Housing units. Resident Occupied and Price Capped are the preferred industry terms. Previously referenced terms have been removed. CHAPTER 4 BUYERS I ELIGIBILITY AND SELECTION OF FOR SALE UNITS Chapter 4 Requirements of Modified. All contents related to eligibility, application, and selection Buyers, Owners, or Renters process remains. Contents related to maintaining ownership and resale has moved to Chapters 5 and 6. Chapter 4.13 Restrictions on Modified. This provision was separated into subsections to more owning other real estate clearly address exceptions. Chapter 4.C.1(a-g) Application Added and Modified. Added language for verification of Qualified Process Employers. Modified `If market conditions indicate high demand for price capped Community Housing" has been added to the requirements for prompting the buyer application and selection process. Chapter 4.C.2 Moved and Added. Moved Application Process for Resident Occupied Units under Application Process for Price Capped Units, following new flow of the document. Added language for verification of Qualified Employers. Chapter 4.D Application Modified. Application Criterion was moved up in the document, Criterion before Selection Process (this can drop below Selection as well, it fits in either location). A summary of the purpose has been added. A few items have been separated and/or expanded for clarification. Added provision that Remote Work must benefit Eagle County to be considered we can also remove this altogether). Chapter 4.E Selection Process Added. Added more clarifying information to the selection process and images showing AMI categories and the selection funnel process. Cha ter 4.F Added. Selection Process for Resident Occupied Units. Chapter 4.E-I Moved. These sections address maintaining ownership and have been moved to Chapter 5. Chapter 5 OCCUPANTS I REQUIREMENTS OF OWNERS AND RENTERS OF FOR SALE UNITS Chapter 5.A-B Information for Moved. This information is now in Chapter 7. Property Managers of Rental Units Chapter 5 Requirements of Added. Information originally in Chapter 6 and items from Chapter Buyers, Owners, and Renters of 4.E-1 have been moved to Chapter 5. This includes topics relevant to For Sale Units Resident Occupied and Price Capped deed restricted For Sale units related to: occupancy, compliance, leave of absence, approved rental, short term rentals, foreclosure, trust ownership, and other title transfers. Removed. Tax Sale has been moved to deed restriction documents. Chapter 6 SELLERS I SALE & RESALE OF FOR SALE UNITS Chapter 6 All Community Moved. Contents moved to Chapter 5 Requirements of Buyers, Housing Units Owners, or Renters of For Sale Units ATTACHMENT A Chapter 6 Sale & Resale of Moved. Previously was in Chapter 7. Community Housing Units Chapter 6.0 Modified. Clarified 3 categories of improvements and how it affects Maximum Sales Price; added formula. Chapter 6.C.3 Increases to Added. "Capital Improvements to the Homeowners Association Base Price and Permitted Common Elements may be approved with the Town's prior written Capital Improvements approval and documentation demonstrating cost and individual unit owner's proportionate share, subject to depreciation." Moved. Permitted Capital Improvements and Depreciation tables to Appendix 8 Chapter 6.D Added. Resales of Resident Occupied Housing Units Chapter 7 PROPERTY MANAGERS I INFORMATION ON FOR RENT UNITS Chapter 7 Sale of Community Moved. Contents of this Chapter are now in Chapter 6 Sale & Resale Housing Units of Community Housing Units. Chapter 7 Information for Moved. Contents of Chapter 5 have been moved to Chapter 7. Renters and Property Managers of Rental Units Chapter 8 ENFORCEMENT Chapter 8 Compliance and No changes other than the Chapter heading. Compliance moved to Enforcement Chapter 5. Chapter 9 APPEAL PROCEDURES Chapter 9 Appeal Procedures No changes Appendix 8RRgndix Appendix B Moved. Moved Appendix B to C, added Permitted Capital Improvements to Appendix B ATTACHMENT B DRAFT RESOLUTION ATTACHMENT B Avon C 0 1 O R A D O RESOLUTION 25-01 APPROVING THE 2025 UPDATE TO THE AVON COMMUNITY HOUSING POLICIES DOCUMENT WHEREAS, the Avon Community Housing Policies were adopted in September of 2023; and WHEREAS, community housing practices and efforts have changed requiring this document to be updated to reflect contemporary management of existing and ongoing housing programs, and WHEREAS, the goal of Staff and Town Council is to allow this document to be updatable and to be maintained as a living document; and WHEREAS, the Avon Community Housing Policies document supports and conforms to Avon Municipal Code, Town of Avon Comprehensive Plan, the Avon Community Housing Plan, and other Community Housing programs and policies set forth by the Town of Avon. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby adopts the 2025 Town of Avon Avon Community Housing Policies document that supports Community Housing programs and projects in the Town of Avon. ADOPTED this day of 2025. AVON TOWN COUNCIL By: Attest: Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk Res 25-01 ACHP Page 1 of 1 EXHIBIT A ACHP DRAFT EXHIBIT A Avon Community Housing Policies September 2 February 25, 20235 Page 1 Avon Community Housing Policies 20235 Avon Community Housing Policies September 2 February 25, 20235 Page 2 Avon Community Housing Policies Septemberr2 February 25, 2023 i Page 3 PURPOSE: The purpose of the Avon Community Housing Policies is to establish policies and technical procedures for acquiring, developing, buying, owning, selling, renting, and managing affordable housing that meets the needs of the Avon community. "Community Housing" is contemplates providing housing for all segments of the Avon community which cannot otherwise afford market rate rental and/or ownership prices. Community Housing includes housing for the workforce, seniors, retirees, aging in place, and disabled members of the community who may not be able to work. These Avon Community Housing Policies (also referred to as "ACHP" or "Policies" in this document) are intended to promote predictability in the process of executing and enforcing Community Housing Deed Restrictions and uniformity in the establishment and administration of various Community Housing Deed Restrictions. They describe the authorization to perform certain tasks and transactions administratively. These Policies are adopted by Resolution and intended to be updated regularly through approval by Town Council. This method of revision and adoption allows the Town to make regular updates as market conditions, industry changes, and usefulness of particular policies warrant. may be updated from tome to tome as determined appropriate by the Avon Town GGUnGiI. INTRODUCTION INTENTION: These Policies address housing that is sponsored, operated, managed or partnered with the Town of Avon. Community Housing commitments include but are not limited to: Community Housing Deed Restrictions; project agreements with terms and conditions by state, federal and third party housing partners; and, housing obligations in various development agreements and Planned Unit Development approvals. Thorn Dnlinioc FePlaGed the 1990/1091 Avon H0 ioiRg Dnlinioc in their eRti;e . The current version of these Policies shall be used as the official policy document for administration and enforcement of all Community Housing Deed Restrictions held by the Town of Avon. This includes those deed restrictions created through the development entitlement process or created independent of a development process, like the iMi Casa Avon! or other programs. These provisions apply to both Price Capped and Resident Occupied deed restrictions and apply to both for sale and for rent units. These Policies are separated into chapters which set forth the requirements for developers, buyers, owners, managers, and sellers of affordable housing units and projects. The Policies reference the Eagle County Affordable Housing Guidelines Administrative Procedures ("Guidelines"). These Guidelines are updated by Eagle County Government and the Eagle County Housing & Development Authority. The Guidelines include data tables for Area Median Income, Maximum Rental Rates and Maximum Initial Sales Prices based on current economic data published by various State and Federal Agencies. Avon Community Housing Policies September 2 February 25, 20235 Page 4 TABLE OF CONTENTS CHAPTER1...............................................................................................................................................................31 INTRODUCTION A. INTRODUCTION: ................................................................................................................................................. 7 B. ADOPTION AND AMENDMENTS: ....................................................................................................................... 7 G-. TYPES OF COMMUNITY HOUSING DEED RESTRICTION 7 C. INTERPRETATION..............................................................................................................................................7 D. ADMINISTRATION...............................................................................................................................................7 E. AUTHORIZATION: ............................................................................................................................................... 7 F. AREA MEDIAN INCOME: ..................................................................................................................................... 8 G. INCOME LIMITS...................................................................................................................................................8 H. PREVIOUS POLICIES..........................................................................................................................................8 I. COUNCIL TO APPROVE FORM OF DEED RESTRICTIONS ESTABLISH COMMUNITY HOUSING PROGRAMS: ........................................................................................................................................................ 8 CONVERSION OF RENTAL TO FOR SALE RESTRICTED: K-. OWNERS ASSOCIATIONS:................................................................................................................................. 8 J. ACRONYMS: ........................................................................................................................................................ 8 CHAPTER2.................................................................................................................................................................9 DEFINITIONS CHAPTER3...............................................................................................................................................................15 INFORMATION FOR DEVELOPERS OF COMMUNITY HOUSING A. FOR SALE PRICE CAPPED COMMUNITY HOUSING....................................................................................15 B. FOR SALE RESIDENT OCCUPIED COMMUNITY HOUSING........................................................................15 C. FOR RENT PRICE CAPPED COMMUNITY HOUSING: .................................................................................. 16 D. FOR RENT RESIDENT OCCUPIED COMMUNITY HOUSING........................................................................16 E. GENERAL PROVISIONS I DEVELOPMENT OF ALL COMMUNITY HOUSING UNITS...................................17 CHAPTER4...............................................................................................................................................................17 ELIGIBILITY AND SELECTION OF FOR SALE COMMUNITY HOUSING A. ELIGIBILITY REQUIREMENTS FOR HOUSEHOLD MEMBERS: ...................................................................... 17 B. RESTRICTION ON OWNING OTHER REAL ESTATE: ..................................................................................... 18 C. APPLICATION PROCESS FOR COMMUNITY HOUSING UNITS: .................................................................... 18 D. APPLICATION CRITERION FOR ALL COMMUNITY HOUSING UNITS: .......................................................... 20 E. SELECTION PROCESS PRICE -CAPPED COMMUNITY HOUSING UNITS: .................................................. 21 F. SELECTION PROCESS RESIDENT OCCUPIED COMMUNITY HOUSING UNITS: ................................. 21 CHAPTER5...............................................................................................................................................................23 REQUIREMENTS OF BUYERS, OWNERS, AND RENTERS A. RENTAL OF A COMMUNITY HOUSING UNIT BY QUALIFIED EMPLOYERS FOR EMPLOYEES..................23 B. MAINTAINING OCCUPANCY............................................................................................................................23 C. COMPLIANCE....................................................................................................................................................23 D. LEAVE OF ABSENCE —ALL COMMUNITY HOUSING UNITS: ........................................................................ 23 Avon Community Housing Policies Septemberr2 February 25, 2023 Page 5 E. SHORT TERM RENTALS: .................................................................................................................................. 24 F. FORECLOSURES: ............................................................................................................................................. 24 G. TRUST OWNERSHIP: ........................................................................................................................................ 24 H. OTHER TITLE TRANSFERS.............................................................................................................................24 I. TAX SALE..........................................................................................................................................................25 CHAPTER6...............................................................................................................................................................25 SALE & RESALE OF COMMUNITY HOUSING UNITS A. SALES OF PRICE CAPPED HOUSING UNITS: ................................................................................................ 25 B. MAXIMUM RESALE PRICE FOR PRICE CAPPED HOUSING UNITS: ............................................................. 26 C. INCREASES TO BASE PRICE AND PERMITTED CAPITAL IMPROVEMENTS FOR PRICE CAPPED HOUSINGUNITS: .............................................................................................................................................. 26 D. SALES OF RESIDENT OCCUPIED HOUSING UNITS: ........................................................................ 26 CHAPTER7...............................................................................................................................................................28 INFORMATION FOR RENTERS AND PROPERTY MANAGERS A. APPLICATION PROCESS..................................................................................................................................28 B. ANNUAL VERIFICATION...................................................................................................................................28 CHAPTER8...............................................................................................................................................................29 ENFORCEMENT A. REQUIRED DOCUMENTS.................................................................................................................................29 B. NON -ELIGIBLE TRANSFEREE: ......................................................................................................................... 29 C. FAILURE TO COMPLY.......................................................................................................................................29 D. UNCURED VIOLATION......................................................................................................................................29 E. REQUIRED RENTAL..........................................................................................................................................30 F. PRESERVATION OF DEED RESTRICTED UNIT................................................................................29 CHAPTER9...............................................................................................................................................................30 APPEAL PROCEDURES F. PRESERVATION OF DEED RESTRICTED UNIT..............................................................................................30 APPENDIX A — DEED RESTRICTION TEMPLATES .................................................. Error! Bookmark not defined. Price Capped Community Housing Deed Restriction .................................................. Error! Bookmark not defined. Resident Occupied Community Housing Unit...........................................................................................32 Rent Capped Gemmi inity He sing Deed Restriction ...... Error! Bookmark not defined. .................................................................. Error! Bookmark not defined. APPENDIX B — RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS..............................................33 Avon Community Housing Policies Septemberr2 February 25, 2023.i Page 6 AVON COMMUNITY HOUSING POLICIES A. INTRODUCTION: The Avon Community Housing Policies ("Policies" or "ACHF) establish minimum requirements and technical procedures for developing, purchasing, owning, selling, and renting Community Housing and are to be read and applied in conjunction with the Avon Municipal Code and the various, established Deed Restrictions. These Policies are updated periodically based on current real estate market, area median income, and the most recent affordable housing data, affecting the Avon community. The ACHP is separated into chapters, which set for the requirements for developers of Residential Development, requirements for buyers, owners, and sellers of Community Housing units, and requirements for owners, renters, or managers of Community Housing rental units. B. ADOPTION AND AMENDMENTS: These Policies shall be adopted by the Avon Town Council by Resolution, after first conducting a public hearing, and may be amended by adoption of a Resolution after first conducting a public hearing. C. INTERPRETATION: These Policies shall be liberally interpreted to achieve the purpose stated in this Policy. The Community Development Director has the authority to interpret these Policies. Interpretation will favor the intention of preserving Community Housing and deed restrictions. D. ADMINISTRATION: These Policies shall be administered by the Avon Community Development Department, or such other Department or personnel as the Town Manager may delegate and assign. E. AUTHORIZATION: The Town Manager, Town Clerk and Town Attorney, and respective designees, shall have the authority to execute all documents related to transactions contemplated in these Policies, including but not limited to Community Housing Deed Restrictions, documents related to closing on real estate (e.g., settlement statements, disclosure statements, etc.), and purchase and sales agreements. New Community Housing projects approved by the Avon Town Council should include an approval of the terms, conditions and any forms of Community Housing Deed Restrictions or other documents if they differ substantially from the standard forms in these Policies, which may then be used and executed administratively. Avon Community Housing Policies September 2 February 25, 20235 Page 7 F. AREA MEDIAN INCOME: There are many references to Area Median Income ("AMI") throughout these Policies. The Town of Avon shall use county -wide AMI data as provided by the State of Colorado or federal government or may use an AMI based on Avon's Zip Code or AMI based on another more localized geographic area in the discretion of the Town of Avon. G. INCOME LIMITS: When maximum household income Area Median Income limits are used, the A °, �" lornot shall be used f0F one person and the 'A Person" limit shall be used ^ +"^"^ ^F^ WIG tG fGUf O"^Tr�cAme ^a��s regardless of the household size. On . Households that are initially eligible for Price Capped Community Housing units based on Maximum Income Limits shall not become in -eligible, disqualified or non -compliant if the household income exceeds the Maximum Income Limit during occupancy of that specific Price Capped Community Housing unit. H. PREVIOUS POLICIES. Within the 1990-1991 Avon Housing Policies, income limitations were classified as a "Category". Under these Policies, income limitations shall utilize AMI rates and levels, or whatever methodology in establishing income is employed by the Program Administrator. COUNCIL TO APPROVE CORM OF DEED RESTRICTIONS ESTABLISH COMMUNITY HOUSING PROGRAMS: All formsf Community Housing Programs Deed R8GtFi,.+; must be approved by the Avon Town Council prior to use implementation. ^" f^rcrrforrmrrs9 Within these programs, all Community Housing Deed Restrictions must include these minimum terms and conditions: 1. Community Housing Deed Restrictions #runs with the land and burdens future Buyers/Owners; Expressly names the Town of Avon as a beneficiary of the Deed Restriction; Any eligibility and primary residence requirements are verified annually by the Town of Avon; 4. Short Term Rental use shall be prohibited; 5. Town must receive a minimum 60 days formal written notice of foreclosure prior to foreclosure; Town has the right to cure the foreclosure; Town has option to purchase prior to foreclosure and Town has a first right of refusal post foreclosure; 6. Restriction on owning other improved residential property, which includes a procedure and timeframe for sale of existing residential property. IN IN W ACRONYMS: ACHP - Avon Community Housing Policies AMC — Avon Municipal Code Avon Community Housing Policies e^^w r22 February 25, 20235 Page 8 AMI — Area Median Income CHU - Community Housing Unit EC— Eagle County ECAHGAP — Eagle County Affordable Housing Guidelines Administrative Procedures FHA — Federal Housing Administration RO — Resident Occupied TOA — Town of Avon Adiusted Gross Income — The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Acknowledgement of Deed Restriction — A document accepting a purchaser's agreement to be bound bV both the recorded deed restriction and ACHP covering the Community Housing Unit. Affordability Gap — The difference between the median home price in each Eagle County community (as defined by zip code) and the average buying power of a typical household in that community, as provided for in the Administrative Procedures. Annual Compliance Recertification - An annual recertification under oath bV the Owner to the Town stating the PropertV has maintained occupancV bV an Eligible Household in accordance with the Deed Restriction and the ACHP, and subiect to verification documents. Applicant— A prospective renter, prospective buyer, an owner of Real Property, the owner's representative, owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Area Median Income ("AMI") — The estimates of median household income compiled and released annually by the United States Department of Housing and Urban Development, which may be modified on a Zip Code basis or other geographic basis as determined by the Town of Avon. Attainable Housing — All Deed Restricted Housing Units regardless of price. Units include Price Capped For Sale Housing, Price Capped Rental Housing, Resident Occupied For Sale Housing, and Resident Occupied Rental Housing. Assets —Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contrast to obligations due others. See also definition for Gross Assets and Net Assets. Avon — The Town of Avon, a home rule municipality located in Colorado. Avon Resident— Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Base Price — The price of a Price Capped For Sale unit, before appreciation and capital improvements are added. Avon Community Housing Policies September 2 February 25, 20235 Page 9 Bedroom — That portion of a dwelling Unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Building Code requirements for egress, light, and ventilation. Capital Improvements — Any fixture erected as a permanent improvement to Real Property or that which adds to the value of the Real Property. Co -Signer— A joint signer of a promissory note who may not be listed on the deed of ownership on the housing unit unless required by the Program Administrator. Commercial Development — Any development that is not a Residential Development for which a Development Permit is required. Institutional uses such as government buildings, schools, hospitals, churches and other religious institutions, and facilities operated by non-profit service agencies are considered Commercial Development for purposes of these Policies. Commercial Mitigation — See AMC Section 7.20.100 Employee Housing Mitigation Community Housing — Residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by an Eligible Household and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. See AMC Section 3.14.20 - Definitions Comprehensive Plan — As defined in Avon Municipal Code Chapter 7 Development Code, as may be amended from time to time. Consumer Price Index (C.P.0 — The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. Cost Burdened Household — A Household that is paying more than 30% of its income for housing costs. County Resident — Person living and or working within Eagle County. DebNnGeme RaUe The ratme of the monthly debt serviceable as a percentage of Gross Incomew Develeigmen! 