TC Packet 01-28-2025AVON TOWN COUNCIL MEETING AGENDA �
TUESDAY, January 28, 2025
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in -person at Avon Town Hall or virtually through Zoo
Zoom registration is on the header at Avon.org
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT — COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker maybe given
one (1) additional minute subject to Council approval.
5. CONSENT AGENDA
5.1. Approval of January 14, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. Letter of Support for Climate Action Collaborative's Grant Application to Advance Energy Codes
and Collaboration Across the Eagle River Valley (Sustainability Manager Charlotte Lin)
5.3. Resolution 25-02 Authorizing the Adoption of the 2025 Eagle County, Co Hazard Mitigation Plan
(Planning Manager Jena Skinner)
5.4. Resolution 25-03 Designating the Eagle River Fire Protection District as the Designated
Emergency Response Authority for Hazardous Substance Incidents Occurring within the
Corporate Limits of the Town of Avon (Chief of Police Greg Daly)
5.5. Resolution 25-04 Approving Expenditures from the Community Enhancement Fund (Chief
Administrative Officer Ineke de Jong)
6. BUSINESS ITEMS
6.1. Presentation: Eagle Valley Land Trust Updates (Eagle Valley Land Trust Community
Engagement Manager Keri Inouye)
6.2. Planning & Zoning Commission Interviews & Appointments (Planning Manager Jena Skinner)
6.3. Action Item: Price Capped Deed Restriction Replacement (Housing Planner Patti Liermann)
6.4. PUBLIC HEARING: First reading of Ordinance 25-04 Adoption of Sun Road Redevelopment
Plan (Planning Manager Jena Skinner and Town Manager Eric Heil)
6.5. First Reading of Ordinance 25-01 to adopt by reference the 2024 Model Traffic Code (Chief
of Police Greg Daly)
6.6. First Reading of Ordinance 25-02 Amending Avon Municipal Code Section 9.20.060 Regarding
Camping on Town Property (Town Attorney Nina Williams)
6.7. First Reading of Ordinance 25-03 Guns in Sensitive Government Spaces and Concealed
Firearms (Town Attorney Nina Wiliams)
6.8. First Reading of Ordinance 25-05 Amending Avon Municipal Code Section 2.02.010 —
Departments Enumerated (Town Manager Eric Heil)
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.
WRITTEN REPORTS
7.1. Upper Eagle Regional Water Authority December 5, 2024 Meeting Summary (Mayor Tamra
Underwood)
7.2. January 13th Planning & Zoning Commission Abstract (Planner II Max Morgan)
7.3. January 16th Draft CASE Committee Meeting Minutes (Special Events Coordinator Emily Dennis)
7.4. Monthly Financials (Senior Accountant Dean Stockdale)
7.5. Monthly Public Operations Report (Public Operations Manager Gary Padilla)
7.6. Three -Mile Plan Update (Community Development Director Matt Pielsticker)
7.7. Regional Housing Needs Assessment Update (Housing Planner Patti Liermann)
MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURN
Public Comments: Council agendas shall include a general item labeled "Public Comment" near the
beginning of all Council meetings. Members of the public who wish to provide comments to Council greater
than three minutes are encouraged to schedule time in advance on the agenda and to provide written
comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall
permit public comments for any action item or work session item and may permit public comment for any
other agenda item, and may limit such public comment to three minutes per individual, which limitation may
be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town
Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
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.
f:.
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, JANUARY 28, 2025 avon
MEETING BEGINS AT 5:00 PM COLORADO
Hybrid meeting; in -person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT —COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.]
5. PUBLIC HEARING (QUASI-JUDICIAL) FOR A SPECIAL EVENTS LIQUOR PERMIT
5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT: DRINKERING He TINKERING
DATE AND TIME: 7:00 P.M. — 8:30 P.M. ON FEBRUARY 20, APRIL 24, JULY 17, AND NOVEMBER 20, 2025
LOCATION: 318 WALKING MOUNTAINS LANE
TYPE: SPECIAL EVENT PERMIT
MANAGER: SCOTT DUNN
6. APPROVAL OF THE MINUTES FROM AUGUST 27, 2024 LIQUOR LICENSING AUTHORITY MEETING (AUTHORITY SECRETARY
MIGUEL JAUREGUI CASANUEVA)
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY AUTHORITY SECRETARY BRENDA TORRES)
8. ADJOURNMENT
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy LLA Secretary
RE: PUBLIC HEARING for Special Event Permit Application . Avon
Drinkering & Tinkering
DATE: January 8, 2025 C 0 L 0 n A o 0
SUMMARY: The Walking Mountains Science Center, as the Applicant, is applying for malt, vinous,
spirituous liquor permit to serve/sell beverages at the Drinkering & Tinkering special event on February 20,
April 24, July 17, and November 20, 2025.
The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and
all materials are in order. Documents are on file in the Town Clerk's office.
The 318 Walking Mountains Lane premise has been posted with notice of the public hearing for this
application. The event manager will be present to answer question about the application. The Applicant has
adequate proof of commercial liability insurance that meets Town requirements and has obtained any other
permit needed for this event. Background checks show no previous failure by the Applicant to comply with
Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar
year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular
types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages
in connection with public events. Avon has adopted the local option whereby applications are made directly
to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no
required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for
denial of a special event permit application as follows:
"The state or local authority may deny the issuance of a special event permit upon the grounds that the
issuance would be injurious to the public welfare because of the nature of the special event, its location
within the community, or the failure of the applicant in a past special event to conduct the event in
compliance with applicable laws."
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming
Drinkering & Tinkering special event. A public hearing is required before final action is taken.
Applicant Name: Walking Mountains Science Center
Event Name:
Drinkering & Tinkering
Event Date:
February 20, April 24, July 17, and November 20, 2025.
7:00 p.m. — 8:30 p.m.
Location:
318 Walking Mountains Lane
Event Manager:
Scott Dunn
Permit Type:
Special Events Permit -Malt, Vinous & Spirituous Liquor
970-748-4022 btorres@avon.org
PROPOSED MOTION: "I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the Drinkering & Tinkering special event on February 20, April 24, July 17,
and November 20, 2025 from 7:00 p.m. to 8:30 p.m."
Thank you, Brenda.
SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Application for a Special Event Permit (State form DR 8439)
✓ Attachment B: Alcohol Management Plan
✓ Attachment C: Diagram where liquor will be served
Page 2 of 2
Attachment A
DR 8439 (08112/24)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
PO BOX 17087
Denver CO 80217-0087
(303)205-2300
iquor Permit Number (Do Not Fill Out)
Application for a
Special Events Permit
use
In order to qualify for a Special Events Permit, You Must Be a Qualifying Organization Per 44-5-102
C.R.S. and One of the Following (See back for details.)
Social Q Athletic Q Philanthropic Institution
Q Fraternal Q Chartered Branch, Lodge or Chapter Q Political Candidate
Q Patriotic Q National Organization or Society Q Municipality Owned Arts Facilities
Q Political Q Religious Institution Q Chamber of Commerce
LIAB Type of Special Event Applicant is Applying for:
2110 ® Malt, Vinous And Spirituous Liquor $25.00 Per Day
2170 ❑ Fermented Malt Beverage $10.00 Per Day
lame of Applicant Organization or Political Candidate
iNalking Mountains
State Sales Tax Number (Required
F98-13554-3525
Sailing Address of Organization or Political Candidate
PO Box 9469
AV State ZIP Code
Avon
kddress of Place to Have Special
318 Walking Mountains Lane
CO 181620
City State ZIP Code
Avon CO 181620
Authorized Representative of Qualifying Organization or Political Candidate
Kathleen O'Toole -Gilles
Date of Birth MMIDDIYY Phone Number
970-393-3525
Authorized Representative's Mailina Address (if different than address Drovided in Question 2.)
;ity
State ZIP Code
F-1 I
Page 1 of 5
Event Mana
(Scott Dunn
Date of Birth (MMIDDIYY) Phone Number
Fi=----
EE9725 ext 128
Event Manaaer Home Address
City State ZIP Code
Eagle FCO 1181631
Email Address of Event Manaaer
scottd@walkingmountains.org
1. Is the place to have the Special Event located on State-owned property?
Q Yes Q No
2. Has Applicant Organization or Political Candidate been issued a Special Event Permit this
Calendar Year?
Q No 0 Yes, How many days?
3. Is the premises for which your event is to be held currently licensed under the Colorado Liquor or
Beer codes?
Q No Q Yes, License Number
4. Does the Applicant Have Possession or Written Permission for the Use of The Premises to
be Licensed?
Q Yes Q No
5. For Chambers of Commerce - Each member who holds a retail establishment permit attests they
are not exercising the privileges of the retail establishment permit for the duration of the SEP days.
0Yes 0No
b. For Chambers of Commerce - Please list all members participating In the SEE.
DR 8439 (08112124) Page 2 of 5
List Below the Exact Date(s) for Which Application is Being Made for Permit
Date
[02/20/25
From: To:
FTOOPM 18:30pm
Date
07/17/25
From: To:
7:00pm F8-30pm
Date
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Date
F04/24/25
om: To:
FT-00prn 18:30prn
Date
I1220125
From: To:
F7.00prn 18:30pm
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OR $439 (0&12/24) Page 3 of 5
Oath of Applicant
I declare under penalty of perjury in the second degree that I have read the foregoing application
and all attachments thereto, and that all information therein is true, correct, and complete to the
best of my knowledge.
Title
Commnity Proqrams Man
Date MMIDDN
F,17/25
Report and Approval of Local Licensing Authority (City or County)
The foregoing application has been examined and the premises, business conducted and character
of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the
provisions of Title 44, Article 5, C.R.S., as amended.
Therefore, this Application is Approved.
Local Licensinq Authoritv (City or Coun
re
lerk
Q City p County
Date MMIDDN
F - �'7
Do Not Write in this Space - For Department of Revenue Use Only
Liability Information
License Account Number iability Date
F I I I
State Total
F1 -750 (999) $1 1.00
DR 8439 (08112124) Page 4 of 5
Attachment B
WWWngmoumtains
EDUCATION I SCIENCE I SUSTAINABILITY
Drinkering & Tinkering Alcohol Management Plan
Walking Mountains is continuing to offer the community program series called
Drinkering & Tinkering. The series was started in 2022 and will be held for 4
sessions in 2025 on the dates of February 20', April 24th, July 17t'', and
November 20," from 7:00-8:30 PM. This workshop and happy hour for
community members will explore creative ways to reuse and upcycle household
items and teach attendees how to best handle their own personal waste
diversion here in Eagle County.
The program will be held on the Walking Mountains Avon campus inside the
Frechette Field Studies Base Camp Building (see designated building on map
below). The program will require advance registration and has a limited
capacity of 30 people maximum. Upon check -in, IDs will be checked and each
participant will receive two drink tickets to redeem at the bar. Thanks to
generous donations, the drink tickets will be free of charge to participants. No
outside alcohol will be permitted and consumption will only be allowed within
the footprint of the Frechette Field Studies Base Camp Building classrooms.
Each participant will be limited to two drinks total and snacks will be provided.
Alcohol will be served by TIPS trained Walking Mountains staff members.
PO Box 9469 1 318 Walking Mountains Lane 1 Avon, CO 81620 1 (970) 827-9725 1 walkingrnountains.org
Attachment C
Walking Mountains Avon Campus
Drinkering & Tinkering 2025 Event Series
February 20th, April 24Ih, July 17tn, November 20tn
Designated Event Area:
The Drinkering & Tinkering community event series will be held inside Building
B, Frechette Field Studies Base Camp Building, on Walking Mountains Avon
Campus (pictured and specified below). Drinks will be served and consumed
inside the building.
PO Box 9469 1318 Walking Mountains Lane 1 Avon, 0 81620 1 (970) 827-9725 1 walkingrnountains.org
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AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES Avon
TUESDAY, AUGUST 27, 2024
HYBRID MEETING; IN -PERSON AT AVON I OWN HALL OR VIRTUALLY THROUGH LOOM COLORADO
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in person and virtually, via Zoom.us. Chair Amy Phillips called the Avon
Liquor Licensing Authority Meeting to order at 5:00 p.m. A roll call was taken, and Board Members
present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Board Vice Chair
Tamra Underwood, and Chair Amy Phillips. Board Member RJ Andrade was absent from the meeting.
Also present in person were Town Manager Eric Heil, Town Attorney Nina Williams, Chief
Administrative Officer Ineke de Jong, Liquor Authority Secretary Miguel Jauregui Casanueva, Liquor
Authority Deputy Secretary Brenda Torres, and Chief of Police Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:50
Chair Phillips initiated the meeting with the agenda approval process. No changes were made to the
agenda. Board Vice Chair Underwood moved to approve the Liquor Licensing Authority Agenda as
presented. Board member Stanley seconded the motion. The motion carried unanimously with a 6-
0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:15
Chair Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT —COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:22
Chair Phillips explained that public comments can be made by participating in the meeting in person,
via zoom's video/audio, via telephone, or via email. She clarified that the public comment section is
intended for items not listed in the agenda, and participation by members of the public is limited to
3 minutes. She asked if there was any public comment from those present in the room or virtually,
and no public comments were made.
S. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT
Video Start Time: 00:01:50
5.1. Applicant Name: Procured Produced Provisions, LLC
D/B/A R Farmer's Market; R Farmer's Kitchen
Location: 51 Beaver Creek Place Units 3 & 4
Type: New Hotel & Restaurant
Manager: Riley Romanin
Liquor Authority Deputy Secretary Brenda Torres introduced the Applicant, Riley Romanin, who was
present in person to talk about this application and to respond to any Council questions. Ns. Torres
advised that the application was complete and ready for consideration by the Liquor Authority.
Mayor Phillips opened the floor of the public hearing, and no public comment was received in person
nor virtually.
Page i
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES Avon
TUESDAY, AUGUST 27, 2024
HYBRID MEETING; IN -PERSON AT AVON I OWN HALL OR VIRTUALLY THROUGH LOOM COLORADO
Board Member Thuon motioned to approve the application. Board Member Hardy seconded the
motion. The motion carried unanimously with a 6-0 vote of those present.
6. APPROVAL OF THE MINUTES FROM THE JUNE 11, 2024 MEETING
Video Start Time: 00:09:20
Board Member Thuon motioned to approve the Minutes from Tuesday, June 11, 2024, as presented.
Board Vice Chair Tamra Underwood seconded the motion. The motion carried unanimously with a 6-
0 vote of those present.
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS DEPUTY TOWN CLERK BRENDA TORRES)
H. ADJOURNMENT
The Avon Liquor Licensing Authority Meeting adjourned at 5:10 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting.
They are not intended to be comprehensive or to include each statement, person speaking or to portray
with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which
is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedio.org.
APPROVED:
Amy Phillips
Tamra Underwood
Ruth Stanley
Rich Carroll
Lindsay Hardy
Chico Thuon
RESPECTFULLY SUBMITTED:
Miguel Jauregui Casanueva, Liquor Authority Secretary
Page 2
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Deputy LLA Secretary Avon
Date: January 8, 2025
Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS C u 1 o H A u U
SUMMARY: The Town's local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals require notice to be posted
for seven days, and Special Event Permits for ten days and require the Town Clerk to accept comments and/or
requests for a public hearing before the Avon Liquor Licensing Authority. In all cases, the Town Clerk has the
discretion to refer the application to the Avon Liquor Licensing Authority.
The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating
back to August 27, 2024, the Town has received 17 Renewal Applications that have met all the requirements
for administrative review and approval and were ultimately approved by the Deputy Town Clerk/Deputy LLA
Secretary. No comments, complaints, or request for hearings were received. They are as follows:
Renewals:
Applicant:
Mezzo, LLC d/b/a Fattoria
Location:
48 E Beaver Creek Blvd. units 105-106-107 and 108
Type:
Hotel and Restaurant (City)
Manager:
Stephen Shelman
Applicant: Look Ma Enterprises LLC d/b/a Loaded Joe's
Location: 82 E Beaver Creek Blvd Suite 104 & 109
Type: Hotel & Restaurant
Manager: Brandt Olsen
Applicant: Chair Four LLC d/b/a VIN 48
Location: 48 East Beaver Creek Boulevard
Type: Hotel and Restaurant (City)
Manager: Collin Baugh
Applicant:
R&E Enterprise LLC d/b/a Gondola Pizza
Location:
240 Chapel Place #113
Type:
Hotel & Restaurant (City)
Manager:
Claudiu Popa
(970) 748-4022 btorres@avon.org
Applicant:
Vail Valley Mexican Foods, LLC d/b/a Agave
Location:
1060 E Beaver Creek
Type:
Hotel & Restaurant (City)
Manager:
Richard Wheelock Jr
Applicant: Sabor Mazatlan Inc. d/b/a Sabor Mazatlan
Location: 150 East Beaver Creek Boulevard #A-101
Type: Hotel & Restaurant (City)
Manager: Alberto Contreras
Applicant: Krusen INC d/b/a Avon Liquors
Location: 100 W Beaver Creek Blvd
Type: Liquor Store (city)
Manager: Brian Kruse
Applicant: WVO Licensing LLC d/b/a Wyndham Resort at Avon
Location: 75 Benchmark Road
Type: Resort Complex (City)
Manager: Pete Reyes
Applicant: Dillon Companies, LLC d/b/a City Market #26
Location: 0072 Beaver Creek Place
Type: Fermented Malt
Manager: Hector Serna
Applicant:
Pazzo's West INC d/b/a Pazzo's Pizzeria
Location:
82 E Beaver Creek Blvd.
Type:
Hotel & Restaurant (City)
Manager:
Mark Andrew Colwell
Applicant: Northside Coffee & Kitchen LLC d/b/a Northside Coffee & Kitchen
Location: 20 Nottingham Road Units A & C
Type: Hotel and Restaurant (City)
Manager: James S. Pavelich
Applicant:
Sauce on the Creek, LLC d/b/a Sauce on the Creek
Location:
0101 Fawcett Road#100
Type:
Hotel & Restaurant (City)
Manager:
Deborah Applegate
Applicant: Vail Country Club LLC d/b/a Vail CC
Location: 240 Chapel Place Unit B126
Type: Tavern (City)
Manager: Kenny Thayer
(970) 748-4022 btorres@avon.org
Applicant: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines
Location: 0101 Fawcett Road #130
Type: Liquor Store (City)
Manager: Peter A. Cuccia
Applicant: Bob's Place LLC d/b/a Bob's Place
Location: 100 W Beaver Creek Blvd
Type: Hotel and Restaurant
Manager: Chris Doyle
Applicant: Eagle River Liquors, Inc. d/b/a Eagle River Liquors
Location: 1060 West Beaver Creek Boulevard, Units 101 & 102
Type: Liquor Store (City)
Manager: Clayton Williams
Applicant: Pyramid Avon Management LLC d/b/a Springhill Suites by Marriott and
Towneplace Suites by Marriott
Location: 1782 Swift Gulch Road
Type: Hotel and Restaurant (City) with Optional Premise
Manager: Drew Gunderson
Thanks,
Brenda
(970) 748-4022 btorres@avon.org
AVON REGULAR MEETING MINUTES A
TUESDAY JANUARY 14, 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 Underwood called the January 14, 2025, Council Regular Meeting to order at 5:00 p.m.
A roll call was taken, and Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley,
Lindsay Hardy, Kevin Hyatt, Mayor Pro Tern Richard Carroll, and Mayor Tamra Underwood. They
were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town
Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Chief Financial Officer Paul
Redmond, Public Works Director Eva Wilson, Recreation Director Michael Labagh, Community
Development Director Matt Pielsticker, Planning Manager Jena Skinner, Long Range Housing
Planner Patti Lierman, Development Coordinator Emily Block, and Avon Police Chief Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:57
Mayor Underwood initiated the meeting with the Agenda approval process. Councilor Thuon
motioned to approve the Agenda, as presented. Councilor Hardy 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: 00:01:40
Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and Councilor
Hyatt advised that Mr. Derek George, applicant for the Health and Rec Committee, is his employer
and Councilor Hyatt believes it best to voluntarily recuse himself and abstain from voting on
Business Item 6.1. related to appointments to the Health and Rec Committee to prevent any
appearance of a conflict of interest. At the request of Mayor Underwood, Town Attorney Nina
Williams advised that because this is a voluntary recusal and abstention from Councilor Hyatt, there
is no need for Council to vote on the conflict of interest. No other conflicts of interest were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:03:05
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. She asked if there was any public comment from those present in the room
or virtually and Ms. Amy Phillips, resident of Avon, took the podium in person to thank Long Term
Housing Planner Patti Lierman for her report regarding the Year-end 2024 Community Housing
Update, and offered additional remarks on the home ownership class she will be teaching at
Colorado Mountain College. She highlighted the importance of the housing lottery transparency.
No other public comment was made in person nor virtually.
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5. CONSENT AGENDA
Video Start Time: 00:06:45
Mayor Underwood introduced the approval of the Consent Agenda to include the following:
5.1 Approval of December 10, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Councilor Stanley 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.Interviews & Appointments to the Health & Recreation Committee (Recreation Director Michael
Labagh)
Video Start Time: 00:08:15
Avon REC Director Michael Labagh introduced the topic of interviewing and appointing two new
Board Members to two-year terms on the Health and Rec Committee. The two applicants
interviewed were Ms. Amy Phillips and Mr. Derek George, who introduced themselves to Council
with remarks on their interest in joining the Committee. Councilor Carroll asked a question from
Mr. George related to what he likes or would change about Nottingham Park.
After deliberations, Councilor Stanley motioned to appoint Ms. Amy Phillips and Mr. Derek George
to a "two-year" (26 month) term on the Town of Avon Health and Recreation Committee to expire
in March 2027. Councilor Hardy seconded the motion. The motion carried unanimously with a 6-0
vote, with one abstention from Councilor Hyatt.
6.2.Interviews & Appointments to the Finance Committee (Chief Financial Officer Paul Redmond)
Video Start Time: 00:16:45
Chief Financial Officer Paul Redmond introduced the topic of interviewing and reappointing 5
Finance Committee members to the Finance Committee. The applicants interviewed included
Messrs. Steve Coyer and Clark Rogers, and Ms. Lisa Post, who took the podium in person to
introduce themselves and answer questions from Council. They did not indicate a preference for 2-
or 4-year appointments. Absent from interviews were Messrs. Markian Feduschak and John
Widerman, who also did not indicate to CFO Redmond a preference for two- or four-year
appointment.
After deliberations, Councilor Thuon motioned to re -appoint Ms. Lisa Post and Messrs. Steve Coyer
and Clark Rogers to a four-year term on the Avon Finance Committee and to re -appoint Messrs.
Markian Feduschak and John Widerman to a two-year term on Avon Finance Committee. Councilor
Stanley seconded the motion. The motion carried unanimously with a 7-0 vote.
6.3.Interview & Appointment to the Planning & Zoning Commission (Planning Manager Jena Skinner)
Video Start Time: 00:32:30
Planning Manager Jena Skinner introduced the topic of interviewing and appointing a new member
to the Planning and Zoning Commission and introduced Ms. Carly Hanson who took the podium in
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person to introduce herself and answer questions from Council. Councilor Hardy motioned to
appoint Ms. Carly Hanson to immediately fill the vacancy of a seat with a term expiring in May of
2026 on the Town of Avon Planning and Zoning Commission. Councilor Hyatt seconded the motion.
The motion carried unanimously with a 7-0 vote.
6.4.Appointments to Boards and Commissions (Chief Administrative Officer Ineke de Jong) (30
minutes) 6:25
Video Start Time: 00:40:45
Deputy Town Manager Patty McKenny introduced the topic of appointments to Boards and
Commissions on behalf of Ms. Ineke De Jong's who was absent from the meeting.
The following appointments were made:
a) Climate Action Collaborative: Primary is Councilor Hardy. Secondary is Town Manager Eric Heil.
b) Colorado Association of Ski Towns: Primary is Mayor Underwood. Alternate is Mayor Pro Tern
Carroll.
c) Colorado Municipal Leage Policy Committee: Primary is Town Attorney Nina Williams.
d) CORE Transit / Eagle Valley Transportation Authority / Eagle County Regional Transportation
Authority: Primary is Mayor Pro Tern Carroll. Alternate is Councilor Hyatt. Eagle County Regional
Trails (ECO) Committee will not have an appointment completed until staff confirm the future
of this Committee.
e) Cultural, Arts & Special Events Committee: Councilor Stanley is ex-officio 1. Councilor Hardy is
ex-officio 2.
f) Downtown Development Authority: Primary is Councilor Thuon. There is no alternate.
g) Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations: Primary is Town Manager Eric
Heil. There is no alternate.
h) EGE Air Alliance: Primary is Mayor Pro Tern Underwood. Alternate is Councilor Hyatt.
i) Finance Committee: Councilor Hardy is ex-officio 1. Councilor Hyatt is ex-officio 2.
j) Health and Rec Committee: Councilor Hyatt is ex-officio 1. Councilor Stanley is ex-officio 2.
k) Northwest Colorado Council of Governments (NWCOG): Primary is Councilor Brooks. Alternate
is Planning Manager Jena Skinner.
1) Public Access TV - High Five Access Media: Primary is Councilor Stanley. Alternate is Councilor
Hyatt.
m) Railroad Steering Committee: Primary is Town Manager Eric Heil. Alternate is Councilor Brooks.
n) Upper Eagle Regional Water Authority (UERWA): Mayor Underwood is primary. Councilor
Brooks is first alternate, and Town Manager Eric Heil is second alternate.
o) Vail Valley Art Guild (VVAG): Chief Cultural Officer Danita Dempsey is assigned a seat. Councilor
Stanley is ex-officio.
p) VVP - Economic Development Leadership Council: Councilor Thuon is primary. There is no
alternate.
Mayor Underwood encouraged her fellow Councilors to meet with their alternates at each Board
and Commission to get brought up to speed on the business of their appointment. Mayor
3
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Underwood opened the floor to public comment, and no public comment was made virtually nor
in person. After deliberations, Councilor Hardy motioned to approve the appointments as indicated
in paragraphs a)-p) above. Councilor Stanley seconded the motion. The motion carried unanimously
with a 7-0 vote.
6.5.PUBLIC HEARING: Second Reading of Ordinance 24-16 Amending Chapter 27 of Title 15 the Avon
Municipal Code to Update the Exterior Energy Offset Program (Building Official Derek Place and
Development Coordinator Emily Block) (15 Minutes)
Video Start Time: 01:21:40
Building Official Derek Place and Development Coordinator Emily Block delivered a presentation
related to the Second Reading of Ordinance 24-16. Mayor Underwood opened the floor of the
Public Hearing to public comment, and Ms. Kim Schlaepfer, resident of Eagle Vail, took the podium
in person to voice her support for the adoption of this Ordinance as amended. No other public
comment was made in person nor virtually. Mayor Pro Tern Carroll asked if this only applies to new
buildings and Town Manager Eric Heil clarified this ordinance applies to any new exterior energy
use, regardless of date of the construction of the existing structures.
Town Manager Eric Heil requested the following amendments to the Second Reading of Ordinance
24-16:
a) Section 15.27.020 be amended to add a sentence at the end stating: "Heat tape for gutters and
eaves are not included in this Chapter 15.27."
b) 15.27.050 (f) first sentence: strike after 'exterior energy use' and strike the remainder of that
sentence.
c) 15.27.050(f)(6) add the new subparagraph that would read: 'Other technologies: Credits for the
use of other technologies which use renewable energy sources or otherwise reduce greenhouse
gas emissions shall be determined on a case -by -case basis.
After deliberations, Councilor Thuon motioned to approve the second reading of Ordinance 24-16,
as amended. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0
vote. After voting, Councilor Hardy stated that it is a silly luxury to heat the outdoors with non-
renewable energy sources.
7. WRITTEN REPORTS
7.1. December 9t" Planning & Zoning Commission Abstract (Planner II Max Morgan)
7.2. Use Tax Update (Chief Financial Officer Paul Redmond)
7.3.Year-end 2024 Community Housing Update (Housing Planner Patti Liermann)
7.4.Year-end 2024 Sustainability Update (Sustainability Manager Charotte Lin)
7.5.Year-end 2024 Capital Improvement Plan Update (Public Works Director Eva Wilson)
** Indicates topic will be discussed at future agenda's
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8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 01:47:00
Councilor Hardy spoke of the tragedy of the wildfires in the City of Los Angeles and adjacent areas.
She highlighted to the public the seriousness of wildfire preparedness in Avon and Eagle County
and asked to have more discussions around it in winter as well as summer.
Mayor Pro Tern Carroll spoke about the most recent CORE Transit Board Meeting, which included
discussion of their 10-year strategic plan. He also spoke of the analysis of bus stops, including the
one at Avon Crossing, and added he will put together some information in a written report for his
fellow Councilors and the public.
Councilor Stanley reminded the public to attend the Fireworks in Avon event to take place on
Saturday, January 18, 2025, at 5:30 p.m. at Nottingham Park.
Mayor Underwood spoke of the pleasure she and Town Manager Heil had in meeting with
Congressman Joe Neguse last Saturday, where they discussed wildfire preparedness, 1-70 public
safety issues, and drug trafficking in Eagle County, among other issues. Town Manager Heil spoke
of a potential reduction in federal funding that was mentioned during their meeting. Mayor
Underwood added that Congressman Neguse and his Local Legislative Assistant in Frisco, Ms. Julie
Salas mentioned they are watching closely the first 100 days to identify what will get captured in
the IRA Inflation Reduction act, which may impact efforts of ongoing electrification of public transit.
She also thanked the Public Operations Team for the holiday decorations they deployed, as well as
the excellent snow removal operations seen this winter throughout pedestrian paths and
sidewalks. She also thanked the IT Team for their work on the implementation of the new A/V
System for Council Chambers.
Councilor Thuon also thanked snow removal teams for keeping streets clear during the recent
storms.
9. EXECUTIVE SESSION
Video Start Time: 01:54:02
9.1.Mayor Underwood requested a motion from her fellow councilors to proceed into Executive
Session. Councilor Hardy motioned to retire into Executive Session for the purpose of discussing
the purchase, acquisition, lease, transfer or sale of real estate pursuant to CRS Section 24-6-
402(4)(a); for the purpose of conferencing with the Town Attorney to receive legal advice on
specific legal questions under C.R.S Section 24-6-402(4)(b); 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: Buffalo Ridge Housing and Kayak Crossing Housing; a potential Avon
Urban Renewal Authority project; and potential acquisition of residential unit for Town of Avon
employee housing. Councilor Thuon seconded the motion. The motion carried unanimously with a
7-0 vote. The time was 6:55 p.m. At the roll call, all members of Council were present. Also present
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were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, and Town Attorney Nina
Williams. The Executive Session commenced at 7:06 p.m. The Executive Session adjourned at 8:01
p.m.
10. BUSINESS ITEMS PART II.
10.1. Avon Housing Authority
Video Start Time: 01:56:20
At approximately 8:05 p.m., Town Council reconvened as Avon Housing Authority, and all members
of the Avon Housing Authority were present to decide on an action item resulting from executive
session. Councilor Hardy motioned to approve the Purchase Agreement and authorize the
acquisition of 3008 Wildridge Road Unit 1A. Councilor Hardy seconded the motion. The motion
carried unanimously with a 7-0 vote.
11. ADJOURN
There being no further business before Council, Mayor Underwood moved to adjourn the
regular meeting. The time was 8:06 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.highfivemedio.org.
RESPECTFULLY SUBMITTED:
APPROVED:
Mayor Underwood
Rich Carroll
Ruth Stanley
Lindsay Hardy
Chico Thuon
Kevin Hyatt
Gary Brooks
t:
Miguel Jauregui Casanueva, Town Clerk
TO: Honorable Mayor Underwood and Council members
FROM: Charlotte Lin, Sustainability Manager ��
RE: Letter of Support for Climate Action Collaborative's Grant
Application to Advance Energy Codes and Collaboration C o L O H A D o
Across the Eagle River Valley
DATE: January 22, 2025
SUMMARY: The CAC is submitting a grant application to the Colorado Energy Office ("CEO")'s Energy
Code Adoption and Enforcement Grant Program. This opportunity would advance the Net Zero Regional
Roadmap by facilitating and achieving building energy codes alignment across Eagle, Pitkin and Garfield
counties communities. Throughout 2024, Avon was an active participant in the development of the Net Zero
Regional Roadmap and the final version of the Roadmap will be formally presented to Council soon.
Regional building code consistency, with varying amendments as appropriate for each jurisdiction, has a
proven benefit to our building community and for enforcement. We believe this opportunity will effectively
support continued communication, collaboration and compliance in reaching our carbon reduction goals in
the built environment.
The funding will be used to cover the costs of technical consultants; staff time; outreach and engagement
activities; training and workforce development; compliance planning, review, and verification; improvements
to the code enforcement process; and deployment of innovative enforcement and compliance tools.
Applicants are allowed to apply for a total funding amount up to $250,000 and no match is required.
PROPOSED MOTION: " I move to approve the Letter of Support for Climate Action Collaborative's Grant
Application to Advance Energy Codes and Collaboration Across the Eagle River Valley."
Thank you, Charlotte
ATTACHMENT A: The Letter of Support for the CAC
970-748-4083 clin@avon.org
ATTACHMENT A Post Office Box 975
100 Mikaela Way
Avon, CO 81620
January 15, 2025
The Honorable Will Toor
Executive Director
The Colorado Energy Office
1600 Broadway, Suite 1960
Denver, CO, 80202
RE: The Town of Avon supports the Climate Action Collaborative for Eagle County Communities'
grant application to advance energy codes and collaboration across the Eagle River Valley.
Dear Mr. Will Toor,
I am writing to express my strong support for the Climate Action Collaborative's partnership grant
application for the CEO's Energy Code Adoption and Enforcement Grant Program. Working in partnership
with the Climate Action Collaborative and Eagle County communities, this funding will allow our
communities to begin implementing our Regional Net Zero Roadmap, continue training our regional
buildings workforce to implement all electric, high efficiency, and net zero buildings, and develop important
resources, such as cost studies, that support the adoption of future code updates.
The Town of Avon, in Eagle County, is one of the key municipal partners of the Climate Action
Collaborative, having adopted the Eagle County Climate Action Plan since 2016. Avon has a population of
approximately 6000 year-round residents and serves up to 2 million tourists per year. Protecting our
natural, pristine environment via climate action is crucial for both our local and tourist populations. Avon
supports the Climate Action Collaborative's grant application because it will ensure that our efforts to reach
consistent building code standards across 3 Counties in our region, as mapped out through the Net Zero
Regional Roadmap, can be fully and successfully implemented. Consistent regional building codes is a key
strategy to reduce greenhouse gas emissions from the built environment, helping us achieve our Climate
Action Plan goals. Consistent codes also support our rural mountain community's green workforce
development, reduce utility bills by advancing our energy efficiency standards, and create a safer and
healthier built environment for all.
The Town of Avon is ready to be engaged in the grant activities associated with the Climate Action
Collaborative's partnership grant application. By way of a grant award, The Town of Avon commits to adopt
and enforce an energy code equivalent to or stronger than Colorado's minimum energy code.
Please give the Climate Action Collaborative's grant application the highest consideration. Thank you.
TO: Honorable Mayor Underwood and Council members
FROM: Jena Skinner, Planning Manager �� V ■�
RE: Resolution 25-02, 2025 Eagle County Hazard Mitigation Plan
DATE: January 6, 2025 COI O R A a 4
SUMMARY: Resolution 25-02, authorizes the Adoption of the 2025 Eagle County Hazard Mitigation Plan
("Plan") by Town Council ("Council'). This resolution is attached as Attachment A.
The updated Plan identifies potential natural and human -made disasters that could occur in the Town of Avon
and throughout Eagle County. The 2018 plan replaced the 2012 Pre -Disaster Mitigation Plan ("PDMP"), and
in 2019, the PDMP was replaced with the Eagle County Hazard Mitigation Plan. The 2025 Plan is generally
consistent with the intention of the previous plan. The revised plan includes the 2024 Eagle County
Community Wildfire Protection Plan ("CCWPP"), which Avon currently uses. All aforementioned plans were
adopted by the Council when they were updated.
BACKGROUND: Hazard mitigation planning is a process in which a variety of natural occurrences such as
severe winter weather, avalanche, severe wind, intentional attacks, landslides, floods, lightning, and wildfires
are identified and profiled; people and facilities at -risk are identified and assessed for threats and potential
vulnerabilities; and strategies and mitigation measures are identified. Hazard mitigation planning increases
the ability of communities and other governmental entities to effectively function in the face of natural
disasters. The purpose in adopting and implementing this plan is to reduce risk and vulnerability, lessening
impacts on life, the economy, and infrastructure.
To better protect the Nation from natural disasters, on June 1, 2009, FEMA initiated the Hazard Mitigation
Assistance program integration, which aligned certain policies and timelines of the various mitigation
programs. These Hazard Mitigation Assistance programs present a critical opportunity to minimize the risk
to individuals and property from hazards while simultaneously reducing the reliance on federal disaster funds.
This hazard mitigation plan was developed for anyone that lives, works, owns a business, owns land, or visits
Eagle County. Different sections of the plan will be helpful to different people. The Plan is attached as Exhibit
A and may also be viewed via this online LINK.
RECOMMENDATION: Staff recommends Council adopt the 2025 Eagle County Hazard Mitigation Plan.
RECOMMENDED MOTION: `7 move to approve Resolution 25-02, Adopting the 2025 Eagle County Hazard
Mitigation Plan."
Thank you, Jena
ATTACHMENT
Attachment A: Resolution 25-02
Exhibit A: EC Hazard Mitigation Plan
RESOLUTION NO.25-02
AUTHORIZING THE ADOPTION OF THE
2025 EAGLE COUNTY HAZARD MITIGATION PLAN
WHEREAS, all jurisdictions within Eagle County, Colorado have exposure to natural hazards that
increase the risk to life, property, environment, and the County and local economy; and
WHEREAS, pro -active mitigation of known hazards before a disaster event can reduce or eliminate
long-term risk to life and property; and
WHEREAS, the Federal Disaster Mitigation Act of 2000 was signed into law on October 30, 2000,
placing new emphasis on state and local mitigation planning for natural hazards and requiring
jurisdictions to adopt a hazard mitigation action plan to be eligible for pre -disaster and post -disaster
federal funding for mitigation purposes; and
WHEREAS, a Multi -Jurisdictional Hazard Mitigation Plan was prepared by Eagle County, CO, with
assistance from JEO Consulting Group, Inc.
WHEREAS, the purpose of the mitigation plan was to lessen the effects of disasters by increasing
the disaster resistance of the county and participating jurisdictions located within the planning area
by identifying the hazards that affect the Town of Avon and prioritize mitigation actions and
strategies to reduce potential loss of life and property damage from those hazards, and
WHEREAS, FEMA regulations require documentation that the plan has been formally adopted by
the governing body of the Town of Avon in the form of a Resolution and further requesting approval
of the plan at the Federal Level; and
NOW, THEREFORE, the governing body of the Town of Avon does herewith adopt the most recent
and FEMA approved version of the Eagle County Hazard Mitigation Plan 2025 in its entirety and
resolves to execute the actions identified in the Plan that pertain to this jurisdiction.
ADOPTED January 28, 2025, by the AVON TOWN COUNCIL
Attest:
Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
io- Prepared by: Allm - mow"
Ia JEO CONSULTING GROUP
EIWERGE14r �_NaG�MEN7
v 144
Eagle County Planning Team
Name
Title
Jurisdiction
Birch Barron
Director of Emergency Management Eagle County
Fernando Almanza
Deputy Emergency Manager
Eagle County
*Phil Luebbert
Project Coordinator
JEO Consulting Group Inc.
*Karl Dietrich
Planner
JEO Consulting Group Inc.
*Mark Thompson
State Hazard Mitigation Officer
Colorado Division of
Homeland Security and
Emergency Management
*Matthew West
Mitigation Planning Supervisor
Colorado Division of
Homeland Security and
Emergency Management
*Served in an advisory or consultant role.
Eagle County Hazard Mitigation Plan 12025
This Page Is Intentionally Blank
Eagle County Hazard Mitigation Plan 12025
Table of Contents
EagleCounty Planning Team......................................................................................................1
Tableof Contents........................................................................................................................3
Listof Figures.............................................................................................................................5
Listof Tables..............................................................................................................................5
Section One: Introduction............................................................................................................7
HazardMitigation Planning......................................................................................................7
HazardMitigation Assistance..................................................................................................7
Summaryof Changes..............................................................................................................9
Goalsand Objectives..............................................................................................................9
Participating Jurisdictions......................................................................................................10
Section Two: How to Use This Hazard Mitigation Plan..............................................................11
Introduction...........................................................................................................................11
How to Use This Document...................................................................................................11
Section Three: Planning Area Overview....................................................................................13
Introduction...........................................................................................................................13
Locationand Geography.......................................................................................................13
Demographics.......................................................................................................................13
Housing.................................................................................................................................16
Employment and Economics.................................................................................................18
Section Four: Planning Process Summary................................................................................19
Introduction...........................................................................................................................19
PlanUpdate Process.............................................................................................................19
Stakeholder and Public Involvement......................................................................................21
Section Five: Risk Assessment Summary.................................................................................23
Introduction...........................................................................................................................23
HazardIdentification..............................................................................................................23
Hazard Assessment Summary Tables...................................................................................25
FEMA National Risk Index.....................................................................................................29
Historical Disaster Declarations.............................................................................................29
HazardProfiles......................................................................................................................31
Section Six: Mitigation Strategy.................................................................................................35
Introduction...........................................................................................................................35
Summaryof Changes............................................................................................................35
Selected Mitigation and Strategic Actions..............................................................................35
Participant Mitigation Actions.................................................................................................36
Section Seven: Plan Implementation and Maintenance............................................................37
Monitoring, Evaluating, and Updating the Plan......................................................................37
Continued Public Involvement...............................................................................................38
Unforeseen Opportunities......................................................................................................38
Incorporation into Existing Planning Mechanisms..................................................................38
Section Eight: Participant Profiles.............................................................................................41
Purpose of Participant Profiles..............................................................................................41
Participant Profile Appendices
Eaale Countv and Communitv ADDendix
Eagle County
Town of Avon
Town of Basalt*
Eagle County Hazard Mitigation Plan 12025
Table of Contents
Town of Eagle
Town of Gypsum
Town of Minturn
Town of Red Cliff
Town of Vail
Special Distristricts Appendix
Basalt Library District
Basalt Sanitation District
Berry Creek Metro District
Cordillera Metro District
Eagle County Paramedic Services
Eagle County School District
Eagle River Fire Protection District
Eagle River Water & Sanitation District
Eagle Vail Metropolitan District
Eagle Valley Library District
Eagle Valley Transportation Authority
Greater Eagle Fire Protection District
Gypsum Fire Protection District
Mountain Recreation Metropolitan District
Roaring Fork Fire Rescue Authority
Vail Recreation District
Appendix A: Full Risk Assessment
Appendix B: Planning Process Documentation
Appendix C: Planning Area Profile
Appendix D: Mitigation Strategy
Appendix E: Hazard Mitigation Protect Funding Guidebook
Appendix F: Guide to Review and Update the Hazard Mitigation Plan
ADDendix G: Eaale Countv Communitv Wildfire Protection Plan
"Participated in the Pitkin County Hazard Mitigation Plan'
1 Pitkin County. April 2023. 'Pitkin County Hazard Mitigation Plan". https://Pitkincounty.com/DocumentCenter/View/31286/Pitkin-
County-Hazard-Mitigation-Plan-2023.
4 Eagle County Hazard Mitigation Plan 12025
.ist of Figures
Figure 1:
County Population, 1890-2020....................................................................................................13
Figure 2:
Eagle County Planning Area........................................................................................................14
Figure 3:
Population by Age Cohort and Sex (2020)..................................................................................15
Figure 4:
Housing Age in Eagle County......................................................................................................17
Figure5:
Project Timeline...........................................................................................................................19
Figure 6:
First Responders at an Emergency Incident...............................................................................39
st of Tables
Table 1: 2019 Plan Comments and Revisions............................................................................ 9
Table 2: Participating Jurisdictions............................................................................................10
Table 3: School Inventory .........................................................................................................15
Table 4: County Inventory of Care Facilities..............................................................................16
Table 5: County & State ESL and Poverty At -Risk Populations.................................................16
Table 6: County Racial Composition Trends.............................................................................16
Table 7: County Housing Characteristics..................................................................................16
Table 8: Vulnerable County & State Housing Characteristics....................................................17
Table 9: Vulnerable Employment & Economic Characteristics..................................................18
Table 10: Hazards Addressed in the Plan.................................................................................23
Table 11: Loss Estimation for Eagle County..............................................................................26
Table 12: County Risk Assessment...........................................................................................27
Table 13: National Risk Index...................................................................................................29
Table 14: Presidential Disaster Declarations.............................................................................29
Table 15: USDA Secretarial Disasters (2012-2023)..................................................................30
Table 16: State Emergency Declarations..................................................................................30
Table 17: Prioritized Hazards of Concern by Jurisdiction..........................................................31
Eagle County Hazard Mitigation Plan 12025
This Page Is Intentionally Blank
Eagle County Hazard Mitigation Plan 12025
Section One: Introduction
Hazard mitigation planning is a process in which hazards are identified and profiled; people and
facilities at -risk are identified and assessed for threats and potential vulnerabilities; and strategies
and mitigation measures are identified. Hazard mitigation planning increases the ability of
communities and other governmental entities to effectively function in the face of natural disasters.
The goal of the process is to reduce risk and vulnerability, in order to lessen impacts on life, the
economy, and infrastructure.
Severe weather and hazardous events are occurring more frequently in our daily lives. Pursuing
mitigation strategies reduces risk and is socially and economically responsible to prevent long-
term risks from natural and human -caused hazard events.
Hazards, such as severe winter weather, avalanche, severe wind, intentional attacks, landslides,
floods, lightning, and wildfires are part of the world around us. These hazard events can occur as
a part of normal operation or because of human error. All jurisdictions participating in this planning
process are vulnerable to a wide range of hazards that threaten the safety of residents and have
the potential to damage or destroy both public and private property, cause environmental
degradation, or disrupt the local economy and overall quality of life.
This plan is an update to the Eagle County Hazard Mitigation Plan approved in 2019. The plan
update was developed in compliance with the requirements of the Disaster Mitigation Act of 2000
(DMA 2000). By preparing this plan, Eagle County has demonstrated a commitment to reducing
risks from hazards and to helping decision makers establish mitigation activities and resources.
On June 1, 2009, FEMA initiated the Hazard Mitigation Assistance program integration, which
aligned certain policies and timelines of the various mitigation programs. These Hazard Mitigation
Assistance programs present a critical opportunity to minimize the risk to individuals and property
from hazards while simultaneously reducing the reliance on federal disaster funds.
Eagle County Hazard Mitigation Plan 12025
Section One I Introduction
Each Hazard Mitigation Assistance program was authorized by separate legislative actions, and
as such, each program differs slightly in scope and intent.
Hazard Mitigation Grant Program: To qualify for post -disaster mitigation funds, local
jurisdictions must adopt a mitigation plan that is approved by FEMA. Hazard Mitigation
Grant Program provides funds to states, territories, Indian tribal governments, local
governments, and eligible private non -profits following a presidential disaster declaration.
The DMA 2000 authorizes up to seven percent of Hazard Mitigation Grant Program funds
available to a state after a disaster to be used for the development or update of state,
tribal, and local mitigation plans.
• Flood Mitigation Assistance: This program provides grant funds to implement projects
such as acquisition or elevation of flood -prone homes. Jurisdictions must be participating
communities in the National Flood Insurance Program to qualify for this grant. The goal of
Flood Mitigation Assistance is to reduce or eliminate claims under the National Flood
Insurance Program.
• Building Resilient Infrastructure and Communities: This program replaced the Pre -
Disaster Mitigation Program beginning in 2020 and provides funds on an annual allocation
basis to local jurisdictions for implementing programs and projects to improve resiliency
and local capacity before disaster events.
• Pre -Disaster Mitigation: The Pre -Disaster Mitigation grant program makes federal funds
available to state, local, tribal, and territorial governments to implement measures
designed to reduce the risk to individuals and property from future natural hazards. The
Consolidated Appropriations Act of 2023 authorizes funding for 100 projects with total
funds of $233,043,782 in 2023.
• Fire Mitigation Assistance Grants: Section 404 of the Stafford Act allows FEMA to
provide Hazard Mitigation Grant Program grants to any area that received a Fire
Management Assistance Grant declaration even if no major Presidential declaration was
made. Fire Mitigation Assistance Grants aids communities in implementing long-term
mitigation measures after a wildfire event.
For more information about these grant programs and other funding opportunities to help
implement identified mitigation actions see Appendix E: Hazard Mitigation Project Funding
Guidehnnk_
Eagle County Hazard Mitigation Plan 12025
Section One I Introduction
The hazard mitigation planning process goes through changes during each plan update to best
accommodate the planning area and specific conditions. Changes from the 2019 Hazard
Mitigation Plan and planning process in this update included: an updated plan layout, greater
efforts to reach and include stakeholder groups, greater effort to include all taxing authorities as
participants; a more in-depth funding guidebook; and changes to meet updated FEMA hazard
mitigation plan policies. The plan was also updated to reflect changing priorities for each
participating jurisdiction. Prioritized hazards of concern were identified by each local planning
team along with a review of mitigation actions. Each local planning team reviewed the mitigation
actions from 2019 and updated the timeline, priority (high, medium, low), and status. Local
planning teams were also able to add new mitigation actions to better fit any changing priorities
and concerns. The 2019 Eagle County Hazard Mitigation Plan Review Tool was reviewed for
possible changes to incorporate into this plan update and were addressed where applicable.
These changes are described in the table below.
Table 1: 2019 Plan Comments and Revisions
Consider utilizing GIS data of hazards, people, Participant
and structures during the annual review Profile, GIS data and maps were added and
process to simplify the exposure and Appendix A: included throughout the plan when
vulnerability update in the next plan. Full Risk data was available.
AGGaGcmant
The potential for disaster losses and the probability of occurrence of natural and human -caused
hazards present a significant concern for the jurisdictions participating in this plan. The driving
motivation behind this hazard mitigation plan is to reduce vulnerability and the likelihood of
impacts to the health, safety, and welfare of all citizens in the planning area. To this end, the Eagle
County Planning Team reviewed and approved goals which helped guide the process of
identifying both broad -based and jurisdictional -specific mitigation strategies and projects that will,
if implemented, reduce their vulnerability, and help build stronger, more resilient communities.
Goals from the 2019 hazard mitigation plan were reviewed, and the Eagle County Planning Team
agreed that they are still relevant and applicable for this plan update. The updated goals and
objectives for this plan update are as follows.
Goal 1: Protect Life, Property, and the Environment by Reducing the Impact of Natural and
Human -Caused Hazards in Eagle County
Objectives
A. Enhance assessment of multi -hazard risk to life, property, and the environment to identify
areas within Eagle County that are at particular risk from catastrophic loss due to wildfires,
floods, avalanches, and other hazards.
B. Develop and implement action plans to reduce potential loss of life, property, critical
infrastructure, and valued resources while protecting the safety of the public and
emergency responders.
C. Provide framework for implementation and management of mitigation actions identified by
this plan.
D. Increase public education and awareness of hazards and risk reduction measures.
Eagle County Hazard Mitigation Plan 12025 9
Section One I Introduction
Goal 2: Minimize Economic Losses and Speed Recovery and Redevelopment Following
Future Disaster Events
Objectives
A. Strengthen disaster resiliency of governments, businesses, and community members.
B. Promote and conduct continuity of operations and continuity of governance planning.
C. Reduce financial exposure of the county, municipal governments, and fire protection
districts.
Goal 3: Implement the Mitigation Actions Identified in this Plan
Objectives
A. Engage collaborative partners, community organizations, businesses, and others.
B. Commit to hazard mitigation principles and integrate mitigation activities into existing and
new community plans and policies.
C. Comply with federal and state legislation and guidance for local hazard mitigation
planning.
D. Proactively prepare to minimize secondary hazards associated with expected events.
E. Monitor, evaluate, and update the mitigation plan on an annual basis and modify plans,
as necessary.
Jurisdictions that participated in the Eagle County Hazard Mitigation Plan are listed in the table
below. These jurisdictions met all the requirements for participation by attending required
meetings, assisting in data collection, identifying mitigation actions, reviewing plan drafts, and
either adopting the plan by resolution or planning to adopt the plan by resolution.
Table 2: Participating Jurisdictions
Participating
Eagle County Eagle County Paramedic Services
Town of Avon
Eagle County School District
Town of Basalt*
Eagle River Fire Protection District
Town of Eagle
Eagle River Water & Sanitation District
Town of Gypsum
Eagle Vail Metropolitan District
Town of Minturn
Eagle Valley Library District
Town of Red Cliff
Eagle Valley Transportation Authority
Town of Vail
Greater Eagle Fire Protection District
Basalt Library District
Gypsum Fire Protection District
Basalt Sanitation District
Mountain Recreation Metropolitan District
Berry Creek Metro District
Roaring Fork Fire Rescue Authority
Cordillera Metro District
Vail Recreation District
'Participates in the Pitkin County Hazard Mitigation Plan'
2 Pitkin County. April 2023. 'Pitkin County Hazard Mitigation Plan". https://Pitkincounty.com/DocumentCenter/View/31286/Pitkin-
County-Hazard-Mitigation-Plan-2023.
10 Eagle County Hazard Mitigation Plan 12025
Section Two: How to Use This
Hazard Mitigation Plan
This hazard mitigation plan was developed for anyone that lives, works, owns a business, owns
land, or visits Eagle County. Different sections of the plan will be helpful to different people. This
section is designed to help guide readers to the most relevant information.
Jurisdiction that Participated in the Plan
I am a governing official from a participating jurisdiction and want to learn more about the hazards
that could impact my jurisdiction, identify strategies to reduce vulnerability to those hazards, how
to secure funding for those strategies, and how to keep the plan up to date. I would review:
• Section Three Planning Area Overview and Appendix C Planning Area Profile: To
learn about demographics, at -risk populations, housing, employment, economics, social
vulnerability, rural capacity index, state and federal areas, and historical sites.
• Section Five Risk Assessment Summary and Appendix A Full Risk Assessment: To
learn about the hazards that could impact Eagle County, where those hazards are likely
to occur, how often they are likely to occur, the possible extent of the hazards, how climate
change will impact the hazards, and countywide vulnerabilities.
• Section Six Plan Implementation and Maintenance and Appendix F Guide to Review
and Update the Hazard Mitigation Plan: To learn about plan maintenance and how to
update your participant section.
• Section Eight Plan Participant Profiles: To learn jurisdictional specific information about
Eagle County, local communities, and other local jurisdictions. Each participant section
contains information about prioritized hazards, infrastructure critical to community lifelines,
and mitigation strategies.
• Appendix E Hazard Mitigation Funding Guidebook: To learn about various federal,
state, and other funding sources to help pay for identified mitigation strategies.
Resident, Landowner, Visitor, or Business
I am a resident, landowner, visitor, or business and want to learn about Eagle County/my
community, protecting my family, home, and property from natural and human -caused hazards. I
would review:
Section Three Planning Area Overview and Appendix C Planning Area Profile: To
learn about demographics, at -risk populations, housing, employment, economics, social
vulnerability, rural capacity index, state and federal areas, and historical sites.
Eagle County Hazard Mitigation Plan 12025
Section Two I How to Use This Hazard Mitigation Plan
• Section Five Risk Assessment Summary and Appendix A Full Risk Assessment: To
learn about the hazards that could impact Eagle County, where those hazards are likely
to occur, how often they are likely to occur, the possible extent of the hazards, how climate
change will impact the hazards, and countywide vulnerabilities.
• Section Seven Plan Implementation and Maintenance: To learn jurisdictional specific
information about Eagle County, local communities, and other local jurisdictions. Each
participant section contains information about prioritized hazards, infrastructure critical to
community lifelines, and mitigation strategies.
State or Federal Agency
I am with a state or federal agency and want to learn more about the planning process, hazard
risks, and mitigation strategies across all jurisdictions in Eagle County. I would review:
• Section One Introduction: To learn about the goals and objectives of the Eagle County
Hazard Mitigation Plan.
• Section Three Planning Area Overview and Appendix C Planning Area Profile: To
learn about demographics, at -risk populations, housing, employment, economics, social
vulnerability, rural capacity index, state and federal areas, and historical sites.
• Section Four Planning Process Summary and Appendix B Planning Process
Documentation: To learn about the planning process, who attended meetings, and who
was invited to participate.
• Section Five Risk Assessment Summary and Appendix A Full Risk Assessment: To
learn about the hazards that could impact Eagle County, where those hazards are likely
to occur, how often they are likely to occur, the possible extent of the hazards, how climate
change will impact the hazards, and countywide vulnerabilities.