22 f! Any pFeliminaFy or final approval of an appliGation for rezening, Planned Unit Development, amendment of an existing Planned Unit Development, speGial use permit, subdivision, or approval required housing mitigation. Disability— A physical or mental impairment that substantially limits one or more of the major life activities of such for an individual. Displaced Tenants — Any person who is removed from his/her residence due to conversion or reconstruction of a project. Eagle County Administrative Procedures — The Eagle County Affordable Housing Guidelines Administrative Procedures. Eagle County Employee —Eagle County Employee as defined in Section 3.12.020 Definitions. This section States: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) Avon Community Housing Policies September 2 February 25, 20235 Page 10 hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence for which such person seeks an exemption under this Chapter is the primary residence for that person. Eligible Household — Households that will use the property as their Primary Residence, meet the employment qualification criteria, and comply with the restrictions on use, occupancy, and owning other real estate. The definition may include an Eagle County Employee, Employer, Qualified Buyer, or Qualified Person. and meets qualifying nriteria used in establishing OGGUpanGyI Ememeng-v Worker- An empleyee or yelunteeF Of a GOMmunity based organization that provides immediate Fespen6e health and 6afety 68FV*GeS, iRGluding, but not I'mited to the following: Fire Department Werke%; MountaiR ReSGUe,. , SheFiffS , POliGe , Hospital EMeFgeRGY ROOM , SOG'al SeFviGe workers (mental health and ahi,se oase workers); ambulanoe dFiyers andEIVIT's Employee — Employee means a person employed in a building or on a property during normal periods of use. Employee Home Ownership Program Guidelines or "EHOP Guidelines" - the Town of Avon Employee Home Ownership Program Guidelines as adopted by Avon and as may be amended from time to time. Employer— A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in the Town of Avon and/or Eagle County. Employee Housing — Housing used exclusively for persons employed by an Employer in Eagle County. ggygy That or value remaining On property after payment of all liens OF Gharges on the propeFty eF the monetary the owner has over and above the mortgage indebtedness. Essential Worker— An employee who performs front-line work with public infrastructure or services, including but not limited to street maintenance, water, waste water, schools, day care, and Emergency Workers. Financial Statement— A statement detailing all personal assets, liabilities, and net worth (the difference between assets and liabilities) as of a specific date. For Rent Community Housing — Rental housing subject to a Resident Occupied or Price Capped Deed Restriction requiring that the Housing meets Rental Rate or Occupancy Restrictions, quality, annual compliance, and other criteria set forth in this document. Gmss Asse!§ Anything whiGh has tangible or intangible value. PrepeFty ef all kinds, real and PeFsenal, tangible estate that is applicable or si,hieot to the payment of their to its debts Gross Household Income —The total combined amount of income a Household earns in one calendar year from all sources before taxes any applicable deductions. Avon Community Housing Policies Senor z February 25, 20235 Page 11 Gross Income — The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. Household — All individual(s) who will occupy the Property regardless of legal status or relation to the owner or lessee. Household Income Combined — Adjusted Gross Income of all individuals who will be occupying the Unit regardless of legal status. Housing Plan — A written plan submitted to the Town of Avon describing how an Applicant will satisfy the minimum recommendations of the Avon Municipal Code or as required through a Development Agreement as approved by Town Council. Inclusionary Housing —The provision of Affordable Housing in Residential Developments to ensure adequate housing stock for local residents and to maintain or increase the current ratio of primary to secondary home ownership. Initial Sales Price —The maximum price for which Price Capped For Sale Housing Unit may be initially sold by as develoaer. the Drice of a unit after a buv down Davment is aaDlied. or the initial Drice of a unit in a subseauent resale. e vests to the remaining joint tenant(s). Drawing — A drawing of Eligible Households needed to select a winner from equal Applicants, who are tied for highest priority. Maxi -Bid Price — Calculation of purchase price multiplied by the appreciation (as identified in the Resale Agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Maximum Rental Rate — The maximum monthly rent payment for a Community Housing Unit, as provided for in the deed restriction, ACHP, or Administrative Procedures. All ongoing fees required to be paid by the resident (including but not limited to utilities and mandatory parking fees) must be included within the Maximum Rental Rate. Maximum Resale Price — The maximum amount an owner can sell the Community Housing Unit for per the deed restriction requirements. Mi Casa Avon — iMi Casa Avon! is a Deed Restriction program that assists Avon's workforce in purchasing homes within the Town of Avon with the intention of preserving the Unit for full-time residents in perpetuity. Minimum Occupancy— One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. NetAssets Assets GrosAssets minus I iabiIRWs Non--E,aligible Household— A Household that does not qualify as an Eligible Household. Occupancy and Resale Deed Restriction and Covenant — A contract entered into between Town and the purchaser at the time of closing identifying conditions of occupancy resale. Avon Community Housing Policies September s February 25, 20235 Page 12 Owner The Owner of reGord of the CHU aGGording to the Clerk and ReGorder of Eagle County during their - The owner, as well as its agents, successors and assigns, buyers, heirs, devisees, transferees, grantees, owners or holder of title of the Property of Record of the Community Housing Unit, according to the Clerk and Recorder of Eagle County, during the period of ownership interest. Owner Occupied Community Housin Housing subjeGt to a Deed RestriGtion requiring that the Housing be owned and oGGupied by an Eligible Household as its Primary ResidenGe as set forth On this doGurnent. Payment in Lieu — A payment made to the Town of Avon to satisfy a Project's recommended Housing mitigation. Permitted Capital Improvements — Certain improvements made to a Community Housing Unit that may be included in the seller's Maximum Resale Price. Price Capped Community Housinq — Collectively refers to For Sale or For Rent Community Housing. Is subject to a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence and sold subject to the Maximum Resale Price, as those terms are defined in the deed restriction and ACHP. Primary Residence — The onnnna+inn and use of a residenne as the primary residenne whinh shall he Avon, Colorado (or signing an affidavit stating that the AppliGant is not registered to vote on any other determined by the Town Manager by taking Onto aGGount the following GirGumstanGes: voter registration stated address on Colorado driver's "Gense or Colorado 'dentiftation card; stated address on motor vehide registration; ownership or use of other residenGes not situated On Avon, Colorado; stated residenGe for ncome and tax purposes; and suGh other GirGurnstances as well as suGh proGesses for verification and nvestigation deemed appropriate by the Town Manager to determine that the buyer 06 Gontinuously - - - - . I . - and using the residenne as a Primary Residenne A Property is the Primary Residence of an Eligible Household as long as one or more members of the Eligible Household lives on the Property for at least 9 months in a calendar year. Determination of Eagle County primary residency status shall be based on criteria the Town deems reasonablv necessary to make a determination, includina but not limited to. voter reaistration. Dlace of vehicle registration, and/or state issued identification. Program Administrator— The Administrator of the Avon Community Housing Policies. The Program Administrator shall be the Community Development Director, or designee, or such person appointed by the Town Manager. ualified Emalover- means an individual or entitv that reaularlv conducts business in Eaale Countv. is based in Eagle County, and is registered in Eagle County, if applicable. Qualified Employers may hold title to the Property and lease to their employees who are also members of Eligible Households. Qualified Employers may not impose or reduce restrictions upon the Property in addition to the terms of this Deed Restriction without prior written consent of the Town Qualified Person — a person who has provided sufficient information for review and verification that such person meets the minimum requirements for a qualified buyer or qualified resident by the Program Administrator. Real Property— Property other than personal property as defined by the statutes of the State and does not include trailers or mobile homes, except trailers or mobile homes, which, by way of a foundation, have become attached as fixtures to the land on which they are located. Avon Community Housing Policies September p , 2023 Page 13 Rental Rate Restrictions — The maximum Rental Rate for which a Community Housing unit may be leased, as provided for in this document or deed restriction. Retired Person or Older Person — a person at least 60 years of age or more at the time of initial occupancy. Resale Agreement— A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Resident Occupied Community Housing — Housing subject to a Deed Restriction requiring that the Housing be owned and/or occupied by an Eligible Household as its Primary Residence as set forth in this document. Short Term Rentals — Any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any Unit classified as commercial property by the Eagle County Assessor. Town - Shall include employees of the Town of Avon, program administrators, or subcontractors retained by the Town who are tasked with enforcina Deed Restriction aareements. Town of Avon Employee Household - An employee working for the Town of Avon who meets the Initial Purchase Qualification, may meet the Continuing Employment Qualification, will use the Property as their Primary Residence, and comply with the restriction on owning other real estate ownership, as outlined in the deed restriction and EHOP Guidelines. Notwithstanding the foregoing, the Town of Avon is also a Town of Avon Employee Household. Transfer— Any grant, conveyance or alienation of Real Property, as evidenced by deed, instrument of conveyance or exchange, or any other writing wherein or whereby title to Real Property is granted, conveyed or alienated, or the conveyance of a possessory interest including any other indicia of ownership without the passing of legal title. Note: Some terms within this Section may be considered retired (outdated) and not used within these Policies but may be found within existing deed restriction language. Certain relevant definitions have also been updated within these Policies. The Town of Avon may replace certain terms using other modernized definitions within this Section when replacing or updating older documents. Avon Community Housing Policies September 2 February 25, 20235 Page 14 These PGIiGie6 aF8 feF PFiGed Capped Gemmunity Heusing. The PUFPeSe ef PFIG8 Capped Gemmunity Housing Is tG provide housing that is affordable for lower AM! households and to presep�e the affordability E)f GuGh housiRg W providing apprepFiate FeimbuFsement ef Gapital investments en Fesale. Thi6 GhapteF Will Geyer the FequiFements 6peG*f*G tO PFIGe Capped WRits fop Develepe%, Property Managers, and Buyers, Seller, and . This chapter details the requirements for Developers of Community Housing and includes For Sale and For Rent housing types. A. FOR SALE I PRICE CAPPED COMMUNITY HOUSING Initial Pricing: The Initial Sales Price of Price Capped For Sale Community Housing units shall be set no higher than at a price affordable to Households earning 100%-140% of AMI. based on two persons per bedroom (e.g. pricing for a three bedroom unit shall be based on the income limits for sox persons). The units should be priced in a spectrum of prices consistent with unit size, location, and market demand. The Town will determine the initial sales process and/or lottery. Chapter 8 of the Eagle County Affordable Housing Guidelines Administrative Procedures shows the current year maximum Initial Sales Prir.Ps Deed Restrictions: All deed restrictions burdening Price Capped For Sale CommunitV Housing units must include resale restrictions binding future buyers and sellers to the applicable conditions set forth in these Policies and shall be in a form approved bV Town Staff and Town Attorney. All purchasers shall execute the deed restriction as well as an Acknowledgement of Deed Restriction. Terms for Price Capped For Sale deed restrictions will include the following: a. Eligible Households only b. Primary Residence use only with annual recertification C. May not own other real property, subject to exceptions d. Limitations on rentals e. Prohibition on Short Term Rentals f. Initial Sales Price restrictions g. Maximum Resale Price restriction h. Ownership interest conveyed to Town of Avon i. AbilitV to force sale if Owner is not complying with the deed restriction j. Option to buy post foreclosure k. Resale by Town or Town's Program Administrator I. Annual comDliance verification by Owner to Town of Avon B. FOR SALE I RESIDENT OCCUPIED COMMUNITY HOUSING Initial Pricing of Resident Occupied Community Housing: The initial sale price for Resident Occupied Community Housing is not restricted or limited and shall be determined by the Owner or Seller. Resident Occupied units should be built, come to market, and be sold proportionately with free market units. The Town will determine the initial sales process and/or lotterV. Deed Restrictions: All deed restrictions burdening Resident Occupied For Sale Community Housing units must include resale restrictions binding future buyers and sellers to the applicable conditions set Avon Community Housing Policies September 2 February 25, 20235 Page 15 forth in these Policies and shall be in a form approved by Town Staff and Town Attorney. All purchasers shall execute the deed restriction as well as an Acknowledgement of Deed Restriction. Terms for Resident Occupied For Sale deed restrictions will include the following: a. Eligible Households only b. Primary Residence use only with annual compliance verification by Owner to Town of Avon C. May not own other Real Property, subject to exceptions d. Prohibition on Short Term Rentals e. Annual compliance verification by Owner to Town of Avon f. Rental of the unit allowed under certain deed restrictions may reauire the rental rate be set no higher than 100% AMI g. Ability to force sale if Owner is not complying with the deed restriction h. Option to buy post foreclosure i. Resale monitoring and buyer approval by Town or Town's Program Administrator C. FOR RENT I PRICE CAPPED COMMUNITY HOUSING: Maximum Rental Rates for Price Capped Rental Housing: Maximum Rental Rates for Deed Restricted Rental Housing must be set at rates that are affordable to Households with incomes no greater than 80%-100% AMI, based on unit type. The Eagle County Affordable Housing Guidelines Administrative Procedures shows the current vear maximum rental rates. 2. Deed Restrictions: All deed restrictions burdening Price Capped For Rent Community Housing units must include the following: Terms for Price Capped For Rent deed restrictions will include the following: a. Eligible Households only, unless otherwise permitted b. Maximum rents C. Prohibition on Short Term Rentals d. Annual Verification by Owner to Town of Avon e. The term of the deed restriction will be perpetual. and the restriction aareement must be between the Owner and the rental property and either the Town of Avon or other acceptable entity, such as the Colorado Housing and Finance Authority or the United States Department of Housing and Urban Development D. FOR RENT I RESIDENT OCCUPIED COMMUNITY HOUSING Rental Rates for Resident Occupied Rental Housing: The rental rates are not restricted in Resident Occupied Community Housing. Deed Restrictions: All deed restrictions burdening Resident Occupied Rental Community Housing units must include the following: a. Eligible Households only b. Prohibition on Short Term Rentals C. Annual Verification by Owner to Town of Avon d. The term of deed restriction should be perpetual, and the restriction agreement must be between the Owner of the rental property and the Town of Avon or other acceptable entity, such as the Colorado Housing and Finance Authority or the United States Department of Housing and Urban Development. Avon Community Housing Policies September 2 February 25, 20235 Page 16 E. GENERAL PROVISIONS I DEVELOPMENT OF ALL COMMUNITY HOUSING UNITS Homeowners Associations: Any documents creating a homeowners association should require that the Community Housing units will be assessed regular and other shared assessments based upon a reasonable formula. For inclusionary projects (community housing units mixed with predominantly free market units in the same project), those unit's assessments will be prorated to a maximum of 75% of the association assessments levied against the free market units. E.g. Projects with similar nature to Frontgate, Kestrel, One Riverfront, or Riverfront Lodge. Divided Ownership of Affordable Rental Housing: No Price Capped or Resident Occupied Rental Community Housing Unit(s) shall be converted in the future to For Sale housing through subdivision, the cooperative form of ownership, condo conversion, or some similar form of ownership inconsistent with its rental purpose, unless the Owner of such unit(s) proposes providing substantially similar substitute Deed Restricted Housing Unit(s) and such proposal is approved in advance by the Town of Avon. 3. Form of Deed Restrictions: All Deed Restrictions for F0F Sale PFice Capped Community Housing Units will use the forms attached, as amended from time to time in EXHIBIT AA — PRIG CAPPED COMMUNITY HOUSING DEED RESTRICTION All Deed RestrVtions for Dental Drine Capped Community Housing units must use the form attached as EXHIBIT A.2 RENTAL CAPPED COMMUNITY HOUSING DEED RESTRICTPAI 4. Employee Housing Mitigation: New development is required to provide Employee Housing Mitigation AMC Section 7.20.100. This section discusses the requirements for eligibility and selection of For Sale Deed Restricted Community Housing units. It is the Town's goal to provide a fair, non-discriminatory, and clear process for Buyer Selection. Out of respect for privacy, the Town does not publish the names of applicants for housing units. A. ELIGIBILITY REQUIREMENTS FOR HOUSEHOLD MEMBERS: 1. Employment Qualification: At least one primary member of a Household must meet one or more of the following criteria: a. A Household earning a living primarily in Eagle County by having worked an average of at least thirty (30) hours per week on an annual basis at a business with an office or job site physically located in Eagle County. Multiple jobs in Eagle County may be combined to reach 30 hours per week; or b. A Retired Person or Older Person over the age of sixty (60) who earned a living in the Town of Avon or within Eagle County, for no less than five (5) years prior to the date of their retirement; or C. A Person with a Disability who had been a full-time employee in the Town of Avon or within Eagle County immediately prior to their Disability or has been granted an exception to the minimum of 30 hours per week to continue with a federal or state Disability benefit program, or as qualifying programs allow; or Avon Community Housing Policies September 2 February 25, 20235 Page 17 d. Owners and Members of Households that reside in the Town of Avon or within Eagle County but work for employers that are located outside of Eagle County (e.g., remote workers). These employees may be considered eligible if all other eligibility requirements are met and the Owner and or Member of the Household can prove Town of Avon or Eagle County residency for no less than one year before application submission, subject to the Program Administrator's sole discretion or as otherwise stated in the applicable deed restriction; or e. Members of the Household cumulatively earning at least 75% of the Household's Gross Household Income in the Town of Avon or within Eagle County or Members of the Household that are considered eligible renters by the Town of Avon or assigns. f. At initial qualification of a purchase of a price capped unit, assets of the buyer cannot exceed 50% of the list price for the unit. B. RESTRICTION ON OWNING OTHER REAL ESTATE: No member of an Eligible Household, including, but not limited to, spouses, domestic partners and children under 18 years of age, may own other improved residential real estate anywhere as of the date of purchase or occupancy of the Community Housing Unit, subject to the following exceptions: a. If the Owner is currently an owner of real estate and are under contract to sell their existing real estate and purchase a Community Housing Unit contemporaneously. A hardship exemption from this reauirement may be aranted at the sole discretion of the Town or Proaram Administrator: or b. Members of an Eligible Household who own commercial property for business use or vacant land may be exempted from this requirement at the sole discretion of the Town or Program Administrator C. During ownership of a Community Housing Unit, no member of the household shall own or acquire any interest, alone or in conjunction with others, in any other improved residential real estate, including ownership via a corporation, limited liability company, trust, or other legal entity. Some exceptions apply to Resident Occupied deed restrictions. See individual deed restrictions. C. APPLICATION PROCESS: PRICE CAPPED COMMUNITY HOUSING APPLICATIONS. Households and/or Qualified Employers interested in purchasing a Community Housing unit must apply to the Program Administrator to certify eligibility prior to or at the time of submitting an offer to purchase a unit. The application and supporting documentation will become the property of the Program Administrator and will not be returned to the Applicant. The Applicant must provide all of the following information and documentation: a. Obtain and complete an application from the Program Administrator; b. Provide evidence of employment by a Qualified Employer; 2 most recent paystubs, W2, and most recent tax return Avon Community Housing Policies September 2 February 25, 20235 Page 18 ii. An employment contract, or other document deemed necessary by the Program Administrator iii. Affidavit from employer verifying employment plus any other document necessary by the Program Administrator iv. Qualified Employers must provide proof of active business ownership in Eagle County including verification of business license, Secretary of State registration, all registered agents, operating agreements, current tax returns, current income/expense statements or P&L statements, and any other document(s) deemed necessary by the Program Administrator. Entities established solely for the purposes of owning a deed restricted residence are prohibited. C. Provide evidence of residency in Eagle County, if applicable; d. Affirmation on the application that your Household intends to live in the unit as your Primary Residence and that no member(s) of your Household own other improved residential real estate; e. Provide a prequalification letter from a mortgage lender for a mortgage with a fixed interest rate of at least 5 years duration or a statement of proof of funds and submit a copy to the Program Administrator. Reverse amortization mortgages are prohibited; f. Provide proof of funds for a down payment equal to at least 3% of the purchase price or as otherwise stated in the applicable Deed Restriction. g. Provide a copy of a home buyer education class certification. Once basic eligibility has been met, the Applicant submitting the highest offer (not to exceed the Maximum Resale Price) will have the first right to negotiate for the purchase of the unit. If market conditions indicate high demand for price capped Community Housing, or there are two or more equal offers are received by a Seller, offers will be prioritized for selection based on the Selection Process listed below. The Program Administrator will notify the Applicant if additional proof of any of the following items is necessary. 2. RESIDENT OCCUPIED COMMUNITY HOUSING APPLICATIONS: Eligible Households and/or Qualified Employers interested in purchasing an existing Non -Price Capped Community Housing units must submit an application to the Program Administrator to certify eligibility prior to or at the time of submitting an offer to purchase a unit, unless otherwise outlined in the recorded deed restriction. The application and any accompanying documentation will become the property of the Town of Avon and/or the Program Administrator and will not be returned to the Applicant. The application steps are as follows: a. Obtain an application from the Program Administrator. b. Provide evidence of employment by a Qualified Employer; L 2 most recent paystubs, W2, and most recent tax return; ii. An employment contract, or other document deemed necessary by the Program Administrator; Avon Community Housing Policies September 2 February 25, 20235 Page 19 iii. Affidavit from employer verifying employment plus any other document necessary by the Program Administrator; iv. Qualified Employers must provide proof of active business ownership in Eagle County including verification of business license, Secretary of State registration, all registered agents, operating agreements, current tax returns, current income/expense statements or P&L statements, and any other document(s) deemed necessary by the Program Administrator. Entities established solely for the purposes of owning a deed restricted residence are prohibited. c. Provide evidence of residency in Eagle County, if applicable; d. Copy of the sales contract and title commitment; e. Affirm on the application that your Household intends to live in the unit as your Primary Residence and that, unless otherwise stated in the deed restriction, no members of your Household own other real estate in Eagle County. D. APPLICATION CRITERION: Applications for Community Housing units require supporting documentation to verify income, employment, and residency. A list of required documents is provided with an application. Supporting documents vary greatly depending on source therefore, the following considerations will be made to the actual document. The physical location of residency and prior residency is relevant. The Applicant's mailing address is not. The physical location of local employment and/or employer is relevant. The Applicant's company headquarters may not be. For example, company or organization headquarters are located in "Town A", but the Eligible Household member reports to work in "Town B" (e.g., the school district). In this example, the physical location where the Eligible Household member reports to daily, in "Town B", would be considered the physical place of employment. Alternatively, the company or organization headquarters are located in "Town A" but work is completed at changing locations throughout the county (e.g., construction/landscaping). In this example, the location of the headquarters in "Town A" would be used. 3. Residency and Employment documents consider physical location, the applicant's name, and length of time. 4. Full time employment is defined in Eligible Household and Eagle County Employee in Section 3.12.020 of the Avon Municipal Code. 5. Joint Applicants must meet the criteria for an Eligible Household. Combined income will be considered in determining a maximum AMI%, with a combined income not to exceed the equivalent of a 4-person AMI%. 