• Appendix D Mitigation Strategy: To learn about the mitigation strategies identified by
each participating jurisdiction.
12 Eagle County Hazard Mitigation Plan 12025
Section Three: Planning Area
Overview
To identify jurisdictional vulnerabilities, it is vitally important to understand the people and built
environment of the planning area. The following section provides a summary of Eagle County's
characteristics. A more detailed profile broken down by community is covered in Appendix C:
Planninq Area Profile, including demographics, at -risk populations, employment, economics, and
housing.
Eagle County is located in the Rocky Mountains of northwestern Colorado. The county covers
1,692 square miles and elevation ranges from 6,128 feet to 14,011 feet above sea level. The
White River National Forest covers a large portion of the eastern and southern portions of the
county. There are seven incorporated communities in Eagle County: Town of Avon, Town of
Basalt, Town of Eagle, Town of Gypsum, Town of Minturn, Town of Red Cliff, and the Town of
Vail. Major transportation routes include Interstate 70, U.S. Highway 6, U.S. Highway 24, State
Highway 82, and State Highway 131. Major waterways in the district include the Colorado River,
Eagle River, Piney River, Gypsum Creek, Brush Creek, Derby Creek, Rock Creek, Alkali Creek,
and Gore Creek. Figure 2 shows Eagle County, incorporated communities, major transportation
routes, major waterways, and location within the state.
The U.S. Census Bureau collects specific demographic information for Eagle County. The
estimated population of the planning area is 55,731.1
Figure 1: County Population, 1890-2020
60,000 55,731
Cn And
50,000
40,000
30,000
20,000
10,000 3 .
0
1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020
Source: U.S. Census Bureau'
3 United States Census Bureau. "2020 Census Bureau Decennial Census: P1: Race." https://data.census.gov/.
4 United States Census Bureau. "2020 Census Bureau Decennial Census: P1: Race." https://data.census.gov/.
Eagle County Hazard Mitigation Plan 12025 13
Section Three I Planning Area Overview
Figure 2: Eagle County Planning Area
Garfield
County Routt County
Grand County
131
;F
Gypsum r` E
I�
a
Basalt F'Y,nppdn f$rVeT
a
�?a
Pitkin Count
Legend
Railroad 0 Town Boundaries
Highways Q Eagle County
— Rivers and Streams 0 Counties
�04W.
Summit County
Vail
o
Minturn
f
Red Cliff
Lake County
C-ea d By: Ko
Zt. I By- AK
oam: +rnxoxs
Eagle County
�
SofMare: AmOIS Pro
File: Eagle County Maps-aprx
a
Eagle County
Y�
Hazard Mitigation Plan 2025°°
3.°°° Pee[
14 Eagle County Hazard Mitigation Plan 12025
Section Three I Planning Area Overview
Over 85
80 to 84
75 to 79
70 to 74
65 to 69
60 to 64
55 to 59
50 to 54
C- 45 to 49
} 40 to 44
35 to 39
30 to 34
25 to 29
20 to 24
15 to 19
10 to 14
5 to 9
Under 5
Figure 3: Population by Age Cohort and Sex (2020)
Female % ■ Male %
10 9 8 7 6 5 4 3 2 1 0 1 2 3 4 5 6 7 8 9 10 11 12
Percentage of the Population
Source: U.S. Census Bureau'
Community and regional vulnerability are impacted by growing or declining populations. Areas
growing quickly may lack resources to provide services for all residents in a reasonable timeframe
including snow removal, emergency storm shelters, repairs to damaged infrastructure, or even
tracking the location of vulnerable populations. Eagle County has displayed large population
growth since 1970. However, growth has slowed in 2010 and 2020. Additional population
information broken down by community can be found in Appendix C: Planninp Area Profile.
In general, certain populations may have increased vulnerability due to difficulty with medical
issues, extremes in age, and communication issues due to language barriers. Several at -risk
populations have been identified in Eagle County. These include:
• Schools
• Care Facilities
• Populations That Speak English as a Second Language
• Racial Minorities
The tables on the next page list the at -risk populations in Eagle County. For additional information
about at -risk populations see Appendix C: Planninp Area Profile.
Source: Colorado Department of Educations'
5 United States Census Bureau. "2020 Census Bureau Decennial Census: P1: Race." https://data.census.gov/.
6 Colorado Department of Education. September 2023. "PK-12 Membership Trend by District."
https://www.cde.state.co.us/cdereval/pupiIcurrent.
7 Colorado Department of Education. September 2023. "Count of Teachers by District, Ethnicity and Gender."
htti)s://www.cde.state.co.us/cdereval/i)ui)iIcurrent.
Eagle County Hazard Mitigation Plan 12025 15
Section Three I Planning Area Overview
1M.,,1rX2L4J=0T7ni M-,,i of Care Facilities
Hospitals Adult Care Homes Assisted Living Homes
Source: Colorado Department of Public Health and Environment°
Table 5: County & State ESL and Povertv At -Risk Populations
Eagle County 1 25.8%
State of Colorado 16.3%
Source: U.S. Census Bureau9
Table 6: County Racial Composition
Trends
2010
2010
2021
2021
Race
Number
of Total
Number
% of Total
Change
White, Not Hispanic
43,428
83.2%
45,334
81.4%
-1.8%
Black
365
0.7%
501
0.9%
0.2%
American Indian and Alaskan
365
0.7%
56
0.1%
-0.6%
Native
Asian
522
1.0%
779
1.4%
0.4%
Native Hawaiian and Other Pacific
0
0.0%
56
0.1 %
0.1 %
Islander
Other Races
6,421
12.3%
2,061
3.7%
-8.6%
Two or More Races
1,096
2.1 %
6,906
12.4%
10.3%
Total Population
52,197
-
55,694
-
-
Source: U.S. Census Bureau1011
The U.S. Census Bureau provides information related to housing units and potential areas of
vulnerability. Potentially vulnerable housing characteristics include vacant housing, rental
properties, mobile homes, older housing, those with no internet, and homes with no vehicles
available. The tables below show vulnerable housing characteristics in Eagle County. Additional
housing information broken down by community can be found in Appendix C: Planning Area
Profile.
Source: U.S. Census Bureau12
8 Colorado Department of Public Health and Environment. 2023. 'Regulated Health Facilities". https:Hcdphe.colorado.gov/find-and-
compare-facilities.
9 United States Census Bureau. "2021 Census Bureau American Community Survey: S1601: Language Spoken at Home."
https:Hdata.census.gov/.
10 United States Census Bureau. "2010 Census Redistricting Data (Public Law 94-171): P1: Race." https://data.census.gov.
11 United States Census Bureau. "2021 Census Bureau American Community Survey: DP05: ACS Demographic and Housing
Estimates." https:Hdata.census.gov/.
12 United States Census Bureau. "2021 Census Bureau American Community Survey: DP04: Selected Housing Characteristics."
htti)s:Hd ata. ce nsus. g ov/.
16 Eagle County Hazard Mitigation Plan 12025
Section Three I Planning Area Overview
Table 8: Vulnerable County & State Housing Characteristics
Housing Characteristics
Occupied Housing Units
Eagle County
19,5111
59.8/0
State of
Colorado
2,227,932
90.8%
Lacking Complete Plumbing Facilities
0.1 %
0.3%
Lacking Complete Kitchen Facilities
0.5%
0.7%
No Telephone Service Available
1.0%
1.0%
Broadband Internet Subscription
95.1 %
90.9%
No Vehicles Available
3.4%
5.0%
Mobile Homes
5.9%
3.8%
Source: U.S. Census Bureau","
Figure 4: Housing Age in Eagle County
35
T
4
25
c
cn
0 20
w
0
0 15
m
c
10
2.1
_ 0.6 0.8Ek
0
Pre 1940 1940-19491950-19591960-19691970-19791980-19891990-19992000-20092010-2020
Year Built
Source: U.S. Census Bureau15
Housing Crisis
Eagle County is a highly desirable area to visit and live in, with premier ski resorts and abundant
public land for recreation. However, the cost of housing in Eagle County has increased
dramatically over the last decade because of low interest rates on secondary properties and
increases in short-term rental properties. The lack of available and affordable workforce housing
has caused many employers to have unfilled positions. Those working in Eagle County often have
to pay high rents, work multiple jobs, or commute into the county from other areas.16
13 United States Census Bureau. "2021 Census Bureau American Community Survey: DP04: Selected Housing Characteristics."
https://d ata. ce nsus. g ov/.
14 United States Census Bureau. "2021 Census Bureau American Community Survey: DP02: Selected Social Characteristics in the
United States." https://data.census.gov/.
15 United States Census Bureau. "2021 Census Bureau American Community Survey: DP04: Selected Housing Characteristics".
https://data.census.gov/.
16 Eagle County. December 2023. "Eagle County Community Wildfire Protection Plan". https://csfs.colostate.edu/wp
content/uploads/2023/12/Community Wildfire Protection Plan-ECFinal.pdf.
Eagle County Hazard Mitigation Plan 12025 17
Section Three I Planning Area Overview
The U.S. Census Bureau provides information related to employment and economic indicators.
Low-income populations and the unemployed may be more vulnerable to certain hazards like
flooding and severe winter weather. Additional employment and economic information broken
down by community can be found in Appendix C: Planning Area Profile.
Table 9: Vulnerable Em to ment & Economic Characteristics
Employment
Characteristics ..
Percent of People Living Below the 9 2% 9 6%
Povertv Line
Median Household Income $91,338 $80,184
Unemployment Rate 3.9% 4.6%
Source: U.S. Census Bureau"
17 United States Census Bureau. "2021 Census Bureau American Community Survey: DP03: Selected Economic Characteristics."
htti)s://d ata. ce nsus. q ov/.
18 Eagle County Hazard Mitigation Plan 12025
Section Four: F
Process Summ
WI
roduction
FEMA Planning Process Requirements
Requirement §201.6(b): Planning process. An open public involvement process is essential to the
development of an effective plan. In order to develop a more comprehensive approach to reducing the
effects of natural disasters, the planning process shall include:
(1) An opportunity for the public to comment on the plan during the drafting stage and prior to
plan approval;
(2) An opportunity for neighboring communities, local and regional agencies involved in hazard
mitigation activities, and agencies that have the authority to regulate development, as well as
businesses, academia, and other private and non-profit interests to be involved in the planning
process; and
(3) Review and incorporation, if appropriate, of existing plans, studies, reports, and technical
information.
Requirement §201.6(c)(1): The plan shall document the planning process used to develop the plan,
including how it was prepared, who was involved in the process, and how the public was involved.
Plan Update Process
Hazard Mitigation Plan Development
Aug Sept Oct Nov Dec ]an Feb May
PuhHc
9'zl�-Iff
Round 1 Round 2 Review Plan Meetings Meetings Period & yu Expiration
Lora{ PHIAMIFEM _
Adoption
Section Four I Planning Process Summary
To be a participant in the development of this plan update, jurisdictions were required to have, at
a minimum, one representative present at the Round 1 or Round 2 meetings, view meeting
recordings, or attend a follow-up meeting with either JEO Consulting Group, Inc., or Eagle County.
Round 1 Meetings: Hazard Identification & Plan Integration
The intent of the Round 1 Meeting was to familiarize jurisdictional representatives (i.e., the local
planning teams), stakeholders, and the public with the plan update process, expected actions for
the coming months, the responsibilities of being a participant, and to collect preliminary
information to update the plan. After the meeting, the attendees conducted risk and vulnerability
assessments based on local capabilities, previous occurrences of hazards, and potential
exposure. In addition, local planning team members evaluated potential integration of the hazard
mitigation plan alongside other local planning mechanisms.
The Round 1 Meeting was held as a hybrid meeting where participants, stakeholders, and the
public could either join in -person or online via Google Meets. The meeting was held on Monday
October 2, 2023, at the Eagle County Building Emergency Operations Center from 10:OOam to
11:30am. Virtual and in -person sign -in sheets can be found in Appendix B: Planning Process
Documentation.
Round 2 Meetings: Mitigation Strategies, National Flood Insurance Program, & Plan
Maintenance
Round 2 information was designed to identify and prioritize new mitigation measures, update
previous mitigation actions from the 2019 hazard mitigation plan, update National Flood Insurance
Program information, and identify when the plan would be reviewed and by whom. Attendees
were also asked to review the information collected from the Round 1 meeting related to their
jurisdiction through this planning process for accuracy.
The Round 2 Meeting was held as a hybrid meeting where participants, stakeholders, and the
public could either join in -person or online via Google Meets. The meeting was held on
Wednesday January 17, 2024, at the Eagle County Building Emergency Operations Center from
10:30am to 11:30am. Virtual and in -person sign -in sheets can be found in Appendix B: Planning
Process Documentation.
Public Review
Once the hazard mitigation plan draft was completed, a public review period was opened to allow
local planning teams and community members at large to review the plan, provide comments,
and request changes. The public review period was open from February 28, 2024, through March
13, 2024. Participating jurisdictions were emailed a notification of this public review period. A link
to the draft plan was also made available on the county's website
(https://www.eagIecounty.us/departments services/emergency management/emergency pla
ns.php) and a Facebook post was made to the Eagle County Public Information Office page.
Jurisdictions and the public could provide comments via phone call or email. A review of the
comments and who they were from can be found in Appendix B: Planning Process
Documentation. All changes and comments were reviewed and incorporated into the plan as
applicable.
Plan Adoption
Based on FEMA requirements, this multi -jurisdictional hazard mitigation plan must be formally
adopted by each participant through approval of a resolution. This approval will create individual
ownership of the plan by each participant. Formal adoption provides evidence of a participant's
20 Eagle County Hazard Mitigation Plan 12025
Section Four I Planning Process Summary
full commitment to implement the plan's goals, objectives, and action items. A copy of the
resolution draft provided to participating jurisdictions is located in Appendix B: Planning Process
Documentation along with any copies of adoption resolutions that have already been received.
Stakeholder and Public Involvement
To notify and engage the public in the planning process, a wide range of stakeholder groups,
State of Colorado agencies, neighboring jurisdictions, and the general public were contacted and
encouraged to participate in the plan update. Lists of the notified stakeholders, agencies, and
neighboring jurisdictions can be found in Appendix B: Planning Process Documentation.
The Eagle County Planning Team was asked to identify any underserved communities or
vulnerable populations in the planning area not already identified, so they could have the
opportunity to be involved in the planning process. The planning team identified individuals and
families where Spanish is the primary language spoken. To include this group, the public survey
was made available in Spanish, and the project website was also made available in Spanish.
Stakeholder Groups
There were 37 stakeholder groups that were identified and emailed invitations to participate in the
planning process by attending meetings. Climax Molybdenum, Vail Mountain School, Stone Creek
Charter School, Arrowhead Metro District, Lake Creek Metro District, Reudi Shores Metro District,
Timber Springs Metro, Holland Creek Metro District, Red Sky Ranch Metro District, Two Rivers
Metro District, Bachelor Gulch Metro District, and Buckhorn Valley Metro District attended
meetings. Vail Mountain School returned information about their prioritized hazards of concern.
Those hazards and reasons they were selected as a prioritized hazard are given below.
• Avalanche: Vail Mountain School is concerned with avalanches because they threaten
backcountry school programming and experiential education, risk of injury to students and
staff, blocked transportation routes, and damage to the school building.
• Drought: Direct impacts on the school are unlikely, however, drought can have a large
impact on the local ski and recreation economy. This can have a trickle -down effect on the
school budget and student population. Drought also increases the likelihood of wildfires.
• Landslides: Vail Mountain School is concerned with landslides because of the risk of injury
to students and staff, blocked transportation routes, disruption of services, and damage to
the school building.
• Severe Winter Weather: Vail Mountain School is concerned with severe winter weather's
ability to cause injuries, blocked transportation routes, and disruption of services. The
school is often interrupted when severe weather closes Interstate 70.
• Wildfire: Vail Mountain School is concerned with a wildfire impacting families causing them
to leave the area. Wildfire could also damage the school and cause a long-term disruption
in operations and school programming.
Eagle County Hazard Mitigation Plan 12025
Section Four I Planning Process Summary
Vulnerable Populations
Through discussions with Eagle County Emergency Management, those who primarily speak
Spanish, were identified as a potential vulnerable population in the county. Targeted outreach to
this population included a project announcement on the county website in Spanish and the public
survey available in Spanish. The Spanish Public Survey was posted on the Eagle County Public
Safety Information and Eagle County Emergency Management website, the Family Resource
Center Facebook page, the Mi Salud and Mi Charco Facebook pages, and a WhatsApp group of
166 Spanish speakers in Eagle County. Copies of the postings can be found in Appendix 8:
Planning Process Documentation. Survey results from the Spanish survey were added to the
overall public survey responses and given to Eagle County Emergency Management.
State of Colorado Agencies
To comply with the additional State of Colorado plan requirements various state agencies were
contacted and emailed invitations to participate in the planning process by attending meetings or
reviewing the draft plan. Representatives from Colorado Department of Transportation, Colorado
Department of Natural Resources, and Colorado Division of Homeland Security and Emergency
Management attended the public meetings.
Neighboring Jurisdictions
Neighboring jurisdictions were notified and invited to participate in the planning process by
attending meetings. A representative from Summit County and the City of Leadville attended the
Round 1 Meeting. No comments or revisions were received from any neighboring jurisdictions.
Public Survey
The general public was encouraged to participate in the planning process through a public survey
that was available online and by hard copy in both English and Spanish. The survey was shared
with the public using the county's website, social media posts, and direct contacts. Copies of the
survey along with outreach documentation can be found in Appendix 8: Planning Process
Documentation. The purpose of the survey was to collect specific concerns related to hazards
and projects the public have a vested interest in. It was available beginning after the Round 1
meeting and closed a week prior to the Round 2 meeting. In total there were 92 responses to the
survey from members of the public with a majority (40/92) coming from the Town of Gypsum.
Results of the public survey were shared with participating jurisdictions during the Round 2
meeting. These results helped influence hazard prioritization and mitigation actions selected by
local planning teams. The public survey could also be used by participating jurisdictions to
determine needed capabilities and future outreach preferences.
The most commonly experienced hazard events for residents included wildfire, severe winter
weather, and lightning. This was similar to the ranked level of concern for hazard events, with one
major difference, drought. The top hazards of concern included: wildfire, drought, and severe
winter weather. Wildfire fuels reduction and early warning systems were the most popular
mitigation projects of importance for the public. The full results of the public survey can be found
in Appendix 8: Planning Process Documentation.
22 Eagle County Hazard Mitigation Plan 12025
Section Five: Risk
Assessment Summary
The ultimate purpose of this hazard mitigation plan is to minimize the loss of life and property
across Eagle County due to natural and human -caused hazards. The basis for the planning
process is the county and local risk assessment. This section contains a summary of potential
hazards, county vulnerabilities and exposures, probability of future occurrences, and potential
impacts and losses. By conducting a county and local risk assessment, participating jurisdictions
can develop specific strategies to address areas of concern identified through this process. This
section is meant to provide a summary of the risk assessment for Eagle County. The full risk
assessment can be found in Appendix A: Full Risk Assessment.
The identification of relevant hazards for Eagle County began with a review of the Colorado
Enhanced State Hazard Mitigation Plan 2023-2028. The Eagle County Planning Team reviewed,
discussed, and determined the list of hazards to be profiled in this hazard mitigation plan update.
It was decided that the hazards addressed in the 2019 Hazard Mitigation Plan were still applicable
and would be used for this plan update. Two hazards were added to the plan: intentional attack
and transportation incidents. The hazards for which a risk assessment was completed are listed
below.
Table 10: Hazards Addressed in the Plan
Hazards identified in the Colorado Enhanced State Hazard Mitigation Plan 2023 - 2028 that were
not identified in the Eagle County Hazard Mitigation Plan update include the following list.'$
• Animal Disease Outbreak
• Earthquake
• Erosion / Deposition
• Expansive Soils
• Extreme Heat
• Ground Subsidence
• Hail
• Pandemic
• Pest Infestation
• Tornado
18 Colorado Division of Homeland Security & Emergency Management. 2023. "Colorado Enhanced State Hazard Mitigation Plan
2023-2028". htti)s:Hdrive.google.com/file/d/lMPLOOiv-yZYDIMziTvYkRl2s35FzG-G8/view.
Eagle County Hazard Mitigation Plan 12025 23
Section Five I Risk Assessment Summary
These hazards were reviewed by Eagle County and the participating jurisdictions and were
chosen to not be included in this plan due to a variety of reasons. Specific reasons for omission
are discussed by hazard below.
Animal Disease Outbreak
Animal agriculture is not a large portion of Eagle County's local economy. In the 2022 Census of
Agriculture, the county ranks 47 out of 63 Colorado counties in livestock products sold. Eagle
County and the local planning teams felt that this hazard was of very low concern and did not
need to be profiled in the hazard mitigation plan.
Earthquake
Earthquakes were not profiled in this plan due to minimal historical incidents and low magnitudes.
According to the U.S. Geological Survey, there have been eight earthquakes in Eagle County
since 1900.19 These earthquakes had an average magnitude of 2.3 on the Richter Scale with the
largest being 3.4. Earthquakes at this magnitude have no potential damage.20
Erosion / Deposition
Erosion and deposition can come from several sources including water, wind, waves, or moving
ice. The most common way this occurs in Colorado is water and wind. As outlined in the Colorado
Enhanced State Hazard Mitigation Plan 2023-2028, wind deposits for Eagle County are low at
between 6.3%-17.9%.21 Erosion and deposition from water is addressed in the Floods risk
assessment of this plan. Erosion / Deposition is not specifically profiled in this hazard mitigation
plan because of these reasons.
Expansive Soils
Expansive soils are not profiled in this plan due to several reasons. In the Colorado Enhanced
State Hazard Mitigation Plan 2023-2028, the amount of Eagle County land covered by expansive
soils is low at between 1 %-8.28%.22 In discussion with the planning team, there have been no
notable past events or damages from expansive soils.
Extreme Heat
Due to the high elevation of Eagle County, extreme heat is not a concern for the planning team.
Historical temperature data shows average highs in the summer between 70°F and 80°F.23
Average monthly high temperature has only been over 80OF three times since 1895. Because of
this, extreme heat has not been profiled in this plan.
Ground Subsidence
Ground subsidence risk for Eagle County is low according to the planning team. According to the
Colorado Enhanced State Hazard Mitigation Plan 2023-2028, the percentage of ground
subsidence areas in the county is between 9.87% and 28.6%.24 While there has been a history of
19 U.S. Geological Survey. 2024. "Earthquake Catalog". https://earthguake.usgs.gov/earthquakes/search/.
20 U.S. Geological Survey. 2024. "Earthquake Magnitude, Energy Release, and Shaking Intensity".
https://www. usgs.gov/programs/earthquake-hazards/earthquake-magnitude-energy-release-and-shaking-intensity.
21 Colorado Division of Homeland Security & Emergency Management. 2023. "Colorado Enhanced State Hazard Mitigation Plan
2023-2028". https:Hdrive.google.com/file/d/lMPLOOiv-yZYDIMziTvYkRl2s35FzG-G8/view.
22 Colorado Division of Homeland Security & Emergency Management. 2023. "Colorado Enhanced State Hazard Mitigation Plan
2023-2028". https:Hdrive.google.com/file/d/lMPLOOiv-yZYDIMziTvYkRl2s35FzG-G8/view.
23 National Centers for Environmental Information. April 2024. "Climate at a Glance County Time Series".
https://www. ncei. noaa.gov/access/monitori ng/climate-at-a-glance/countv/time-series/CO-037/tmax/1 /0/1895-
2024?base prd=true&begbaseyear=1901&endbaseyear=2024.
24 Colorado Division of Homeland Security & Emergency Management. 2023. "Colorado Enhanced State Hazard Mitigation Plan
2023-2028". htti)s:Hdrive.google.com/file/d/lMPLOOiv-yZYDIMziTvYkRl2s35FzG-G8/view.
24 Eagle County Hazard Mitigation Plan 12025
Section Five I Risk Assessment Summary
ground subsidence events in Eagle County, this has been mostly taken care of by local building
codes and development regulations. The Planning Team could not identify any further mitigation
actions so this hazard will not be specifically profiled in the plan.
Hail
Hail has rarely occurred in Eagle County in the past. Since 1996, National Centers for
Environmental Information (NCEI) data has reported two hail events in Eagle County. Both hail
events were sized at 0.75 inches and did not cause any reported damage.25 Due to the lack of
historical events, the likelihood of future occurrences is low and therefore this hazard has not
been profiled in this plan.
Pandemic
As shown by the most recent Covid-19 Pandemic, a disease outbreak pandemic can occur in any
location and have a large impact on people and the local economy. However, in discussions with
the planning team, it was decided that the Pandemic hazard would not be profiled in this hazard
mitigation plan. The planning team felt this hazard would be better addressed in plans created by
the state and local health department.
Pest Infestation
Eagle County's primary concern regarding pest infestation is tree kill leading to increased wildfire
risk. Both the Western Balsam Bark Beetle and the Western Spruce Budworm are active in the
county and can kill fir and spruce trees.26 Pests impacting wildfire risk is discussed in the wildfire
risk assessment. Because of this, pest infestation will not be individually profiled in this plan.
Tornado
Tornadoes have very rarely occurred in Eagle County in the past. Since 1996, NCEI data reported
one tornado event in Eagle County. This tornado was an FO and did not result in any damage.
Due to the lack of historical events, this hazard has not been profiled in this plan.
The following table provides an overview of the data contained in the hazard profiles. This table
is intended to be a quick reference for people using the plan. There are five main pieces of data
used within these tables.
Property and Crop Damage in Dollars: This is the total dollar amount of all property
damage and crop damage as recorded in federal, state, and local data sources. The
limitation to these data sources is that dollar figures usually are estimates and often do
not include all damages from every event, but only officially recorded damages from
reported events.
• Total Years of Record: This is the span of years there is data available for recorded
events.
• Number of Hazard Events: This shows how often an event occurs. The frequency of a
hazard event will affect how a community responds. Severe winter weather may not cause
25 National Centers for Environmental Information. May 2023. "Storm Events Database".
https://www. ncdc. noaa.gov/stormevents/choosedates. isp?statefips=8%2CCOLORADO.
26 Colorado State Forest Service. 2023. "Current Insect & Disease Activity in Colorado." https://csfs.colostate.edu/forest-
m anapeme nt/com m on-forest-i n sects -diseases/.
Eagle County Hazard Mitigation Plan 12025 25
Section Five I Risk Assessment Summary
much damage each time, but multiple storms can have an incremental effect on housing
and utilities. In contrast, severe wind can have a widespread effect on a community.
• Annual probability: This can be calculated based on the total years of record and the
total number of years in which an event occurred. An example of the annual probability
estimate is found below:
Annual Probability (%) --
Total Years with an Event Occuring (#)
Total Years of Record (#)
x 100
The following table provides loss estimates for hazards with sufficient data. Detailed descriptions
of major events are included in Appendix A: Full Risk Assessment and Section Eight: Participant
Profiles. It should be noted that NCEI data are not all inclusive and the database provides very
limited information on crop losses. To provide a better picture of the crop losses associated with
the hazards within Eagle County, crop loss information provided by the Spatial Hazard Events
and Losses Database for the United States (SHELDUS) was utilized for this update of the plan.
Data for all the hazards are not always available, so only those with an available dataset are
included in the loss estimation.
Table 11: Loss Estimation for Eagle County
Type
Avalanche"
Number of
Events
14
PropertyHazard D.
N/A
.. Damage 2
N/A
Drought'
551 out of
1,545 Months
$0
$943,396
Floods
Flash Flood'
22
$727,500
$172,414
Flood'
10
$3,240,000
Dam Failure
4
N/A
N/A
Intentional Attack"
1
$24,000,000
N/A
Landslides'
19
$3,206,000
$0
Lightning2
8
$513,379
$0
Severe Wind'
Strong Wind
7
$35,500
$9,747
Thunderstorm
Wind
32
$14,000
Severe Winter
Weather'
Blizzard
3
N/A
N/A
Extreme
Cold/Wind Chill
1
N/A
Heavy Snow
178
N/A
Ice Storm
1
N/A
Winter Storm
441
N/A
Winter Weather
939
N/A
Transportation
Incidents
Auto'
14,700
N/A
N/A
Aviation$
49
N/A
Rai19
30
$16,421,960
Hazardous
Materials
Release'0,12
87
$1,044,567
26 Eagle County Hazard Mitigation Plan 12025
Section Five I Risk Assessment Summary
Hazard Type Number of Property D. .. Damage
Events
Wildfires 1,447 $14,030,000 $0
Total 17,993 $63,232,906 $1,125,557
1— NCEI. 1996 — Mav 202327
2 — SHELDUS, 1960 — 202128
3 — Stanford University, 1890 — September 202321
4 — University of Maryland, 1970-2020.30 Eagle County Planning Team
5 — NCEI, 1895 — September 202331
6 — U.S. Forest Service, 1992 — 202032
7 — Colorado Department of Transportation, 2010 — 202233
8 — National Transportation Safety Board, 1962 — September 202334
9 — Federal Railroad Administration, 1975 — July 202335
10 — Pipeline and Hazardous Materials Safety Administration, 1971 — 202235
11 — Colorado Avalanche Information Center, 2010 — 202337
12 — Colorado State Patrol, 2013 — 202338
Table 12: County Risk
Assessment
OccurrencePrevious
Events/Years of
Probability
Likely Extent
Avalanche"
RecordHazard
10/14
71%
D1-D5
Droughts
551/1,545 months
36%
D1-D4
Some inundation of
Floods: 19/27
Floods: 70%
structures (5% of structures)
Floods','
Dam Failure: 4/133
Dam Failure: 3%
and roads near streams.
Some evacuations of people
may be necessary
Intentional Attack4
1/51
2%
Varies by event
Landslides'
11/27
41%
Varies by event
Lightning2
61/61
100%
Varies by event
Severe Wind'
13/27
48%
Avg: 65 mph
Range: 52-92 mph
27 National Centers for Environmental Information. May 2023. "Storm Events Database"
https://www. ncdc. noaa.gov/stormevents/choosedates. isp?statefi ps=8%2CCOL0RADO.
28 Arizona State University. 2021. "Spatial Hazard Events and Losses Database for the United States".
https://sheidus.asu.edu/SHELDUS/.
29 Stanford University. September 2023. "National Performance of Dams Program: Dam Incident Database."
http://npdp.stanford.edu/dam—incidents.
30 University of Maryland and National Consortium for the Study of Terrorism and Response to Terrorism. 1970-2020. "Global
Terrorism Database". hftps://www.start.umd.edu/qtd/.
31 National Centers for Environmental Information. 1895-Sept 2023. "County Time Series".
https://www.ncei. noaa.gov/access/monitoring/climate-at-a-glance/county/time-series/CO-037/pdsi/all/9/1895-
2023?base prd=true&begbaseyear=1901&endbasevear=2000.
32 U.S. Forest Service. 2022. "Spatial Wildfire Occurrence Data for the United States, 1992-2020".
httr)s://www.fs.usda.gov/rds/archive/catalog/RDS-2013-0009.6.
33 Colorado Department of Transportation. 2010-2022. "Colorado Crash Data Dashboard".
https://tableau.state.co.us/t/CDOT/views/CD0TCrashSummaryAVtestver2 0/StatewideSummarv?%3Aorigin=card share
link&%3Aembed=v&%3AisG uestRed i rectFromV izportal=v.
34 National Transportation Safety Board. 1962-September 2023. "Aviation Accident Database'.
https://www.ntsb.gov/Pages/AviationQuervV2.aspx.
35 Federal Railroad Administration. 1975-July 2023. "Summary of Train Accidents with Reportable Damage, Casualties, and Major
Causes". hftps://safetydata.fra.dot.gov/OfficeofSafety/publicsite/query/TrainAccidentDamage.aspx.
36 Pipeline and Hazardous Materials Safety Administration. 1971-2022. 'Incident Statistics: Colorado".
https://www. phmsa. dot.gov/hazmat-program-management-data-and-statistics/data-operations/i ncident-statistics.
37 Colorado Avalanche Information Center. 2023. "Colorado Avalanche Accidents".
https:Havalanche.state.co.us/accidents/colorado.
38 Colorado State Patrol. 2013-2023. Direct Communication.
Eagle County Hazard Mitigation Plan 12025
Section Five I Risk Assessment Summary
OccurrencePrevious
RecordHazard Events/Years of
Probability
Likely Extent
Severe Winter
15°-30° below zero (wind
Weather'
27/27
100%
chill)
2-24" snow
Auto: 13/13
Auto: 100%
Transportation
Aviation:33/61
Aviation:504%
IncidentS7,8,1,10,12
Rail: 20/48
Rail: 42 /o
Varies by event
Hazardous Material
Hazardous Material
Release: 11 /11
Release: 100%
Avg 28.4 acres
Wildfires
1,447/29
100%
Homes and structures in the
WUI at risk
1 — NCEI, 1996 — May 202339
2 — SHELDUS, 1960 — 202140
3 — Stanford University, 1890 — September 202347
4 — University of Maryland, 1970-2020.42 Eagle County Planning Team
5 — NCEI, 1895 — September 202343
6 — U.S. Forest Service, 1992 — 202044
7 — Colorado Department of Transportation, 2010 — 202245
8 — National Transportation Safety Board, 1962 — September 202346
9 — Federal Railroad Administration, 1975 — July 202347
10 — Pipeline and Hazardous Materials Safety Administration, 1971 — 202248
11 — Colorado Avalanche Information Center, 2010 — 202349
12 — Colorado State Patrol, 2013 — 202350
39 National Centers for Environmental Information. May 2023. "Storm Events Database".
https://www. ncdc. noaa.gov/stormevents/choosedates. isp?statefips=8%2CCOLORADO.
40 Arizona State University. 2021. "Spatial Hazard Events and Losses Database for the United States".
https://sheldus.asu.edu/SHELDUS/.
41 Stanford University. September 2023. "National Performance of Dams Program: Dam Incident Database."
http://npdp.stanford.edu/dam_incidents.
42 University of Maryland and National Consortium for the Study of Terrorism and Response to Terrorism. 1970-2020. "Global
Terrorism Database". https://www.start.umd.edu/gtd/.
43 National Centers for Environmental Information. 1895-Sept 2023. "County Time Series".
https://www. ncei. noaa.gov/access/monitoring/climate-at-a-glance/countv/time-series/CO-037/pdsi/all/9/1895-
2023?base prd=true&begbaseyear=1901&endbaseyear=2000.
44 U.S. Forest Service. 2022. "Spatial Wildfire Occurrence Data for the United States, 1992-2020".
htti)s://www.fs.usda.gov/rds/archive/catalog/RDS-2013-0009.6.
45 Colorado Department of Transportation. 2010-2022. "Colorado Crash Data Dashboard".
https://tableau.state.co.us/t/CDOT/views/CDOTCrashSummaryAVtestver2 0/StatewideSummarv?%3Aorigin=card share
link&%3Aembed=v&%3AisGuestRedirectFromVizportal=v.
46 National Transportation Safety Board. 1962-September 2023. "Aviation Accident Database".
https://www.ntsb.gov/Pages/AviationQuervV2.aspx.
47 Federal Railroad Administration. 1975-July 2023. "Summary of Train Accidents with Reportable Damage, Casualties, and Major
Causes". https://safetvdata.fra.dot.gov/OfficeofSafety/publicsite/query/TrainAccidentDamage.aspx.
48 Pipeline and Hazardous Materials Safety Administration. 1971-2022. 'Incident Statistics: Colorado'.
httr)s://www. ph msa.dot. gov/hazmat-program-management-data-and-statistics/data-operations/incident-statistics.
49 Colorado Avalanche Information Center. 2023. "Colorado Avalanche Accidents".
https://avalanche.state.co.us/accidents/colorado.
50 Colorado State Patrol. 2013-2023. Direct Communication.
28 Eagle County Hazard Mitigation Plan 12025
Section Five I Risk Assessment Summary
FEMA's National Risk Index is an online tool that analyzes natural hazard and community risk
factors to develop a risk measurement for each county in the United States. Eighteen natural
hazards are given a score from very high to very low. The table below gives the National Risk
Index ratings for Eagle County. Risk Index scores are calculated using an equation that combines
scores for expected annual loss, social vulnerability, and community resilience. All values fall
between 0 (lowest possible value) and 100 (highest possible value).
Table 13: National Risk Index
Hazard
Avalanche
Eagle County
Very High 94.7
Coastal Flooding
Not Applicable
Cold Wave
Very Low 27.9
Drought
Very Low 22.2
Earthquake
Very Low 60.0
Hail
Relatively Low 69.0
Heat Wave
No Rating 0.0
Hurricane
Not Applicable
Ice Storm
Relatively Low 49.3
Landslide
Relatively Moderate 94.7
Lightning
Relatively Moderate 83.5
Riverine Flooding
Relatively Low 50.6
Strong Wind
Very Low 3.6
Tornado
Very Low 16.0
Tsunami
Not Applicable
Volcanic Activity
Not Applicable
Wildfire
Relatively Low 65.0
Winter Weather
Very Low 4.0
Overall Score
Very Low 32.01
Source: FEMA51
Presidential Disaster Declarations
Presidential disaster declarations by county are available via FEMA from 1953 to October 2023.
The following table describes the presidential disaster declarations within the county for the period
of record. Eagle County has received nine presidential disaster declarations.
Table 14: Presidential Disaster Declarations
51 FEMA. 'The National Risk Index". Accessed September 2023. https://hazards.fema.gov/nri/map.
Eagle County Hazard Mitigation Plan 12025 29
Section Five I Risk Assessment Summary
Disaster
Declaration
Number
3224
Declaration Date
9/5/2005
Title
Hurricane Katrina Evacuation
Incident Type
Coastal Storm
5249
7/4/2018
Lake Christine Fire
Fire
3436
3/13/2020
Covid-19
Biological
4498
3/28/2020
Covid-19 Pandemic
Biological
5334
1 8/19/2020 1
Grizzly Creek Fire
Fire
Source: Federal Emergency Management Agency, 1953-October 202352
USDA Secretarial Disasters
Several U.S. Department of Agriculture Secretarial Disasters for Eagle County have occurred
since 2012. Table 15 lists these disaster events. All of the disasters were caused by drought.
Table 15:
Year
2012
USDA Secretarial Disasters 2012-2023
Type Declaration Number
Drought S3260
2013
Drought
S3456
2013
Drought
S3548
2013
Drought
S3575
2018
Drought
S4336
2018
Drought
S4352
2018
Drought
S4386
2019
Drought
S4468
2019
Drought
S4481
2020
Drought
S4648
2020
Drought
S4755
2020
Drought
S4770
2020
Drought
S4775
2021
Drought
S4917
2022
Drought
S5147
Source: U.S. Department of Agriculture, 2003-202153
State Emergency Declarations
From 1980 to 2023, there have been 21 emergency declarations from Colorado governors for
events that impacted Eagle County. The table below shows all the declarations, the year they
occurred, the hazard, and locations affected.
Table 16: State Emerciencv Declarations
Delta, Dolores, Hinsdale, Saguache, Mesa,
1984 Flooding Montrose, Moffat, Rio Blanco, Pitkin, San Miguel,
Oura , Eagle, Gunnison Counties
1994 Wildfires Statewide
2002 Wildfires Statewide
2002 Drought Statewide
2003 Sinkhole Interstate 70, Eagle Count
52 Federal Emergency Management Agency. October 2023. "Disaster Declarations". https://www.fema.Clov/oi)enfema-data-
page/disaster-declarations-summaries-v2.
53 U.S Department of Agriculture. 2023. "Disaster Designation Information" https://www.fsa.usda.gov/programs-and-
services/disaster-assistance-program/disaster-designation-information/index.
30 Eagle County Hazard Mitigation Plan 12025
Section Five I Risk Assessment Summary
Year
2003
Type
Snow Emergency
Location Affected
Statewide
2009
Severe Blizzard
Statewide
2009
Severe Spring Snowstorm
Statewide
2013
Winter Storm
Statewide
2017
Wildfire
Statewide
2018
Wildfire
Statewide
2018
Wildfire
Statewide
2018
Drought
40 Counties(Including Eagle Count
2020
COVI D-19
Statewide
2020
Wildfire
Garfield, Eagle Counties
2020
Wildfire
Statewide
2021
Severe Winter Weather
Statewide
2021
Burn Scar Flooding, Mudslides,
Rockslides
Garfield, Larimer, Eagle, Grand, Routt, Rio Blanco,
Pitkin Counties
2022
Avian Influenza
Statewide
2022
Highly Pathogenic Avian Influenza
Statewide
2023
Extreme Cold
Statewide
Source: State of Colorado, 1980-2023"
Information from participating jurisdictions was collected and reviewed alongside hazard
occurrence, magnitude, and event narratives as provided by local, state, and federal databases.
Profiles for each identified hazard in the plan were created to examine their risk and potential
impact in Eagle County. These full profiles can be found in Appendix A: Full Risk Assessment.
Hazards of local concern or events which have deviated from the norm are discussed in greater
detail in each respective participant profile (see Section Eight: Participant Profiles of this plan).
Local planning teams prioritized hazards of concern from the county hazard list based on historical
hazard occurrences, potential impacts, and local capabilities. The table below lists the participants
along with their prioritized hazards of concern. It is important to note that while a jurisdiction may
not have selected a specific hazard as prioritized, hazard events can impact any jurisdiction at
any time and their selection is not a full indication of risk.
54 Colorado Division of Homeland Security & Emergency Management. 2023. "Colorado Enhanced State Hazard Mitigation Plan
2023-2028". htti)s://drive.google.com/file/d/lMPLOOiv-yZYDIMziTvYkRl2s35FzG-G8/view.
Eagle County Hazard Mitigation Plan 12025 31
Section Five I Risk Assessment Summary
Town of
X
X
X
X
G psum
Town of
X
X
X
X
X
Minturn
Town of Red
X
X
X
X
Cliff
Town of Vail
X
X
X
X
X
X
Basalt Library
X
X
District
Basalt
Sanitation
X
X
X
X
District
Berry Creek
X
Metro District
Cordillera Metro
X
X
X
X
District
Eagle County
Paramedic
X
X
X
Services
Eagle County
X
X
X
School District
Eagle River Fire
Protection
X
X
X
District
Eagle River
Water &
X
X
X
X
X
Sanitation
District
Eagle Vail
Metropolitan
X
X
X
District
Eagle Valley
X
X
X
Library District
Eagle Valley
Transportation
X
X
X
X
Authority
Greater Eagle
Fire Protection
X
X
X
X
X
X
District
Gypsum Fire
Protection
X
X
X
X
District
Mountain
Recreation
X
X
X
X
X
Metropolitan
District
32 Eagle County Hazard Mitigation Plan 12025
Section Five I Risk Assessment Summary
Eagle County Hazard Mitigation Plan 12025 33
Section Five I Risk Assessment Summary
This Page Is Intentionally Blank
34 Eagle County Hazard Mitigation Plan 12025
Section Six: Mitigation
Strategy
The primary focus of the mitigation strategy is to identify action items to reduce the effects of
hazards on existing infrastructure and property based on the established goals and objectives of
the hazard mitigation plan. These actions should consider the most cost effective and technically
feasible options to address risk.
The development of the mitigation strategy for this plan update includes the addition of new
mitigation actions, updated status or removal of past mitigation actions, and revisions to
descriptions for consistency across Eagle County.
After establishing the goals, the local planning teams evaluated mitigation and strategic actions.
These actions included: the mitigation and strategic actions identified by each participating
jurisdiction in the previous plan and additional actions discussed during the update planning
process. The Eagle County Planning Team provided each participant a link to the FEMA
Mitigation Ideas document to be used as a starting point to review a wide range of potential
mitigation actions. Participants were also encouraged to think of actions that may need FEMA
grant assistance and to review their hazard prioritization section for potential mitigation and
strategic actions. Members of the Eagle County Planning Team were also available to help local
jurisdictions identify additional action alternatives. These suggestions helped participants
determine which actions would best assist their respective jurisdiction in alleviating damage in the
event of a disaster.
Eagle County Hazard Mitigation Plan 12025 JJ
Section Six I Mitigation Strategy
During the update of previous identified actions and the identification of new actions, local
planning teams prioritized each identified mitigation and strategic action as high, medium, or low.
The listed priority rating does not indicate which actions will be implemented first. Generally, high
priority actions either address a major concern for the jurisdiction, have few to no challenges in
implementation, and/or garner large support from the public and administration. Low priority
actions either address a minor concern for the jurisdiction, have many challenges in
implementation, and/or may not have support from the public or administration at this time.
Medium priority actions may only have one or two of the items listed above. A mitigation and
strategic action's priority may change very quickly as circumstances change.
The mitigation and strategic actions are the core of a hazard mitigation plan. The local planning
teams were instructed that each hazard identified in the plan must have an action that addresses
it. Mitigation and strategic actions were evaluated based on referencing the community's risk
assessment and capability assessment. Jurisdictions were encouraged to choose actions that
were realistic and relevant to the concerns identified.
It is important to note that not all the mitigation and strategic actions identified by a jurisdiction
may ultimately be implemented due to limited capabilities, prohibitive costs, low benefit -cost ratio,
or other concerns. These factors may not be identified during this planning process. Additionally,
some jurisdictions may identify and pursue additional mitigation actions not identified in this
hazard mitigation plan.
Mitigation and strategic actions identified by participants of the HMP are found in the Mitigation
and Strategic Actions Matrix in Appendix D: Mitigation Strategy. Additional information about
selected actions can be found in the participant profiles in Section Eight: Participant Profiles. Each
action includes the following information in the respective community profile.
• Action: General title of the action item.
• Description: Brief summary of what the action item(s) will accomplish.
• Hazard(s) Addressed: Which hazard the mitigation action aims to address.
• Estimated Cost: General cost estimate for implementing the mitigation action for the
appropriate jurisdiction.
• Local Funding: A list of any potential local funding mechanisms to fund the action.
• Timeline: General timeline as established by planning participants.
• Priority: General description of the importance and workability in which an action may be
implemented (high/medium/low).
• Lead agency: Listing of agencies or departments which may lead or oversee the
implementation of the action item.
• Status: A description of what has been done, if anything, to implement the action item.
Implementation of the actions will vary between individual plan participants based upon the
availability of existing information; funding opportunities and limitations; and administrative
capabilities of communities. Establishing a cost -benefit analysis is beyond the scope of this plan
and could potentially be completed prior to submission of a project grant application or as part of
a five-year update. Completed, removed, kept, and new mitigation actions for each participating
jurisdiction can be found in Section Eight: Participant Profiles.
36 Eagle County Hazard Mitigation Plan 12025
Section Seven: Plan
Implementation and
Maintenance
Each participating jurisdiction in the Eagle County Hazard Mitigation Plan will be responsible for
monitoring, evaluating, and updating the plan during its five-year lifespan. Hazard mitigation
projects will be prioritized by each participant's governing body with support and suggestions from
the public and business owners. Each local planning team will be responsible for plan
maintenance, the frequency of review, and how the public will be involved. This information can
be found in each participant's profile under the Local Planning Team section. During the review,
the local planning team can report on the effectiveness of the hazard mitigation plan, the status
of projects and include which implementation processes worked well, any difficulties encountered,
how coordination efforts are proceeding, and which strategies could be revised.
In addition, each local planning team will be responsible for ensuring that the plan's goals are
incorporated into applicable revisions of their jurisdiction's relevant planning documents. The
hazard mitigation plan will also consider any changes in planning documents and incorporate the
information accordingly in its next update. Appendix F: Guide to Review and Update the Hazard
Mitigation Plan may also be used to assist with plan updates.
The FEMA required update of this plan will occur at least every five years, to reduce the risk of
the plan expiring. Updates may be incorporated more frequently, especially in the event of a major
hazard. Eagle County will start meetings to discuss mitigation plan updates at least nine months
prior to the deadline for completing the plan update. The Eagle County Emergency Management
Department will review the goals and objectives of the previous plan and evaluate them to
determine whether they are still pertinent and current. Among other criteria, they may want to
consider the following.
Do the goals and objectives address current and expected conditions?
If any of the recommended projects have been completed, did they have the desired
impact on the goal for which they were identified? If not, what was the reason it was not
Eagle County Hazard Mitigation Plan 12025 37
Section Seven I Plan Implementation and Maintenance
successful (lack of funds/resources, lack of political/popular support, underestimation of
the amount of time needed, etc.)?
• Have either the nature, magnitude, and/or type of risks changed?
• Are there implementation problems?
• Are current resources appropriate to implement the plan?
• Were the outcomes as expected?
• Did the plan partners participate as originally planned?
• Are there other agencies which should be included in the revision process?
If deemed necessary, a private consulting firm or individual will be hired to help facilitate the plan
update process.
To ensure continued plan support and input from the public and stakeholders, public involvement
should remain a top priority for each participating jurisdiction. Every participant identified ways
the public will be involved in the update process. These ways can be found in the individual
participant profiles in Section Eight. Participant Profiles. The following list below shows common
ways participants will involve the public in the updated process.
• Social Media
• Websites
• Board/Council Meetings
• Meeting Minutes
• Email
• Press Releases
If new, innovative mitigation options arise that could impact Eagle County or elements of this plan,
which are determined to be of importance, a plan amendment may be proposed and considered
separate from the annual review and other proposed plan amendments. Eagle County, as the
plan sponsor, provides an opportunity for jurisdictions to compile proposed amendments and send
them to the Colorado Division of Homeland Security and Emergency Management, and
subsequently to FEMA, for a plan amendment. Such amendments should include all applicable
information for each proposal including description of changes, identified funding, responsible
agencies, etc.
The Eagle County Planning Team utilized a variety of plan integration tools to help communities
determine how their existing planning mechanisms were related to the Hazard Mitigation Plan.
Utilizing FEMA's Integrating the Local Natural Hazard Mitigation Plan into a Community's
Comprehensive Plan55 guidance, as well as FEMA's 2015 Plan Integration" guide, each
jurisdiction engaged in a plan integration discussion. This discussion was facilitated by a Plan
Integration Worksheet or set of questions, created by the Eagle County Planning Team. This
55 Federal Emergency Management Agency. November 2013. "FEMA Region X Integrating the Local Natural Hazard Mitigation
Plan into a Community's Comprehensive Plan". https://www.fema.gov/sites/default/files/2020-07/integrating-hazard-
mitigation-local-plan.pdf.
56 Federal Emergency Management Agency. July 2015. "Plan Integration: Linking Local Planning Efforts."
https://www.fema.gov/sites/default/files/2020-06/fema-plan-integration 7-1-2015.pdf.
38 Eagle County Hazard Mitigation Plan 12025
Section Seven I Plan Implementation and Maintenance
offered an easy way for participants to notify the Eagle County Planning Team of existing planning
mechanisms, and if they interface with the hazard mitigation plan.
Each jurisdiction referenced all relevant existing planning mechanisms and provided information
on how these did or did not address hazards and vulnerability. Summaries of plan integration are
found in each individual Participant Profile. For jurisdictions that lack existing planning
mechanisms, especially smaller communities, the plan may be used as a guide for future activity
and development in the jurisdiction.
Figure 6: First Responders at an Emergency Incident
Source: Eagle County
Eagle County Hazard Mitigation Plan 12025 39
Section Seven I Plan Implementation and Maintenance
This Page Is Intentionally Blank
40 Eagle County Hazard Mitigation Plan 12025
Section Eight: Participant
Profiles
Participant profiles contain information specific to jurisdictions participating in the Eagle County
Hazard Mitigation Plan planning effort. Participant profiles were developed with the intention of
highlighting each jurisdiction's unique characteristics that affect its vulnerability to hazards. These
profiles may serve as a short reference of identified vulnerabilities and mitigation actions for a
jurisdiction as they implement the mitigation plan. Information from individual jurisdictions was
collected at public and one-on-one meetings and used to establish their section of the plan.
Participant profiles may include the following elements:
• Location Map
• Local Planning Team
• Capability Assessment
• Plans and Studies
• Future Development Trends
• Community Lifelines
• Hazard Prioritization and Mitigation Strategy
Individual participant profiles can be found in the Eagle County and Community Appendix or
Special Districts Appendix. The location of the profiles is given below.
Eagle County and Community Appendix
Eagle County
Town of Avon
Town of Eagle
Town of Gypsum
Town of Minturn
Town of Red Cliff
Town of Vail
Special Distristricts Appendix
Basalt Library District
Basalt Sanitation District
Berry Creek Metro District
Cordillera Metro District
Eagle County Paramedic Services
Eagle County School District
Eagle River Fire Protection District
Eagle River Water & Sanitation District
Eagle Vail Metropolitan District
Eagle Valley Library District
Eagle Valley Transportation Authority
Greater Eagle Fire Protection District
Gypsum Fire Protection District
Mountain Recreation Metropolitan District
Eagle County Hazard Mitigation Plan 12025 41
Section Eight I Participant Profiles
Roaring Fork Fire Rescue Authority
Vail Recreation District
42 Eagle County Hazard Mitigation Plan 12025
Avon
TO: Honorable Mayor Underwood and Avon Town Council Members
FROM: Chief Greg Daly
RE: Resolution 25-03, Designating the Eagle River Fire Protection District as the
Designated Emergency Response Authority for Hazardous Substance Incidents
occurring within the corporate limits of the Town of Avon.
DATE: January 28, 2025
SUMMARY: This resolution recommends adopting Ordinance 25-03, designating the Eagle River Fire
Protection District (ERFPD) as the Designated Emergency Response Authority (DERA) for hazardous
substance incidents within the corporate limits of the Town of Avon.
BACKGROUND: In 1987, the Avon Town Council designated the Avon Police Department (Avon PD) as
the DERA for hazardous substance incidents within the town. At that time, Avon Police Officers were
reportedly cross trained as firefighters, which may explain why the Avon Fire Department was not
designated.
In 2001, the Avon Fire Department transitioned into the Eagle River Fire Protection District (ERFPD). On
December 31, 2024, Chief Bauer communicated to Chief Daly that Avon PD was still listed as the DERA
despite ERFPD already managing hazardous substance responses in practice with Avon. This resolution
seeks to align the formal designation with the current operational reality by designating ERFPD as the
DERA for hazardous substance incidents within the corporate limits of Avon.
LEGAL REVIEW: The Town Attorney's Office has reviewed and approved this resolution.
FINANCIAL CONSIDERATIONS: Adopting this resolution has no identifiable additional financial impact.
RECOMMENDATION: Adopt Resolution 25-03, designating the Eagle River Fire Protection District as the
DERA for hazardous substance incidents within the corporate limits of Avon.
MANAGER'S COMMENTS:
PROPOSED MOTION: "I move to approve Resolution 25-03, designating the Eagle River Fire Protection
District as the Designated Emergency Response Authority for hazardous substance incidents occurring
within the corporate limits of the Town of Avon."
ATTACHMENT A: Resolution 25-03
Thank you, Chief Greg Daly
(970) 748-4040 gdaly@avon.org
ATTACHMENT A
n
,ovon
COLORADO
RESOLUTION 25-03
DESIGNATING THE EAGLE RIVER FIRE PROTECTION DISTRICT AS THE
DESIGNATED EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS
SUBSTANCE INCIDENTS OCCURRING WITHIN THE CORPORATE LIMITS OF
THE TOWN OF AVON.
WHEREAS, § 29-22-102 C.R.S. states "1. The governing body of every town, city, and city and
county shall designate by ordinance or resolution an emergency response authority or authorities
for hazardous substance incidents occurring within the corporate limits of such town, city, and city
and county. The governing body shall annually report the designation to the hazardous materials
section of the Colorado state patrol. Unless otherwise designated by ordinance or resolution, the
fire authority responsible for the area within the corporate limits of such town, city, or city and
county is the designated emergency response authority (emphasis added)".
WHEREAS, In 1987, Ordinance 87-7 designated the Avon Police Department as the Town of
Avon's designated emergency response authority.
WHEREAS, The Town of Avon Fire Department merged into the Eagle River Fire Protection
District in 2001. The Eagle River Fire Protection District is the fire service for the town of Avon. The
Eagle River Fire Protection District provides DERA to all other entities within the district.
WHEREAS, the Eagle River Fire Protection District has since its inception effectively responded
to all hazard materials incidents in the Town of Avon.
WHEREAS, the Eagle River Fire Protection District is better equipped, trained and resourced to
provide hazmat related response services than the Avon Police Department.
WHEREAS, the Eagle River Fire Protection District via Chief Karl Bauer brought this situation to
the attention of Chief Greg Daly with the Avon Police department at the end of 2024 and suggested
that the Eagle River Fire Protection District become the DERA for the Town of Avon.
WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Section 1. The above and foregoing recitals are incorporated herein by reference and adopted
as findings and determinations of the Town Council.
Section 2. The Avon Town Council hereby appoints the Eagle River Fire Protection District as
the Town of Avon's Designated Emergency Response Authority.
ADOPTED on January 28, 2025.