6. Employment and/or Income may be determined using the Applicant's most recent federal income tax return or if unavailable or if income has changed, by Applicant's current paystubs, or other reasonable means as determined by the Program Administrator. E.G. — an employer applying to purchase a unit for the purposes of employee housing will provide tax returns and income and expense statements along with a business license and a registered agent, etc. All documents shall be verified by the Program Administrator. Residency, employment, or income that cannot be verified will not be considered. Avon Community Housing Policies September 2 February 25, 20235 Page 20 Eligible Household occupancy may not exceed the maximum limits set in local Building Code. 6 mahave no more than two oGGupants peF Bedroom at any tome. For example, a household of five people does not qualify for a two (2) Bedroom unit. Any consideration for home effiGe or remote work will be required to provide an acknowledgment of remote work status from their employer. Remote work must substantially benefit Eagle County to be considered for eligibility. Final determination or acceptance will be by the Town or Program Administrator. 10. Eligible Households in existing Community Housing Units located in the Town of Avon or Eagle County may receive higher priority by the Town of Avon when being considered for a different Community Housing Unit elsewhere within the Town of Avon, if applicable. E. BUYER SELECTION PROCESS I PRICE CAPPED UNITS: The following selection criteria applies to all resales of Price -Capped Community Housing Units: Upon owner notification to the Program Administrator/Town of the owner's intention to sell, the resale timeline and process for advertising will be determined by the Program Administrator. All resales of Price Capped units will assume more than one applicant will apply for the unit and the unit will be advertised on a publicly accessible platform. In the event one (1) applicant applies for a Price Capped Unit, no lottery is required. In the event there is more than one applicant, an the sarme a selection process and (potentially), a lottery shall be held. The priority process is as follows: Priority. Applicants will be categorized in the following order: a. Household Income - Priority order will align with income. First priority is for incomes that fall below 100% AMI, Second priority to those whose income falls below 120% AMI, Third priority to those who fall below 140% AMI and so on. Preference will be for Applicant(s) who meet the lowest of the available income categories but will not be selected solely based on lowest income alone. If one applicant meets the lowest category, they will have the first opportunity to purchase the unit. ii. If there are no applicants in the lowest or first category, then the next income category will be considered, and so on. iii. If more than one applicant meets the lowest category, then priority of Work History will apply, before the lottery is held. Area Median Income Category Priority Grouping 80%-100% 1 101 %-120% 2 121 %-140% 3 Avon Community Housing Policies September 2 February 25, 20235 Page 21 b. Work History. Priority will be given to those who have worked full time within Eagle County Longer for at least 5 years considered on a cumulative, calendar year basis. See Chapter 4.0 and 4.D for details. Additional entries into a random lottery will be given as follows: Lottery Entries Years Working Lottery Entries <1-5 1 6-10 2 11-15 3 maximum C. Other. L There will be no consideration for those who do not meet the definition of Eligible Household. ii. The ability to purchase the unit with cash has no relevance to the selection process. 2. Lottery Process. The Program Administrator shall hold a lottery drawing comprised of the final applicants, using the number of entries they accrued. who have equal quarfiGations, to determine the winning Annlinanf a. The drawing will be held by the Program Administrator within five (5) to ten (10) business days from determining the final entries. Drawing entries shall be randomized, and the lottery will occur during regular business hours. b. All entries will be drawn and a draw order will be published. C. The first applicant drawn will have the first opportunity to purchase the unit. If the first applicant declines or is otherwise unable to purchase the unit, the next applicant in the draw order will have an opportunity, and so on. EXAMPLE OF LOTTERY INTENTION TIER 1 - 40 APPLICANTS Persons interested in applying for Price Capped Deed Restricted Unit TIER 2 - NARROWED BY INCOME 15 Entrants below 100%AMI TIER 3 -NARROWED BY WORKFORCE LONGEVITY 7 Entrants with 5 years or more in EC Workforce 2-Entrants have 70 years = Additional Entries TIER 4 - RANDOM LOTTERY 7 Entrants - 11 Entries Avon Community Housing Policies September 2 February 25, 20235 Page 22 D. SELECTION PROCESS I RESIDENT OCCUPIED COMMUNITY HOUSING UNITS: There is no selection criteria for resales of Resident Occupied For Sale Housing units. Units will be advertised for sale on a publicly accessible platform like the Vail MLS. This section provides the requirements of Buyers, Owners, and Renters of For Sale Community Housing units. A. RENTAL OF A COMMUNITY HOUSING UNIT BY QUALIFIED EMPLOYERS FOR EMPLOYEES: Qualified Employers may purchase a Community Housing Unit and lease to their employees who are members of Eligible Households. Qualified Employers may not impose additional Deed Restrictions or reduce eligibility requirements to renters within these Units without the written consent of the Program Administrator. B. MAINTAINING OCCUPANCY: The Owner of a Community Housing Unit shall continue to use the unit as its primary place of residence. The Owner of a Community Housing Unit will be deemed to have ceased to use the unit as its Primary Residence by accepting permanent employment outside of Eagle County, by residing in the unit for fewer than 9 months out of any 12 months, or by registering to vote outside of Eagle County. C. COMPLIANCE: Once a Community Housing Unit has been purchased, it must continue to be owned and occupied only by an Eligible Household. On an annual date set by the Program Administrator, the Owner of the Unit, shall submit the following information to the Program Administrator: A completely filled out compliance verification form stating that the Owner continues to meet employment and residency requirements, as applicable; and A statement that the Owner owns no other Real Property with the exceptions provided for herein. The ProgFam AdministFateF will provide either a papeF or elleGtroniG form to Community Housing owners. Failure to provide information as required by the Program Administrator and any applicable deed restriction may result in forfeiture of appreciation, a sale mandated by the Program Administrator, or any other available remedy at law or equity. D. LEAVE OF ABSENCE — ALL COMMUNITY HOUSING UNITS: A leave of absence for the occupant of a Community Housing Unit may be granted at the sole discretion of the Program Administrator, subject to clear and convincing evidence that shows the reason for leaving and a commitment to return. Said evidence shall be in written form and presented to the Program Administrator for review and decision prior to the Owner leaving. The leave of absence shall be in accordance with the limitations as established in the subject Deed Restriction. In the case of an approved leave of absence, the Owner shall only rent to an Eligible Household. Unless otherwise stated in the applicable deed restriction, any and all charges to rent a Deed Restricted Housing Unit during a leave of absence may not exceed the lesser of 1) Maximum Rental Rates for Rental Housing at 100% AMI* or 2) the Owner's monthly housing expenses. *See the ECAHGAP for current Maximum Rental Rates. 2. Tenant(s) must submit a complete application and receive approval from the Program Administrator prior to occupancy. The Owner shall provide a copy of the executed lease agreement between the Owner and tenant to the Program Administrator. Avon Community Housing Policies September 2 February 25, 20235 Page 23 If a Community Housing Unit is listed for sale and the Owner has relocated outside of Eagle County, the unit may, upon approval of the Program Administrator, be rented to an Eligible Household prior to completion of the sale. E. SHORT TERM RENTALS: Short Term Rentals are not permitted in any Community Housing Unit regardless of type. A Short Term Rental is defined in AMC Section 3.29.020 - Definitions. F. FORECLOSURES: In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder of a promissory note secured by a first deed of trust on a Community Housing Unit, Avon shall have the option to purchase the unit prior to public sale, which option shall be exercised as set forth in the deed restriction. The Owner has an obligation to notify the Program Administrator in writing once the Owner perceives a foreclosure difficulty. G. TRUST OWNERSHIP: An Eligible Household may seek a variance to allow the title of a Community Housing Unit to be held in trust for the benefit of a natural person who also meets the definition of an Eligible Household member. Such ownership in trust may only occur in the circumstances provided herein, at the sole discretion of the Program Administrator, on a case -by -case basis. In order to request a variance from the strict application of these Policies, the Applicant shall submit a letter requesting a special review to the Program Administrator as follows: Community Housing Units may be held in trust only for the benefit of a natural person who due to a physical or mental impairment lacks the capacity to contract or is prevented by such impairment from acquiring title to a unit in their own name. The letter shall include documentation of such impairment and the basis for ownership in trust. It should be noted that the Applicant should submit any additional information reasonably requested by the Program Administrator to allow the Program Administrator to process this special request. The beneficiary of the trust may not own other residential Real Property. The beneficiary of the trust must be of the age of majority to qualify under this section. 4. The criteria set forth in these Policies may be met so long as the trust pre -qualifies for a loan. Further the trust must prove an adequate means of ensuring that expenses associated with ownership, including, but not limited to association dues and expenses are met. 5. Upon receipt of a request for a special review and any requested information and documentation, the Program Administrator may grant the request with or without conditions, in a timely manner. H. OTHER TITLE TRANSFERS: In the event that title to a Community Housing Unit transfers to a person or entity that is not an Eligible Household, including upon death or through probate, the Non -Eligible Household must notify the Program Administrator of its intent as outlined below within 90 days of taking title to the unit. The Non -Eligible Household may list the unit for sale, following the procedures outlined herein. 2. The Non -Eligible Household shall have one year to become an Eligible Household. In the event the Non -Eligible Household is unable to become an Eligible Household in one year then the unit shall be listed For Sale as provided herein. 3. Non -Eligible Households shall not: Avon Community Housing Policies September 2 February 25, 20235 Page 24 Occupy the Community Housing Unit; b. Rent all or any part of the Community Housing Unit, except in strict compliance with these Policies; C. Engage in any other business activity on or in the Community Housing Unit; d. Sell or otherwise transfer the Community Housing Unit except in accordance with these Policies or applicable Deed Restriction. The Program Administrator may require the Non -Eligible Household to rent or sell the Community Housing Unit in accordance with the provisions of these Administrative Procedures. This section discusses the sale and resale process for For Sale Community Housing Units. A. SALES OF PRICE CAPPED HOUSING UNITS: Listing Units. All Price Capped Community Housing Units must be listed for sale with the Program Administrator, its designee, or as specified by the applicable deed restriction. An Owner who wishes to sell the Price Capped Community Housing Unit must follow these steps: Notify the Town or Program Administrator of Intent to Sell. b. Execute a standard Listing Contract on forms approved by the Program Administrator. C. Consult with the Program Administrator to review the Deed Restrictions recorded against the unit to determine the Maximum Resale Price and other applicable provisions concerning a sale. d. The Town or its Program Administrator will provide the Deed Restriction, ACHP, application, and any other relevant documents necessary to advertise the unit for sale as deed restricted. The Program Administrator shall administer the sale in accordance with the requirements in effect at the time of listing. f. The Owner may consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services (excluding all sales fees), will be at the Owner's own expense and shall not be included in the calculation of the Maximum Resale Price. Inspection Prior to Sale. The Owner shall undertake a listing inspection by the Program Administrator or assigns before executing a listing contract to determine the condition of the unit. Avon Community Housing Policies September 2 February 25, 20235 Page 25 The Owner shall pay for the cost of the inspection at the time of inspection. b. The inspector shall furnish a written report to the Owner and the Program Administrator. C. This information shall be furnished to the purchaser as a part of the seller's property disclosure once a purchase contract has been executed. d. The inspection will be valid for no more than 60 days. The Owner shall replace or repair any items that are identified as unsatisfactory in the report at market value or reduce the listing price accordingly. 3. Sales Fees. Unless otherwise set forth in the applicable Deed Restriction, at the closing of the sale, the Owner shall pay the Program Administrator or its designee a minimum sales fee of 2% (two percent) of the sale price. This fee offsets the administration and associated fees of selling a unit and does not act as a direct commission for a Town of Avon employee or third -party handling the transaction. a. The Owner must deposit 0.5% (one half percent) of the list price with the Program Administrator upon listing the unit for sale, known as the listing deposit. b. If the Owner fails to perform under the listing contract, rejects all offers, or withdraws the listing after advertising has commenced, the Owner shall not be refunded the listing deposit. c. The listing deposit shall be considered a budgeted amount for advertising and administrative costs that will be incurred by the Program Administrator. If the Program Administrator incurs any additional costs, the Owner will be notified in advance by the Program Administrator and shall be responsible for those additional costs. d. Closing Costs. Sellers of Community Housing Units shall not permit any prospective buyer to assume any of the seller's customary closing costs, including the fees set forth herein, nor accept any other consideration that would increase the purchase price above a Maximum Resale Price to induce the seller to sell to such prospective buyer. B. MAXIMUM RESALE PRICE FOR PRICE CAPPED HOUSING UNITS: No Owner of Price Capped Community Housing shall sell the unit for an amount greater than the Maximum Resale Price for the unit. Maximum Resale Price will be calculated as follows: Base Price + Appreciation of Base Price + Permitted Capital Improvements — Depreciation of Capital Improvements + Sales Fee = Maximum Resale Price. There are no resale price limitations on Resident Occupied For Sale Housing, unless such a provision is included within the pertinent deed restriction for that Unit. C. INCREASES TO BASE PRICE AND PERMITTED CAPITAL IMPROVEMENTS FOR PRICE CAPPED HOUSING UNITS: All units will have maintenance and upkeep. Maintenance and upkeep is the owner's responsibility, regardless of the deed restriction. Certain eapiW improvements to a unit may be included in a Community Housing's Maximum Resale Price. Improvements may fall under 3 categories: Maintenance, Base Price Improvements, and Permitted Capital Improvements ("PCI"). Maintenance items are not allowed to be added to the owner's Maximum Sale Price ("MSP"). Base Price and Permitted Capital Improvements may increase the owner's Maximum Sales Price. The following inst outlines the GGStS that may be inGlude an OwneF'S Base P me. as " „ Avon Community Housing Policies September 2 February 25, 20235 Page 26 Maximum Sales Price Formula: Initial Purchase Price = Base Price + Appreciation + PCI = MSP Base Price, also sometimes called Initial Purchase Price, is the owner's initial purchase price including garage, lot premium, or other developer inclusions, which resets upon each resale. The following improvements may be included in the Base Price with the written approval of the Program Administrator prior to the commencement of work: Structural addition or addition of livable space including bathrooms, Bedrooms, exterior door, interior doors, baseboard, window casing, insulation, and plumbing (excluding fixtures) Modifications or improvements to accommodate a person with a Disability as defined in the Americans with Disabilities Act of 1990. 3. Capital Improvements to the Homeowners Association Common Elements may be approved with the Town's prior written approval and documentation demonstrating cost and individual unit owner's proportionate share of the project, and subject to depreciation. Permitted Capital Improvements are replacement items an owner completes that may increase the Maximum Sales Price and are subject to depreciation (e.g., kitchen remodel, window replacement, flooring). See Appendix A for a complete table of Permitted Capital Improvements and Depreciation schedules Unless otherwise identified in the recorded deed restriction, the actual costs of Permitted Capital Improvements made to a unit shall not exceed 10% of the Initial Sales Price for a five-year term, regardless of changes in ownership. For every subsequent five-year period, an additional 10% of the value of the unit at the beginning of that five-year period may be added into the value as Permitted Capital Improvements. The five- year period for Permitted Capital Improvements shall not reset merely upon resale. No costs incurred in one five-year term may be rolled into a different five-year term. For an Owner to request Base Price Improvements and/or Permitted Capital Improvements be added to the Maximum Resale Price, Owners must retain original receipts and invoices. Additionally: Upon completion of the work the following must be submitted to the Program Administrator: a. Legible copies of receipts for materials and or invoices for purchases. b. Proof of payment by a third party and itemized invoice receipt for work performed. 2. In calculating the costs allowed as Permitted Capital Improvements, only the Owner's actual out of pocket costs and expenses shall be eligible for inclusion. Such an amount shall not include an amount attributable to the Owner's labor, or that of their employees or business, or to any appreciation in the value of these improvements. If an Owner pays cash for improvements, the Owner must provide third party documentation of payment. An Owner must have an invoice for improvements, but if no such documentation of proof of cash payment can be produced, the Program Administrator can inspect the improvement completed in the unit. Up to 75% of documented invoice value may be included after an inspection, subject to depreciation, at the Program Administrator's sole discretion. Avon Community Housing Policies September 2 February 25, 20235 Page 27 4. Work that requires and is performed without the issuance of all required building permits or property owners' association approval will not be included as a Base Price or Permitted Capital Improvement. 5. The value of the Permitted Capital Improvements will be added to the appreciated value of the unit at the time of sale. No appreciation is allowed on Permitted Capital Improvements. 6. Other improvements to the Affordable Housing unit are allowed, but adjustments to the Maximum Resale Price will only be given for Base Price and Permitted Capital Improvements. If a Base Price Improvement and/or Permitted Capital Improvements or an improvement included in the Base Price of the unit is removed or is no longer operational, the actual cost of the improvement shall be deducted from the Base Price or Permitted Capital Improvement schedule. No other categories or types of expenditures may qualify as Permitted Capital Improvements unless pre -approved in writing by the Program Administrator. D. RESALES OF RESIDENT OCCUPIED HOUSING UNITS Listing Units. Resident Occupied Community Housing Units may be listed for sale using a licensed real estate agent, or as specified by the applicable deed restriction. An Owner who wishes to sell their Resident Occupied Community Housing Unit must follow these steps: Notifv the Town. in writina of their intent to sell. b. The Town or its Program Administrator will provide the Deed Restriction, ACHP, application, and anv other relevant documents necessary to advertise the unit for sale as deed restricted. C. Consult with the Program Administrator to review the Deed Restriction recorded against the unit and ACHP to determine the resale process and any other applicable provisions concerning a sale. The Town or Program Administrator shall administer the application review and buyer approval in accordance with the requirements in effect at the time of listing. The Owner may consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services (excluding all sales fees), will be at the Owner's own expense. This section discusses the requirements for Property Managers and Renters of For Rent Community Housing units and projects. A. APPLICATION PROCESS: Only Eligible Households may rent Price Capped and Resident Occupied Community Housing Rental Units, unless prohibited by other funding sources. Households must meet all other requirements of the Deed Restriction. The Property Manager must document how eligibility and income was confirmed and must keep a record of any documents supporting the eligibility determination. B. ANNUAL VERIFICATION: The Property Manager of For Rent Capped Community Units must verify annually that the Owners and tenants follow the applicable Community Housing requirements. The Property Manager shall submit a written statement to the Town of Avon including the following information and certifying that Avon Community Housing Policies September 2 February 25, 20235 Page 28 such information is true and correct to the best of the Property Manager's knowledge and belief. 