By: Attest:
Tamra Underwood, Mayor
Res. 25-03 — Designation of DERA
January 28, 2025
Page 1 of 1
Miguel Jauregui Casanueva, Town Clerk
TO: Honorable Mayor Underwood and Council members
FROM: Ineke de Jong, Chief Administrative Officer
RE: Resolution 25-04 Approving the Expenditure of avon
Community Enhancement Funds
DATE: January 17, 2025 C o L o H A D o
SUMMARY: A resolution is being presented to Council to formally approve the expenditure of Community
Enhancement funds for the 2025 Net Zero Building Conference as required by the Town's franchise
agreement with Holy Cross Energy.
BACKGROUND: Pursuant to the Town's franchise agreement with Holy Cross Energy, the Town receives
one percent (1 %) of the gross revenues collected from the sale of electricity from within the Town's borders.
The funds are eligible to be expended for limitied purposes, as follows:
• Beautification projects
• Energy conservation projects
• Equipment and technology upgrades for schools
• Scholarship funds
• Acquisition of open space and/or park land and development thereof
• Sponsorship of special community events
• Undergrounding of overhead electric and other utility lines
The Town has been in communication with representatives from Holy Cross Energy to discuss the intention
of using the Community Enhancement funds for the 2025 Net Zero Building Conference, that is currently
being planned for April 18, 2025 at the Westin Riverfront. They expressed approval of these expenditures.
FINANCIAL CONSIDERATIONS: If approved, $20,000 from the Community Enhancement Fund would be
used for this purpose.
RECOMMENDATION: I recommend Council approves resolution 25-04
PROPOSED MOTION: "I move to approve Resolution 25-04, a Resolution Approving the Expenditure of
Community Enhancement Funds from Holy Cross Energy as Provided for in Article 11, Town of Avon
Ordinance 01-01, Series of 2001 ".
Thank you, Ineke
ATTACHMENT A: Resolution 25-04
ATTACHMENT B: Holy Cross Energy Community Enhancement Fund History
970.748.4013 idejong@avon.org
ATTACHMENT A
A
. von
C 0 L 0 R A D O
RESOLUTION 25-04
APPROVING THE EXPENDITURE OF
COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY
AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE 01-01.
WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance 01-01,
Series of 2001 which granted a franchise to Holy Cross Energy; and
WHEREAS, Article 11 of Ordinance 01-01 provides that Holy Cross Energy will voluntarily
make monetary resources available to the Town for programs designed to make a difference in
people's lives and the communities in which they reside; and
WHEREAS, Section 11.1 of Ordinance 01-01 limits the use for which such funds shall be
spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment
and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space
and/or park land and development thereof, (6) Sponsorship of special community events;
and, (7) Undergrounding of overhead electric and other utility lines. Funds made available
under this Article may be spent for other purposes only with the express written consent of
the Company; and
WHEREAS, Section 11.4 of Ordinance 01-01, provides that the Town Council is required to
approve the expenditure by resolution or ordinance duly enacted by the Town Council, and
such resolution or ordinance shall clearly describe the nature and purpose of the project for
which the expenditure is made and that prior to any expenditure, the Town shall notify the
Company of its intended use of the funds. Unless the Company objects, in writing, prior to
such expenditure, the Company shall have waived its right to object in the future if the funds
are expended for the use identified in the notice.
NOW, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement Funds as
shown in Exhibit A and Attachment B attached hereto. The Town Council believes that the
expenditure of these funds meets the intent and purpose of Article 11 of Ordinance 01-01 and
the projects as described in Article 11.1 hereof.
Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with
Section 11.4 of Ordinance 01-01, Series of 2001.
ADOPTED JANUARY 28, 2025 BY THE AVON TOWN COUNCIL
By:
Tamra N. Underwood, Mayor
Resolution No. 25-04
January 28, 2025
Page 1 of 1
Attest:
Miguel Jauregui Casanueva, Town Clerk
EXHIBIT A
HOLY CROSS ENERGY COMMUNTIY ENHANCEMENT FUND
PROPOSED PROJECT
Proposed Project:
2025 NET ZERO BUILDING EXPO
The Town is organizing a FREE, informative event focusing on how homeowners can shrink
their carbon footprint. This event will take place on April 18, 2025 at the Westin.
Description of the event: Welcome to the 2025 Net Zero Building Expo! Join us on Friday,
April 18, 2025 at The Westin Riverfront Resort & Spa in Avon, CO. This in -person event is a
must -attend for anyone interested in shrinking their carbon footprint and the many programs
available to help you through this process. Learn from industry experts, hear from homeowners
who have had success with this process, and network with like-minded individuals. Don't miss
out on this opportunity to be a part of the future of green construction. See you there!
A
Avon
3RD ANNUAL
NET ZERO BUILDING EXPO
FRIDAY, APRIL 18, 2025 1:00PM
A FREE event for Home Owners_
• Increase Energy Efficiency
• Reduce Utility Bills
• Reduce Green House Gas
Emissions
• Learn about Energy Rebates
• Sign -Up for Free Energy Audit
Networking Reception to Follow
Presentations
The Westin Riverfront
Resort and Spa
Avon, Colorado
EXHIBIT B
ATTACHMENT B
COMMUNITY ENHANCEMENT
FUND HISTORY
Original
Revised
Calendar
Amount
Budget
Budget
Actual
Ending
Year
Received
Budget Request
Amount
Amount
Expenditure
Balance
20011
$ 4,000
$ -
$ -
$ -
$ 4,000
20011
32,356
-
-
-
36,356
20021
42,824
-
-
-
79,180
20031
44,766
-
-
-
123,946
20041
50,664
-
-
-
174,610
20051
60,699
-
-
-
235,309
2006
64,133
-
-
-
299,442
Purchase of Wind Power
60,000
-
-
2007 2
62,907
Energy Audit
-
28,000
26,252
336,097
Whitewater Rodeo
36,000
36,000
36,000
LED Holiday Lighting
10,800
10,800
10,800
2008
74,585
Appraisal for Open Space
15,000
15,000
15,000
348,882
Fleet Maintenance Lighting
20,000
20,000
20,000
Ironkids
30,000
30,000
30,000
2009
70,136
LED Holiday Lighting
10,000
10,000
10,000
359,018
Avon Rec Center Lighting
40,000
29,000
29,000
Ironkids
20,000
20,000
20,000
Nottingham Park Pavilion 3
200,000
40,000
40,000
2010
71,067
Fishing Pier
20,000
20,000
20,000
321,085
Ironkids
10,000
10,000
10,000
World Alpine Championships
50,000
-
-
2011
74,383
Undergrounding 4
100,000
-
-
385,468
2012
72,862
Mall Improvement Project 5
250,000
-
-
Undergrounding 4
100,000
-
-
458,330
2013
84,398
Heat Recovery Expansion 6
350,000
-
-
542,728
2014
78,268
Nottingham Park Restrooms
275,000
-
-
Avon Mall Improvement
-
608,000
608,000
12,996
2015
77,473
Nothing Budgeted
-
-
-
90,469
2016
71,736
Undergrounding
100,000
-
-
62,205
2017
78,545
Undergrounding
158,000
142,000
140,750
-
2018
83,009
Undergrounding
80,000
80,000
-
83,009
2019
83,072
Nothing Budgeted
-
-
-
166,081
2020
81,392
Dancing in the Park
-
30,000
-
247,473
Page 1
EXHIBIT B
COMMUNITY ENHANCEMENT FUND HISTORY
2021 82,448 Undergrounding 120,000 - - 329,921
W. Avon Preserve 28,500 28,500 28,500 301,421
Dancing in the Park 30,000 - - 301,421
2022 87,665 Undergrounding 120,000 - - 389,086
Building Electrification Conference 16,000 - 11,312 377,774
2023 91,103 Undergrounding 120,000 - 120,000 348,877
Building Electrification Conference - - - 348,877
2024 90,000 * Undergrounding 100,000 - 100,000 338,877
Building Electrification Conference 20,000 - 14,277 324,600
2025 90,000 Undergrounding 361,000 - - 53,600
Building Electrification Conference 20,000 - - 33,600
* Revenues for 2024 have not been finalized.
Notes:
1) Amounts received from 2001-2005 were accounted for in the General Fund. In 2006 a separate fund was established for
the Community Enhancement monies. A transfer from the General Fund in the amount of $235,309 was made to establish
the new Community Enhancement Fund. Because of an oversight, the amount transferred was $2,000 more than the actual
amounts received from 2001 -2005.
2) In 2007, the Town budgeted $60,000 for purchasing wind power. It was subsequently learned that the use of Community
Enhancement funds was not allowed for this purpose. Subsequently, $26,252 was used for an energy audit of the Town's
facilities.
3) The Nottingham Park Pavilion project for which Community Enhancment funds were approved in the amount of
$200,000, was subsequently removed from the Town's long-range CIP program due to the cost of the project and lack of
Town funds available. A total of $40,000 in Community Enhancement funds was used for the design cost, with the remainec
turned back as unused.
4) The US Hwy 6 Trail undergrounding project has been delayed due to high project costs related to the Eagle Valley Trails
projects.
5) The Mall Improvement Project was delayed due to the impending development of Lot 61.
6) The original proposal to extend the Town's Heat Recovery system along the length of the Mall and connect with the
Wyndham and Avon Station was re-evaluated during the process for approving the Wyndham development on Lot 61.
Page 2
EAGLE
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LAND
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Our mission is to protect forever, as a
permanent legacy, the lands we love,
including its scenic beauty, recreational
opportunities, and wildlife habitat.
FOCUS AREAS
Land Conservation
• 14,028 acres protected
• 38 conservation easements
• 1 property transferred to federal
ownership
Stewardship
• Annual site monitoring
• Landowner resources
• Stewardship projects
Community Engagement
• Programs and outreach
Advocacy
EAGLE
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LAND
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Photo: Eagle Valley Wild
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WEST "ON PRESERVE 40
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Conservation easement signed: 2013
Total acreage: 478
Conservation values: Public recreation and education, open space,
relatively natural habitat
PROGRAM
SPOTLIGHT
Community Land
Connection Series
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Photo: Eagle Valley Land Trust,
1+
PARTNERSHIP
OPPORTUNITIES
Conservation Easements
• Public and private land
• Tax benefits for
landowners
Land Acquisition Projects
Stewardship Projects
• Volunteer recruitment
Community Engagement
• Adult and youth programs
• Outreach
DOUBLING
CONSERVATION
Doubling Engagement
• Expand community outreach
• Facilitate more diverse program
offerings
Doubling Resources
• Increase landowner resources
• Fund more conservation
easement transactions
Doubling Strategies
• Create and implement new
conservation tools
EAGL
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:) Al 1
TO: Honorable Mayor Underwood and Council members
FROM: Jena Skinner, Planning Manager
RE: Interview and Appointment to Planning and Zoning
Commission
DATE: January 23, 2025
A
Avo n
C 0 L 0 H A D 0
SUMMARY: The Planning and Zoning Commission ("PZC") has one (1) immediate open seat to fill out of
the seven (7) required. Since former committee member, Kevin Hyatt was elected to the Avon Town
Council, Staff is seeking to fill his vacancy through his two (2) year term which ends in May 2026. Please
see the Applicant information, provided as Attachment A.
QUALIFICATIONS: Section 7.12.040 Planning and Zoning Commission of the Avon Municipal Code
requires that five (5) of the seven (7) voting members of the PZC be registered electors of the Town at the
time of appointment. At this time, the PZC is deficient one (1) Avon elector. Additionally, it is highly
recommended that the composition of PZC shall strive to achieve a balance in the membership between
the lay community and industry professionals such as Architects, Landscape Architects, Designers, Real
Estate Developers, contractors, or similar. Applicants for this open position need to reside in Avon and
should possess in-depth knowledge of Avon and its community.
Please note that there will be three (3) reappointments in May of 2025 for those members whose terms
cycle in odd years. Please see table below for more detailed information.
SOLICITATION: The Town continually advertises for the Planning and Zoning Commission on Avon.org/jobs
and periodically through the Vail Daily and other media sources such as press releases, social media posts, and
ongoing paid advertisements in the Vail Daily. The solicitation includes a questionnaire for applicants to fill out
and the responses are attached ("Attachment A") to this report with other submittal items.
COMMITTEE COMPOSITION: Provided in the table below, is a summary of the current committee
members along with their professions.
PZC Member
Term
Expires
Avon
Elector
Industry Professional
Status
Anthony Sekinger
May 2025
Yes
Yes
Construction Project
Up for renewal
Manager
2025
Olivia Cook
May 2025
No
Yes
Planner / Housing
Up for renewal
2025
Brad Christianson
May 2025
Yes
No
Restaurant Employee
Up for renewal
2025
Carly Hanson
May 2026
Yes
Yes*
Architect
Up for renewal
2026
Nicole Murad
May 2026
Yes
No
Immigration Attorney
Up for renewal
2026
Brian Sipes
May 2026
No
Yes*
Architect
Up for renewal
2026
Kevin Hyatt
May 2026
Yes
Small Business Owner
*Industry Professional and architect, landscape designer, or designer
970-748-4446 jskinner@avon.org
Page 1 of 2
PROPOSED APPLICANTS:
Name
Avon Elector
Industry Professional
Nancy Beerman Tashman
Yes
Yes*
Master Gardner / Health & Wellness
Gregg Cooper
Yes
No
Finance
Charles "Chuq: Yang
Yes
No
Cyber Security
Nayely Rincon
Yes
No*
Graphic Designer / Marketing
*Industry Professional and architect, landscape designer, or designer
APPOINTMENT FORMAT: 45 minutes is scheduled for PZC appointments. I recommend the meeting order
below. Each applicant should be given five minutes to explain their interest and answer questions. Proposed
meeting order:
Appointment Process:
• Town Clerk Distributes Ballots
• Town Council Members nominate four (4) persons
• Town Clerk Announcement of Voting Results
RECOMMENDATION: I recommend Council appointment one (1) new PZC member for the immediately
open seat/vacancy, finishing out the remaining term expiring May 2025.
PROPOSED MOTION: "I move to appoint to immediately fill out the
vacancy of a term expiring May 2026, on the Town of Avon Planning and Zoning Commission."
Thank you, Jena
ATTACHMENTS:
Attachment A —Applicant Information
PZC Appointment 2025
Page 2 of 2
APPLICANT:
NANCY BEERMAN TASHMAN
Nancy Beerman Tashman, MA
406
EXPERIENCE
Health, Wellness and Fitness
2019-2020
Avon Recreation Center; Avon, CO
2012-2018
LA Fitness; Houston, TX and Pittsburgh, PA
2016-2017
Bellaire Parks and Recreation; Bellaire, TX
2015-2017
Chevron Employee Wellness Center; Houston, TX
2007-2012
Perfectly Fit Corporate Services; Pittsburgh, PA
2002-2006
Jewish Community Center; West Bloomfield, MI
2000-2003
Farmington Family YMCA; Farmington, MI
Molecular Biology Research
1993-1994 University of Michigan; Ann Arbor, MI
1991-1992 Syntex; Palo Alto, CA
1986-1991 Applied ImmuneSciences; Menlo Park, CA
1982-1986 Zoecon; Palo Alto, CA
1980-1982 Eli Lilly; Indianapolis, IN
EDUCATION
1999 University of Michigan; Ann Arbor, MI: MA in Kinesiology
1980 Indiana University; Bloomington, IN: MA in Zoology
1978 Ohio State University; Columbus, OH: BS in Genetics
COMMUNITY
SERVICE
2022-present
Avon Health and Recreation Committee; Avon, CO
2022-present
Betty Ford Alpine Gardens, Docent; Vail, CO
2018-2019
Houston RSPCA, Volunteer in Animal Care; Houston, TX
2010-2014
Mt. Lebanon Public Library, Store Volunteer; Pittsburgh, PA
2007-2010
Mt. Lebanon Public Schools, Writers' Workshop; Pittsburgh, PA
2004-2006
Farmington Public Schools, Nutrition Comm.; Farmington, MI
2001-2006
Farmington Community Pavilion Project; Farmington, MI
1998-1999
Farmington P1ayScape Project; Farmington, MI
1) What is your personal history or timeline living and/or working in Avon?
My husband and I purchased our condo in Canyon Run in 2016. We moved
here full-time in 2019.
2) What is your current occupation? Have you performed work that relates to planning,
zoning, development, or design?
I'm retired. I don't have any particular relevant experience, just a love of living in
Avon. I am a certified Master Gardener (2022) and can provide an amateur
opinion on landscaping issues.
3) Have you previously or are you currently serving on other community groups, boards,
or commissions? If yes, please provide the name(s) of the organization(s) and approximate
dates of time served.
I've just been appointed to a second term on the Avon Health and Recreation
committee. I'm a docent at Betty Ford Alpine Gardens (2022-present). I'm also
on the HOA board of Canyon Run (2022-present). I serve as a precinct
committee person (PCP) for the Eagle County Democratic Party (2020-present).
4) Please tell us why you wish to serve on the Town of Avon Planning and Zoning
Commission.
I'm an enthusiastic resident of Avon, and I'd like to be involved in developing the
future of our community. I believe in community service, and this is a way for me
to give my time and energy to Avon while developing deeper roots here.
5) What is your "long range" vision for Eagle County? What is your long range vision for
the Town of Avon? How does the Town of Avon fit within this larger vision for the area?
In my opinion, Eagle County needs to focus on fostering an economically
diverse population to survive long-term: affordable housing, excellent public
schools, friendly to small businesses. We also need to focus on resiliency and
sustainability as we look to a future with a changing climate. Water usage and
conservation will only increase in importance. We are blessed with incredibly
beautiful natural resources that must be preserved for the future.
Avon can fit into this vision with a focus on affordable housing, thoughtful
business development and year-round programming opportunities. Continued
6) What are the 2 most important issues currently facing the Town of Avon?
Affordable housing is by far the most important issue facing Avon. We should
strive to continue to be a diverse community.
Parking and traffic flow (vehicular and pedestrian) along with business
development tie for my next two issues of concern.
7) Please add any other additional comments that you would like to share.
I'm a huge fan of living in Avon. I'm interested in serving on this board for
several reasons. As a resident, I'm interested in participating in the future path of
Avon. I also see serving as a way to deepen my ties to my relatively new home.
As a retiree, I have time and energy and believe that I have a responsibility to
give back to my community.
APPLICANT:
GREGG COOPER
Subject: FW: Planning and Zoning Commission Member Application
Attachments: General -Employee -Application _ Gregg M Cooper.pdf, TOA PZC Questions Final_Cooper.pdf
Good morning,
My name is Gregg Cooper. I write please, for consideration to serve the Town of Avon Planning and Zoning
Commission.
My interest is to serve the community, however I have no illusion the details of this position require a learning
curve and will be studious along the way to assure time is most effective.
I thank the Town for continued top-level living.
With best regards,
Gregg
Gregg Cooper
EMPLOYMENT APPLICATION A
Post Office Box 975, 100 Mikaela Way, Avon, CO 81620 Avon
iobs(a)avon.ora or 970-748-4025 (Human Resources)
' - C: U LUFik GU
INSTRUCTIONS FOR COMPLETING APPLICATION
• An application must be completed for each position you are applying.
• Answer each question fully and accurately. PLEASE PRINT or TYPE, except for signature on back of application.
None of the questions are intended to imply illegal preference or discrimination based upon non -job related information.
The Town of Avon is dedicated to the principles of Equal Employment Opportunity
in any term, condition, or privilege of employment.
The Town does not discriminate against applicants on the basis of age, race, sex, color, religion, gender, national origin,
disability, sexual orientation, marital status or any other status protected by federal, state or local law.
Employment decisions are based on merit and business needs.
POSITION VACANCY INFORMATION
For what position are you applying? Plan Zoning Commission Member Date of Application: Nov 13 202
(An application is required for each position you are applying.)
Referred By: ®Town Website ❑Newspaper Advertisement ®Other Website or Publication: TofA Newsletter
❑Walk-in ❑Friend ❑Relative ❑Town of Avon Employee:
(Include name of Town employee)
PERSONAL INFORMATION
Last Name:Cooper First Name: Gregg Middle Initial:M
Mailing Address: ■
What type of employment are you seeking? ❑Full -Time ®Part -Time Regular ❑Part -Time Seasonal
What date are you available to start work?As needed
Are you at least 18 years old? (If you are hired, you may be required to submit proof of age.) Wlyes Ono
Have you ever applied to the Town before? ®yes Ono If yes, when? Various committee applications
Have you been employed by the Town before? Dyes ®no If yes, when?
List any relatives employed by the Town or who are elected officials of the Town: None
If currently employed, do you expect to engage in additional business or employment outside your position at the Town
of Avon? ®yes ❑ no If yes, please explain: Family business, other committees
Do you ❑speak, ❑ read, or ❑write any language(s) other than English? Please list:
Are you prevented from becoming lawfully employed in this country due to Visa or Immigration status? ❑yes ®no
Are you presently employed? Dyes W1no May we contact your current employer? ®yes Ono
If yes, whom do you suggest we contact? NA - glad to provide history
Are you on a lay-off or subject to recall? Dyes W]no
Have you ever been fired from a job or asked to resign? Dyes ❑no
If yes, please explain:
SPECIAL SKILLS
What special skills, training, certifications, equipment operations, computer knowledge, or extracurricular activities
(other than religion)?Mediation, top down or bottom up approach, as needed.
EDUCATION
Check highest attained: ❑High School ❑✓ College/University Did you graduate? Eyes Ono
Schools Attended High School,
Colleges, Trade Schools
The American University
Thunderbird. Schl Global Mat
Location Degree or Certificate
Received
Washinqton, D.C. BA Comm Law Econ Govt
Glendale. AZ Master International Mat
DRIVER'S LICENSE
Employees applying for positions requiring a Commercial Driver's License (CDL) will need to comply with Federal and State
drug and alcohol testing requirements.
Have you had your driver's license suspended or revoked in the last 3 years? ❑yes ®no
If yes, give details:
EMPLOYMENT EXPERIENCE
Reason for Leaving: NA
Name of Employer:
Address:
Job Title:
Phone Number:
Responsibilities: Industry development through capital spending or Joint Venture development.
Reason for Leaving: Miss it greatly, returned for family.
Name of Employer: If I may kindly turn to the CV from 2014 Phone Number:i)rior
Address: City: State:
Job Title: Supervisor: Dates of Employment
Responsibilities:
Reason for Leaving:
Zip Code:
Name of Employer: Phone Number:
Address:
City:
State: Zip Code:
Job Title:
Responsibilities:
Reason for Leaving:
Supervisor:
Dates of Employment
APPLIES TO TRANSIT EMPLOYEE ONLY
Have you failed or refused a DOT pre -employment test in the last 24 months? ❑yes ❑no
If yes, give details:
REFERENCES
Give name, address, and telephone number of three people who are not related to you and are not previous employers,
who you have known at least one year.
1) Name:Eric Heil Address: (haven't discussed w him) Phone Number:
2) Name: Her Honor Sarah Hvmes Address: (haven't discussed w her) Phone Number:
3) Name: Address: Phone Number:
AGREEMENT
I certify that the answers given herein are true and complete to the best of my knowledge. 1 authorize The Town to
conduct background investigation, reference checks or verification of application information it deems necessary in
arriving at an employment decision. 1 understand that misrepresentation or omission of any information in the
application process will be deemed grounds to reject my application or to terminate employment if already hired. I
understand that this application is not intended to be a contract of employment. In the event of employment, I
understand, also, that 1 am required to abide by all rules and regulations of the Town of Avon.
Signature of applicant: e0b&M-aea14aW-a5b3-04fa1 a5124b1 o,0,te11y s,e dby eObeeer3-..1-4e30-e5b3-04f.1.5124b1 11-13-2024 — 202402AG21:5123-0 Date:
1) What is your personal history or timeline living and/or working in Avon?
Thank you. I have been a resident of Avon for approximately one year and an
investor since early 2020, joined the associated HOA board shortly after.
Since moving to Avon, I've sought to continuously improve our great community
by joining on to organizations supporting the community. A recent example
(besides the Town of Avon DDA) is the Eagle County School Board
2) What is your current occupation? Have you performed work that relates to planning,
zoning, development, or design?
I am retired, and have devoted time to the Eagle County Commissioner
elections as well as spending time on a family business occurring in Weld
County.
The nine years prior, I've designed mechanisms to help create industries in
Saudi Arabia. The planning, zoning, development, and design of plants,
3) Have you previously or are you currently serving on other community groups, boards,
or commissions? If yes, please provide the name(s) of the organization(s) and approximate
dates of time served.
Recent Appointments:
MSV - Hospital with facilities from Utah to Arizona, Board Member
Energy Capital Credit Union - Credit Union with roots to Houston and ExxonMobil, Board Member
Locally:
Eagle County School District: District Accountability Advisory Committee
Eagle County Commissioner District One: Candidate, to end shortly
Town of Avon DDA
Eagle County political party Central Committee: Vice Chairman
4) Please tell us why you wish to serve on the Town of Avon Planning and Zoning
Commission.
(apologies to repeat), I continue to believe planning is the cornerstone for
aligning and executing visions. I choose to live here for a reason. The Town of
Avon is executing on all cylinders. I want to be a part of this.
In short, I simply wish to serve and improve the community. Planning is the
instrumental step for forming the future and the Town of Avon Planning and
Zoning Commission is at the center of this process (with Council guidance).
5) What is your "long range" vision for Eagle County? What is your long range vision for
the Town of Avon? How does the Town of Avon fit within this larger vision for the area?
Eagle County Long Range Vision: Two items please: 1) diversification of
industries outside of tourism which in turn creates jobs that provide
compensation strong enough to allow for employee home ownership and 2) the
beginning of generational wealth development.
Town of Avon long range vision: I would like to find a solution for welcoming
pedestrians and vehicles together bridging the commercial and residential on
each side of Avon Road and perhaps connectors to other neighborhoods such
as Nottingham Park across to the areas near Post Boulevard. Finally, the q
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6) What are the 2 most important issues currently facing the Town of Avon?
ffordable housing
raffic
7) Please add any other additional comments that you would like to share.
As always, I thank the Town of Avon for the beautiful living that is possible here
and am glad to contribute in any manner requested by the Council.
With best regards,
Gregg Cooper
APPLICANT:
CHARLES "CHUQ" YANG
Charles "Chuq" Yang
BAO Systems Washington, DC
Cyber Solutions Architect December 2022 -present
• Member of Enterprise Architecture Council that advises on all aspects of workflow
• Led implementation of Single Sign On (Okta) across multiple applications
• Serve as SME for vulnerability management tasks, ATO, and systems security
• Currently documenting and collecting artifacts for ATO-C for all PEPFAR applications according to NIST 800-
53 rev 4 and rev 5
• Contracted with vendors for scanning software as a service
• Created System Security Plans, Disaster Recover Plans and participated in recovery drills
• Worked with Department of State Blue Team for Cybersecurity Scorecard Assessment
Manager, Systems Engineering September 2016 — December 2022
• Advise BAO senior management on technological best practices for the company's largest client
• Led Systems and Technological Expert for the President's Emergency Plan for AIDS Relief (PEPFAR)
• Fully support development, QA, testing team through the SDLC on Amazon Web Services
• Supported multiple successful efforts for FISMA Moderate certification
• Serve as SME for security, DevOps and best practices process on PEPFAR applications
• Install, configure, monitor, and maintain operating systems and perform system upgrades
• Implement and test disaster recovery procedures to ensure data integrity
• Develop, document and implement standard operating procedures and documentation for systems
• Manage Systems Engineering team responsible for over 100 cloud servers and databases
LM. Systems Group Rockville, MD April 2015 - August 2016
Senior Research Engineer
• Designed and implemented an HTCondor (High Throughput) cluster consisting of more than 300 nodes and 50
storage subsystems in support of NOAA/STAR
• Performed cluster system analysis using log data to determine areas for improvement
• Wrote a python (v2.6) script to automate creation of job submission files
• Completed inventory of offices (College Park, Rockville)
• Created RPMs of scientific libraries for client distribution
• Reviewed user interface for errors
• Set up test FTP server on Microsoft Azure using Cerberus
Comso, Inc. Greenbelt, MD November 2012 — January 2015
Systems Administrator/Security Specialist
• Led technical implementation for GeoPlatform.gov on DOI servers for the US Geological Survey's Federal
Geographic Data Committee within FISMA guidelines
• Responsible for system security, updates, configuration, monitoring
• Installed, configured, tested and deployed Drupal 7 site on Windows 2008 R2 servers with Apache, PHP
MySQL master -master replication across two different data centers
• Completed FedRAMP certification for geoplatform.gov system
• Create a cloud environment for development, QA/QC and User Acceptance Testing
• Assisted with web design elements
Environmental Working Group (EWG) Washington, DC November 2009 — October 2012
Director of Technology
• Led migration from traditional server -based hosting to Amazon EC2/RDS cloud infrastructure
• Served on senior management team
• Managed code review and refactoring of database in Ruby on Rails
• Managed online presence for www.ewa.org and Skindeep Cosmetics Database (http://www.ewg.org/skindeep)
• Managed entire technological infrastructure (email, file server, firewall, network, printers, VoIP telephone, web
servers) including desktop support for offices in Washington, DC, Ames, IA, Oakland and Sacramento, CA as
well as other remote users.
• Advised senior management regarding future technology trends and mobile strategy
• Led vendor selection for website redesign
Obama-Biden Transition Project, Washington, DC September 2008-February 2009
Chief Technology Officer/Deputy IT Team Lead
• Supervised team of six that managed correspondence, fundraising, operations, personnel and help desk
• Responsible for evaluating and recommending vendor for change.gov and subsequently worked with vendor to
launch website
• Responsible for evaluating and recommending vendor for Office of Presidential Personnel Executive Search
• Engaged vendors for hosting, communications, correspondence and operations
• Maintained office infrastructure for pre -election and met regularly with GSA help desk leaders
• Responsible for setting up merchant account for contributions to transition and DNS
• Primary technical lead on office set up for 1,300 personnel including security policies
• Oversaw migration of Presidential Executive Search and Appointment System (PESAS) from transition to
Executive Office of the President network
• Liaised with vendors to build custom application for transferring and searching data
Democratic National Committee, Washington, DC August 2001- November 2008
Web Systems Administrator August 2001 — June 2004
Director of Infrastructure/Senior Systems Administrator June 2004 — July 2005
Deputy Director of Technology July 2005 — November 2008
• Managed a staff of 20 including DBAs, developers, systems administrators and technical support staff
• Served as Project Manager for DNC's open source in-house donor database
• Provided advance notification of scheduled downtime, maintenance windows and rollout/rollback procedures.
• Maintained relationships with vendors including contract negotiations and evaluation, pricing, renewals, Service
Level Agreements, and reports
• Participated and advised in planning for infrastructure and growth during election cycles
• Conducted bi-annual performance reviews of staff and recommend merit based increases
• Installed and supported hardware, software, networking in development, staging, and production systems with
emphasis on availability, stability, and security
• Member of core technology team responsible for the design and rollout of a scalable platform that grew from
three to 60+ servers and was the fastest growing site on the internet for the week ending October 17, 2004
• Managed a team of 3 Systems Administrators and 60+ servers during 2004 Presidential Election cycle with no
downtime. Supported 2.5 million hits in one day at cycle peak
• Designed, tested, and implemented the core network and systems design for the website, internal network and
internal systems including database scoping, server capacity, network capacity and memory requirements
• Worked with hardware vendors, software vendors and hosting providers to negotiate contracts and SLAB in
accordance with business and best practices and budgetary constraints
Education:
University of Rochester, Rochester, NY June 1995 — December 1998
Bachelor of Arts in Computer Science 1998
Position Title: Planning and Zoning Commissioner
Division: General Government / Community Development
Safety Sensitive: No
FLSA Classification: Non -Exempt
Month and Year: March 2023
GENERAL STATEMENT: As a member of a seven -member board, the Planning and Zoning Commissioner
helps shape policy and land use decisions within the Town of Avon. The Commission is responsible for
guiding coordinated development within the Town's boundaries as well as helping to implement the goals
and policies of the Avon Comprehensive Plan. It also serves as a Design Review Board for the Town,
ensuring architectural and landscape designs conform to the Town's overall appearance and to the standards
identified in the Development Code. Membership on the Planning and Zoning Commission is appointed by
the Town Council for two (2) year terms.
SUPERVISION RECEIVED: Works under the general supervision of the Community Development
Department staff.
SUPERVISION EXERCISED: This position exercises no direct supervision over staff.
WORK ENVIRONMENT: Work performed is primarily in an office environment, involving both sitting and
standing, attending both in person meetings and site visits on occasion. Repetitive motion for typing and
reaching with hands and arms. Also includes talking or hearing and standing and walking. Must be able to lift
and/or move objects up to 10 pounds, and at times, objects weighing upwards of 50 pounds. Occasionally
requires stooping, kneeling, crouching, and crawling. May include occasional site visits and all-weather
conditions. Remote meetings may be required in lieu of in person meetings.
ESSENTIAL FUNCTIONS:
1. Review development applications, amendments to the Avon Comprehensive Plan, and amendments to
the Development Code
2. Provide recommendations to the Town Council and render decisions as such authority is indicated in the
Development Code
3. Upon request and direction by the Council, make and recommend plans for the physical development of
the Town, including any areas outside its boundaries, subject to the approval of the legislative or
governing body having jurisdiction thereof
4. Upon request and direction by the Council, conduct research, prepare studies, review other matters
which are related to the present conditions and future growth of the Town, and provide
comments and recommendations thereon to the Council
5. Ensure that the location and configuration of vertical structures, including signs and signage, are
contextually appropriate to their sites and with surrounding sites and structures if appropriate and that
the structures and signage conform to the requirements of the Development Code
Planning and Zoning Commissioner
Updated: March 2023
Page 1 of 2
6. Review and make recommendations to the Council about the design of proposed development, with due
regard for design standards of this Development Code and other design criteria and guidelines adopted
by the Town, code text amendments that address design review procedures and criteria and any design
review guidelines for the Town relating to bulk and design regulations to be imposed or that establish
design standards for specific uses, types of uses, parking standards, streetscapes or other similar items
7. Prevent excessive or unsightly grading of property that could cause disruption of natural watercourses
or scar natural landforms
8. To ensure that plans for the landscaping of property and open spaces conform with the rules and
regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the
same site and on adjoining and nearby sites as determined by the Development Code
Other Duties and Functions:
1. Attendance at Planning and Zoning Commission meetings on the 1st and 3rd Tuesdays is required
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES:
1. Ability to communicate in English effectively both verbally and in writing; Spanish is considered a plus
2. Requires possession of Colorado driver's license or ability to obtain one within 30 days of hire
EDUCATION AND EXPERIENCE: Prior development review experience is not necessary; however, at least
five (5) of the members must be registered electors of the Town, and at least two (2) industry professionals
(i.e. architects, landscape architects or designers) should serve on the Commission.
ACKNOWLEDGEMENT: I understand the requirements and essential functions of this job description. I also
understand that the duties listed above are not all inclusive and may be revised, or other duties may be
assigned, to meet the needs of the Town. I will perform those above and other duties as directed by my
supervisor.
Employee Name:
Employee Signature: Date:
Planning and Zoning Commissioner
Updated: March 2023
Page 2 of 2
r
January 9, 2025
To Whom It May Concern:
I am interested in serving as a member of Avon's Planning & Zoning Commission. I've lived
in Avon for 3 years. While skiing at resorts in the area in 2020, my wife and I fell in love with
Beaver Creek. It was then that we decided to move to Avon.
My work background is in Computer Systems and Cybersecurity and I love giving back to
my community. I've spent the past few years watching progress in the community and I'm
ready to lend a hand.
Having lived here for a few years, there are a few things that I think are lacking.
• We could do better to attract a more diverse population which may dovetail into
more affordable housing. When I volunteered for the committee to pass the ballot
issue 2C, we've made strides to help fund affordable housing. We'll need to put
those funds to use to increase the amount of housing so that businesses can hire
staff.
• The variety of dining options here is borderline acceptable. It would be nice to have
a Thai place rather than driving to Minturn. I'm a big fan of Ethiopian, Indian and
other Himalayan cuisine as well. I know Vail has some German restaurants and
Avon's own China Garden offers German on weekends. I think a salad, ramen or
Korean restaurant would do great here. Those aren't offered anywhere in the Valley
that I know of.
My experience travelling the world gives me a unique perspective on architecture. I fully
understand that we want to keep the "mountain town" aesthetic and that there are rules
that govern what can be built here. I'd like to review those and see if we could even bring
some Vail, Eagle, or Gypsym residents here whether it be for a meal or to raise their family. I
can be of service and am looking forward to your decision.
Sincerely,
Charles Yang
1) What is your personal history or timeline living and/or working in Avon?
My wife and I moved to Sun River in March 2021 from Denver. We
subsequently moved to a duplex on Beaver Creek West in January 2022. We
currently rent out the Sun River unit as a short term rental.
2) What is your current occupation? Have you performed work that relates to planning,
zoning, development, or design?
I'm a CyberSecurity Solutions Architect for a small business based in
Washington, DC. The contract I'm currently working on is helping the President's
Emergency Plan for AIDS Relief (PEPFAR) stop HIV in the world.
My career does not relate to planning, zoning, development or design, but it's
always been an interest of mine.
3) Have you previously or are you currently serving on other community groups, boards,
or commissions? If yes, please provide the name(s) of the organization(s) and approximate
dates of time served.
This past election cycle served on the Avon Committee to pass ballot measure
2C.
I've volunteered for the Vail Valley Foundation (Birds of Prey: 3 years, GoPro
Mountain Games: 1 year). In the past, I've also served as the Youth Coordinator
for the Potomac Patuxent Chapter of Trout Unlimited.
4) Please tell us why you wish to serve on the Town of Avon Planning and Zoning
Commission.
When my wife and I moved here, I told her that, "I'm never moving again," and I
mean it. I'm interested in helping shape the future of this town and making it the
best place to live. Right now, the city (and the valley) has a dearth of affordable
housing, child care, parking, and cultural resources. Sure we have plenty of
mexican restaurants, pizza shops and a sprinkling of other cuisines, but there
are more liquor stores than Chinese restaurants.
As a part time Vail Resorts Ski Instructor and SRT owner, I hear all the time
about how big an issue affordable housing is. I think as a member of the PZC, I
can help do something about that.
We can also attract more business to the town. The building where Office Depot
used to be should be occupied by a business or businesses of some kind.
5) What is your "long range" vision for Eagle County? What is your long range vision for
the Town of Avon? How does the Town of Avon fit within this larger vision for the area?
For Eagle County, the services that are offered here are only as good as the
staff that can provide those services (restaurants, ski resorts, and other
businesses). EC needs to prioritize affordable housing and bringing in new
businesses.
Utilizing and expanding the extensive free bus system, we can make Avon a
hub for commerce, social life, dining and other recreational activities. We are
uniquely situatated within a quick bus ride to both Vail and Beaver Creek which
each provide numerous opportunities. The bus system provides easy
transportation for vacationers as well as locals whether they are going to work,
school, recreation or a dinner out.
6) What are the 2 most important issues currently facing the Town of Avon?
Affordability (housing and thus the cost of living) and diversity. As a very
underrepresented minority in Avon and Colorado, I think we could do more to
bring in more ethnic restaurants besides Latin cuisine. We could use some other
ethnic restaurants such as Thai or Indian for instance. I love pizza and tacos, but
some more variety would be nice.
7) Please add any other additional comments that you would like to share.
I've worked many years in Democratic politics (including three presidential
campaigns) as well as consulting for the Federal government.
I lived in the Washington DC area for nearly 20 years and have seen how my
community (Hyattsville, MD) made a real neighborhood feel out of the city. I
realize this is a resort and vacation community and that presents its own
challenges. However, people taking pride in their own town or city is something
that provides for the basis of growing a community.
We have to cater to tourists, especially in the winter, but we can also make Avon
a summer destination with all that the summer mountains offer as well as a great
place to live for all income levels.
APPLICANT:
NAYELY RINCON
Neiyely
Ri*ncon G.
CONTACT
MELIEN
Avon, CO
SKILLS
• Technology and Software
• Design
• Bilingual
• Problem solving
• Flexibility
• Creativity
• Attention to Detail
• Customer Service
• Multitasking
•Social media management
LANGUAGES
English- fluent
Spanish- fluent
EDUCATION
Universidad Britanica
Bachelors degree
Graphic design & Marketing
Mexico
2020-2023
Battle Mountain High School
Edwards Co
2015-2019
WORK EXPERIENCE
Early Childhood Education
ECSD
Jon 2024 - Current
Assistant Graphic designer
Language Coordination Institute, Mexico
Jon 2023 - Aug 2023
In room dinning
The Westin Riverfront & Spa, Avon
Dec 2020 - Jul 2021
Ski Valet
The Ritz -Carlton Club, Vail
Nov 2018 - May 2019
Nayely Rincon
Avon, co
Dear town of Avon hiring team,
I am writing to express my interest in joining the Town of Avon Planning and Zoning
Commission. I am excited about the opportunity to contribute to the growth and
development of our community. With a background in graphic design, a strong ability to
learn quickly, administrative skills, and foundational knowledge in architecture, I believe
I can bring a fresh perspective and valuable skills to the commission.
Over the years, my experience as a graphic designer has allowed me to develop a keen
eye for detail, spatial awareness, and an understanding of how visual design can
influence both function and form in built environments. These skills, paired with my
growing knowledge of architecture, have given me an appreciation for the importance of
thoughtful planning and zoning in creating spaces that are both aesthetically pleasing
and functional.
Additionally, my ability to measure and analyze various dimensions and layouts will
support the commission's work in reviewing plans and proposals. While I am still gaining
experience in the field of architecture, I am a quick learner and dedicated to further
developing my knowledge in urban planning and zoning practices. I am committed to
contributing meaningfully to the Commission's objectives and collaborating with other
members to ensure that planning decisions reflect the needs and vision of the
community.
I am enthusiastic about the possibility of serving on the Planning and Zoning
Commission and contributing to the thoughtful development of our city. Thank you for
considering my application. I would welcome the
qualifications further and look forward to hearing from you.
Sincerely,
Nayely Rincon G.
opportunity to discuss my
1) What is your personal history or timeline living and/or working in Avon?
I have been a resident of Avon since 2009 and have deep ties to the local community,
having attended both middle school and high school in the valley.
My professional background includes experience in customer service as well as
graphic design, where I developed strong skills in problem -solving, and creative
design.
2) What is your current occupation? Have you performed work that relates to
planning, zoning, development, or design?
I am currently employed in the ECE Department within the Eagle County School
District.
I hold a Bachelor's degree in Graphic Design and Marketing, and have previously
worked as a Graphic Design Assistant at a language school. In that role, I assisted with
designing diplomas, editing photos, and managing the school's social media.
I possess a strong proficiency in Adobe Creative Suite, including software such as
Photoshop, Illustrator, Animate, and many more, alongside a solid command of
Microsoft Office tools. My expertise extends to strategic planning, business
development, and branding. Additionally, visual communication.
3) Have you previously or are you currently serving on other community
groups, boards, or commissions? If yes, please provide the name(s) of the
organization(s) and approximate dates of time served.
I am not currently serving in any community groups at this time.
4) Please tell us why you wish to serve on the Town of Avon Planning and
Zoning Commission.
I am eager to bring my design and visual communication expertise to help enhance the
town's development initiatives and ensure the community's planning goals are
effectively communicated and understood.
In my past role as a graphic designer, I regularly collaborate with diverse teams to
create visual content that is both informative and aesthetically engaging.
My work in project management, attention to detail, and ability to meet deadlines would
be assets as a member of the Commission. I am committed to fostering an inclusive
and thoughtful approach to development that balances the needs of the community
with sustainable growth.
5) What is your "long range" vision for Eagle County? What is your long
range vision for the Town of Avon? How does the Town of Avon fit within this
larger vision for the area?
My long-range vision for Eagle County is one where the community thrives in harmony
with its stunning natural environment while embracing sustainable growth. I see Eagle
County as a vibrant, resilient region that supports a diverse economy, fosters high
quality of life for residents, and remains a world class destination for outdoor
recreation.
6) What are the 2 most important issues currently facing the Town of Avon?
Affordable hosing and parking.
7) Please add any other addional comments that you would like to share.
TO: Honorable Mayor Underwood and Council members A
FROM: Patti Liermann, Housing Planner Avon
RE: Price Capped Deed Restriction Replacement
DATE: January 22, 2025 C o L O R A D o
SUMMARY: This report provides Avon Town Council ("Council") with information on replacing the price
capped deed restriction form at several deed restricted properties in Avon. This report is separated into
two parts, A and B, which correspond with Attachments A and B, for Council approval.
BACKGROUND: In 2023, Council approved an update to the Avon Community Housing Policies ("ACHP")
in anticipation of updating aging deed restrictions. The purpose of the ACHP is to further define and clarify
provisions of deed restrictions. As a policy document, it is amendable and can adapt to changing
conditions. The previous ACHP (Town of Avon Housing Guidelines) was created in 1991 and had never
been updated. The 2023 ACHP replacement modernized and is now universally consistent with partner
housing organizations. The ACHP specifically details eligibility, occupancy, and resale selection of For
Sale and For Rent Resident Occupied and Price Capped Deed Restricted properties.
Much of the Town's price capped deed restricted housing stock was built between 1991 and 2000. Several
of those deed restrictions either make no reference to the ACHP or contain provisions that conflict with the
ACHP update. The replacement deed restriction form proposed to Council will remove any previous
conflict between the deed restriction and the new ACHP and will standardize policies moving forward.
Once approved by Council, individual Owners of price capped units can choose to replace the deed
restriction. The replacement deed restriction will be mutually beneficial for the Owners and the Town. This
replacement deed restriction is entirely elective by the Owners and will carry financial benefits for them.
Table of Town Deed Restricted Properties and Key Policies
Location
Buyer Eligibility
Capital Improvements
Resale Selection
Wildwood
Qualified Buyers as defined in
Not to exceed 10% of the
Seller selects
est. 1991
the ACHP
original purchase price of
TOA / Publicly
unit (total)
developed
Chapel Square
Qualified Buyers as defined in
10% of original purchase
Selection process: 100%
est. 1997
the deed restriction,
price, 10 year reset with a
AMI, 120% AMI, 140%
Private Developer
primary/sole residence, work
10% increase over the
AMI category, 150% AMI,
generated
30hrs/week, 150% AMI
original purchase price,
businesses at Chapel
(inclusionary)
income restriction, asset cap
limited items, no
Square, businesses in
depreciation
Avon. Lottery if more than
1 buyer in the lowest
category
Lodge at Brookside
Qualified Buyers as defined in
10% of original purchase
Selection Process: lottery
est. 1998
deed restriction, primary/sole
price, 10 year reset with a
(no more information)
Private Developer
residence, work 30hrs/week,
10% increase over the
generated
120% AMI income restriction,
original purchase price,
(inclusionary)
asset cap
limited items, no
depreciation
Sheraton Mt Vista
Qualified Buyer as defined in
10% of original purchase
Selection process: Lowest
est. 2000
deed restriction, primary/sole
price, 10 year reset with a
income, work/live in Town,
Employer / Private
residence, work 30hrs/week,
10% increase over the
work/ live in Eagle County
original purchase price,
Replacement Price Capped Deed Restriction
January 22, 2025
Page 1 of 4
Developer generated
inclusionar
120% AMI income restriction,
asset cap
limited items, no
depreciation
Grandview
Qualified Buyer as defined in
10% of original purchase
Selection process: Lowest
est. 2000
deed restriction, primary/sole
price, 10 year reset with a
income, work/live in Town,
Private Developer
residence, work 30hrs/week,
10% increase over the
work/ live in Eagle County
generated
120% AMI income restriction,
original purchase price,
asset cap
limited items, no
depreciation
PART A- PRICE CAPPED DEED RESTRICTION REPLACEMENT & TEMPLATE FOR FUTURE
PROJECTS
The new form of price capped deed restriction addresses three major provisions inconsistent across
several deed restrictions and/or have not aged well over time for Owners. Changes will reflect the
following:
1. Buyer Eligibility is defined in the deed restriction with details pointing to the most recent version of
the ACHP. It clarifies retirement, disability, and other exceptions consistently and universally with
other partner housing organizations and industry standards.
Permitted Capital Improvements ("PCI") allowance points directly to the ACHP. This is 10% of the
unit's Base Price, resetting every 5 years to the unit's new Base Price. Items eligible for PCI are
listed in the ACHP under two depreciation categories: 5- and 20-year. The ACHP item list is
comprehensive and thoroughly covers replacement items for typical homes, allowing owners to
routinely capture replacement expenses in their Maximum Sale Price ("MSP").
Resale Process will run through the Town or its Program Administrator. The process is outlined in
the deed restriction and further defined in the ACHP. A neutral selection creates a fair and
equitable process for buyers and eliminates impropriety. A consistent selection process across
each deed restriction creates clarity for Buyers.
4. Other provision updates to Breach, Remedy, General Provisions, Option to Purchase, and the
Acknowledgement will be better aligned with current standards.
This price capped deed restriction will be used for Chapel Square, Lodge at Brookside, and Grandview.
Staff will review the governing documents at Sheraton Mt Vista with the Town Attorney before determining
if that deed restriction can be replaced. This is due to the structure of the deed restriction at the time it was
created as employee housing.
Owners at each of the referenced properties can choose to replace the deed restriction during their
ownership or the Town will replace it upon resale. The proposed template will be tailored individually to
match the specific property it's replacing and approved by the Town Attorney.
PART B- PRICE CAPPED DEED RESTRICTION REPLACEMENT: WILDWOOD TOWNHOMES.
Wildwood Townhomes was Avon's first deed restricted project. The form of the Deed Restriction is the
most inconsistent with today's standards and practices and is unique in this aspect even compared to other
price capped deed restrictions within Avon.
Staff met with Wildwood Townhome Owners in November 2023 and May 2024. The November 2023
meeting was a listening session to understand concerns about ownership and the deed restriction. Owner
Replacement Price Capped Deed Restriction
January 22, 2025
Page 2 of 4
concerns included price disparity related to the simple interest calculation for price appreciation and desire
to select their buyer in the future. The May 2024 meeting provided draft changes to the deed restriction
and a potential Base Price Adjustment to correct the price disparity.
Staff's proposal to Council includes all changes referenced in Part A plus one additional change, reflecting
on the outcome of owner meetings: a one-time adjustment to the Base Price. Many original and long-term
unit owners are experiencing severe price disparity. Staff recommends adjusting all unit Base Prices
upward to the most recent sale price of the equivalent unit type (2- or 3- bedroom). Since those sales may
have occurred a few years ago, the adjustment is based on the Base Price value of that most recent value
as of January 1, 2024. Staff then rounded to the next whole number, allowing all owners to equitably
benefit from this adjustment. This adjustment is to the Base Price, before capital improvements are added
to the Maximum Sales Price.
Proposed Base Price Adjustment of value as of January 1, 2024:
a. 2 bedroom: $200,000
b. 3 bedroom: $250,000
Staff presented the deed restriction replacements at the September 24, 2024 Council meeting. Wildwood
Townhome Owners were concerned about the resale selection process and voiced strong preference for
retaining the right to select their future buyer(s). Wildwood Owners also requested additional time to review
the deed restriction replacement and ACHP prior to Council approving the replacement deed restriction.
Council delayed approval of the deed restriction replacement and The Town Manager offered to meet
directly with Wildwood Townhome Owners to answer questions. The Town Manager scheduled meetings
with a point of contact at Wildwood Townhomes on 4 separate dates. Each of those dates was moved or
cancelled by the contact at Wildwood Townhomes. After the November 13, 2024 meeting date was
cancelled, there has been no further communication received by the Town.
The deed restriction replacement is offered as an individual owner decision and is not contingent upon all
owners signing on. Owners may want to consult individually with Town Staff and therefore Staff
recommends the timeline to sign on extend through January 31, 2026 for the Base Price Adjustment to be
effective. If owners choose not to sign onto the replacement deed restriction, the replacement deed
restriction will be used at the time of resale but with no adjustment to the Base Price.
OPTIONS: Council has the following options:
• Approve the replacement deed restrictions
• Approve the replacement deed restrictions with revisions
• Continue to a specific date
• Table discussion
RECOMMENDATION: I recommend Council approve and authorize use of the attached forms of Price
Capped Deed Restrictions to be used in replacing existing price capped deed restrictions.
TOWN MANAGER COMMENTS: I support the use of the proposed replacement Price Capped Deed
Restrictions.
PROPOSED MOTION: ` move to authorize the use of the replacement Price Capped Deed Restriction
forms in Attachment A and Attachment B to Staffs report."
Replacement Price Capped Deed Restriction
January 22, 2025
Page 3 of 4
Thank you, Patti
ATTACHMENT A: Price Capped Replacement Form
ATTACHMENT B: Wildwood Price Capped Replacement Form
Replacement Price Capped Deed Restriction
January 22, 2025
Page 4 of 4
Attachment A -
Price Capped Deed Restriction
Replacement
Avo n TOWN OF AVON
COMMUNITY 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 owns 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 Property was originally purchased on day of , and
subject to The Town of Avon's Occupancy and Resale Deed Restriction, Agreement, and
Covenant recorded on day of with Eagle County Clerk and Recorder; and
WHEREAS, with voluntary agreement by the Owner, the Town has agreed to replace
the Town of Avon's Occupancy and Resale Deed Restriction, Agreement, and Covenant with
this Deed Restriction,
WHEREAS, the Town has agreed 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 Avon Community Housing Policies ("ACHP");
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
Price Capped Community Housing Deed Restriction
Page 1 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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.
B. "Avon Community Housing Policies" or "ACHP" 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. 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:
Price Capped Community Housing Deed Restriction
Page 2 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
(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 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.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.
Price Capped Community Housing Deed Restriction
Page 3 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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 of 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 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.
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 or subcontractors
retained by the Town who are tasked with enforcing Deed Restriction
agreements.
Price Capped Community Housing Deed Restriction
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Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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
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.
Price Capped Community Housing Deed Restriction
Page 5 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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 docuent
shall not extinguish the legal force and effect of this Deed Restriciton 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. 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.
A. In the event that an Owner desires to sell the Property, the sale or transfer of the
Property shall be executed 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.
Price Capped Community Housing Deed Restriction
Page 6 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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
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.
Price Capped Community Housing Deed Restriction
Page 7 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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.
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
Price Capped Community Housing Deed Restriction
Page 8 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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.
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
Price Capped Community Housing Deed Restriction
Page 9 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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 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.
12. 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
Price Capped Community Housing Deed Restriction
Page 10 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
• PRICE CAPPED DEED RESTRICTION
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 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. 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. 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.
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Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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.
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.
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Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
Q. 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.
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 Owner:
With a copy to:
the address provided by the Eagle County Assessor's office.
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Avo n TOWN OF AVON
COMMUNITY 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
AVo n CO MTOWN UNITYOHOUSING
PRICE CAPPED DEED RESTRICTION
TOWN OF AVON, COLORADO:
Attest:
Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer
Price Capped Community Housing Deed Restriction
Page 15 of 23
A
AVo n CO MTOWN UNITYOHOUSING
PRICE CAPPED DEED RESTRICTION
EXHIBIT A
[Insert Property Legal Description]
Price Capped Community Housing Deed Restriction
Page 16 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED 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:
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
CIO Town Manager
CIO 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
Price Capped Community Housing Deed Restriction
Page 17 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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
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.
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Page 18 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED 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
Price Capped Community Housing Deed Restriction
Page 19 of 23
A
AVo n CO MTOWN UNITYOHOUSING
PRICE CAPPED DEED RESTRICTION
TOWN OF AVON, COLORADO:
LI-A
Attest:
Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer
Price Capped Community Housing Deed Restriction
Page 20 of 23
Avo n TOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
EXHIBIT C
ACKNOWLEDGEMENT OF THE TOWN OF AVON COMMUNITY HOUSING PRICE
CAPPED DEED RESTRICTION
WHEREAS, [Buyer Name
from [Seller Name]
amountl
Neighborhood]
(the "Buyer") is purchasing
(the "Seller") at a price of $[purchase price
the real property and improvements located in [Address &
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
Price Capped Community Housing Deed Restriction
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Avo n TOWN OF AVON
COMMUNITY HOUSING
• PRICE CAPPED DEED RESTRICTION
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.
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
AVo n CO MTOWN UNITYOHOUSING
PRICE CAPPED DEED RESTRICTION
EXHIBIT A
DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 23 of 23
Attachment B -
Price Capped Deed Restriction
Wildwood Replacement
A.
Avo nTOWN OF AVON
COMMUNITY 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 owns 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 Property was originally purchased on _ day of , and
subject to The Town of Avon's Occupancy and Resale Deed Restriction, Agreement, and
Covenant recorded on day of with Eagle County Clerk and Recorder; and
WHEREAS, with voluntary agreement by the Owner, the Town has agreed to replace
the Town of Avon's Occupancy and Resale Deed Restriction, Agreement, and Covenant with
this Deed Restriction,
WHEREAS, the Town has agreed 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 Avon Community Housing Policies ("ACHP");
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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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.