1. A list of Owners or tenants who occupy the Community Housing Units in the prior calendar year and the evidence, to include income and employment documentation, submitted by such tenants to establish that their Households were Eligible Households; 2. A copy of the lease form currently used for tenants of the Community Housing Units; 3. Copies (which may be electronic) of all application information submitted by the Eligible Households occupying the Community Housing Units including but not limited to a copy of a driver's license, voter registration, or vehicle registration information; Manager shall maintain Owner's records with respect to the use and occupancy of the Community Housing Units available to Avon or its authorized agent for inspection upon request for audit to confirm compliance with the recorded deed restriction. A. REQUIRED DOCUMENTS: The Program Administrator may request any and all documents and information necessary to establish continued compliance with any deed restriction and with the ACHP as amended from time to time. The Owner of a Deed Restriction will provide documents that may include but are not limited to: Federal and State Income Tax Returns, W2's, 1099's, bank statements, vehicle and license information, pay stubs and invoices for utility payments. All information will maintain the confidentiality of financial information as provided by law. B. NON -ELIGIBLE TRANSFEREE: In the event that title to a Community Housing Unit vests in any individual or entity that is not an Eligible Household by descent, by foreclosure and/or redemption by any lien or mortgage holder (except any holder of a HUD -insured First Mortgage), or by operation of law or any other event, the Town may elect to notify the Non- Eligible individual or entity that it must sell the Community Housing Unit in accordance with these Policies. A Non -Eligible individual or entity shall not: (i) occupy a Community Housing Unit; (ii) rent all or any part of a Unit, except in strict compliance with the corresponding deed restriction and as approved in writing by the Avon; (iii) engage in any business activity on or in a Community Housing Unit; (iv) sell or otherwise transfer a Unit except in accordance with the applicable procedures; or (v) sell or otherwise transfer a Community Housing Unit for use in trade or business. C. FAILURE TO COMPLY: In the event an Owner fails to comply with any of the restrictions, the Town may, but is not required to, provide notice to the owner of the Community Housing unit in violation and provide an opportunity for the owner to cease and desist or cure. In the event a Community Housing Unit is occupied, transferred or leased in violation of a deed restriction, the Town may, at its sole discretion, notify an Owner that it must immediately list the Community Housing Unit for sale. D. UNCURED VIOLATION: In the case of such an uncured violation, if required by the Town, the Owner shall: (i) consent to any sale, conveyance or transfer of such Unit to an Eligible Household; (ii) execute any and all documents necessary to do so; and (iii) otherwise reasonably cooperate with Avon to take actions needed to accomplish such sale, conveyance or transfer of such Community Housing Unit. For this purpose, Owner constitutes and appoints Avon or the Program Administer as the Owner's true and lawful attorney -in -fact with full power of substitution to complete or undertake any and all actions required or as set forth elsewhere in the Avon Community Housing Policies September 2 February 25, 20235 Page 29 corresponding deed restriction. It is further understood and agreed that this power of attorney, which shall be deemed to be a power coupled with an interest, cannot be revoked. Owner specifically agrees that all power granted to the Town under this Covenant may be assigned by it to its successors or assigns. E. REQUIRED RENTAL: In all situations where the provisions of this section apply, the Town may alternatively require the Owner to promptly rent their Unit to a lessee that is deemed an Eligible Household in accordance with the requirements of this Covenant and subject to the one (1) year limit while the Unit is listed for sale. F. PRESERVATION OF DEED RESTRICTED UNIT: In order to preserve the value of community housing, specifically, for persons of low to moderate income, and or to ensure the physical condition of the Community Housing Unit, the Town shall also have and is hereby granted the right and option to purchase a Community Housing Unit, exercisable within a period of fifteen (15) calendar days after notice is sent by the Town to the Owner that requires the Owner to sell the Unit due to a violation pursuant to this Section. The Town shall complete the purchase of such Unit within thirty (30) calendar days after exercising its option hereunder for a price equal to the lesser of the appraised market value of the Unit, as determined by the Program Administer in its reasonable, good faith judgment, or the Maximum Sale Price as may be limited by the underlying deed restriction. An appeal is a request by a Community Housing Unit Owner or potential purchaser (collectively referred to as "Owner") to reconsider an interpretation, action or failure to act in accordance with the rights, duties, welfare, or status of these persons or entities under these Policies. Procedures for filing an appeal are as follows: The Owner must submit a written appeal to the Program Administrator. It shall specify: a. The decision for which the Owner requests reconsideration; b. The grounds for the reconsideration of the decision; C. The specific decision that the Owner requests; and d. The name, address, telephone number, email address of the Owner filing the grievance and similar information about his/her representative, if any. 2. Within thirty (30) days of receipt of a written appeal the Program Administrator may issue a written decision or may request addition information. The Program Administrator may request a meeting with the Owner at the discretion of the Program Administrator. If the Program Administrator requests additional information, then the timeframe to provide a written decision shall be extended by thirty (30) days for the purpose of receiving or collecting additional information. The Program Administrator shall provide a written decision on the appeal within ten (10) business days of meeting with the Owner. 3. If Owner's appeal is not approved by the Program Administrator, the Owner may request a hearing before the Town Manager, in accordance with the following procedures: a. A written request for a hearing shall be submitted to the Program Administrator. b. The Town Manager shall schedule a hearing date within forty-five (45) days of receipt of the Avon Community Housing Policies September 2 February 25, 20235 Page 30 hearing request. C. The Owner requesting the Hearing and the Program Administrator may provide information to the Town Manager, including the decision which is the subject of the appeal, the initial appeal request and the appeal decision of the Program Administrator. All information received by the Town Manager shall be shared with both the Owner and the Program Administrator prior to the appeals hearing. d. The Town Manager may request additional information. e. Written notice of the date, time and place of the appeal hearing shall be provided to the Owner at least four (4) days in advance of the hearing, which timeframe may be waived by the Owner. f. The Owner and the Program Administrator may be present at the appeal hearing. g. The Town Manager shall consider all information provided prior to or during the appeal hearing, including testimony of the Owner, Program Administrator or other persons. The Town Manager shall provide a written decision within ten (10) business days of the appeals hearing. APPENDIX A — DEED RESTRICTION TEMPLATES Price Capped Community Housing Deed Restriction Resident Occupied Community Housing Deed Restriction Rent Capped Community Housing hear! Re tFktion Owner Occupied Community Housing Unit Avon Community Housing Policies September 2 February 25, 20235 Page 31 APPENDIX 8 — PERMITTED CAPITAL IMPROVEMENTS Permitted Capital Improvements depreciated on a 5-year schedule Replaced appliances Door locks (including smart) Gutters and downspouts Washer/Dryer Ceiling fans Heat Tape Water heaters Thermostats (including smart) Exterior paint Carpet/pad replacement Permanent fitted window blinds Storm doors Laminate flooring Health and safety protection Building permit fees New garage door openers Permitted Capital Improvements depreciated on a 20-year schedule Hardwood or tile flooring Permanent landscaping Solar panels Solid stone countertops Trees Roof replacement (not reserved) Light fixtures Permanent irrigation systems Furnace replacement Plumbing fixtures Outdoor decks A/C, swamp cooler, split units Cabinets and vanities New fencing Closet organization systems Windows Improvements that are NOT Permitted Capital Improvements Jacuzzi, saunas, hot tubs, steam showers, etc. Work done without issuance of a building permit Maintenance, cleaning, painting, or improvements to existing mechanical systems, fixtures, appliances Decorative items including window coverings, lamps and lighting not affixed to walls or ceilings, bathroom towels bars, hooks, etc. Gas or electric fireplaces Cost of tools Removable items not attached to the unit Equipment rental Security and smart home systems Avon Community Housing Policies September 2 February 25, 20235 Page 32 APPENDIX C — RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS E.g., Declarations and Covenants, Plat Notes, etc. COVENANTS The Town of Avon hereby reserves the right to participate as a voting member of the "(Home)Owner(s) Association" as an equity partner to the Owner listed on Title for any properties restricted as a Town of Avon Deed Restricted Housing Unit. The Town of Avon reserves the right to review any financial documents as approved by the "(Home)Owner(s) Association". PLAT NOTES Using "Community Housing" as a Use: All properties within / Lots / Parcel Nos. are hereby restricted as Community Housing Units, subject to the requirements of the Avon Municipal Code Titles 3 and 7. Using Inclusionary Housing Requirements: Unit Nos. are hereby restricted as Community Housing Units ("CHU"), subject to the requirements of the Avon Municipal Code and Avon Community Housing Policies ("ACHP"), until or unless said restriction is released by the Town of Avon. Avon Community Housing Policies September 12 2023 February 25, 2025 Page 33 EXHIBIT B PRICE CAPPED DEED RESTRICTION TEMPLATE AEXHIBIT B TOWN OF AVON AV n n CO MUNI Y HOUSING PRICE CAPPED DEED RESTRICTION PRICE CAPPED DEED RESTRICTION THIS TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION ("Deed Restriction") is entered into on 20 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality, with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 ("Town"), and [hereinafter known as "Owner"], (each individually a "Party" and collectively the "Parties"). WHEREAS, Owner is purchasing the real property and the improvements situated thereon, located at , Avon, Colorado 81620, and more particularly described in Exhibit A hereto ("Property"); and WHEREAS, the Town intends to place certain restrictions on the ownership and resale of the Property for the benefit of the Town by requiring ownership and resale of the Property as set forth in this Deed Restriction and the Avon Community Housing Policies ("ACHP"), and as they may be amended from time to time; and WHEREAS, the Town declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and WHEREAS, the Town has authority as a home rule municipality to enter into this Deed Restriction and to exercise all rights, remedies and administrative oversight in this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Property Subject to Deed Restriction. The Property, as more particularly described in Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership, use and sale of the Property shall be restricted as specified in this Deed Restriction. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: A. "Annual Compliance Recertification" means an annual recertification under oath by the Owner to the Town stating the Property has maintained occupancy by an Eligible Household in accordance with this Deed Restriction and the ACHP, and any other deed restriction monitoring or certifications required by the Town from time to time. Price Capped Community Housing Deed Restriction Page 1 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION B. "Avon Community Housing Policies" means the Avon Community Housing Policies, as may be amended from time to time. which may include similar housing policies of another local or regional government housing authority serving the Avon community in the event that this Deed Restriction is assigned by Avon to such housing authority, and as they may be amended from time to time. C. "Eligible Household" means Households that (i) will use the Property as their Primary Residence, (ii) meet the employment qualification criteria below, and (iii) comply with the restriction on owning other real estate ownership below. Each of the criteria are further defined below: i. Employment Qualification: At least one primary member of the Household must meet one or more of the following criteria: (1) an employee working a total average of at least thirty (30) hours per week on an annual basis for a business(es) or employer(s) located within Eagle County; or (2) earns seventy-five percent (75%) or more of his or her income and earnings at a business(es) or employer(s) located within Eagle County, as documented with the United States Internal Revenue Service; or (3) has a qualified employment contract, that has been accepted by the Town, with an employer(s) within Eagle County on a permanent basis to work at least an average of thirty (30) hours per week on an annual basis, or (4) Employment qualifications may include classifications of workers (i.e. retirees, disabled, remote workers) in accordance with the Avon Community Housing Policies, as may be amended from time to time, and as approved by the Town. ii. Restriction on Owning Other Real Estate: (1) As of the date of purchase of the Property, during ownership of the Property and during any period of time the Property is occupied by an Eligible Household, no member of such Eligible Household, including, but not limited to, spouses and children under 18 years of age, may own any interest, alone or in conjunction with others, anywhere in any improved residential real property(ies). (2) A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from this requirement, which may be granted at the sole written discretion of the Town or its assign. (3) Real estate that is owned by a prospective or current Eligible Household shall not be deeded to a corporation or other person or entity except for a fair market value, nor shall real estate be deeded to a corporation or other legal entity in which any Price Capped Community Housing Deed Restriction Page 2 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION Household member has any financial interest in order to meet the requirements in this subsection. iii. Title of the Property shall be held in the name of the natural person(s) who are members of the Eligible Household and who qualifies under criteria above. For example, title may be held jointly in the name of spouses who are members of an Eligible Household. (1) Notwithstanding the foregoing, an Eligible Household may seek a variance to allow title of the Property to be held in trust for the benefit of a natural person who also meets the definition and qualifications of an Eligible Household, as stated herein in Section 2.13. Such ownership in trust may only occur in the circumstances provided herein and at the sole written discretion of the Town, or its assign. To request a variance, the applicant shall submit a letter to the Town, or its assign, requesting a special review and a determination that title of the Property may be held in trust as set forth herein. (2) To be eligible for a variance, the following conditions must be met: (i) The beneficiary of the trust may not own other real property; and (ii) The beneficiary of the trust must be of the age of majority to qualify for this variance. (3) Upon receipt of a request for a special review for a variance and any requested information and documentation, the Town, or its assign, may grant the request, in writing, with or without conditions. D. "Household" means all individual(s) who will occupy the Property regardless of legal status or relation to the owner or lessee. E. "Initial Sales Price" means the maximum price for which a Price Capped For - Sale Housing unit may be initially sold. It also refers to the amount paid by an Owner in a subsequent sale. F. "Maximum Sales Price" means the maximum amount an owner can sell the Community Housing Unit. G. "Owner" means the owner, as well as its agents, successors and assigns, buyers, heirs, devisees, transferees, grantees, owners or holder of title to the Property of record of the Community Housing Unit, according to the Clerk and Recorder of Eagle County, during their period of ownership interest. H. "Price Capped Community Housing" is subject to a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence and sold subject to the Maximum Resale Price, as those terms are defined herein. Price Capped Community Housing Deed Restriction Page 3 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION I. "Primary Residence" A Property is the Primary Residence of an Eligible Household as long as one or more members of the Eligible Household lives on the Property for at least 9 months in a calendar year. Determination of Eagle County primary residency status shall be based on criteria the Town deems reasonably necessary to make a determination, including but not limited to, voter registration, place of vehicle registration, and/or state issued identification. J. "Qualified Employer" means an individual or entity that regularly conducts business in Eagle County, is based in Eagle County, and is registered in Eagle County, if applicable. Qualified Employers may hold title to the Property and lease to their employees who are also members of Eligible Households. Qualified Employers may not impose restrictions upon the Property in addition to the terms of this Deed Restriction without prior written consent of the Town. K. "Short Term Rental" An Owner or non -Owner providing compensation to lodge in the Property for periods of less than thirty (30) days. Owner shall not advertise any part of the Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. L. "Town" shall include employees of the Town of Avon, program administrators, or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership, Occupancy and Use Restrictions: A. The ownership, use and occupancy of the Property is restricted as follows: (i) the Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Property to their employee(s), who is/are Eligible Household(s), as defined within Section 2 of this Deed Restriction; (ii) the Qualified Employer lessee own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and (iii) the Owner or Qualified Employer lessee uses the Property as its Primary Residence, as defined within Section 2 of this Deed Restriction. B. The Property may not be sold or otherwise transferred to any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 4 below and pursuant to all provisions within this Deed Restriction. It is understood and agreed by the parties that notwithstanding the foregoing, title to the Property may be held from time to time by the Town in the event of a foreclosure or as permitted by this Agreement or the ACHP. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Property may be held from time to time by certain employers, districts or Price Capped Community Housing Deed Restriction Page 4 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION governmental entities which qualify as a Qualified Employer, as that term is defined in Section 2.G above. C. Owner is subject to Annual Compliance Recertification confirming and verifying the Owner's continued eligibility as an Eligible Household and its compliance with this Agreement. To confirm such eligibility, the Owner of the Property shall submit the following information to the Town: (i) a verification that the Owner continues to meet the requirements of an Eligible Household who uses the Property as its Primary Residence; and (ii) a statement that the Owner owns no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and other documentation that be required by the Town and the ACHP, as may be amended from time to time. D. An Owner must not engage in any business activity on or in such Property, other than as permitted within the zone district applicable to the Property. E. The Short Term Rental, or the advertising of a short term rental, of all or any portion of the Property is prohibited. F. An Owner of the Property may not permit any use or occupancy of the Property except in compliance with this Agreement. G. Owner, other than a Qualified Employer, may not, except with prior written approval of the Town and subject to the most current ACHP and the provisions of this Deed Restriction, rent the Property for any period of time. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction and ACHP, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eligible Household and Primary Residence status, as defined in Section 2. H. Any subsequent Owner of the Property must execute an Acknowledgement of Deed Restriction Agreement for Price Capped For Sale Housing, in the form, or similar form provided by the Town, set forth in Exhibit C , and attached hereto and incorporated herein by this reference. The failure to execute such document shall not extinguish the legal force and effect of this Deed Restriciton on all current and subsequent Owners. L All sales of the Property shall be subject to the Maximum Sales Price as calculated in Section 5 below. 4. Resale Restrictions: The Property may not be sold or otherwise transferred to any person other than an Eligible Household and subject to the calculation of the Maximum Sales Price in accordance with Section 5 and the provisions of this Deed Restriction. Price Capped Community Housing Deed Restriction Page 5 of 23 A _ OF AVON Avo nCOMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION A. In the event that an Owner desires to sell the Property, the sale or transfer of the Property shall be administered by the Town or its assigns in accordance with the most current ACHP procedures. B. Upon sale and conveyance of the Property by Owner to a buyer, the buyer shall be subject to the same occupancy and use requirements set forth in this Deed Restriction and the most recent version of the ACHP. 5. Maximum Sale Price: In no event shall the Property be sold for an amount in excess of the Initial Sales Price plus the applicable percentage of appreciation per year, and as provided below. A. Appreciation shall be three percent (3%), simple annually. i. In the event an Owner owns a Subject Property for only a portion of any year, the percentage increase shall be prorated monthly, from purchase date, and the Owner shall be given credit through the month in which the property is listed for sale. B. Permitted Capital Improvements shall not increase the Owner's Initial Sales Price. For the purpose of determining the Maximum Sales Price, the Owner may add the following amounts: i. The cost of permitted capital improvements as set forth in the most current ACHP. ii. The cost of any permanent improvements constructed or installed as a result of any requirement imposed by any government agency or special assessment by a homeowner's association for such permanent improvements, provided that written certification is provided to the Town. C. Real estate sales fees as identified in the most current ACHP. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE TOWN THAT ON RESALE THE OWNER SHALL OBTAIN A PARTICULAR PRICE INCLUDING BUT NOT LIMITED TO THE MAXIMUM SALES PRICE. 6. Default by Owner. Owner shall be responsible for compliance with all terms of this Deed Restriction, including occupancy and use of the Subject Property and limitations on owning other real estate. Any non-compliance with the terms of this Deed Restriction or breach of any Price Capped Community Housing Deed Restriction Page 6 of 23 A _ OF AVON AV n n CO MUNI Y HOUSING PRICE CAPPED DEED RESTRICTION covenant(s) set forth in this Deed Restriction, including non-compliance of use and occupancy of the Subject Property and limitations on owning other real estate, shall be deemed to be a Default by Owner, whether such non-compliance is a result of direct actions of the Owner of such non- compliance occurs during ownership. 7. Inspection. If the Town has reasonable cause to believe that the occupancy or use of the Property does not comply with any provision(s) of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants a Notice to Inspect with at least twenty four (24) hours written notice. Notice of Inspection may be given by posting notice on the door to the residence on the Property. The Notice of Inspection shall generally describe the suspected non-compliance with this Deed Restriction and shall reference the Town's right to inspect set forth in this Deed Restriction. The Town shall have permission to enter the Property during such times upon providing a Notice of Inspection without further consent. 8. Notice and Cure. In the event of a Default by Owner of this Deed Restriction, the following procedures shall apply. A. Notice of Default. The Town shall send a written Notice of Default to the Owner detailing the nature of the default. Notice may be mailed, posted on the front door of the Property, or sent electronically. The Notice of Default shall (i) state the terms of this Deed Restriction, EHOP Guidelines or ACHP for which the Owner has defaulted; (ii) state the period for the Cure; (iii) references the potential remedies in this Deed Restriction; and (iv) state the procedures for administrative appeal of the Notice of Default. B. Period for Cure. The Period for Cure shall generally be thirty (30) days, provided that a default by Owner for lease or use of the Property as a Short Term Rental, non - primary residence or Second Home shall be cured by the Owner immediately. The Town may provide a longer period for Cure upon written agreement with the Owner, when the nature of the default will take longer than thirty (30) days to cure and the Owner is actively cooperating with the Town and making all reasonable efforts to effect the cure. C. Administrative Appeal. Owner has the right to request an administrative appeal of a Notice of Default. A request for an administrative appeal must be filed within ten (10) days of receiving a written Notice of Default. The Town shall conduct an administrative appeal hearing in accordance with procedures and requirements set forth in the ACHP. D. Default. If an administrative appeal request is not tiemly and properly submitted in writing and the default is not cured withing the stated Period for Cure in the Notice of Default, the Owner shall be deemed to be in Default of this Deed Restriction. Price Capped Community Housing Deed Restriction Page 7 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION E. Court Review. An administrative appeal decision shall be the final decision for the purpose of determining if a default has occurred. The date of the final decision shall be the date that a written decision of the administrative appeal is executed and provided to the Owner (as appellant). A final decision from an administrative appeal hearing may be judicially appealed, in the District Court of Eagle county pursuant to C.R.C.P. 106. 9. Remedies. The Town has the right to the following remedies. A. Law and Equity. This Deed Restriction is enforceable by the Town, and their respective successors and assigns, as applicable, or as their designee, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction. The remedies provided herein are cumulative and not exclusive of all other remedies provided by law and/or equity. In the event of violation, non- performance, default or breach of any term of this Deed Restriction by the Owner, the Town shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. B. Interest on Amounts Due. Any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. C. Recovery of Costs to Enforce. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney's fees, court filing costs and county recording costs. D. Lien. The Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, §31-20-105, as amended from time to time, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. E. Joint and Several Liability. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. F. Recovery of Wrongful Gains. In the event of any lease of the Property to a person who is not an Eligible Househould/Eagle County Employee, as defined in the ACHP, or use of the Property as a Short Term Rental, non -primary residence or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. Price Capped Community Housing Deed Restriction Page 8 of 23 A _ OF AVON AV n n CO MUNI Y HOUSING PRICE CAPPED DEED RESTRICTION 10. Liquidated Damages. The Parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of Three Hundred Dollars ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Section 8 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home, non -primary -residence or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a thirty (30) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 11. Foreclosure. A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, and subject to the issuance of a public trustee's deed to the holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the older, the Town or its assigns shall have the option to purchase the Property as provided in the Option to Purchase, in a form similar to EXHIBIT B: Option to Purchase, attached hereto and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Property, only an Eligible Household may acquire an interest in the Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, if the holder of such deed of trust is the grantee under the public trustee's deed or deed in lieu of foreclosure and the Town does not exercise its Option to Purchase as provided in Section I LA, then the Town agrees to release the Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the Town to release and waive its ability to enforce this Deed Restriction in the event of a foreclosure of a lien secured in second or subsequent position. E. If the Town or its assigns exercises the Option to Purchase described in this Section 11, and acquires title to the Property, the Town or its assigns may sell the Property to an Eligible Household or rent the Property to qualified tenants who meet the income, Price Capped Community Housing Deed Restriction Page 9 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION occupancy, and all other qualifications, established by the ACHP, until such time that the Property can be sold to an Eligible Household, or may elect to release and terminate this Deed Restriction, at Town's sole discretion. F. All obligations recorded of record against the Property and subsequent to this Agreement shall be subordinate to terms hereof. 12. Agreement Runs with the Land. This Deed Restriction and the terms, covenants, conditions and other provisions hereof shall constitute covenants running with title to the Property for the benefit of, and enforceable by the Town and its successors and assigns and this Deed Restriction shall bind the Property, the Owner and all subsequent owners, occupants, successors and assigns. Each and every lease and each and every contract, deed or other instrument hereafter executed conveying the Property or any portion thereof shall expressly provide that such lease or conveyance is subject to this Deed Restriction; provided, however, that the covenants, conditions and restrictions contained herein shall survive and be effective as to lessees and successors and/or assigns of all or any portion of the Property, regardless of whether such lease, contract, deed or other instrument hereafter executed leasing or conveying the Property or any portion thereof provides that such lease or conveyance is subject to this Deed Restriction. Each subsequent owner(s), occupant(s) and Eligible Household(s), upon acceptance of a deed or lease to a Unit or of the Property, shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions, and restrictions contained herein during an owner's period of ownership or Eligible Household's occupancy. 13. General Provisions. A. Disputes. If any action is brought by a court of law by either party to this Deed Restriction concerning the enforcement, interpretation or construction of this Restrictive Deed Restriction, the prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney's fees as well as costs, including expert witness's fees, incurred in the prosecution or defense of such action. The exclusive forum for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. B. Venue. The exclusive venue for dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. C. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. D. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. Price Capped Community Housing Deed Restriction Page 10 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION E. Modifications: The Owner and Town of Avon agree that any modifications of this Deed Restriction shall be effective only when made by writings signed by the Owner and the Town of Avon and recorded with the Clerk and Recorder of Eagle County, Colorado. F. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. G. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. H. Assignment. The Town may in its sole discretion assign the benefits and delegate the responsibilities of this Deed Restriction to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. I. No Third -Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. J. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be in a joint venture with Owner, and the Town shall never be liable or responsible for any debt or obligation of Owner. K. Governmental Immunity. The town and its officers, attorneys, and employees, are relying on, and do not waive or intend to waive any provision of this Deed Restriction, the monetary limitations or any rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. SS 24-10-101, et seq., as amended, or otherwise available to the Town or its officers, attorneys, or employees. L. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. M. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The Deed Restriction shall be a burden upon and run with the Property for the benefit of the Town or the Town's assigns, who may enforce the Deed Restriction s and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. Price Capped Community Housing Deed Restriction Page 11 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION N. Recording. The Town shall record this Deed Restriction in the real property records of Eagle County, Colorado at the Owner's expense. O. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. P. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. Q. Tax Sale. In the event of a tax sale, the deed restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive the sale of the Community Housing Unit through a tax lien sale process. R. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. S. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. T. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Said notices, consents and approvals shall be sent to the following address unless otherwise notified in writing: To Town of Avon: P.O. Box 975 100 Mikaela Way Avon, CO 81620 To Owner: Price Capped Community Housing Deed Restriction Page 12 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION With a copy to: the address provided by the Eagle County Assessor's office Price Capped Community Housing Deed Restriction Page 13 of 23 A _ OF AVON AV n n CO MUNI Y HOUSING PRICE CAPPED DEED RESTRICTION IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: By: Name: Its: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by , as the owner of the real property described above. Witness my hand and official seal. Notary Public Price Capped Community Housing Deed Restriction Page 14 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION TOWN OF AVON, COLORADO: By: Attest: Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer Price Capped Community Housing Deed Restriction Page 15 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION EXIIMIT A [Insert Property Legal Description] Price Capped Community Housing Deed Restriction Page 16 of 23 A _ OF AVON Avo nCOMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION EXHIBIT R OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust ("Holder") on the on the real property known as [Legal Description] , (the "Property"), and subject to the issuance of a public trustee's deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the Town or its assigns shall have the option to purchase the Property, which shall be exercised in the following manner: Notice of Foreclosure Proceedings: The Holder shall give such notice to the Town of intent to foreclose at least sixty days prior to commencing foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Town of Avon Town of Avon C/O Town Manager C/O Town Attorney PO Box 975 PO Box 975 Avon, CO 81620 Avon, CO 81620 2. Option to Purchase: The Town or its assigns shall have sixty (60) days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the Town or its assignee a special warranty deed, conveying the Property to the Town or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of conveyance to the Town or its assignee. Price Capped Community Housing Deed Restriction Page 17 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder; the Town or its assigns shall have sixty (60) days in which to exercise the Option to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. In the event that the Town or its assigns does not notify the Holder in writing of its intent to exercise the Option to Purchase as set forth herein, the Town's Option to Purchase and the Town of Avon's Community Housing Price Capped Deed Restriction recorded at Reception Number in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the Town that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the Town or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure, and nothing contained herein shall require the Town to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Successors and Assigns: The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town 6. Modification: The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. Price Capped Community Housing Deed Restriction Page 18 of 23 A _ OF AVON AV n n CO MUNI Y HOUSING PRICE CAPPED DEED RESTRICTION IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the day of , 20_. OWNER: By: Name: Its: STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by , as the owner of the real property described above. Witness my hand and official seal. Notary Public Price Capped Community Housing Deed Restriction Page 19 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION TOWN OF AVON, COLORADO: I: Attest: Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer Price Capped Community Housing Deed Restriction Page 20 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION EXHIBIT C ACKNOWLEDGEMENT OF THE TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION WHEREAS, [Buyer Name] (the "Buyer") is purchasing from [Seller Name] (the "Seller") at a price of $[purchase price amount] , the real property and improvements located in [Address & Neighborhood] more particularly described as: [Legal Description] , according to the plat recorded under Reception No. , in the real property records of Eagle County of Eagle, Colorado (the "Subject Property"); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled "TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION", recorded on , 20, under Reception No. , in the real property records of Eagle County, Colorado (the "Deed Restriction"). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as an inducement to the Seller to sell the Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Buyer acknowledges that the Deed Restriction imposes a future sale to an Eligible Household at no greater than the Maximum Sales Price exclusively on the sale or conveyance of the Subject Property. 3. I/we acknowledge that no sales/purchases are exempt from the requirement that the Property be occupied by an Eligible Household in accordance with the Deed Restriction. All future buyers shall complete an application for approval of Eligible Household status with the Town of Avon or its designee. Current and future buyers agree that (i) the Owner or lessee qualifies as an Eligible Household; (ii) the Owner uses the Property as its Primary Residence; and (iii) the Owner is in compliance with the terms and conditions of this Deed Restriction. 4. Notice to Buyer, pursuant to Section 12 of the Deed Restriction, should be sent to: Price Capped Community Housing Deed Restriction Page 21 of 23 A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION 5. I/we direct that this acknowledgement be placed of record in the real estate records of Eagle County of Eagle, Colorado and a copy provided to Town of Avon. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day of , 20_. BUYER(S): Printed Name Printed Name STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , by Witness my hand and official seal. Notary Public Price Capped Community Housing Deed Restriction Page 22 of 23 day of A _ OF AVON Avo nCOMMUN.TY HOUSING PRICE CAPPED DEED RESTRICTION EXHIBIT A DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 23 of 23 EXHIBIT C RESIDENT OCCUPIED DEED RESTRICTION TEMPLATE AEXHIBIT C TOWN OF Avo nCOMMUN.TYAVON HOUSING • RESIDENT OCCUPIED DEED RESTRICTION THIS COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION ("Deed Restriction") is made and entered into on 20 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality, with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 ("Town"), and , with an address of , [hereinafter known as "Owner"], (each individually a "Party" and collectively the "Parties"). WHEREAS, Owner and Town desire to enter into this Deed Restriction; and, WHEREAS, the Town places certain restrictions on the ownership and resale of the Property for the benefit of the Town by requiring ownership and resale of the Property as set forth in this Deed Restriction and Avon Community Housing Policies ("ACHP"), and as they may be amended from time to time; and WHEREAS, the Town declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all Owners of the Property; and WHEREAS, the Town has authority as a home rule municipality to enter into the Deed Restriction and to exercise all rights, remedies and administrative oversight in this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Property Subject to Deed Restriction. The Property, as more particularly described in Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership, use and sale of the Property shall be restricted as specified in this Deed Restriction. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: A. "Annual Compliance Recertification" means an annual certification under oath by the Owner to the Town stating the Property has maintained occupancy by an Eligible Household in accordance with this Deed Restriction and the ACHP. B. "Property Subject to Deed Restriction" The Property, as more particularly described in Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership, use and sale of the Property shall be restricted as specified in this Deed Restriction. Resident Occupied Community Housing Deed Restriction Page 1 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION C. "Eligible Household" means Households that (i) will use that Unit as their Primary Residence, (ii) are qualified employees, and (iii) own no other real estate. Each of the criteria are further defined below: i. Employment Qualification: At least one primary member of a Household must meet one or more of the following criteria: (1) an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis; or (2) earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or (3) has been hired for a job in Eagle County on a permanent basis to work at least thirty (30) hours per work, or (4) Employment qualifications may include classifications of workers (i.e. retirees, disabled, remote workers) in accordance with the Avon Community Housing Policies, as may be amended from time to time. ii. Primary Residence. The Property will be used as the sole and exclusive place of residence as defined herein. iii. Restriction on Owning Other Real Estate: (1) As of the date of purchase of the Property, during ownership of the Property and during any period of time the Property is occupied by an Eligible Household, no member of such Eligible Household, including, but not limited to, spouses and children under 18 years of age, may own any interest, alone or in conjunction with others, anywhere in any improved residential real property(ies). (2) A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from this requirement, which may be granted at the sole written discretion of the Town or its assign. (3) Real estate that is owned by a prospective or current Eligible Household shall not be deeded to a corporation or other person or entity except for a fair market value, nor shall real estate be deeded to a corporation or other legal entity in which any Household member has any financial interest in order to meet the requirements in this subsection. iv. Title of the Property shall be held in the name of the natural person(s) who are members of the Household which qualifies under criteria above. For example, title may be held jointly in the name of spouses who are members of an Eligible Household. Resident Occupied Community Housing Deed Restriction Page 2 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING • RESIDENT OCCUPIED DEED RESTRICTION (1) Notwithstanding the foregoing, an Eligible Household may seek a variance to allow title of the Property to be held in trust for the benefit of a natural person who also meets the definition and qualifications of an Eligible Household, as stated herein in Section 2.B. Such ownership in trust may only occur in the circumstances provided herein and at the sole written discretion of the Town, or its assign. To request a variance, the applicant shall submit a letter to the Town, or its assign, requesting a special review and a determination that title of the Property may be held in trust as set forth herein. (2) To be eligible for a variance, the following conditions must be met: (i) The beneficiary of the trust may not own other real property; and (ii) The beneficiary of the trust must be of the age of majority to qualify for this variance. (3) Upon receipt of a request for a special review for a variance and any requested information and documentation, the Town, or its assign, may grant the request, in writing, with or without conditions. D. "Household" means all individual(s) who will occupy the Property regardless of legal status or relation to the owner or lessee. E. "Initial Sale" means the price the Resident Occupied For -Sale Housing unit may be initially sold for, the process for which that unit will be offered for sale, and the buyer selection process. F. "Owner" means the owner of a fee simple title to the Property, as well as its owner's agents, successors and assigns, buyers, heirs, devisees, transferees, grantees, owners or holder of title to the Property of record of the Housing Unit, according to the Clerk and Recorder of Eagle County, during their period of ownership interest. G. "Primary Residence" A Property is the Primary Residence of an Eligible Household as long as one or more members of the Eligible Household lives on the Property for at least 9 months in a calendar year. Determination of Eagle County primary residency status shall be based on criteria the Town deems reasonably necessary to make a determination, including but not limited to, voter registration, place of vehicle registration, and/or state issued identification. H. "Qualified Employer" means an individual or entity that regularly conducts business in Eagle County, is based in Eagle County, and is registered in Eagle County, if applicable. Qualified Employers may hold title to the Property and lease to their employees who are also members of Eligible Households. Qualified Resident Occupied Community Housing Deed Restriction Page 3 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION Employers may not impose restrictions upon the Property in addition to the terms of this Deed Restriction without prior written consent of the Town. I. "Resident Occupied Community Housing" is subject to a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence. J. "Short Term Rental" An Owner or non -Owner providing compensation to lodge in the Property for periods of less than thirty (30) days. Owner shall not advertise any part of the Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. K. "Town" shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use Restrictions: A. The ownership, use and occupancy of the Property is restricted as follows: (i) the Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Property to their employee(s), who is/are Eligible Household(s), as defined within Section 2 of this Deed Restriction; (ii) the Qualified Employer lessee own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and (iii) the Owner or Qualified Employer lessee uses the Property as its Primary Residence, as defined within Section 2 of this Deed Restriction. B. The Property may not be sold or otherwise transferred to any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 4 below and pursuant to all provisions within this Deed Restriction. It is understood and agreed by the parties that notwithstanding the foregoing, title to the Property may be held from time to time by the Town in the event of a foreclosure or as permitted by this Agreement or the ACHP. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Property may be held from time to time by certain employers, districts or governmental entities which qualify as a Qualified Employer, as that term is defined in Section 2.G above. C. Owner is subject to Annual Compliance Recertification confirming and verifying the Owner's continued eligibility as an Eligible Household and its compliance with this Agreement. To confirm such eligibility, the Owner of the Property shall submit the following information to the Town: (i) a verification that the Owner continues to meet the requirements of an Eligible Household who uses the Property as its Primary Residence; and (ii) a statement that the Owner owns no other real property, subject to the exceptions set forth in the definition of Eligible Resident Occupied Community Housing Deed Restriction Page 4 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION Household, in Section 2 above, and other documentation that be required by the Town and the ACHP, as may be amended from time to time. D. An Owner must not engage in any business activity on or in such Property, other than as permitted within the zone district applicable to the Property. E. The Short Term Rental, or the advertising of a short term rental, of all or any portion of the Property is prohibited. F. An Owner of the Property may not permit any use or occupancy of the Property except in compliance with this Agreement. G. Owner, other than a Qualified Employer, may not, except with prior written approval of the Town and subject to the most current ACHP and the provisions of this Deed Restriction, rent the Property for any period of time. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction and ACHP, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eligible Household and Primary Residence status, as defined in Section 2. H. Any subsequent Owner of the Property must execute an Acknowledgement of Deed Restriction Agreement for Resident Occupied For Sale Housing, in the form, or similar form provided by the Town, set forth in Exhibit C , and attached hereto and incorporated herein by this reference. The failure to execute such document shall not extinguish the legal force and effect of this Deed Restriction on all current and subsequent Owners. I. All sales of the Property shall be subject to the Maximum Sales Price as calculated in Section 5 below. 4. Sale Restrictions: The Property may not be sold otherwise transferred to any person other than an Eligible Household and in accordance with the procedures set for verification contained in this Section 4. A. Initial Sale by Owner. Unless otherwise governed by the ACHP, the process for Initial Sale by the developer and buyer selection shall be determined by the Town. B. Resale. i. Owner shall deliver to the Town, or its assigns, a written notice of intent to sell the Subject Property which notice shall include the name(s) of the buyer(s) and all information required to determine whether the buyer(s) meets the definition of an Eligible Household. Resident Occupied Community Housing Deed Restriction Page 5 of 20 A TOWN OF Avo nCOMMUNITYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION ii. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective buyer(s) meets the definition of an Eligible Household. The administrative fee may be increase by the Town over time by an amount equal to the annual increases in the Consumer Price Index for All Urban Consumers for the Denver -Aurora -Lakewood, Colorado metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town's costs associated with processing the application. iii. Once the Town has received complete information concerning the prospective buyer(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the buyer(s) meet the definition of an Eligible Household within thirty (30) days of receipt of such information. iv. The Town may require the buyer to reimburse the Town of any additional costs that are incurred in the review and determination of whether a buyer(s) meets the definition of an Eligible Household, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. V. The Owner may sell and convey the Subject Property to the buyer(s) that is determined in writing by the Town to be an Eligible Household. A. Upson sale and conveyance of the Subject Property by Owner to a buyer(s), the buyer(s) shall be subject to the same occupancy and use requirements set forth in this Agreement. 5. Default by Owner. Owner shall be responsible for compliance with all terms of this Deed Restriction, including occupancy and use of the Subject Property and limitations on owning other real estate. Any non-compliance with the terms of this Deed Restriction or breach of any covenant(s) set forth in this Deed Restriction, including non-compliance of use and occupancy of the Subject Property and limitations on owning other real estate, shall be deemed to be a Default by Owner, whether such non-compliance is a result of direct actions of the Owner of such non- compliance occurs during ownership. 6. Inspection. If the Town has reasonable cause to believe that the occupancy or use of the Property does not comply with any provision(s) of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants a Notice to Inspect with at least twenty four (24) hours written notice. Notice of Inspection may be given by posting notice on the door to the residence on the Property. The Notice of Inspection shall generally describe the suspected non-compliance with this Deed Restriction and shall reference the Town's right to inspect set forth in this Deed Restriction. The Resident Occupied Community Housing Deed Restriction Page 6 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION Town shall have permission to enter the Property during such times upon providing a Notice of Inspection without further consent. 