B. "Avon Community Housing Policies" or "ACHP" 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 (e.g.: retirees,
disabled) in accordance with the Avon Community Housing Policies, as may be
amended from time to time, and as approved by the Town.
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:
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
(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 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.
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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 of 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 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.
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 or subcontractors
retained by the Town who are tasked with enforcing Deed Restriction
agreements.
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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
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.
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Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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 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. 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.
A. In the event that an Owner desires to sell the Property, the sale or transfer of the
Property shall be executed 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%), compounded 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.
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Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
B. Permitted Capital Improvements shall not increase the Owner's Initial Sales
Price and are subject to depreciation as set forth in the most current ACHP. 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
assessment by a homeowner's association for such permanent
improvements, provided that written certification is provided and
approved by 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
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.
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Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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 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 timely and properly submitted in
writing and the default is not cured within 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.
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,
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Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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/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.
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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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 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
an Eligible Household or rent the Property to qualified tenants who meet the income,
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. 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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
• PRICE CAPPED 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.
13. General Provisions.
A. Venue. The exclusive venue for any dispute arising from or relating to the Deed
Restriction shall be the Eagle County District Court.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
corporation or other entity which is organized and exists for the purpose to provide and
promote affordable housing for full time residents.
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.
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
Q. 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.
R. 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:
With a copy to:
the address provided by the Eagle County Assessor's office.
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A.
Avo nTOWN OF AVON
COMMUNITY 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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
TOWN OF AVON, COLORADO:
Attest:
Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
EXMIT A
[Insert Property Legal Description]
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED 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:
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
CIO Town Manager
CIO 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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
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
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.
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED 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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
TOWN OF AVON, COLORADO:
U51a
Attest:
Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer
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A.
Avo nTOWN OF AVON
COMMUNITY 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
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A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
• PRICE CAPPED DEED RESTRICTION
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.
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.
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day of
A.
Avo nTOWN OF AVON
COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
Notary Public
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TO: Honorable Mayor Underwood and Council members
FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING: FIRST READING Ord. 25-04
Adopting Sun Road Redevelopment Plan Avon
CPA24001 Comprehensive Plan Amendment
DATE: January 22, 2025 G o L o H A o 0
SUMMARY: This report presents to Avon Town Council ("Council") Ordinance 25-04 (Attachment A),
drafted to approve the Sun Road Redevelopment Plan ("Plan"). This Plan is an amendment and
supplement to the 2017 Town of Avon Comprehensive Plan which provides specific goals, design standards
and strategies for the Sun Road area. These types of plan documents are often referred to as "sub -area
plans".
BACKGROUND: The Sun Road area is currently a prominent corner in the Town Core that is substantially
under -developed. Past planning efforts in the West Town Center included the West Town Center
Redevelopment Plan, which included very detailed development goals and design criteria for the
properties along the Main Street Pedestrian Mall; however, there was no vision, goals or design ideas
presented specific to the Sun Road properties. The Town of Avon invested heavily in West Beaver
Creek Boulevard approximately 10 years ago to incentive investment in development and
redevelopment.
Creating a subarea plan for Sun Road was identified in Community Development's 2024 goals. The project
began in early 2024 after retaining the consultant services of DTJ. The Avon DDA has been the lead citizen
board on this project because the Plan involves redevelopment of this area with a heavy emphasis on
Community Housing and anticipate that tax increment financing by the Avon DDA will be a substantial
incentive. The Avon DDA Board of Directors must determine if the Plan supports or advances the
purposes of the DDA Plan, DDA Statutes, or Avon Comprehensive Plan as required by AMC Section
4.12.030.
Please note that the East Town Center Redevelopment Plan has been delayed until after adoption of
Sun Road. Staff expects the Sun Road Redevelopment Plan will serve as a template for the East Town
Center Redevelopment Plan.
OVERVIEW: The updated Plan provides an introduction that sets its intentions for redevelopment and
includes details surrounding the existing conditions for this area, a strategic vision for redevelopment,
commentary regarding this redevelopment opportunity, implementation strategies, and design standards
and expectations for the redevelopment. The majority of the property is currently zoned as Town Center,
allowing a much higher density, and could be redeveloped at any time without Town intervention. The
purpose of this Plan is to adopt a more specific vision of mixed -use development of this area that combines
substantial Community Housing with neighborhood retail and services, a regional transit hub, and parking
structure in a high quality new urbanist design format that brings buildings up to the side walk. The
purpose, intent, goals and strategies are described in much greater detail in the Plan document.
PROCESS: Avon Planning and Zoning Commission ("PZC") and the Avon Downtown Development
Authority ("Avon DDA") held a joint work session on April 22, 2024. Attendees provided feedback on the
overall framework plans for the Sun Road and East Town Center Redevelopment Plans. At the April
meeting, the Avon DDA members requested another opportunity to meet as a board independently, and
additional work sessions were held with the Avon DDA in May, September, and October. On November 4,
970-748-4023 jskinner@avon.org
Page 1 of 6
the Avon DDA held a public hearing and approved a resolution supporting the adoption of the Plan as
required by AMC Section 4.12.020. Avon DDA's adopting resolution is included with this report. The PZC
conducted public hearings and reviewed this Plan at its November 18th and December 9th, 2024, meetings
where PZC took action to recommend Council adoption of the Sun Road Redevelopment Plan. A copy of
the proposed plan is provided as Attachment B.
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on January 23, 2025. No
public comments have been received.
DISCUSSION: Council is acutely aware of the difficulties the workforce is experiencing regarding housing.
Whether it's the need for housing (new units) or that our existing code does not recognize what design
elements are needed or not necessary with certain types of housing (e.g., decreased parking or an increase
in building heights), by having the Sun Road Redevelopment Plan in place provides developers an
expectation for an area suited for redevelopment of an underutilized commercial -only area located in Town
Core. In creating a framework through this Plan guiding developers towards incorporating residential while
not explicitly demanding adherence to a pre -designed site plan, redevelopment may come to fruition without
compromising creative design potential or limiting flexibility in new projects.
PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for
CPA24001 (Comprehensive Plan Amendment).
REVIEW CRITERIA. Council shall use the following review criteria as the basis for recommendations and
decisions on applications to amend the Avon Comprehensive Development Plan ("Comp Plan"):
(1) The surrounding area is compatible with the land use proposed in the plan amendment or
the proposed land use provides an essential public benefit and other locations are not
feasible or practical;
Staff Response: This amendment does not affect areas of the Town that are not suitable for
development, the amendment more actively promotes a more effective use of this underutilized area of
Avon for Community Housing, an essential public benefit to the community. Other benefits promoted in
the Plan also include increased economic redevelopment opportunity benefitting residents of newly
created housing and visitors staying at nearby hotels, and the overall vitality of Avon by reinvigorating
this very dated area, in creating a regional transit hub.
This area is identified in the Comprehensive Plan as being in the Town Center District, where:
"The Town Center District serves as the heart of the community. A mix of lodging, residential,
government services, civic facilities, and commercial uses compliment social, cultural, political, and
recreational gatherings in the District. It provides a diversity of land uses in vertically mixed -use
buildings to be the common ground between full-time residents, part-time residents, and destination
guests.
CPA24001 - Sun Road Redevelopment Plan
January 22, 2025
Page 2 of 6
The Town Center District will continue as the primary focus for mixed use, pedestrian -oriented
residential and lodging development within the Town. The size of the parcels provides an
opportunity for a variety of redevelopment opportunities. Avon should encourage redevelopment
opportunities when they provide community benefit, improve street patterns, and create more direct
pedestrian walkways and bike paths."
(2) Transportation services and infrastructure have adequate current capacity or planned
capacity, to serve potential traffic demands of the land use proposed in the plan
amendment;
Staff Response: This plan amendment does not largely affect infrastructure; rather, has the potential to
improve infrastructure within this area. Land use applications will still necessitate review by Staff prior
to proceeding into construction, and all impacts and nuances will be examined at that time. This
amendment simply updates Avon's direction towards increasing Community Housing in a site that is
primed for redevelopment as a use by right. The Plan is purposefully written knowing that specific
concepts and designs will be forthcoming, offering more opportunities for discussions and creative
alternatives prior to redevelopment.
(3) Public services and facilities have adequate current capacity or planned capacity to serve
the land use proposed in the plan amendment;
Staff Response: This amendment does not alter the boundaries of the Town and affects existing
parcels within town limits that have been included/planned for in capacity estimates for development.
When a specific development application is proposed, impacts will be further assessed to see if any
modifications would be necessary for service. This includes water and sewer, as well as broadband
services.
(4) The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered
appropriate;
Staff Response: Having Community Housing as a targeted land use, infused with commercial support
and the redevelopment and reinvigoration of this important gateway of Avon and the Town Center
supports this finding and ratifies that mixed -use is the most appropriate form of development
(redevelopment) for the Sun Road area.
(5) Strict adherence to the current plan would result in a situation neither intended nor in
keeping with other key elements and policies of the plan;
Staff Response: This amendment supports this finding as it reflects a recent endeavor to change the
development pattern from low -intensity or underdevelopment to highly desirable redevelopment with
focus on a transit -oriented development ("TOD'). Council is consistent in recognizing that there should
be Comprehensive Plan support for appropriate redevelopment, which is a sounder approach in guiding
developers in integrating Community Housing in any redevelopment opportunity in Town Center with
consideration of transit development assets in appropriate locations, like in the heart of Avon.
(6) The proposed plan amendment will promote the purposes stated in this Development Code;
CPA24001 - Sun Road Redevelopment Plan
January 22, 2025
Page 3 of 6
Staff Response: Furthering the Comp Plan by creating sub -area redevelopment plans is a compatible
action in looking at ways to increase housing efforts in Avon (at a minimum). Updating the Comp Plan
in this manner supports and or allows both documents to correspond with each other, strengthening the
planning process and review of pending development resulting in achieving the assets that Avon
desires or necessitates.
(7) The proposed plan amendment will promote the health, safety or welfare of the Avon
Community and will be consistent with the general goals and policies of the Avon
Comprehensive Plan.
Staff Response: This amendment updates and clarifies current goals and policies of the Town of
Avon, particular to revitalization projects. Creating a specific area plan as an extension of the Comp
Plan is in the interest of Avon and promotes the health, safety, and welfare of the Avon community on a
larger scale by providing new development with direction and expectation without stifling creativity. The
Mixed -Use principles of the Sun Road Redevelopment Plan are in conformance with the Mixed Use
land use designation for the area, as identified in the Future Land Use Map of the Comp Plan, and
within the Town Center District, as previously mentioned in this report.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1),
General Criteria, which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public
hearing. The reviewing authority shall review development applications for compliance with
all relevant standards and criteria as set forth in the specific procedures for the particular
application in this Development Code, as well as the following general criteria which shall
apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: This Comp Plan Amendment is complete. Staff believes sufficient information
exists to allow the Council to review this application with the applicable review criteria. This Comp
Plan Amendment application will not create impact demands for public services or infrastructure as
a recommending document, as it is not a development application. All impacts of redevelopment
will come forward as projects develop. At this time, there is no indication that the Sun Road area
will not be able to be redeveloped with mitigation.
Specific to (iv), the General Review Criteria provisions are geared towards development applications,
to ensure that a new development plan will not injure or cause major disruptions for existing
CPA24001 - Sun Road Redevelopment Plan
January 22, 2025
Page 4 of 6
development. This Plan acknowledeges the need to pursue further investigation of the carrying
capcity of the area and discover what will need to occur to support redevelopment. Staff will seek
grant funding for this due diligence in 2025.
RECOMMENDED FINDINGS:
CPA24001:
1. The proposed amendment to the Comp Plan by way of creating the Sun Road Redevelopment
(subarea) Plan- as an extension of the Comp Plan, is both compatible with the goals and policies of
the entirety of the Avon Comprehensive Plan while recognizing that Avon has unique needs that
requires a thoughtful framework (like this Plan) to achieve a well -planned and beneficial
redevelopment.
2. This amendment complies with the Review Criteria outlined in Section §7.16.030(c) of the
Development Code and offers increased support for Community Housing efforts and protections for
one of Avon's important gateway areas.
3. The proposed amendment bolsters the purpose statements of the Development Code in increasing
its support for Community Housing coupled with the expectation of implementing good design; and
4. The proposed amendment promotes the health, safety, and welfare of the Avon Community by
supporting a stable economic community with opportunities for Community Housing for families and
young professionals.
GENERAL CRITERIA FINDINGS:
1. The development application is complete.
The application provides sufficient information to allow the Town Council to determine that the
development application complies with the relevant review criteria.
3. The development application complies with the goals and policies of the Avon Comprehensive Plan;
and
4. The demand for public services or infrastructure exceeding current capacity does not require
mitigation at this time and with the adoption of the Sun Road Redevelopment Plan as there is no
development application accompanying this Comp Plan Amendment that results in a physical
project that utilizes public services or infrastructure.
RECOMMENDATION: Staff recommends Council adopt the Sun Road Redevelopment Plan as an
amendment to the Avon Comprehensive Plan.
OPTIONS: Council has the following options with the Application:
• Approve of the Plan as presented
• Approve of the Plan with revisions
• Continue the Public Hearing to a specific date
• Deny of the Plan, with findings
CPA24001 - Sun Road Redevelopment Plan
January 22, 2025
Page 5 of 6
TOWN MANAGER COMMENTS: The Sun Road area presents a unique opportunity for high quality,
attractive mixed -use development that incorporates a significant amount of Community Housing.
Redevelopment has the potential to boost economic development and establish an active and vibrant
neighborhood in the Town Core. High quality design, Community Housing and public amenities are not
likely to occur without active involvement by the Town to facilitate property owner coordination and
significant public investment.
PROPOSED MOTION: " I move to approve Ordinance 25-04 on first reading, Adopting the Sun Road
Redevelopment Plan as an Amendment to the Avon Comprehensive Plan."
Thank you, Jena
ATTACHMENT A: Ordinance 25-04
ATTACHMENT B: Sun Road Redevelopment Plan
CPA24001 - Sun Road Redevelopment Plan
January 22, 2025
Page 6 of 6
ATTACHMENT A
ORDINANCE 25-04
ADOPTING THE SUN ROAD REDEVELOPMENT PLAN AS
AN AMENDMENT TO THE AVON COMPREHENSIVE PLAN
WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority, and privileges to which it is entitled under Colorado law; and
WHEREAS, the Avon Town Council ("Council") has the authority to adopt planning
documents as described in Section 7.04.010 of the Avon Development Code; and
WHEREAS, updates, revisions, amendments, and extensions of and or to the 2017 Avon
Comprehensive Plan were presented to the Avon Planning and Zoning Commission in
accordance with the procedures set forth in Section 7.16.030 — Comprehensive Plan
Amendment; and
WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing and
posting notice as required by law, held a public hearing on November 18t' and December 9th
2024, prior to formulating a recommendation to the Town Council considered all comments,
testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact as a
Record of Decision and made a recommendation to the Town Council to approve the
Application; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority
granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision -
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of AMC
Section 7.16.020(d), Step 4: Notice, Council held public hearings on January 28, 2025, and
February 11, 2025, and prior to taking final action considering all comments, testimony,
evidence, and Staff reports; and then took action by approving this Ordinance; and
WHEREAS, the purpose of this Amendment is to adopt the Sun Road Redevelopment Plan
herein attached as Exhibit A as an extension or related document of the Comprehensive Plan;
and
WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent
with the Comprehensive Plan, specifically, with consideration of developing a shared, structured
parking facility with regional transit integration in Town Center- specifically in areas that are
walkable, and
Ord 25-04 Comp Plan Amendment: Sun Rd Redevelopment Plan
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ATTACHMENT A
WHEREAS, the Sun Road Redevelopment Plan also promotes additional benefit to the Avon
community by providing the framework for promoting new Community Housing implementation
in an area best suited for walkable, mixed -use development; and
WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be
enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town
Council desires to comply with the requirements of the Avon Home Rule Charter by setting a
Public Hearing to provide the public an opportunity to present testimony and evidence regarding
the Application, and, that approval of this Ordinance on First Reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing
on second reading.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Comprehensive Plan Amendments. The Avon Comprehensive Plan is hereby
amended by the adoption of the Sun Road Redevelopment Plan as a supplement to the Avon
Comprehensive Plan, as set forth in EXHIBIT A: SUN ROAD REDEVELOPMENT PLAN.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it has passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare.
The Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Ord 25-04 Comp Plan Amendment: Sun Rd Redevelopment Plan
Page 2
ATTACHMENT A
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Correction of Errors. Staff is authorized to insert proper dates, references to
recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on HEARING by the Avon Town Council on January
28, 2025 and setting such public hearing for February 11, 2025 at the Council Chambers of the
Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
11, 2025.
BY:
Tamra Underwood, Mayor
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
ATTEST:
Miguel Jauregui Casanueva, Town Clerk
Ord 25-04 Comp Plan Amendment: Sun Rd Redevelopment Plan
Page 3
k
6
SUN ROAD
REDEVELOPMENT PLAN
4 01 C0.00EVAIW-AI
SUN ROAD REDEVELOPMENT PLAN
c 0 L 0 R A D 0
BLANK INSIDE COVER
Sun Road Redevelopment Plan
December 10, 2024
Page 2 of 55
ACKNOWLEDGEMENTS
Town Council
Rich Carroll
Chico Thuon
Tamra Nottingham -Underwood
Lindsay Hardy
Ruthie Stanley
Gary Brooks
Kevin Hyatt
Planning + Zoning Commission
Olivia Cook
William Glaner
Brad Christianson
Kevin Hyatt
Anthony Sekinger
Nicole Murad
Brian Sipes
Downtown Development Authority
Councilor Rich Carroll
Councilor Chico Thuon, Alternate
Tony Emrick, Elected Chairperson
Gregg Cooper
Lisa Mattis
Scott Tarbet
Wayne Hanson
Matthew Fitzgerald
Chris Neuswanger, Elected Secretary
Brandt Marott, Elected Vice -Chairperson
Marcus Lindholm
Rob Tartre
William Glaner
Town Manager 1 Community Development
Eric Heil
Matt Pielsticker, AICP
Jena Skinner, AICP
Max Morgan, AICP
Emily Block
Consultant Team
DTJ Design
JVA Engineering
Sun Road Redevelopment Plan
December 10, 2024
Page 3 of 55
TABLE OF CONTENTS
EXECUTIVE SUMMARY
A. Executive Summary
B. Redevelopment Vision
C. Displacement Mitigation
D. Avon Investment Strategy
CHAPTER 1: INTRODUCTION
A. Introduction
B. Study Area
C. Adjacent Development Potential
D. Key Stakeholders
E. Sun Road Plan Area
F. Process
CHAPTER 2: EXISTING CONDITIONS
A. Existing Land Use
B. Zoning + Zone Districts
C. Water Accounting
D. Access / Circulation
CHAPTER 3: STRATEGIC VISION
A. Introduction
B. Planning Principles
C. Community Housing
D. Land Use Mix
CHAPTER 4: REDEVELOPMENT OPPORTUNITY
A. Introduction
B. Propensity for Redevelopment
C. Concept Alternatives
D. Preferred Concept Plan
CHAPTER 5: IMPLEMENTATION STRATEGIES
A. Introduction
B. Strategy
C. Implementation Timeline
CHAPTER 6: DESIGN STANDARDS AND EXPECTATIONS
APPENDICES
Sun Road Redevelopment Plan
December 10, 2024
Page 4 of 55
G.
Plan objectives
H.
Role of the Sun Road Plan
L
Conceptual Framework
J.
Scale + Massing Examples
K.
Design Priorities
E. Transit
F. Parking
G. Public Realm + Open Space
H. Infrastructure
E. Improved Street System
F. Town Core Activation
G. Coordination with Existing Plans
EXECUTIVE SUMMARY: The Sun Road Redevelopment Plan ("Sun Road Plan") is a sub -area plan that
establishes planning goals and investment strategies to promote redevelopment of an approximate 8-acre
area centrally located in the Town Core on the southwest corner of the I-70/Avon Road Interchange. The
Sun Road Plan area is substantially underdeveloped under the Town Center zoning which allows high -
density mixed -use development. The central location, proximity to Harry A. Nottingham Park, and
convenient access to Avon Road and the 1-70 interchange presents a unique opportunity for a high -quality
redevelopment project that incorporates residential density into the Town Core.
redevelopment opportunity, implementation process and design standards and expectations. The intent
of this Plan document is to create a well-defined policy document that provides direction for Council, Avon
Planning and Zoning Commission, Avon Downtown Development Authority and Town Staff in order to
promote consistency and alignment of efforts align and to implement the most efficient approach towards
supporting redevelopment. This Plan document also informs existing property owners and users, the
Avon community and potential investors of the background, details and potential that redevelopment of
the Sun Road Plan area offers. The overall combination of desired mixed -uses, required planning and
design, financing and coordination with existing users presents an unparalleled complexity in community
planning. However, successful redevelopment of the Sun Road Plan area and implementation of the
vision described in this Plan has the potential to create an unparalleled pedestrian and transit oriented
development that will positively contribute to the Town Core and Avon community for many generations.
Sun Road Redevelopment Plan
December 10, 2024
Page 5 of 55
REDEVELOPMENT VISION: Avon envisions a mixed -use, transit -
oriented redevelopment project with 70,000+ sq.ft. of ground floor
commercial space and approximately [150-300] deed restricted
Community Housing units. Buildings should be built adjacent to the
sidewalk in a traditional downtown mixed -use urban manner. Parking will
be located behind the buildings in an above grade parking structure or
located below the buildings. The Sun Road right-of-way is anticipated to
be vacated and the square footage of this area — 26,200 sq. ft, is
expected to be reallocated to additional right-of-way along Avon Road
and West Beaver Creek Boulevard and for a public plaza. A right -in,
right -out vehicle access to the project area is expected to remain in the
approximate location of the existing Sun Road/Avon Road intersection.
The expectation for redevelopment of the Sun Road Plan area is to
accommodate the existing businesses and public facilities, including
Walgreens, FirstBank, and the U.S. Post Office. Other ground -floor
neighborhood commercial businesses are also appropriate. Regardless
of the mix of these components, all new development will incorporate best sustainability practices,
including all -electric construction and high energy efficiency. Additionally, Sun Road may be the most
suitable area for a transit center, as the Town anticipates that the existing Avon Station transit area will
be at capacity in 3-10 years, depending on the expansion or operational plans of Avon's regional transit
partners. Combining neighborhood commercial, Community Housing, and transit provides an ideal
transit -oriented development in this location.
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While the existing Town Center zoning
allows buildings up to 80', generous site
coverage, zero front yard setbacks and
7.5' side yard setbacks between buildings
on different lots, development is also
guided by the Avon Comprehensive Plan
and the Design Standards of the Avon
Development Code. Additionally, the
Avon Development Code also has a
Density Bonus process which allows for
flexibility in building height, density,
reduction in the number of parking spaces
and reduction of setbacks for projects that
provide Community Housing, public
amenities and economic value.
SAMPLE LAYOUT:
A sample / potential layout is
provided right, for illustration
purposes. Actual development
design and layout will likely vary.
DISPLACEMENT MITIGATION: Avon strongly
and public facilities to remain in the Sun Road Plan area. Avon will closely coordinate with existing property
owners and uses to determine appropriate plans for phasing, sequencing and redevelopment which can
mitigate or minimize the potential impacts resulting from redevelopment. This Sun Road Plan includes
strategies for Displacement Mitigation.
Sun Road Redevelopment Plan
December 10, 2024
Page 6 of 55
AVON INVESTMENT STRATEGY: The Sun Road
Plan is within the Avon Urban Renewal Authority
("Avon URA"), West Town Center Investment Area,
and the more recent Avon Downtown Development
Authority ("Avon DDA") area. The Avon URA and
Avon DDA have the authority to collect the increment
of new property taxes generated from new
development within these boundaries, and the Town
can then reallocate this money within Avon instead of
going to Eagle County. The Avon URA and Avon
DDA may also provide financial assistance for public
utilities, public plazas, courtyards, pocket parks,
Community Housing, and, potentially, parking
structures. The property tax increment revenues
generated from new construction are related to the
value of the new construction.
The amount of financial contribution towards
Community Housing is determined case -by -case,
considering any limits or restrictions on rent rates and
appreciation on resale; however, Avon's goal is to
achieve at least 50% of the residential units subject
to Community Housing deed restrictions with a strong
preference for a higher percentage of Community
Housing. Certain taxes and fees (including building
permit fees) related to Community Housing
development in Avon are eligible for waiver, which
help to offset development impacts.
Urban Renewal Authority Boundary
BELOW
December 10, 2024
Page 7 of 55
I
Chapter l:
INTRODUCTION
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PURPOSE: This Sun Road Plan establishes a community based plan and vision for the redevelopment of
the Plan area which best supports Avon's Comprehensive Plan goals, the Avon Community Housing Plan,
the West Town Center Investment Plan and the Avon Downtown Authority Development Plan. Existing
development in the Plan area is substantially underutilized compared to development allowed under the Town
Center zoning. Redevelopment of this area presents a unique opportunity to guide and support high density
development to achieve many community goals.
The Sun Road Plan envisions a mixed -use urban neighborhood that includes a regional transit center that
includes Community Housing and neighborhood commercial amenities within easy walking distance to
Avon's civic, recreational, retail, and entertainment uses. This Plan provides the vision and strategies for an
economically viable and attractive residential neighborhood. The Avon DDA Plan recognizes the connection
between establishing a critical mass of full-time residents with viability of ground floor commercial uses.
Attractive neighborhood commercial uses may include restaurants, coffee shops, banking, pharmacy, postal
services, personal services and convenience retail. The Plan also supports high quality public spaces that
are integrated into the development to achieve quality urban design and an attractive, pedestrian -safe
environment.
The development of a high -density residential neighborhood in this area significantly advances Avon's
climate action goals by providing severely needed workforce housing near the major job centers of Avon,
Beaver Creek and Vail. The pedestrian access to neighborhood commercial and easy access to fare free
transit is intended to support a lifestyle that is not dependent on daily single -occupancy vehicle use. New
construction is envisioned to utilize all economically viable techniques to reduce or prevent greenhouse gas
emissions, including all electric and high energy efficient construction. Redevelopment of this area also
presents an opportunity for a common heating district which may provide economic efficiencies as well as
reduction of greenhouse gas emissions.
The Sun Road Plan will serve as the primary
guiding document for review and support of
any redevelopment proposals in the Plan
area by several entities including the Avon
Town Council, the Avon Planning and
Zoning Commission, the Avon Downtown
Development Authority, and Avon Staff.
STUDY AREA: The Sun Road Plan area
consists of approximately 8-acres located in
the Town Core on the southwest corner of
the 1-70/Avon Road Interchange. The study
area is comprised of four (4) privately -
owned parcels. The Sun Road Sub Area
currently provides lodging, commercial
retail (banking, drug store and the US Post
Office).
Sun Road Redevelopment Plan
December 10, 2024
Page 9 of 55
Existing uses adjacent to the Study Area include lodging, residential and a variety of commercial uses. Civic
uses include the Avon Town Hall, Avon Recreation Center and Avon Library.
ADJACENT DEVELOPMENT POTENTIAL: The Sun Road Area is substantially underdeveloped and
without major redevelopment since the Sheraton Mountain Vista development across from the USPS circa
2002. Sheraton Mountain Vista is a time-share hotel with a limited number of small employee housing units.
The third lot (Lot 3) was not developed and was sold to a hotel developer in 2022. Avon approved a hotel
project on Lot 3 in 2023. This 72,422+ sq. ft hotel is slated to have approximately 120 rooms.
Also nearby is the Avon Center, originally part of Lot B. This mixed -use structure is one of Avon's oldest
buildings. Much like the Sheraton Mountain Vista, the "final" phase of this development was never
constructed, and this area/lot is currently vacant except for surface parking. Lodging and residential
development across the street from the Sun Road Plan area is expected to increase demand for potential
neighborhood commercial and personal services.
South of Lots 3 and B lies the Avon Pedestrian Mall, also known as La Zona. Avon's goal is to ensure a
pedestrian access through these properties remains regardless of redevelopment, to connect West Beaver
Creek Boulevard to the Westin Gondola (to Beaver Creek), the regional bike and pedestrian path that travels
Sun Road Redevelopment Plan
December 10, 2024
Page 10 of 55
KEY STAKEHOLDERS: Key stakeholders include the property owners and the existing businesses, Avon,
the Avon URA (Town Council) the Avon Downtown Development Authority (an independent body appointed
by Council), and the greater community in general — especially those within walking distance.