7. Notice and Cure. In the event of a Default by Owner of this Deed Restriction, the following procedures shall apply. A. Notice of Default. The Town shall send a written Notice of Default to the Owner detailing the nature of the default. Notice may be mailed, posted on the front door of the Property, or sent electronically. The Notice of Default shall (i) state the terms of this Deed Restriction, EHOP Guidelines or ACHP for which the Owner has defaulted; (ii) state the period for the Cure; (iii) references the potential remedies in this Deed Restriction; and (iv) state the procedures for administrative appeal of the Notice of Default. B. Period for Cure. The Period for Cure shall generally be thirty (30) days, provided that a default by Owner for lease or use of the Property as a Short Term Rental, non -primary residence or Second Home shall be cured by the Owner immediately. The Town may provide a longer period for Cure upon written agreement with the Owner, when the nature of the default will take longer than thirty (30) days to cure and the Owner is actively cooperating with the Town and making all reasonable efforts to effect the cure. C. Administrative Appeal. Owner has the right to request an administrative appeal of a Notice of Default. A request for an administrative appeal must be filed within ten (10) days of receiving a written Notice of Default. The Town shall conduct an administrative appeal hearing in accordance with procedures and requirements set forth in the ACHP. D. Default. If an administrative appeal request is not tiemly and properly submitted in writing and the default is not cured withing the stated Period for Cure in the Notice of Default, the Owner shall be deemed to be in Default of this Deed Restriction. E. Court Review. An administrative appeal decision shall be the final decision for the purpose of determining if a default has occurred. The date of the final decision shall be the date that a written decision of the administrative appeal is executed and provided to the Owner (as appellant). A final decision from an administrative appeal hearing may be judicially appealed, in the District Court of Eagle county pursuant to C.R.C.P. 106. 8. The Town has the right to the following remedies. A. Law and Equity. This Deed Restriction is enforceable by the Town, and their respective successors and assigns, as applicable, or as their designee, by any appropriate legal action including but not limited to specific performance, Resident Occupied Community Housing Deed Restriction Page 7 of 20 A TOWN OF Avo nCOMMUNITYAVON HOUSING • RESIDENT OCCUPIED DEED RESTRICTION injunction, reversion, or eviction. The remedies provided herein are cumulative and not exclusive of all other remedies provided by law and/or equity. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, the Town shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. B. Interest on Amounts Due. Any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. C. Recovery of Costs to Enforce. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney's fees, court filing costs and county recording costs. D. Lien. The Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, §31-20-105, as amended from time to time, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. E. Joint and Several Liability. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. F. Recovery of Wrongful Gains. In the event of any lease of the Property to a person who is not an Eligible Household, as defined in the ACHP, or use of the Property as a Short Term Rental, non -primary residence or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 9. Liquidated Damages. The Parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of Three Hundred Dollars ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Section 8 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home, non -primary -residence or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner Resident Occupied Community Housing Deed Restriction Page 8 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION prior to receipt of a Notice of Default and prior expiration of a thirty (30) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 10. Foreclosure. A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, and subject to the issuance of a public trustee's deed to the holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the older, the Town or its assigns shall have the option to purchase the Property as provided in the Option to Purchase, in a form similar to EXHIBIT B: Option to Purchase, attached hereto and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Property, only a Town of Avon Employee Household may acquire an interest in the Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, if the holder of such deed of trust is the grantee under the public trustee's deed or deed in lieu of foreclosure and the Town does not exercise its Option to Purchase as provided in Section 11.A, then the Town agrees to release the Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the Town to release and waive its ability to enforce this Deed Restriction in the event of a foreclosure of a lien secured in second or subsequent position. E. If the Town or its assigns exercises the Option to Purchase described in this Section 11, and acquires title to the Property, the Town or its assigns may sell the Property to a Town of Avon Employee Household or an Eligible Household or rent the Property to qualified tenants who meet the income, occupancy, and all other qualifications, established by the EHOP Guidelines and/or the ACHP, until such time that the Property can be sold to a Town of Avon Employee Household or an Eligible Household, or may elect to release and terminate this Deed Restriction, at Town's sole discretion. F. All obligations recorded of record against the Property and subsequent to this Agreement shall be subordinate to terms hereof. 11. Deed Restriction Runs with the Land. This Deed Restriction and the terms, covenants, conditions and other provisions hereof shall constitute covenants running with title to the Property for the benefit of, and enforceable by the Town and its successors and assigns and this Deed Restriction shall bind the Property, the Owner and all subsequent owners, occupants, successors and assigns. Each and every lease and each and every contract, deed or other instrument hereafter Resident Occupied Community Housing Deed Restriction Page 9 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING • RESIDENT OCCUPIED DEED RESTRICTION executed conveying the Property or any portion thereof shall expressly provide that such lease or conveyance is subject to this Deed Restriction; provided, however, that the covenants, conditions and restrictions contained herein shall survive and be effective as to lessees and successors and/or assigns of all or any portion of the Property, regardless of whether such lease, contract, deed or other instrument hereafter executed leasing or conveying the Property or any portion thereof provides that such lease or conveyance is subject to this Deed Restriction. Each subsequent owner(s), occupant(s) and Eligible Household(s), upon acceptance of a deed or lease of the Property, shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions, and restrictions contained herein during an owner's period of ownership or Eligible Household's occupancy. 12. General Provisions. A. Disputes. The exclusive forum for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. B. Venue. The exclusive venue for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. C. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. D. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. E. Modifications: The Owner and Town of Avon agree that any modifications of this Deed Restriction shall be effective only when made by writings signed by the Owner and the Town of Avon and recorded with the Clerk and Recorder of Eagle County, Colorado. F. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. G. Assignment. The Town may in its sole discretion assign the benefits and delegate the responsibilities of this Deed Restriction to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. Resident Occupied Community Housing Deed Restriction Page 10 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION H. No Third -Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. I. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be in a joint venture with Owner, and the Town shall never be liable or responsible for any debt or obligation of Owner. J. Governmental Immunity. The town and its officers, attorneys, and employees, are relying on, and do not waive or intend to waive any provision of this Deed Restriction, the monetary limitations or any rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. SS 24-10-101, et seq., as amended, or otherwise available to the Town or its officers, attorneys, or employees. K. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. L. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The Deed Restriction shall be a burden upon and run with the Property for the benefit of the Town or the Town's assigns, who may enforce the Deed Restriction s and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. M. Recording. The Town shall record this Deed Restriction in the real property records of Eagle County, Colorado at the Owner's expense. N. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. O. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. P. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. Q. Tax Sale. In the event of a tax sale, the deed restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive the sale of the Community Housing Unit through a tax lien sale process. Resident Occupied Community Housing Deed Restriction Page 11 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION R. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. S. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Said notices, consents and approvals shall be sent to the following address unless otherwise notified in writing: To Town of Avon: P.O. Box 975 100 Mikaela Way Avon, CO 81620. To Town of Owner: With a copy to: the address provided by the Eagle County Assessor's office. Resident Occupied Community Housing Deed Restriction Page 12 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this _ day of , 20 , by , as the owner of the real property described above. Witness my hand and official seal. My commission expires: TOWN OF AVON, COLORADO: Notary Public Attest: Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer Resident Occupied Community Housing Deed Restriction Page 13 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION EXMIT A [Insert Property Legal Description] Resident Occupied Community Housing Deed Restriction Page 14 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION EXHIBIT B OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust ("Holder") on the on the real property known as [Legal Description] , (the "Property"), and subject to the issuance of a public trustee's deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the Town or its assigns shall have the option to purchase the Property, which shall be exercised in the following manner: 1. Notice of Foreclosure Proceedings: The Holder shall give such notice to the Town of intent to foreclose at least sixty days prior to commencing foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Town of Avon Town of Avon C/O Town Manager C/O Town Attorney PO Box 975 PO Box 975 Avon, CO 81620 Avon, CO 81620 2. Option to Purchase: The Town or its assigns shall have sixty (60) days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the Town or its assignee a special warranty deed, conveying the Property to the Town or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of conveyance to the Town or its assignee. 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder; the Town or its assigns shall have sixty (60) days in which to exercise the Option Resident Occupied Community Housing Deed Restriction Page 15 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING • RESIDENT OCCUPIED DEED RESTRICTION to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. In the event that the Town or its assigns does not notify the Holder in writing of its intent to exercise the Option to Purchase as set forth herein, the Town's Option to Purchase and the Town of Avon's Community Housing Resident Occupied Deed Restriction recorded at Reception Number in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the Town that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the Town or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure, and nothing contained herein shall require the Town to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Successors and Assigns: The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. 6. Modification: The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. Resident Occupied Community Housing Deed Restriction Page 16 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the day of , 2024. OWNER: By:_ Name: Its: STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by , as the owner of the real property described above. Witness my hand and official seal. Notary Public TOWN OF AVON, COLORADO: U51a Attest: Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer Resident Occupied Community Housing Deed Restriction Page 17 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION EXHIBIT C ACKNOWLEDGEMENT OF THE TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION WHEREAS, [Buyer Name] (the "Buyer") is purchasing from [Seller Name] (the "Seller") at a price of $[purchase price amount] , the real property and improvements located in [Address & Neighborhood] more particularly described as: [Legal Description] , according to the plat recorded under Reception No. , in the real property records of Eagle County of Eagle, Colorado (the "Subject Property"); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled "TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION", recorded on , 20_, under Reception No. , in the real property records of Eagle County, Colorado (the "Deed Restriction"). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as an inducement to the Seller to sell the Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Buyer acknowledges that the Deed Restriction imposes a future sale to an Eligible Household exclusively on the sale or conveyance of the Subject Property. 3. I/we acknowledge that no sales/purchases are exempt from the requirement that the Property be occupied by an Eligible Household in accordance with the Deed Restriction. All future buyers shall complete an application for approval of Eligible Household status with the Town of Avon or its designee. Current and future buyers agree that (i) the Owner or lessee qualifies as an Eligible Household; (ii) the Owner uses the Property as its Primary Residence; and (iii) the Owner is in compliance with the terms and conditions of this Deed Restriction. 4. Notice to Buyer, pursuant to Section 12 of the Deed Restriction, should be sent to: 5. I/we direct that this acknowledgement be placed of record in the real estate records of Eagle County of Eagle, Colorado and a copy provided to Town of Avon. Resident Occupied Community Housing Deed Restriction Page 18 of 20 A TOWN OF Avo nCOMMUN.TYAVON HOUSING • RESIDENT OCCUPIED DEED RESTRICTION IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day of , 20_. BUYER(S): Printed Name Printed Name STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , by Witness my hand and official seal. Notary Public Resident Occupied Community Housing Deed Restriction Page 19 of 20 day of A TOWN OF Avo nCOMMUN.TYAVON HOUSING RESIDENT OCCUPIED DEED RESTRICTION EXHIBIT A DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 20 of 20 TO: Honorable Mayor Tamra N. Underwood and Avon Town Council FROM: Max Morgan, AICP, Planner II A RE: Work Session -Main Street Pedestrian Mall Avon Concept Design DATE: March 13, 2025 C O L O R A D O SUMMARY: This report presents three conceptual designs options to Avon Town Council ("Council") for extension and enhancements to the Main Street Pedestrian Mall ("Mall"). Council directed Staff to proceed with design and construction of the Pedestrian Mall extension from Lettuce Shed Lane to Harry A. Nottingham Park ("Park") after completing the La Zona planning effort in 2023. Design of the Mall extension is an adopted 2025 Community Development Department Goal with the anticipation that construction may occur as early as spring of 2026. The proposed conceptual designs depict layouts that would enhance and the extend the Mall from Lettuce Shed Lane Plaza to Lake Street. All conceptual design options include extension of the established design from Possibility Plaza to Lettuce Shed Plaza, expansion and enhancement of a civic plaza at the Town Hall Skier Building, and improved crossed walks at Mikaela Way and Lake Street. Designs for altered or replacement parking are also presented in response to Council's stated goal to not reduce existing parking space. Council is requested to provide direction on the preferred Conceptual Design option. CONCEPTUAL DESIGN PROCESS: Staff proposed an initial conceptual layout design process to determine the general layout and desired elements of Mall improvements before incurring more substantial costs associated with full design of Mall improvements. This approach is intended to avoid duplicating design costs if initial designs are (literally) not on the right path. Staff retained Stolfus Engineering and DHM Design to prepare Conceptual Designs and assist with this initial Conceptual Design process. The Conceptual Design process began with a joint work session that included Council, the Avon Planning and Zoning Commission ("PZC"), the Avon Downtown Development Authority ("DDA"), Health & Rec Committee, and Cultural Arts and Special Events Committee ("CASE") on January 27, 2025. After the initial work session each of these citizen committees held one or more meetings individually to review, ask questions and provide comments on the proposed Conceptual Design ideas. The Conceptual Design options provide efficient direction to our consultants for the next phase of design but are not complete in details and do not include programming and activation. Those details will be addressed in the next phase of full design. The Conceptual Designs seek to incorporate "flexible opportunities" for future events and activations with the understanding that we do not have any established programs or commitments for use the Mall at this time and that any successful future use of the Mall area for events, activations or gatherings is expected to evolve over time. PLANNING AND ZONING COMMENTS: At the most recent work session with the Planning and Zoning Commission on March 10, 2025, the PZC recommended Town Council consider Option 2 for this project. Option 2 balances the need for path improvements with the need to ensure that the path does not interfere with future development of the surrounding area (E.g., Rec Center Expansion, Old Firehouse redevelopment). Several individuals and committees preferred Option 3 in the initial concept review meetings because it seemingly achieved this same goal. However, as the consultants refined each concept to include ideas for future development, the perceived assurance that the existing path layout that 970.748.4014 mmorgan@avon.org Option 3 enlists was the least likely to impact future development came into question. The PZC also sought the incorporation of existing "edges" or boundaries within the project area, that would likely remain unaffected by development plans in the next 5-20 years. The Avon Public Library does not have reported plans for exterior updates or modifications to the building footprint, and the La Zona Plan similarly does not include recommendations for site improvements. Seemingly, the building footprint of the Library is an "edge" that will remain unchanged in the next decade or so, and already includes a sidewalk where the path layout is proposed. Option 2 shows this sidewalk would be widened as part of the path update. The PZC provided additional recommendations for: • Enhancements along the westside of the Rec Center to define the existing, northerly connection to the Park • A Food Truck Court considered in the south section of the Rec Center west parking area or north of the Mikaela Way Enhance Crossing. • No user -policy in the immediacy (e.g., Dismount Zone) but consideration for user -policies in the event that the Mall cannot accommodate a variety of uses like dog -walking, biking, and skating The DDA, CASE, and Health and Rec Committees did not review Option 2 in its current form, but provided meaningful contributions with direction to avoid costly development that would need to be changed in the near future, activate the Mall and surrounding sites, consider shade and sunlight when designing nodes and spaces, consider connections to north -south transit opportunities, Vluana Draftea Concept The purpose of the work session is to: • Review the new Mall Concept layout options and choose a preferred option (ATT A - Concepts for Review) Provide feedback to Staff and Consultants in anticipation of the Design Phase d,g Image 1-1 of 3 Pedestrian Mall Concepts from DHM Design / Stolfus Engineering BACKGROUND: Pedestrian malls serve to help people get outside and move around safely in an interesting, safe, and inviting space. Pedestrian malls are notable for their ability to: Page 2 of 14 • Support transit networks that prioritize non -motorized transportation. • Connect areas of town and related assets, create gateways, and invite exploration of space. • Provide opportunities for place -making and event space, activating areas with pop-up markets and fairs, art and compelling architecture. Town of Avon's Main Street Pedestrian Mall stretches nearly'/4 of a mile east to west, from the northeast corner of the Wyndham Property ("Possibilities Plaza") to Lake Street, near the east entrance to Harry A. Nottingham Park. The Mall serves as the primary pedestrian pathway through the west portion of Town Center, connecting the Park with other civic assets including the Avon Rec Center, Avon Public Library, Town Hall, and the Transit Center. This area, known as the "Civic Campus", is part of Tract G on the Benchmark Subdivision Official Plat. 4 4 tRSTATE 7U , BRACT D 9 50 51 B 5 B 9 7 3 It 12 13 14 4 lb il'fiACT 4 q 7 IT 3 2 1 1e 19 2 I1 12 43 TRACT P HARRY A 44 42 3�7 34 N TTINGHAM PARK I TRACT 6 45 3 74 C 41 1 !4 BLOCK 2 6 13 rq4 47 32 29 12 Cj M la TOWN 49 31 1 11 TRACT N HALso 30 I 53 TRACT 1 TRH TRACT K 32 55 64 54 � 63 162 56 I 1 61 1 6a �- — 4 Se � � Image 2 - Annotated Plat (1978) Highlighting Tract G with Existing Path in Orange Page 3 of 14 Pedestrian Mall / Lettuce Shed Lane Image 3 - Map of Tract G Area with Mall Path % Liwfflrr w n •R r Image 4 — Existing Mall Layout The Main Street Pedestrian Mall is the primary pedestrian route that connects accommodations and businesses with civic and recreational uses in the core of Avon. Given its importance to the community, previous Town planning documents included a variety of concepts and suggestions for the Mall: Page 4 of 14 Original Plat: The existing Pedestrian Mall predates the Town of Avon. Eagle County approved the original Benchmark at Beaver Creek Subdivision Plat in 1974, which included a portion of Tract G dedicated to "Park and Municipal" use bisecting several lots platted for mixed -use (commercial + residential) properties. The Town of Avon maintained this physical framework when it incorporated in 1978, and the original Town plat from the same year shows a pathway between future, mixed -use sites where the east portion of the Mall currently lies (See Image 2). Avon Town Center Development Plan (2000): The early 2000s saw the Town consider a significant, conceptual overhaul of the Mall. The Avon Town Center Development Plan (2000) expresses that the Town's then -Existing Pedestrian Circulation was a problem -area, highlighting that the Mall was the only "formal provision for pedestrians" aside from sidewalks along streets. The document references "unclear way -finding", and "awkward parcel shapes" as general problems with the Town's layout. Interestingly, the Avon Town Center Development Plan (2000) recommends the redevelopment of the Mall as a vehicular thoroughfare that would serve public and private vehicles in addition to pedestrians, and for more pedestrian pathways to develop elsewhere in the Town Center, including two pedestrian sky -bridges. No sky -bridges or alternative pedestrian network developed, and the challenges related to way -finding and parcel shapes are still considered relevant to the Town. West Town Center Investment Plan (2007): The Town's West Town Center Investment Plan (2007) was designed to "encourage and facilitate revitalization" in the area between Nottingham Park and East Town Center. Drafted and adopted in collaboration with Design Workshop in 2007, the West Town Center Investment Plan sought to provide benefits for the area including: • Functionally and aesthetically complementary development, and enhanced, visual character for the Town Center • More predictability, direction, and ease for developers and the Town in the design review process for redevelopment projects • Increased confidence in investors • More predictability for the Town's budgeting and financing mechanisms Page 5 of 14 "�4-•tom I-70 i ' Avo n r #x VI VJ51 r i - 5r . Qr + Y 11 J Image 5 - Map from WTC Investment Plan (2007) While development went largely unrealized given constraints during the Great Recession in 2008, planning concepts from the West Town Center Investment Plan are worth consideration in 2025: • Street realignment to improve circulation and enhance development feasibility of vacant parcels • Linkage for pedestrian, bike, and auto circulation throughout the Town • A parking structure • Public plazas and gathering spaces • Entertainment opportunities and extended retail hours • Enhanced signage, streetscapes, landscaping and wayfinding • Ground -level architectural detailing to enhance the pedestrian experience Page 6 of 14 Master Plan for Harry A. Nottingham Park (2008): Harry A. Nottingham Park has served the community as the Town's largest park and central outdoor meeting area for residents and guests since 1978, and has been the subject of several planning documents sponsored by the Town. The most recent Master Plan for Harry A. Nottingham Park (2008) inventories then -existing conditions and gives recommendations and strategies to guide improvements for the Park over time including: • Create more prominent gateways to the park • Treat the park as a focal point for community activity and congregation The plan states that "a majority of park users who are local residents or visitors staying in nearby lodging typically walk to the park' but that "points of entry are barely visible. They need to be accentuated with monuments, directional signage, and lighting to highlight them as gateways into the park. A major recommendation and priority of the master plan is to make the entry points into the park more prominent and distinctive." The Park continues to see improvements and increased use, as demonstrated with special events and the successful beach enhancements enjoyed during summer months. At the southeast corner of the Park, the previous Town Hall building was demolished in 2021. Park improvements for the southeast corner of Harry A. Nottingham Park are soon be underway and include public restrooms, concession space, outdoor gathering and landscaping improvements. Wyndham Property: The development of the Wyndham Timeshare property in 2012 included improvements to the portion of the Mall adjacent to the building, including Lettuce Shed Lane and Possibilities Plaza. Originally platted as "Benchmark Court", the Town entered an agreement with Wyndham Properties for both parties to install landscaping, hardscape, lighting and other compatible improvements to what is now Lettuce Shed Lane and Possibilities Plaza. The project used funding from the Avon Urban Renewal Authority ("URA") to create a distinct node and pathway to the Avon Station transit center in the Mall's layout, which marks the east boundary of the proposed improvements. The agreement authorizes additional pedestrian amenities and seating, including a snowmelt system underneath the Mall, and overall re -confirms that the site should be developed to prioritize pedestrians over vehicles. CONCEPT REVIEW: The La Zona planning process recognized the community priority to extend and complete the Mall from Lettuce Shed Lane to Lake Street. The La Zona planning process also recognized the importance of connecting to adjacent areas, including Harry A. Nottingham Park, Town Hall, the Recreation Center, Avon Public Library, mixed -use and commercial developments, adjacent parking areas, connection to the river trail, and general connection to surrounding blocks. The importance of improved wayfinding was also recognized during the La Zona process. Page 7 of 14 � Visin vlios �•epesed Hefel 7z zs Aron Center . n I il Image 6 - Map of La Zona from the La Zona Plan Document The La Zona proposed concept plan segments the Mall plan area into three subareas or "rooms." The rooms are labeled in the plan based on their "design identity" and intended use: Play, Civic, and Move. The Mall runs through all three subareas, suggesting that the Mall could represent different identities at different locations. Page 8 of 14 • i 1 .W•- ti 1r i ,N Ak Rh- • _ ,, eT4IV tat TY Z R e ati w • *4�h 4 .� Af ■ . PLAY: The westernmost section is anchored by Harry A. Nottingham Park, the Town's Recreation Center, and the Public Library. Three major destinations for children and families, and for residents and visitors to recreate and enjoy. As such, the design of the Main Street Mall should emphasize play and leisure activities, and provide features that encourage people of all ages to stay and enjoy. CIVIC: The central section is anchored by Avon's Town Hall, with underutilized plaza spaces abutting the Main Street Mall both at Town Hall and the Seasons complex. The goal for this section is to emphasize public and civic meeting space, with flexible design elements that encourage gathering and municipal programming. MOVE: finally, the easternmost section of the Main Street Mall emphasizes mobility and connectivity to other anchor destinations in Avon. This segment is the connective tissue to the Beaver Creek Gondola to the south, to local and regional transit services at Avon Station, and to thoroughfares on Avon Road and West Beaver Creek Boulevard. Design elements may include placemaking and programming features, but should also emphasize mobility and decision points to reach connected destinations. Image 7 - "Rooms" Excerpt from La Zona Concept Plan Additionally, the La Zona proposed concept plan focuses on four sites for redevelopment: 1. Avon Recreation Center Expansion Analysis 2. 351 Benchmark Road aka "Old Firehouse" Use Study 3. Main Street Pedestrian Mall Improvements 4. Improved Multi -modal Connections (Through Existing Assets) Page 9 of 14 The La Zona proposed concept plans were never formally adopted by Council. There were, and still are, many variables to be determined with use or re -use of 351 Benchmark Old Fire Station Site and the Avon Recreation Center. Council did prioritize extension and enhancement of the Mall. THREE CONCEPTUAL DESIGN OPTIONS: All three Conceptual Design options show existing and proposed elements along the Mall. All three Conceptual Design options propose a larger and enhanced Civic Plaza at Town Hall, an enhanced crossing at Mikaela Way including the closure of Mikaela Way, a mini -plaza between the Avon Recreation Center and Avon Library, and enhanced pedestrian crossing of Lake Street. Several future developments are "shaded in" to reflect potential changes in and around the space, including the opportunity for future expansion of the Avon Recreation Center into the west side parking lot (except Option 3) and East Park restrooms. All designs show replacement parking on Lake Street and all designs present a net increase in parking spaces (see ATT B: Parking Calculations). OPTION 1 ll w' J Fyn Image 8 - Option 1 Option 1 represents the straightest path and includes a crossing at Lake Street into the park just south of the large spruce tree near the existing crossing. The Recreation Center west parking area is reconfigured to expand parking in the north section but eliminated in the south section. Option 1 has the advantage of clear wayfinding (hard to get lost on a straight path) and leaving the most room on the south side of the Mall for future development of 351 Benchmark and potential Avon Library expansion and has the disadvantage of presenting the most expensive parking reconfiguration and a potentially awkward entry into the Park at the west recreation tree/big spruce tree. The image includes an alternative drawing for the proposed Civic Plaza at Town Hall but this concept is not tied to Option 1, and could be applied to any option. Image 9 - Angular Civic Plaza Page 10 of 14 OPTION 2 /' 1 �, 5�"✓., -sir' _. � �.'�., / .,..•" �ti= R� I 77 'I T ., O ® oramo;h Image 10 — Option 2 Option 2 shows a straight path over Mikaela Way, and the same mini -plaza also shown in Option 1. The path for Option 2 uses the existing "edge" of the Library and then crosses Lake Street to enter the Park at the juncture of the southeast corner of the main field, the south recreation trail, and the planned corner entrance to a skate plaza. The Planning and Zoning Commission recommends Option 2, with additional recommendations for: Enhancements along the westside of the Rec Center to define the existing, northerly connection to the Park A Food Truck Court considered in the south section of the Rec Center west parking area or north of the Mikaela Way Enhance Crossing No user -policy in the immediacy (e.g., Dismount Zone) but consideration for user -policies in the event that the Mall cannot accommodate a variety of uses like dog -walking, biking, and skating. Option 2 uses the existing edge of the Library to provide a border to the Mall and to move the Lake Street crossing and connection into the Park to the juncture of the south recreation trail, skate park/restrooms and main field. Representatives of the Eagle Valley Library District indicated that they are considering potential expansion of the Avon Library but do not have any specific plans at this time, other than they indicated that they would not consider major reconfiguration of the internal layout of the Library to move the entrance to the north side. Option 2 has the advantage of entering the Park at a more function location at the south recreation trail. Entry in the main field at the south east corner is easier with much less grade than entering by the big spruce tree. At this junction location it is also easy to proceed on the south recreation trail, go south to the river corridor trail connection, go north on the west recreation trail, enter the skate plaza (if and when constructed in the future). This location for crossing Lake Street and entering the Park would be easier and more intuitive for a strong gateway entry element. Parking reconfiguration for this option is more modest. Option 2 also proposes additional pedestrian enhancements (and expense) to improve the connection from the Mall along the west side of the Recreation Center to the crossing by the Avon Playground/north recreation path. Page 11 of 14 OPTION 3 �"_ z <r � sF✓ .� Y ^r it r ` ``�r r -Yam �4 rS - �'.n' �:. -�._ �' \'_ '✓ ,f Jul/ I _{I I'� �Z.fxI IIR 1 k AVON PFD hM ESTRIAX MALL Image 11- Option 3 Option 3 includes the same enhancements from Lettuce Shed Lane, across Mikaela Way to the mini -plaza between the Avon Recreation Center, but then uses a "least investment, temporary path" design to follow the existing sidewalk path through the parking area and across Lake Street. "Lease investment, temporary path" means installing pavers for consistency of the Mall path (i.e. improved wayfinding) but not installing any other enhancements with the expectation that when future redevelopment of 351 Benchmark is determined then this segment of the Mall would be reconstructed. The advantage of Option 3 is that is the least cost of the three options and allows the most flexibility for future redevelopment of 351 Benchmark. The disadvantage of Option 3 is that it will require this process to be repeated in the future for the west segment and will require a future construction project to finally complete the Mall. ADDITIONAL CONCEPT COMPONENTS: Lake Street Crossing: The Lake Street crossing serves as an essential "gateway" into the Park, and should continue to support park -goers seeking access to the Park from nearby parking areas and the Town Center. The concept proposes a raised -element to update to the existing crosswalk from the Rec Center area to Park (same as the raised crossing at Lettuce Shed Lane to the Westin), and additional on -street parking (eleven new spaces shown). The concept includes proposed locations for wayfinding, and an entry plaza. Mikaela Way Enhanced Crossing: The proposed Mikaela Way Enhanced Crossing provides a substantially improved pedestrian crossing by closing Mikaela Way. This subarea is essential in order for Mall -users to make visual connections with Park, and for day-care attendees (kids!), library -users and Rec Center patrons to access parking and other areas safely on foot. The Enhanced Crossing allows for a greater footprint for a parking garage to develop on the east side of the Rec Center, and could be an ideal location for additional food trucks. Mikaela Way is not a main thoroughfare for vehicular traffic and is essentially a drive path between parking lots. The closure would be accomplished with removal bollards that can easily be opened to use Mikaela Way when we close Lake Street for special events. Page 12 of 14 r REC CENTERr��°- �Q L Iwo TO•ti`` l , .r 4IP y KAL YI14 I{ Image 12 - Parking Garage Concept Comparison Showing Expanded Footprint with Mikaelo Enhanced Crossing The concept resolves several traffic calming challenges and questions that otherwise remain unaddressed if left open to private vehicle traffic: • A raised crossing element does not function effectively if it is not perpendicular to the road. • What speed limit reduction, if any, is appropriate in an area with challenging sight lines for drivers and pedestrians? • Can sight lines be improved? • What accommodations are appropriate for individuals with alternative abilities and mobilities to help safely cross vehicular traffic? Civic Plaza at Town Hall: The concept proposes an update to the space immediately south of Avon Town Hall where the Skier Statue sits currently. All committees previously confirmed that the Skier Statue should remain in the space, but should be moved to not impede the use of the south entry doors to the Council chambers. An expanded plaza adjacent to Council Chambers and provide a very functional space for gatherings and will provide a more usable day to day space for casual outdoor seating. The Committees identified this area as appropriate for "light" entertainment and outdoor gathering space. A circular plaza is shown for design consistency and alternative angular design is presented as an option. NEXT STEPS: Council is requested to provide direction on the preferred Conceptual Design option. Stolfus will proceed to order a survey based on the scope and location of contemplated improvements associated with the selected Option and then proceed to prepare full designs. Full designs would be presented to all the Committees again for review and comment, likely by late summer. Designs must be finalized, approved and ready for bid by October to stay on schedule for spring 2026 construction start. Page 13 of 14 TOWN MANAGER COMMENTS AND RECOMMENDATION: First, I think this has been a good process and I thank Max for his expertise and enthusiasm in leading this process. There were a lot of ideas, which were somewhat chaotic at first, but then settled into a true community based consensus. One aspect I better appreciated early in the process is that there was some perception that the "Mall" would be a heavily activated and programmed destination like 16th Street Mall or Pearl Street Mall. I regard that as an "unrealistic over -expectation". Rather, I view the Mall as the "spine" in our pedestrian friendly Town Core area, and as the spine should be the most heavily used, should be attractive, and should be well connected to other parts of the Town Core, Civic Center and the Park. All three options achieve the core purpose of pedestrian enhancement. The proposed Mall enhancements with the Civic Plaza at Town Hall will provide flexible opportunities for events and gatherings, but there is not a need to determine that programming today. I believe all three Conceptual Design options are viable and present quality design implementation. My recommendation would be for Option 2 based on the Avon PZC consensus that entering the Park near the south recreation trail juncture with the restrooms/future skate plaza and main field is the best location. Option 2 allows the Town to proceed with the Mall extension and enhancement as one project and allows existing parking on the west side of the Recreation Center to remain similar to its current configuration. I also recommend NOT constructing new parking on the west side of Lake Street to keep the landscape buffer between the main field and Lake Street. Option 2 does have the consequence of shrinking the area for potential redevelopment of 351 Benchmark, but future redevelopment of this area is so undefined, speculative and unfunded that I think the best pedestrian design and layout for the Mall should not be held back by something we don't know that won't happen for decades. Once Council selects an Option we will pursue a Main Street Revitalization Grant with CDOT. These grants are available for pedestrian enhancements. I suspect this project would be competitive and, thus far, CDOT funding for this program has not been impacted by Federal and State budget cuts. Thank you, Max ATTACHMENTS: A. Stolfus Engineering / DHM Designs Concepts for Review B. Parking Calculations C. Ped Mall Photos D. Food Truck Court Photos Page 14 of 14 ATT A - UPDATED CONCEPTS FOR REVIEW TOWN OF AVON - 2025 PED MALL CONCEPTS PLAY �whL { C1ViC i, MOVE 'rAVN Mal.4' s .. off 1' :n-. ••.''ti� f �ti/mil .wk..`.�... _... � ix �� Y ` r{ IN 6 K A M r..we ` �� ' ` I•. 0 , wi - _ WYNCMkM AYaN _ I SA4:L�PSRK W 1 , ■ c \\ L or —"_ AVON PEDESTRIAN MALL a r+�' � .r�.e_4•.. PATH OPTION 1 *Straightest Path •Miniplaza between Rec Center / Library •Gateway across from Lake Street Spruce Tree ATT A - UPDATED CONCEPTS FOR REVIEW TOWN OF AVON - 2025 PED MALL CONCEPTS ++^I-P--Y Ar- riPr RAM P`uTuf� ' RESYp-OO.y i AVON PEDESTRIAN MALL OPTION 3 VE `'''1. RlcFAYtIwN t � Of.Y - Y•- .raw.,. � ,y {�, � rti' . ti::�.�:�.•iiei 3' ' k I Y' � H� �-^:."C.:�+." .. �r y.�P:a,.a�iYe. � � 'l ,M • `. 1 -- J �1 • � � i r • \ _ y e d ..wr���+..-..s 1' :Ti i i � pY � i ''I C�e^r�t'Aap�.-`l _ ,• � .t_ ,i=,. �s l� rS�—, i . i f •; � J;: ;� _ � ���� PATH OPTION 2 (UPDATED) • Straight Path Over Mikaela Way NYX044AH AYdN -�W VFW 9" AN mom r rt ® Rm I1ftiIGH is Miniplaza between Rec Center / Library • ratn uses Library Edge • Connects t o Anticipated Parking / Restrooms ATT A - UPDATED CONCEPTS FOR REVIEW TOWN OF AVON - 2025 PED MALL CONCEPTS A.V. %Lll� uniun n OW-15-6 AVON PEDESTRIAN MALL OP ION 3 OPTION B — PLAY N �cw BUT V R6 -� Slk'F7'Er.4R�L� __ �L�`� 1 I•VaN • V{I '.' �iKrlTp Rnry ~ l � y � A �NFia — ervre MOVE i*- F A G • N 5 r •t V- _ _ NYHD44AM AVdN �r T - N PATH OPTION 3 *Keeps Existing Path •Straight Path Over Mikaela Way • No Miniplaza / No Gateway Attachment B - Parking Calculations AVON PEDESTRIAN MALL PARKING CALCULATIONS Parking Lots Count Summary -Based upon Conceptual Plans ( final count may vary (includes EV charging and accessible spaces) Library Parking on Mikaela Way Existing Proposed NET Lake Street Angle Parking Existing Proposed NET Rec Center Northwest Parking Existing Proposed NET Rec Center Southwest Parking Existing Proposed NET TOTAL NET CHANGE Angle Parking West Side Lake St. TOTAL w/o West Side Lake St. Option 1 Option 2 Option 3 26 26 26 37 37 37 11 11 11 24 24 24 31 27 32 7 3 8 17 17 17 25 17 17 8 0 0 20 20 20 0 17 20 -20 -3 0 ATTACHMENT C - 2024 MALL IMAGES Image 1 - View of Possibility Plaza Looking East with East Town Center and Mountains in Background Image 2 - Aerial View of Ped Mall Looking West ATTACHMENT C — 2024 MALL IMAGES Image 3 - Aerial View of Ped Mall Looking West with Park and Stage in Background Image 4 - Lettuce Shed Lane Looking South ATTACHMENT C - 2024 MALL IMAGES -ml t F y� +a F i ` latc a, v � 'a;� � Via, - �, • ��� .. - - Image 5 - View from Mall Looking West towards the Park Image 6 - Aerial View of Mikaela Way Crossing and Rec Center with Park and Stage in Background ATTACHMENT C — 2024 MALL IMAGES Image 7 - Aerial View of Rec Center Parking Area and Mall Path Looking West Image 8 - Aerial View of Lake Street Crossing with Park and Stage in Background ATTACHMENT C — 2024 MALL IMAGES Image 9 - Lake Street On -street Parking with Site for Future Park Improvements in Background Image 10 - Aerial View of Entire Mall Looking East - 4' t: Y Y• Rom kt 4 kkL '� � � e it • � Fr":� ua i ' ,�� ' � 5�rta iablimi, I lil G qy - l ice: LLffiLaw tfill �i.xlia/r: Litt a,ON= '': M"3il 4 i PW a l�� pit 19 1! 1� 121. L -_ � M jv 0 b 11111ilILI1"!4 W44 41 J* Lc _. 11 E:dv.�-7 T.T. AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY, MARCH 10, 2025 PUBLIC MEETING BEGINS AT 5:30 PM 6N/0 El C 0 L 0 R A D O PLANNING AND ZONING COMMISSION TRAINING: 5:00 PM 1. PLANNING COMMISSION TRAINING WITH THE TOWN ATTORNEY, NINA P. WILLIAMS PUBLIC MEETING: 5:30 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:35PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS CARLY HANSEN, BRAD CHRISTIANSON, ANTHONY SEKINGER, OLIVIA COOK, NICOLE MURAD, NANCY TASHMAN AND BRIAN SIPES WERE PRESENT. ALSO PRESENT WERE TOWN ATTORNEY NINA WILLIAMS, TOWN MANAGER, ERIC HEIL, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AICP, AND DEVELOPMENT COORDINATOR, EMILY BLOCK. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE AGENDA WITH THE MODIFICATION TO ACKNOWLEDGE THAT COMMISSIONER REVIEW OF CPA25001 IS PART OF A PUBLIC HEARING RATHER THAN A WORK SESSION. COMMISSIONER SIPES SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. 3. 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 HANSEN INFORMED THE REST OF THE COMMISSION THAT HER COLLEAGUE AT ZEHREN AND ASSOCIATES IS WORKING ON THE 3-MILE PLAN PROJECT, BUT SHE HAS HAD NO DIRECT INVOLVEMENT. COMMISSIONER SIPES ASKED IF COMMISSIONER HANSEN CAN AND WOULD REMAIN IMPARTIAL WHEN REVIEWING THE APPLICATION, AND COMMISSIONER HANSEN CONFIRMED THAT SHE WOULD REVIEW THE APPLICATION WITHOUT PREJUDICE. 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 PLANNING AND ZONING COMMISSION APPROVAL. THERE WERE NO PUBLIC COMMENTS. 5. WORK SESSION 5.1. MAIN STREET MALL CONCEPT PLAN REVIEW- PLANNER 11, MAX MORGAN, AICP COMMISSIONER SIPES MADE A MOTION THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS TO COUNCIL TO MOVE FORWARD WITH OPTION 2 WITH THE INCLUSION OF THE MIKAELA WAY ENHANCED CROSSING, AND THE POSSIBLE INCLUSION OF FOOD TRUCKS IN A LOCATION THAT THE PLANNER SEES FIT. A DISMOUNT ZONE IS NOT RECOMMENDED AT THIS TIME, BUT IT IS RECOMMENDED THAT ADDITIONAL PLANNING EFFORTS ARE UNDERTAKEN ON THE WEST SIDE OF AVON TO STUDY MULTIMODAL TRANSIT. COMMISSIONER TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. AFTER THE MOTION PASSED, COMMISSIONER SIPES MADE A MOTION TO AMEND HIS MOTION TO SUGGEST THAT THE PATH ALONG THE FRONT SIDE OF THE RECREATION CENTER GOING 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. NORTHBOUND BE INCLUDED IN THE PLAN OF OPTION 2. COMMISSIONERS RE -PASSED THE MOTION UNANIMOUSLY. 5.2. CPA25001 THREE-MILE PLAN -PLANNING MANAGER, JENA SKINNER. AICP COMMISSIONER SIPES MADE A MOTION TO APPROVE THE ADOPTION OF THE TOWN OF AVON 3-MILE PLAN AS AN EXTENSION OF THE COMPREHENSIVE PLAN, WITH THE ADDITION OF CDOT AS A RECOGNIZED ENTITY. COMMISSIONER MURAD SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0 6. CONSENT AGENDA 6.1. FEBRUARY 24, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER SIPES SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. 7. FUTURE MEETINGS 7.1. MARCH 24, 2025 - NM MAY HAVE CONFLICT 7.2. APRIL 7, 2025 8. STAFF UPDATES 9. ADJOURN THE MEETING WAS ADJOURNED AT 6:53 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 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. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 11, 2025 Avon RID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM C O L O R A D O 1. ROLL CALL Present - Committee Members: Committee Chair Nancy Tashman and Committee Vice Chair Lisa Post, Amy Phillips, Derek George, Pat Nolan, Courtnery Walters Rawson Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, Recreation Services Superintendent Jerrica Miller, General Government Fellow Arnell Wade, Aquatics Supervisor Zak Kornhauser, Facilities Manager Luis Tapia, Recreation Supervisor of Recreation Services Mike Atencio Town Council: Councilor Kevin Hyatt Absent - Committee Members: Sonia Martinez, Kathy Ryan Town Council: Ruth Stanley Committee Chair Nancy Tashman opened the meeting at 12:00 p.m. 2. APPROVAL OF THE AGENDA Committee chair Nancy Tashman made a request for a motion to approve the agenda, Amy Phillips moved to approved agenda. Lisa Post second the motion to approve the agenda. Committee Chair Nancy Tashman declared the agenda approved. 3. APPROVAL OF THE JANUARY 21ST MEETING MINUTES Committee Chair Nancy Tashman made a request for a motion to approve the minutes of the January 21 st, 2025, meeting. Amy Phillips moved to approve the meeting minutes, Lisa Post seconded the motion and Committee Chair Nancy Tashman declared the minutes approved. 4. PUBLIC COMMENTS No public comments were made in person or online via (zoom) 5. BUSINESS ITEMS 5.1 Recreation Department Update Recreation Director Michael Labagh provided an update on the ongoing operations at the recreation center. He highlighted the strong participation in the adult sports league, noting the elevated level of competitiveness among players. The InBody Scale Fitness Challenge continues to progress successfully, while group swim lessons remain fully booked and active. Daily visits to the center have increased, and revenue levels remain steady. The department welcomed Kami Viken as the new Programs Coordinator. She is undergoing comprehensive onboarding to ensure a smooth transition and preparation for the busy summer season. Summer programs are nearly ready for launch, including an exciting new "Kids Nerf Night Out" activity. An upcoming babysitter certification class is expected to draw significant participation with effective marketing efforts. Additionally, the spring all -staff training is scheduled for early May, coinciding with some facility closures during that time. Page 1 of 4 HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 11, 2025 Avon RID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM C O L O R A D O During the meeting, Pat Nolan inquired about the possibility of removing the hump in the lazy river. Michael explained that this is a potential future project to be explored further. Michael also discussed the recreation center survey, reminding the committee that it remains open until April 20, 2025. He encouraged members to spread the word and complete the survey if they had not already done so. In response to committee inquiries, Derek George proposed the idea of a "Kids vs. Parents Nerf Gun Battle." Michael agreed to consult Avon's Recreation Program Supervisor, Luke Herron, to explore the feasibility of adding this program to the spring or summer schedule. 5.2 Work Session: Recreation Center Refurbishment & Expansion Recreation Director Michael Labagh delivered a PowerPoint presentation outlining the vision for the refurbishment and expansion of the recreation center. General Background: The presentation highlighted key points, including the center's inaugural construction, financial history, facility usage statistics, levy ballot initiatives, completed and ongoing capital improvement projects, daily visits since 2019, and the development of a comprehensive maximum plan. Council member Amy Phillips inquired about operational closures for hot tub repairs. Michael clarified that the focus should be on reconstructing the pool deck rather than fixing the hot tub alone. Vice Chair Lisa Post asked whether the HVAC systems would be affected by the pool deck construction, to which Michael introduced Facilities Manager Luis Tapia to answer that question and then provide a detailed facility condition assessment. Facility Condition Assessment: Facilities Manager Luis Tapia presented an overview of the assessment, which covered: • Building Inventory and Condition: A summary of the facility's assets, immediate work items, and a financial planning outline. • Facility Condition Index (FCI): This metric evaluates the current state of all buildings, considering capital renewal, deferred maintenance, and replacement values. The recreation center scored poorly, with an FCI of approximately 0.15. • Inventory Assessment: Details of trades components, asset specifics, service life, and replacement costs. • Financial Planning: A 10-year plan with $2 million allocated for replacements and maintenance in years 1-5. Key takeaways included priority repairs, budget planning, risk management, staff training, and department procedures, with the goal of achieving an FCI score below 5%. Committee Chair Nancy Tashman asked whether the $9 million cost of full demolition included real estate. Luis clarified that it covered only building assets components. Amy Phillips inquired about the presentation of the full report to the council, which Luis confirmed would occur later in 2025. Minimum Refurbishments: Recreation Director Michael Labagh outlined essential refurbishment needs, including: - Roof repair Page 2 of 4 HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 11, 2025 Avon RID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM C O L O R A D O - Water slide improvements - Hot tub repair - Pool deck concrete and drainage - Pool HVAC, plumbing, mechanical, and electrical systems - Pool pumps and filtration systems Amy Phillips questioned the accuracy of cost estimations, which Michael affirmed with confidence that these estimates are accurate, while Luis noted a range of repair estimates rather than receiving certified figures. Vice Chair Lisa Post asked about part sourcing from Mexico and Canada, to which Recreation Director Michael Labagh gave a tentative "maybe." Aquatics Upgrades Options: Recreation Director Michael Labagh also proposed optional aquatics upgrades, with an estimated cost of $2.5-$3 million, which include: - Pool retrofits - Adding a sixth lap lane with gutters - Leisure pool additions - Redesigning the waterslide path - Hot tub reconstruction Aquatics Superintendent Kacy Carmichael emphasized the benefits of adding gutters to the pools while reviewing the proposed aquatic upgrades. Recreation Center Expansion - Aquatics: - Enclosing the existing patio ($500k) - Creating a new patio area with garage doors ($260k) - New hot tub ($2.3 million) - Eight -lane multi -use competition pool ($20 million) Amy Phillips asked about exploring private funding for these projects. Councilor Kevin Hyatt expressed concerns about losing square footage in the recreation room, a popular space. Fitness Area Expansion: - Expanding the weight room, cardio, and functional areas - Repurposing multi -use spaces - No impact on parking - Estimated cost: $7.7 million Parking Structure: -170 above -ground parking spots - Multi -level structure across Mikaela Way - Estimated cost: $15-$20 million Page 3 of 4 HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 11, 2025 Avon RID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOI1" C O L O R A D O Committee Chair Nancy Tashman supported the parking expansion, while Amy Phillips asked about the current parking capacity, which Recreation Director Michael Labagh estimated as having over two hundred spots in the area. Financial Considerations: Slides addressed operational impacts, phased approaches, financing options, and potential grant opportunities. Next Steps: Recreation Director Michael Labagh outlined the project timeline: - Avon Town Council Work Session: March 11, 2025 - Health and Rec Committee Work Sessions: March 11, 2025 and May 20, 2025 - Finance Committee Work Session: May 5, 2025 - Avon Town Council Work Session: June 10, 2025 - Proposed Budget and CIP Plan: Fall 2025 Recreation Director Michael Labagh envisioned this as a 3-to-5-year plan, prioritizing one development area per year. Committee Chair Nancy Tashman asked about future maximum capacity levels and finances. Recreation Director Michael Labagh explained potential adjustments, including expanded operational hours, limited population acceptance, and updated admission policies by fall 2025 will be needed to combat these inevitable issues during construction. Amy Phillips suggested an off-peak pass for flexible schedules. Derek George asked about budgeted mandatory upgrades, Recreation Director Michael Labagh noted that those items will need to be added back to the 5-year CIP plan due to a withdrawal from the 2025 CIP Budget. Final Remarks: The committee unanimously agreed on the urgency of mandatory updates and refurbishments. Amy Phillips emphasized leveraging financial tools such as RETTs, levies, bonds, cash reserves, and other mechanisms for funding, with decisions left to the Council. Michael requested additional feedback and support, which the committee enthusiastically provided. 6. Other Business and Committee Member Comments N/A 7. ADJOURNMENT Committee Chair Nancy Tashman asked if there was a motion to adjourn the meeting. Vice Committee Chair Lisa Post moved to adjourn the meeting. Committee member Pat Nolan second the motion. The meeting adjourned at 33pm on March 11, 2025 Respectfully submitted by, Arnell Wade General Government Fellow Page 4 of 4 TO: Honorable Mayor Tamra N. Underwood and Council Members Avon FROM: Dean Stockdale, Senior Accountant RE: Financial Report — January 2025 & February 2025 data C 0 L 0 R A o 0 DATE: March 14th, 2025 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for January 2025 and the recreation fees, real estate transfer tax, and use tax revenues for February 2025. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for January revenues in 2025 and February 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 ANALYSIS: Sales Tax: Revenues — January 2025: January sales tax revenues totaled $1,221,134. This is a decrease of $56,537 or4.43% compared to January 2024 sales tax revenue of $1,277,672. JANUARY 2024 v JANUARYCOMPARISON January 2024 January 2025 Increase/Decrease Home/Garden $67,420.99 $81,612.87 $14,191.88 Grocery/Specialty/Health $278,123.96 $222,543.70 ($55,580.26) Sporting Goods Retail/Rental $164,508.71 $168,549.29 $4,040.58 Miscellaneous Retail $29,846.36 $25,656.32 ($4,190.04) Accommodations $292,306.49 $317,825.88 $25,519.39 Restaurants/Bars $246,569.43 $207,673.21 ($38,896.22) Other $9,760.85 $11,069.14 $1,308.29 Service Related $26,008.01 $21,542.67 ($4,465.34) Liquor Stores $29,532.69 $33,390.02 $3,857.33 E-Commerce Retail $78,335.87 $82,781.39 $4,445.52 Manufacturing/Wholesale $12,437.07 $10,771.66 ($1,665.41) Construction Related Services $34,521.62 $30,137.38 ($4,384.24) Digital Media Suppliers/Sellers $7,291.77 $6,699.65 ($592.12) Commercial/Industrial Equipment $1,008.22 $881.20 ($127.02) Special Events $0.00 $0.00 $0.00 TOTAL $1,277,672.04 $1,221,134.38 ($56,537.66) 970-748-4044 dstockdale@avon.org Sales Tax: January 2025 Budget v Actual Collections: January 2025 sales tax revenues totaled $1,221,134. This is a decrease of$26,743 over the January 2025 estimate of $1,247,877. This is 2.14% below the adopted 2025 budget (based on a 3-year average). MMVJANUARY 2025 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2025 Budget 2025 Actual Dollar Variance Percentage Variance January $1,247,877.81 $1,221,134.38 ($26,743.43) (2.14%) 841,459.85 920,624.77 1,1 -4.43% Page 2 of 11 Accommodation Tax: Revenues — January 2025: Accommodation tax revenues totaled $331,808 for the month of January. This is an increase of $48,549 or 17.14% compared to January 2024 accommodation tax revenues, which totaled $283,259. Accommodation tax collections by industry type for January 2025 compared to January 2024 reported an increase for Timeshares, Hotels and Vacation Rentals. tJANUARY 2024 v JANUARY 2025 ACCOMMODATION TAX COMPARISON BY INDUSTRY January 2024 January ncrease ecrease) Timeshares $45,811.48 $45,851.72 $40.24 Hotels $101,297.98 $127,693.32 $26,395.34 Vacation Rentals $136,150.28 $158,263.89 $22,113.61 TOTAL $283,259.74 I $331,808.93 I $48,549.19 January 2025 Budqet v Actual Collections: January 2025 accommodation tax revenues totaled $331,808. This is a decrease of $2,403 over the January 2024 estimates of $334,212. This is 0.72% below the adopted 2025 budget (based on a 3-year average). -12.11 % 1-24.09% 188,669 J14321 2227 28326 Page 3 of 11 Short Term Rental Tax for CH: Revenues — January 2025: STIR Tax for Community Housing totaled $154,357 for the month of January. This is an increase of $15,993 or 11.56% compared to January 2024. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. rJANUARY 2024 v JANUARY 2025 STR January 2024 TAX FOR CH COMPARISON January 2025 BY INDUSTRY Increase (Decrease) Timeshares $22,905.74 7 $22,925.86 $20.12 Hotels $50,648.99 $54,496.42 $3,847.43 Vacation Rentals $64,808.67 $76,935.06 $12,126.39 TOTAL $138,363.40 $154,357.34 $15,993.94 Tobacco & Cigarette Tax: Revenues — January 2025: Tobacco tax revenues totaled $29,026 and cigarette tax revenues totaled $17,430 for January 2025. Compared to January 2024 revenues, this is a decrease of $6,436 for tobacco tax revenues, which totaled $35,463 and a decrease of $2,757 for cigarette tax revenues, which totaled $20,187. -18.15% 1292 31 28 3109 3546 2902 Page 4 of 11 -12.88% U1725 2070 [18,031 January 2025 Adopted Budget v Actual Collections: January 2025 tobacco and cigarette tax revenues totaled $29,026 and $17,430, respectively. This is a decrease of $5,580 over the January 2025 budget for tobacco tax, which is $34,606 and a decrease of $1,845 over the January 2025 budget for cigarette tax estimates, which is $19,275 which is based on a 3-year average. Use Tax: Revenues — February 2025: February 2025 use tax totaled $23,500. Compared to February 2025 estimates, which totaled $41,666, this is a decrease of $18,166. RW 2025 Budget 2025 Actual Dollar Varianc Percentage Variance Use Tax 1 $41,666.67 $23,500.00 ($18,166.67) (43.60%) Page 5 of 11 Real Estate Transfer Tax: Revenues — February 2025: February 2025 real estate transfer tax totaled $265,308. Compared to February 2024, which totaled $1,245,668, this is a decrease of $980,360. This is a decrease of $409,379 over the February 2025 budget which was based on a 3-year average. L61 i I.Iff-AIMMY140 M lip 2025 Budget 2025 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $674,687.66 $265,308.00 ($409,379.66) (60.68%) L362J42 138 44.01% J$49687 -78.70% 265 30 Page 6 of 11 Recreation Center Fees: Revenues — February 2025 Admissions & Program Fees: Recreation admission revenues for February 2025 totaled $13,865 is an increase of $2,484 compared to February 2024 which totaled $111,380. This is $21,969 above the adopted 2025 budget estimates of $91,895. Recreation program fee revenues for February 2025 totaled $28,826. This is a decrease of $156 compared to 2024, which totaled $28,983. This is $3,473 above the adopted 2025 budget estimates of $25,353, which is calculated based on a 3-year average. 1 2J929 U75174 -11.35% $18 77 16 643 96 975 I -0.54% 28 983 28 827 Page 7 of 11 Tax Revenue Comparison — 2024 v 2025: Sales tax and Tobacco/Cigarette tax are down for 2025 compared to 2024. Accommodations, STR tax for CH and Rec Center 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. t"X2024 v 2025 YTD Revenue Comparison 2024 2025 Dollar Variance Percentage Variance Sales Tax $1,277,672.04 $1,221,134.38 ($56,537.66) (4.43%) Acc. Tax $283,259.74 $331,808.93 $48,549.19 17.14% STR Tax for CH $138,363.40 $154,357.34 $15,993.94 11.56% Tobacco Tax $35,463.06 $29,026.34 ($6,436.72) (18.15%) Cigarette Tax $20,187.00 $17,430.00 ($2,757.00) (13.66%) Use Tax $0.00 $23,500.00 $23,500.00 N/A Rec Admissions $232,148.90 $234,022.25 $1,873.35 0.81% Rec Program Fees $54,831.04 $63,628.50 $8,797.46 16.04% TOTAL $2,041,925.18 $2,074,907.74 $32,982.56 1.62% Adopted Budget 2025 v Actual 2025: All taxes except 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 a favorable variance to the 2025 budget. Below is a table which reflects the dollar change and percentage variance. Comparison2025 Revenue Budget L BudgetActua Dollar Variance Percentage Variance Sales Tax $1,247,877.81 $1,221,134.38 ($26,743.43) (2.14%) Acc. Tax $334,212.39 $331,808.93 ($2,403.46) (0.72%) STR Tax for CH $141,378.45 $154,357.34 $12,978.89 9.18% Tobacco Tax $34,606.91 $29,026.34 ($5,580.57) (16.13%) Cigarette Tax $19,275.41 $17,430.00 ($1,845.41) (9.57%) Use Tax $41,666.67 $23,500.00 ($18,166.67) (43.60%) Rec Admissions $189,355.64 $234,022.25 $44,666.61 23.59% Rec Program Fees $55,067.30 $63,628.50 $8,561.20 15.55% TOTAL $2,021,73.91 $2,051,407.74 $11,467.16 0.56% Page 8 of 11 Real Estate Transfer Tax: Revenues 2025 New and Renewed Business and STR Licenses — 2024 v 2025: The total number of 2025 business licenses issued through February was 171. This was down 13 licenses or 7.1 % for the year to date. The total number of STR licenses issued through February was 63. Compared to 2024 the STR licenses were up 14 licenses or 28.6% for the year to date. 2025 v 2024 — Business and STR Licenses 2025 — Year to .& 2024 Date icense Variance Percentage Variance Business License - Vendor 130 136 (6) (4.4%) Business License — Fixed Location 32 36 (4) (11.1%) Business License — Home Occupation 9 12 (3) (25.0%) Business License — Special Event 0 0 0 0.0% TOTAL BUSINESS LICENSES 171 184 (13) (7.1%) STR License 63 49 14 28.6% Page 9 of 11 Emu MM6.0 Page 10 of 11 EXPENDITURES: FEBRUARY 2025 General Fund YTD Actuals v 2025 Budget: General Fund expenditures through February 2025 total $4,522,981 which is 17.20% 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 February 2025 total $418,481 which is 14.98% 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 February 2025 total $299,874 which is 13.30% of the total adopted budget. These expenditures include wages, health benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Thank you, Dean Page 11 of 11 TO: Honorable Mayor Underwood and Council members FROM: Charlotte Lin, Sustainability Manager �� RE: Internal Events Purchasing Policy DATE: March 17, 2025 c 0 L 0 H A [J 0 SUMMARY: The Town of Avon has released the 2025 TOA Internal Events Purchasing Policy in February 2025. This document is designed based on the Zero Waste Vendor policy from the Town's Special Events and aims to align internal zero waste practices with the remarkable success achieved at external events. This "housekeeping" measure ensures that Avon continues to lead in sustainability. No Council direction is needed. BACKGROUND & ANALYSIS: The Town of Avon is committed to a culture of environmentalism by prioritizing waste reduction. Goals, in partnership with Eagle County, include diverting 30% of waste and 80% of organics from the landfill by 2030. The Town's Recycling Ordinance, effective November 1, 2023, makes recycling mandatory for residents, businesses, and visitors. All vendors at Town events are required to support these goals by following the Town's Sustainability Vendor Requirements & Guidelines. Based on the vendor requirements, the Town has determined Staff responsibilities including the following: • Eliminate single -use plastics by using reusable items or compostable alternatives. • Plan waste disposal effectively by providing distinct waste bins for compost, recycle, and trash, and ensuring proper disposal of food and compostable items. • Purchase items made of paper, bamboo, or sugarcane that are labeled BPI Certified Compostable. • Single -use plastic products, StyrofoamTM products, non-compostable plastic utensils, plastic straws, plastic -coated paper products, and other non -compliant items are prohibited. The policy provides a detailed list of prohibited items to ensure compliance. • Acceptable items include un-coated paper containers, BPI Certified compostable products, paper napkins, aluminum cans, and corrugated cardboard. • Discouraged items include single -use condiment pouches and plastic clamshells. • Inform donors about Avon's commitment to zero -waste and request that donations align with these policies. The main item to avoid is single -use plastic bottles. The Avon Internal Events Purchasing Policy is a crucial step in ensuring that internal zero waste practices are on par with external event successes. By aligning policies with the Zero Waste Vendor policy, Avon reinforces our commitment and leadership in sustainability. Thank you, Charlotte ATTACHMENT A: Avon Internal Events Purchasing Policy 970-748-4083 clin@avon.org ATTACHMENT Avon values sustainability and is committed to leading by example. As role models for our community, we are implementing an internal zero -waste policy to guide planning celebrations and events. These guidelines help reduce waste, conserve resources, and support Avon's Recycling Ordinance and community waste diversion goal of 30% waste diversion by 2030. Please contact Sustainability Manager Charlotte Lin at clin(oavon.org with any questions. STAFF RESPONSIBILITIES Please review the following expectations of staff for all internal events, including both staff -only and community -facing events. 1. Eliminate Single -Use Plastics • Refrain from using single -use plastic products, including bottles, utensils, and straws. • Use reusable items (real plates, utensils and cups) wherever possible. If not feasible, CO MPOSTABLE choose compostable alternatives. IN INDUSTRIAL FACILITIES • Use items with a BPI Certified Compostable label. This certification indicates that the Check locally, as these do not exist in many product has been independently tested and has been verified to break down BPI a �omPoS . suitable RT # SAV PEE completely in a commercial compost facility after use. • The Compostables Labeling Act prohibits greenwashing terms such as: natural, biodegradable, degradable, decomposable, oxo-degradable, bioassimilable, ominidegrable. Products using these terms should not be purchased. 2. Plan Waste Disposal Effectively • Provide three distinct waste bins at your event with clear labels: compost, recycle & trash. • Ensure food & compostable items end up in compost bins to maximize waste diversion. • Print signs, labels and other collateral on the Town's 30% recycled paper; avoid lamination unless it's intended for multiple outdoor usage. 3. Sustainable Purchasing & Donations • Look for items that are made of paper, bamboo or sugarcane and are labeled BPI Certified Compowaulc. • Acceptable items include aluminum cans, paper napkins, and uncoated cardboard. • Refrain from buying non-compostable plastics, Styrofoam, and coated paper products. • Avoid items like balloons or ribbons as they are not recyclable. Opt for reusable alternatives if available. • Inform donors about Avon's commitment to zero -waste and request that any donations align with these policies to avoid single -use plastics or non -compliant items. Please reach out to Sustainability if you would like help planning your events! If you need additional zero -waste assistance from Walking Mountains, please contact Quinn Brewer, Zero Waste Lead, at quinnbRwalking mountains.org to set up a zero -waste event plan. If you are working with outside vendors or donors, please share the Avon Sustainability Vendor Guidelines with them so they can prepare accordingly. 2025 Town of Avon Page 1 Internal Events Requirements & Guidelines PRODUCT GUIDELINE It is required that serviceware be compostable (or recyclable if necessary) to decrease the amount of waste entering our local landfill. If you are in doubt about your product or would like purchasing recommendations please contact Charlotte Lin at clin .avon.orq. Acceptable Items All un-coated paper containers including plates, bowls, cups BPI Certified compostable products Paper napkins and paper towels Wax paper or parchment paper Aluminum cans/cups/trays Aluminum foil (must be clean, dry, free of food residue, and balled up) Corrugated cardboard/boxes Glass NMI Discouraged Items Single -use condiment pouches Single -use plastic bottles Plastic clamshells or food containers Snack -size chips or similar products COMPOSTRBLE BIODEGRADABLE min�susTainLvnciLrties PRODUCTS �. INSTITUTE Prohibited Items Plastic cups (#1 to #6) StyrofoamTM products Non-compostable plastic utensils (including products made from recycled content) Plastic straws Plastic -coated paper products and to -go containers Plastic wrap/wrappers Plastic lids Plastic bags and/or plastic film Aseptic cartons Non-compostable hot -drink cups Plastic condiment containers (even if they say recyclable, they are not!) Always look for these BPI labels to make sure your compostable products are BPI Certified Compostable. Food Containers such as plates, bowls, trays, & clamshells must be made of paper, bamboo, or sugarcane and must be BPI Certified Compostable to ensure they break down at our local facility. Note that non-compostable versions are often plastic -lined and are NOT recyclable or compostable. 11� Utensils MUST be labeled BPI Certified Compostable or made from wooden or other natural material. Our local recycling and compost facilities cannot accept utensils made from recycled material/content or simply labeled "biodegradable." Beverage Containers such as aluminum cans are accepted for recycling. BPI Certified Compostable "plastic" and coffee cups are accepted in the compost and preferred. The Town of Avon thanks you for your help! You play a key role in fostering a culture of environmentalism in our community. 2025 Town of Avon Page 2 Internal Events Requirements & Guidelines TO: Honorable Mayor Underwood and Council members FROM: Charlotte Lin, Sustainability Manager �� RE: Recycling Center Re -Opening DATE: March 17, 2025 c 0 L 0 H A D 0 SUMMARY: This report offers the final status of the Avon Recycling Center following its renovation that started in October 2024. No directions are needed by Council. BACKGROUND & OUTCOME: Recycling Center Upgrades The Avon Recycling Center at 375 Yoder Avenue has re -opened on Friday, March 14 following extensive improvements that began in October 2024. These upgrades, in partnership with Eagle County, include: • Installation of a new cardboard compactor • Larger recycling containers • Catwalks for improved access • New signage with clear directions for recycling (ATTACHMENT A) *Note: the signs shown in the attachment do not include standardized signs from the County. The first round of the sign installation includes the absolutely necessary recycling signs based on County's standards, and Avon's own signs on plastic bag contamination and anti -idling. Additionally, staff is continuing to work on larger signs that can enhance education and waste diversion habits. • Construction of reinforced concrete pads and electrical power for the polystyrene densifier and cardboard compactor • Replacement of the existing asphalt pavement These enhancements will transform the Avon Recycling Center into a clean, easy -to -use, and fully modernized facility that strengthens our commitment to Avon's Recycling Ordinance. We remind users to review the signage in place to ensure proper recycling protocols are followed. Polystyrene Recycling Program Avon's new polystyrene recycling program also launched on Friday, March 14, along with the Recycling Center, making Avon the first municipality in Colorado to offer this service. This initiative is made possible by a polystyrene densifier funded through a Colorado Recycling Resources Economic Opportunity grant from the Colorado Department of Public Health and Environment. The program is expected to significantly divert the volume of hard -to -recycle polystyrene waste from the Eagle County Landfill. The program accepts clean packaging foam from: • Televisions • Appliances • Computers (electronics) • Furniture • Foam coolers • Only clean and dry foam is accepted —no dirt, labels, or tape. Items not accepted include: • Packing peanuts • Egg cartons 970-748-4083 clin@avon.org • Foam food trays and other containers (already banned in Colorado) • Colored foam (important —white only!) • Insulation foam panels • Flexible or film foam Staff have developed education materials (ATTACHMENT B) around the Styrofoam program and will deploy that via the Town's communication channels. The Spanish version is being prepared. This is the first municipal polystyrene recycling program in Colorado, not only benefiting the mountain communities but also distinguishing it from existing private, non -free programs in the front range. In addition, recycling foam is an excellent example of a circular economy, with the recycled foam being turned into picture frames and building insulation materials. Finally, a formal ribbon -cutting ceremony is planned for May 21, ahead of the Town Clean Up and Sustainability Fair. An invitation will be sent out soon to Avon Council members as well as County Commissioners. Thank you, Charlotte ATTACHMENT A: New Avon Recycling Center Signs ATTACHMENT B: Styrofoam Recycling Education Materials Page 2 of 2 ATTACHMENT A Glass bottles & jars Aluminum cans Steel cans Tin cans Plastics (number 1-7) Remove lids rinse & empty Plastic bags Styrofoam Packaging material Ceramics Light bulbs Plate glass Window glass Mirrors Cast'iron ABS & PVC pipe A*!I=w Avon SUSTAINABLE TOGETHER Botes de vidrio Botes de aluminio Botes de Piero Latas Plastico (numeros 1-7) ReArnueva las tapadera enjuage y vacielo Bolsas de pla'stico U ni c e I Materiales de empaque Ceramica Focos Platos de v*ldr'i*o V*Idr*lo de ventanas Espej'oos Fierro vaciado Tuber'ia ABS y PVC EAGLE COUNTY (i 0 Newspaper ncluding inserts Office paper Magazines Junk mail Envelopes Cereal boxes Paperboard oft cover book! Plastic bags Fluorescent paper Tyvek envelopes Spiral bindings Hardcover books Paper towels Paper clips ovo n SUSTAINABLE TOGETHER 0 Periodico ncluyeno inserciones Papel de oficina Revistas Correo'inservible Sobres Caj*as de cereal Medera comprimida Libros de cubierta suave Bolsas de pla"stico Papel brillante Sobres tyvek Capretas con resorte Lobros de cubierta Jura Toallas de Pape, Presillas de Pape, EAGLE COUNTY A46=w AV 0 n "MISUSTAINABLE TOGETHER■ AM 0 No Bags � ar o E'mb°�S s NRe��c�ab\e ` Loose! 7 • Don't bag your recycling. Discard plastic bags in the trash can at the end of the catwalk. No usar bolsas de plast*ico en los contenedores de reciclaje. Deseche las bolsas de plasti en el bote de basura al final de la pasarela. co vacias A46=w J&,Vk 0 n SUSTAINABLE TOGETHER■ nes Off Please e Recyc ing for keeping c or skies blue d our air c11ean Cz Por Favor Apaguen los Motores Mientras Reciclan Gr ci s or m ntener nuestros cielos 0 1 zuIes y nuestro afire lim io. RECYCLING CENTER WELCOME Thank you for recycling Only recyclable materials accepted Please recycle with care and respect Leaving trash, furniture and other items is prohibited k vblll� Al I:::) rm �SUSTAINABLE TOGETHERW EAGLE COUNTY ATTACHMENT B F ZI Ad" OAMCYCLE Avon 'WRECYCLE TOGETHERI AVO N POLYSTYRENE RECYCLING PROGRAM (*AKA STYROFOAM) ov 0*/ CLEAN PACKAGING FOAM FROM: • TELEVISIONS • APPLIANCES • COMPUTERS • ELECTRONICS • FURNITURE • CAR PARTS • FOAM COOLERS v� PS C ONLY clean and dry foam - no dirt, labels, tape or stickers! -w'11WHEN IN DOUBT, THROW IT OUTH AVON.ORG/RECYCLING RML n�. ,ovo n CLE TOGETHERI AVON POLYSTYRENE RECYCLING PROGRAM (*AKA STYROFOAM) IVY ►1 ' :: No PACKING PEANUTS EGG CARTONS FOAM MEAT TRAYS 1187_1_1_I_M818140I81 ki k fill I ki 121 COLOR FOAM INSULATION FOAM CONSTRUCTION FOAM FLEXIBLE FOAM FILM FOAM NO food service foam, peanuts, meat trays, or egg cartons. !!WHEN IN DOUBT, THROW IT OUTH AVOMORG/RECYCLING