Very prominent to this endeavor is the Avon Downtown Development Authority ("Avon DDA"): The Avon
DDA was formally established in 2023. The goal of the Avon DDA is to promote high -quality in -fill
development and redevelopment with the Avon DDA plan area to increase Community Housing and support
successful ground level retail and commercial development. The Avon DDA includes East Town Center,
West Town Center, Nottingham Station, and the valley floor from Post Boulevard to City Market, Walmart,
Home Depot, Traer Creek Plaz(
Boulevard interchange.
SUN ROAD PLAN AREA:
The Sun Road Plan area
consists of four individual
properties with different
owners:
1. The Comfort Inn
2. The United States Postal
Service
3. Walgreens Pharmacy
4. FirstBank
Parcel Land Use Description
1 Accommodations I Comfort Inn
2 Public/Civic
3 Commercial /
Retail
4 Commercial /
Service
Table _ : Existing Parcel Area
Sun Road Redevelopment Plan
December 10, 2024
Page 11 of 55
US Post Office
Walgreens
FirstBank
Zoning Parcel Area
RH-C Residential High
Density Commercial
Retired
2.78 acres
TC - Town Center
2.56 acres
TC - Town Center
1.08 acres
TC - Town Center 1 1.71 acres
8.14 acres
PROCESS: The Sun Road Plan was prepared over the course of fourteen
months with participation by the Avon DDA, Planning and Zoning Commission,
Town Council, and the Public (November 2023-January 2024). The Sun Road
Plan incorporates important goals and strategies from the Avon
Comprehensive Plan, Avon Community Housing Plan, Avon Transportation
Plan, West Town Center Investment Plan, Avon Downtown Development
Authority Plan and Eagle County Climate Action Plan. Particular attention was
given to the West Town Center Investment Plan to retain and incorporate
vision, goals, strategies and design principles which are still relevant to the Sun
Road Plan area.
The Sun Road Plan was reviewed by the Avon DDA and Avon PZC. The Avon
DDA held multiple work sessions and a public hearing on November 4, 2024,
provided a recommendation to the Council to adopt this Plan. The Avon PZC
held public hearings on November 18 and December 9, 2024, and also
provided a recommendation to the Council to adopt this Plan.
The guidance in this Sun Road Plan is intended to articulate the goals and
vision of the Avon community while acknowledging the importance of
collaboration with private developers. Any prospective development in the Sun
Road Plan area will require subdivision and development plan review under
the Avon Development Code, analysis of potential tax increment revenues,
review of financial investment and commitments by Avon, project review by the
Avon Downtown Development Authority in addition to review by the Avon Town
Council.
0
REDEVELOPMENT GOALS: The Redevelopment Goals of the Sun Road Plan
are to promote redevelopment of this area into a high density, mixed -use
development which (1) maximizes full-time residential density, (2) mitigates
relocation or displacement of existing uses, (3) incorporates high quality
architectural design and high -quality urban design, and (4) establishes a new
Regional Transit Hub (Transit Oriented Development). The recommendations,
strategies, policies, and programs within this Plan provide direction for
redeveloping the Sun Road area. There are no residential units currently within
the Sun Road Plan area. New residents will support neighborhood businesses
which will create activation, vibrancy and identity for the neighborhood.
Additional commercial uses will also add amenities for residents and visitors.
Sun Road Redevelopment Plan
December 10, 2024
Page 12 of 55
Kick-off and
Site Tour
November 2023
Visioning
Workshop
February 2024
Alternatives
Workshop
April 2024
Preferred
Concepts
May 2024 —
PLAN OBJECTIVES: Plan Objectives, predominantly derived from work sessions with the DDA, are set
forth as follows:
• Establish a new regional transit hub to offset use at Avon Station.
• Maximize Community Housing and achieve or exceed a minimum of 50% of residential development
in the Sun Road Plan area as full-time, primary residential use.
• Identify options for financial support and partnerships to incentivize redevelopment, including but not
limited to use of the Avon URA Avon DDA and state and federal grants.
• Promote redevelopment that creates a vibrant urban neighborhood.
• Support public -private strategies to construct public parking.
• Incorporate safe and attractive pedestrian access throughout the neighborhood and connecting to
adjacent areas.
• Incorporate high quality urban design and sustainable development practices.
• Include an attractive public plaza with public art that supports adjacent civic and commercial uses.
• Include functional traffic design that maximizes efficiency for ingress and egress
• Ensure infrastructure capacity will support new redevelopment.
• Achieve all -electric, energy efficient design
• Explore feasibility of district heating utilizing Avon's heat recovery system
ROLE OF THE SUN ROAD PLAN: This Plan provides a guide for Avon, property owners, developers and
investors when designing and evaluating redevelopment projects. Avon recognizes that actual
development design will likely result in different configurations and will require extensive coordination with
existing uses in the Plan area. Development will likely occur in phases, including Plan adoption; land
assemblage, acquisition, and/or partnerships with existing property owners; conceptual designs; updates
to Capital Improvement Plans and financial strategies; updates to the Avon Development Code; soliciting
developers and investors to implement redevelopment; facilitating design review and entitlement process.
The Plan also addresses mitigation of relocation and displacement of current uses to implement the
redevelopment of the Plan area. This Plan should be used to strongly promote the desires uses, urban
design and architecture while recognizing flexibility in layout and phasing to coordinate with existing uses
and investment parameters.
CONCEPTUAL FRAMEWORK: Consensus was established for a full-time resident neighborhood in the
heart of Avon within easy walking distance to civic, recreational, retail, and entertainment. The Plan
identifies community benefits that would be realized with development, including Community Housing,
pedestrian activation and placing making, establishment of a new regional transit facility, and establishing
successfully ground level commercial uses. This Plan recognizes that flexibility in the mix of uses and
design may be required for financial viability.
Land Use Metric Existing Concept
Residential
Accommodations
Commercial
Parking
Civic Plaza
Units
0
180-300
Rooms
150
250
Sq. Ft
62,000
62,000-70,000
Spaces
373
600+
Acres
0
0.2
Fig
Sun Road Redevelopment Plan
December 10, 2024
Page 13 of 55
PLAN PRIORITIES: A series of guiding principles were developed to evaluate concepts for the Sun Road
Plan. The guiding principles evolved into a series of Design Priorities as the project advanced. For example,
developing a mixed income Community Housing strategy and ensuring equitable development that minimizes
small business displacement in the Sub Area was deemed an important overarching principle.
The following six Plan Priorities drive the concepts, goals, objectives and design standards for this Sun Road
Plan:
1. Community Housing
a. Increase opportunities for full-time residential occupancy in the Town Core
b. Provide housing types appropriate for urban core environment
c. Strive to maximize rent -capped and price -capped deed restricted units that will remain affordable
over time
2. Regional Transit Hub
a. Incorporate a regional transit hub into the Plan
area
b. Increase pedestrian travel with concentrated
Community Housing on the valley floor
c. Improve opportunities for social interaction in
creating a vibrant Town Core
d. Increase convenience for workforce traveling
up and down the valley to employment centers
e. Decrease air pollution and energy
consumption with more trips made without
personal vehicles
3. Pedestrian Experience
a. Improve attractiveness, functionality and safety
of pedestrian routes within the Plan area
b. Maintain and or improve pedestrian
connections to adjacent areas
c. Integrate a public plaza and public art to
enhance pedestrian experience and support
activation and place making
Regional Transit Partners
4. Economic Development
a. Support redevelopment that enhances vitality of existing uses
b. Mitigate displacement of existing uses
c. Add neighborhood commercial uses that appropriately serve existing and planned residents and
visitors in and near the Plan area
5. Avon Authenticity
a. Retain existing businesses
b. Provide opportunities for new unique neighborhood businesses
c. Promote placing making that enhances investment interest and patronage of businesses
Sun Road Redevelopment Plan
December 10, 2024
Page 14 of 55
6. Public Space
a. Create an attractive public plaza that integrates with ground floor neighborhood businesses and
provides an inviting informal space for residents, visitors and regional transit users
b. Incorporate public art into the public plaza to enhance the interest and attractiveness of this
space
c. Situate the public plaza for high visibility, maximum solar access, and easy pedestrian access
d. Integrate the public plaza into the building form design to provide relief and interest to a wall of
buildings fronting the sidewalk
7. Urban Form
a. Maximize or more fully -utilize the development potential permitted under existing zoning
b. Situate buildings with ground floor commercial to front onto the adjacent sidewalks
c. Incorporate quality architecture and design, with particular attention the buildings fronting Avon
Road, West Beaver Creek Boulevard and the public plaza
d. Support ground level neighborhood commercial uses that are accessible to the public, such as
coffee shops, restaurants, bakeries
e. Take advantage of existing views in all directions
Picture on the Pedestrian Mall of Lettuce Shed Lane
Sun Road Redevelopment Plan
December 10, 2024
Page 15 of 55
Chapter 2:
EXISTING
ONDIT
CHAPTER 2: EXISTING CONDITIONS
EXISTING LAND USE: The Sun Road Plan area is comprised of four parcels on approximately eight (8)
acres. Current development includes (Comfort Inn, 146 rooms) United States Post Office (20,209 sq.ft.),
Walgreens (15,232 sq.ft.) and FirstBank (20,209 sq.ft.). There are no designated Town owned civic park
spaces or residential units within the defined study area.
1 - - -- -
i s
Comfort >
INN >
11
Sun Road Redevelopment Plan
December 10, 2024
Page 17 of 55
N
AAA
Lot Area Building Size
Property Acreage (Sq. Ft) (Sq. Ft) FAR
Comfort Inn
USPS
Walgreens
FirstBank
Sun Rd ROW
2.78
121,097
290,452
2.4
2.56
1 1 1,514
20,209
.2
1.084
47,219
15,232
.3
1.714
74,662
20,209
.3
0.61
26,203
N/A
0
Existing buildings are generally set -back form the street with parking lots in front, creating a suburban
Sun Road Redevelopment Plan
December 10, 2024
Page 18 of 55
rpr
FM
�r_.a._: 3r�.dr.,rr_�
FirstBank from Sun Road/Avon Road
Sun Road Redevelopment Plan
December 10, 2024
Page 21 of 55
ZONING: Properties in the Plan area are currently zoned Town Center (TC) and Residential High Density
Commercial (RH-C, a retired district). Each district defines allowable uses, development standards, and
parking requirements zone, and with TC being the majority zone district, redevelopment will not need a
rezoning to accomplish a new mix of uses in this area, except for the Comfort Inn property. Recommended
zoning change is to Mixed -Use Commercial to allow transition from this urban core area to adjacent three-
story multi -family structures. If there is a redevelopment opportunity to develop all the residential units as
deed restricted Community Housing units, then a Community Housing zone district (most likely, Community
Housing Mixed -Use or CHMU-1), would be in alignment with this change of use.
ZONE DISTRICTS
Town Center (TC) (USPS/bank/pharmacy): Purpose Statement: The TC district is intended to provide
sites for a variety of uses such as hotels, commercial establishments, offices, and some residential uses
in a predominately pedestrian environment. The Town Center should be distinguished from other areas
in the Town and serve as the focal point for social, business, and cultural activities. This district contains
the highest intensity of uses and should serve as the major transit destination as well as provide high
levels of pedestrian accessibility. The TC district implements the mixed -use classification of the Avon
Future Land Use Plan.
Sun Road Redevelopment Plan
December 10, 2024
Page 22 of 55
Residential High Density Commercial (RH-C) RETIRED (Comfort Inn): This zone district is retired
and may not be utilized for redevelopment of this property.
Mixed -Use Commercial (MC) (recommended for Comfort Inn): Purpose Statement: The MC district
is established to group and link places used for working, shopping, educating and recreating with
residential uses, thereby creating a compact community form. This district allows commercial, office,
civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred
district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve
traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed -use
land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town
Center as a transitional district.
WATER ACCOUNTING: The Sun Road Plan area is underdeveloped compared to existing zoning. Comfort
Inn is the only property that fully utilizes the water allocated. Although there is an additional 159 SFE's to
support new development, full redevelopment will require additional allocation of water rights. Water
conservation standards and regulations for both interior water use and outdoor irrigation are adopted in the
Avon Municipal Code.
This table represents the Single -Family Equivalent (SFE) allocated to each property compared to existing
development pattern:
SFE Water
Property Allocation SFE Current Use SFE Remaining
Comfort Inn
USPS
Walgreens
FirstBank
59.3
59.3
0
79.6
2.6
5.8
77
36.8
31
56.8
5.8
51
TOTAL 1 232.5 1 73.5 1 159
Sun Road Redevelopment Plan
December 10, 2024
Page 23 of 55
ACCESS + CIRCULATION: The existing street network in the Sun Road Plan area includes Sun Road,
West Beaver Creek Boulevard, and Avon Road. Sun Road is a fifty -foot wide right -of way curvilinear street
layout with six-foot wide sidewalks separated by landscape areas (estimated area is 0.61 acres or 26,203
sf). Sun Road accommodates an estimated 1,300 ADT's. There is no designated on -street parking on Sun
Road. Avon's pedestrian network offers an advantage to visitors and residents, as a walkable town.
L, �.��L _, r'a "+ rA,`.`4 e t .?4 �'��Sti�ir o v Xh-F �� ' •7 M- � ' y. �ri�L, YTFO;L. LL.1r'�.`'�;7' 1-i
O�Fi 1 j2.N11LE IRAD►US _ a
f0R 114.M1(F
TW Be er Creek Blv-, `Q/�
I
71 44d)
�Nottingharn
Harry APARK l m l
I O rr�
crag _ j
ks PARK ENTERANCE ` �O
' a *AVON RE= ENTER 4 N ,
OTOlN HALL �
_ a~ *AVON STATION
0
p�erer
GONDOLA t,
Fig Proximity Image
Sun Road Redevelopment Plan
December 10, 2024
Page 24 of 55
TRANSIT: Avon Transit serves both residents and visitors. The Avon public transit system provides year
round fare -free bus around Avon and a season skier bus in the winter for direct access to Beaver Creek Ski
Resort. Avon also has a partnership arrangement to support seasonal gondola service which provides a
connection from the Westin public plaza to the Landing chairlift on the lower Bachelor Gulch side of Beaver
Creek Ski Resort. Avon's Public Transit system provides four local routes that are a convenient way to
access local shops, restaurants, and attractions such as the Avon Recreational Center, Harry A. Nottingham
Park, or the public library, as well for skiers and employees going to Beaver Creek.
LOCAL TRANSIT
The Avon East --Red Line runs every 30-minutes between 6:30am to 10:00pm. The route services the
residential areas in east Avon along Hurd Lane and Hwy 6, including Traer Creek Plaza and Buffalo
Ridge Housing Complex.
The Avon West --Blue Line runs every 30-minutes between 6:28am to 10:00pm. The route services
the residential areas in west Avon along West Beaver Creek Boulevard and Hwy 6, including the Town
Core businesses and Traer Creek Plaza.
Figs. : Typical Seasonal Public Transit Routes
See also Bus Routes and Schedules
Sun Road Redevelopment Plan
December 10, 2024
Page 25 of 55
REGIONAL TRANSIT
In the winter of 1987-88, Avon took over the operation of the regional bus service and continued operation
through intergovernmental agreements until April 2001, when ECO Transit officially assumed day-to-day
operations for regional bus service. In 1994 the funding partners decided to seek a dedicated funding
source (Eagle County transportation sales tax) for regional transportation. As the valley's population had
grown, the demands for transportation had also increased, and this translated into a larger financial
commitment from the funding partners. A ballot initiative for a dedicated funding source was approved
by the voters in November 1995. The Eagle County Regional Transportation Authority was made official
on January 1, 1996.
In November 2022, residents voted to improve the formation of a new regional transportation authority,
the Eagle Valley Transportation Authority ("EVTA") which has since been rebranded as "Core Transit".
Core Transit provides fare -free service to Avon, Edwards, Eagle, Minturn, Red Cliff, Vail, and Beaver
Creek.
PARKING: The Sun Road Sub Area includes a total of 373 surface parking spaces*. Each parcel includes
on -site surface parking and service access. Table XX summarizes the current parking requirements for the
Sun Road Sub Area based on the current Town of Avon Development Code.
*Off street parking only. Sun Road does not include on -street parking along West Beaver Creek
Use Category Use Type Parking Requirement
Residential
Hospitality
Commercial Uses
Dwelling, Multi -Family
Studio: 1 per unit
1 BD: 1.5 per unit
1 BD/DU > 2,500SF: 2 per unit
Guest Parking for Multi -Family
Varies by # of units
Accommodations
1 per unit
General
4 per 1,000 sf.
Food + Beverage
1 per 60 sf.
Office
3 per 1,000 sf.
Table _ : Current Parking Requirements
Parcel
Block
Land Use
Description
Zoning
Parking
Provided
1
A
Hospitality
Comfort Inn
RH-C
147
2
A
Commercial / Retail
US Post Office
TC
78
3
A
Commercial / Retail
Wal reens
TC
60
4
B
Commercial / Retail
FirstBank
TC
88
TOTAL
373
Table _ : Existing Parking by Parcel
Sun Road Redevelopment Plan
December 10, 2024
Page 26 of 55
PUBLIC REALM + OPEN SPACE: There are no designated public -owned greenspace areas in the Sun
Road Sub Area today; however, this area is within a 5 minute walk to Harry A. Nottingham Park, Avon's
largest regional park. Private parcels include landscape buffer areas along Avon Road, Sun Road, West
Beaver Creek Boulevard. The existing landscape is comprised of mature vegetation. The adjacent West
Beaver Creek Boulevard was rebuilt in 2018 and updated the streetscape with design with tree -lined streets
and limited on -street parking.
boundaries and addresses known existing domestic water and sanitary sewer mains. The Sun Road area
includes the area north of West Beaver Creek Boulevard adjacent to Sun Road. The East Avon area includes
the area east of Avon Road, south of 1-70, west of Chapel Alley and north of the railroad tracks. The narrative
is based on available recent site information (previously completed site survey) and preliminary based on as -
built information received from the Town of Avon.
Domestic Water. In the Sun Road area, a 12" DIP domestic water main runs south of West Beaver
Creek Boulevard from the west end of the study area past the intersection of Sun Road. The water main
then cuts across West Beaver Creek Boulevard to the north side across Avon Road. There is an 8" DIP
water loop that goes north into Sun Road at intersection and cuts back south to return to 12" DIP main
in West Beaver Creek Boulevard. The 12" main then connects to a 12" DIP main running north to south
in East Avon Road. The domestic water described continues across Avon Road along the north side of
East Beaver Creek Boulevard to the Plaza Road intersection. Just past the Plaza Road intersection, the
water main crosses East Beaver Creek Boulevard the south side of the road and continues east in the
roadway past the intersection with Beaver Creek Place. the water main then turns southeast along the
property line to Beaver Creek Place. The water main then runs within the southern lane of Beaver Creek
Place to the intersection of East Benchmark Road. From a tee in Beaver Creek Place, a water main runs
south in Chapel Place to the east end of the study area. Another water main runs along the west edge
of the study area in East Benchmark Road to Avon Road.
Sanitary Sewer. In the Sun Road area, an 8" PVC sanitary sewer main runs north of West Beaver Creek
Boulevard from the west end of the study area passed intersection with Avon Road towards the east end
of the study area. Approximately 150' from Avon Road the sanitary sewer main crosses West Beaver
Creek Boulevard, the 8" main runs along the south side of the road and then heads south along west
shoulder of Avon Road. There are five manholes along West Beaver Creek Boulevard. In the East Avon
area, the sanitary sewer continues across Avon Road in the north lane of East Beaver Creek Boulevard
past Beaver Creek Place. The as-builts past this point are incomplete, but JVA is assuming that the
Sun Road Redevelopment Plan
December 10, 2024
Page 27 of 55
sewer main ends here. Another main runs in the east lane of Beaver Creek Place and ties into the above -
described sanitary sewer main at the East Beaver Creek/Beaver Creek Place intersection. This branch
of the main runs in the east/north lane of Beaver Creek Place to eastern most north property line,
approximately 225' away from East Beaver Creek Boulevard. Another sanitary sewer main runs along
the west edge of the study area in East Benchmark Road to Avon Road.
Drainage. Drainage for this area has been addressed with previous approvals of existing
developments. Additional drainage improvements may be required depending upon site design.
Fiber Optic. Fiber conduit will be needed along roads where parcels do not connect to existing
conduit. For example, using the current development as a proposed model, conduit installation along
Avon Road is recommended to provide fiber access to the Walgreens parcel.
See image, next page.
Sun Road Redevelopment Plan
December 10, 2024
Page 28 of 55
Figs. : Existing Fiber Optic Installation
Sun Road Redevelopment Plan
December 10, 2024
Page 29 of 55
Chapter 3:
STRATEGIC
VISION
orm
OLi
tA m
INTRODUCTION: Redevelopment of the Avon Sun Road Plan area has the potential to provide uses desired
by the Avon community, significantly advance and enhance the character of Avon's Town Core, establish a
true pedestrian and transit oriented mixed use development, increase the local economy, and implement
complex climate action strategies. The vision, goals, and objectives were developed and refined by the Avon
DDA and Staff, and further refined with the property owners, existing business owners and the Avon Planning
& Zoning Commission. The vision, goals, and objectives served as guideposts throughout the planning
process. Chapter 5. Implementation and Chapter 6. Design Standards and Expectations are intended
to achieve the vision, goals and objectives.
Avon recognizes the necessity to maximize development of new Community Housing in the Town Core to
promote sustainable and livable workforce housing while also supporting the success of local businesses
that are dependent on an available workforce and benefit from a full-time resident population. The Sun Road
Plan area has the potential to increase the volume of development significantly in the Town Core and achieve
urban floor area ratios of 3:1 and up to 5:1.
PLANNING PRINCIPLES: The following Planning Principles were used to create the vision for
redevelopment of the Sun Road Plan area.
Sustainable Design
• Achieve a mixed -use pedestrian and transit -oriented development
• Require all -electric energy efficient building construction
• Incorporate convenient recycling and composting in the design
• Require the use of sustainable and environmentally appropriate building materials
• Encourage connection to the existing Heat Recovery System for energy offset purposes
• Explore use of geothermal possibilities
Land Use
• Achieve a mix of uses that compliment and reinforce each other to create a neighborhood,
including Community Housing, neighborhood and regional commercial retail and personal services,
accommodations, regional transit center, and public civic spaces
Pedestrian Circulation
• Ensure that pedestrians have safe, convenient and attractive access throughout the Plan area
• Apply pedestrian -first design strategies which prioritizes the pedestrian over vehicles
• Include pedestrian walkways and highly visible street crossings for convenient connection to
adjacent areas
• Incorporate wayfinding, landscaping, street furniture, and public art in pedestrian corridors
Vehicular Circulation
• Preserve the existing Sun Road/Avon Road intersection as a right -in, right -out vehicle access to
the plan area
Sun Road Redevelopment Plan
December 10, 2024
Page 31 of 55
• Incorporate design and layout that is efficient for vehicles and transit with regard to turning
movements and access
Parking
• Integrate a centralized shared -use parking structure and program to accommodate residents,
visitors, and businesses
Character
• Require new development to incorporate mountain contemporary architecture that complements
and advances the emerging character in Town Center
• Recognize opportunities for architecture and building design to create a strong gateway first
impression on the north east corner with Avon Road and on the Avon Road/West Beaver Creek
Boulevard Corner
• Ensure that ground -level commercial uses are visible, fit the area's character, and support a
pedestrian -friendly experience
• Maximize solar exposure
• Orient buildings and entries to front adjacent sidewalks and a public plaza
• Incorporate high -quality landscape areas are designed to enhance gateway entries in the Town
Center (Avon Road) and the Sun Road area
Views
• Maintain critical views to and from the Sun Road area
• Provide visibility to orient people to their surroundings
COMMUNITY HOUSING: The Avon DDA and PZC assisted in developing guiding principles used to
evaluate design concepts for the Sun Road Sub Area. The guiding principles evolved into a series of
Design Priorities (see Chapter 6) as the planning effort advanced. For example, developing a mixed
income Community -go—using strategy and ensuring equitable development that minimizes small
business displacement in the Plan area is an important principle.
Avon has a broadly stated goal to achieve at least 50% full-time residential occupancy in new residential
development. This goal is stated in the 2021 Avon Community Housing Plan and is supported by the Avon
DDA Plan. This is an important element for the Sun Road area, and for Avon as a whole. Some portion of
free market residential development will likely be necessary to support financial viability of a redevelopment
project that incorporates Community Housing.
LAND -USE MIX: The Sun Road Plan area future land uses will center on new multi -family Community
Housing that may include both standalone multi -family and upper -level housing units above ground level
commercial and civic uses. Ground level uses should incorporate the existing US Post Office, pharmacy and
bank uses that serve the community while providing opportunities for additional neighborhood commercial
uses such as coffee shop, restaurants, retail, personal services and regional transit center uses. Ideally, the
mix of increased full-time residential use with neighborhood commercial and civic uses will create a synergy
that enhances activation, vibrancy, and place making.
Sun Road Redevelopment Plan
December 10, 2024
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A larger regional transit center presents both complications and opportunities for redevelopment of the Sun
Road Plan area. A regional transit center will bring significant pedestrian traffic to this area will providing a
modern and more functional transit hub that can accommodate future growth of transit operations.
The Plan also recommends the redevelopment of the existing Comfort Inn site to accommodate an increase
in the number of hotel rooms and visitor amenities such as a bar and restaurant, and pool and gym facilities
— expected in newer hotels.
Fig. _ Conceptual Land Use Diagram
IMPROVED STREET SYSTEM: The existing right in -right out of the Avon Road/Sun Road intersection
should remain for internal vehicle access. The secondary point of access into the redevelopment site would
be from West Beaver Creek Boulevard. This Plan anticipates that Sun Road would be vacated and the area
of the right-of-way would be reallocated to other uses that advance the Design Priorities. This Plan also
contemplates that a round -about may be appropriate near the intersection of Sun Road and West Beaver
Creek Boulevard to support bus movements associated with a regional transit center.
TOWN CORE ACTIVATION: The existing building development in the plan area is set back from the sidewalk
with the parking lots in front in a low -density suburban development pattern. This results in a higher frequency
of vehicle use to access the businesses and a low level of pedestrian access and activity. Increasing the
overall density of development, introducing full-time residential occupancy, adding the pedestrian traffic
associated with a regional transit center, and enhancing pedestrian attractiveness on sidewalks and with a
public plaza are all expected to support significant activation and pedestrian use in the Plan area. The Avon
Municipal Code design standards and application of Design Standards and Expectations in Chapter 6 will
result in attractive mixed -use project that is desirable as a location for neighborhood businesses and
increases interest in business investment in Avon's core.
Sun Road Redevelopment Plan
December 10, 2024
Page 33 of 55
BUILT FORM + URBAN DESIGN: Quality urban design for the Sun Road Plan area is appealing for
residents to frequent, live, and work in, while supporting our mountain lifestyle in the heart of the valley.
PRESENT BUILDING USE + FORM
The Sun Road Sub Area is generally
defined as a low -density suburban form
of development. The existing parcel
and block sizes are large with surface
parking fronting the building
development area. Existing structures
are "underdeveloped" one-story
commercial retail (Walgreens,
FirstBank and US Post Office), which
do not maximize the existing potential
of the underlying zoning. The Comfort
Inn, built in 1986, is a 4-story structure
that accommodates 146 rooms. The
neighboring FirstBank building was
built in 1987, and the U.S. Post office is
estimated to have been built in 1994.
The Walgreens is the most recent
structure built in 2012, replacing what
was once a Denny's restaurant.
The most predominant feature of the
Sun Road area is the amount of
surface parking, as seen in the image,
right. Designed for vehicles, not
pedestrians, the Sun Road area is
primed for the introduction of uses like
residential upper floors with mixed
uses serving the Sun Road area on the
lower I street level.
The revitalized Sun Road area should accommodate a thoughtful variety of architectural forms and styles,
massing arrangements, and consider scale. New structures should be oriented to the south and west to
take advantage of the views, solar gain, and site aspect. Building entries should be highly visible and
building articulation and fenestration should support a highly transparent effect for ground level
commercial.
Sun Road Redevelopment Plan
December 10, 2024
Page 34 of 55
250
Accommodation
Rooms
70,000
62,000
Commercial
(Sq. Ff)
Residential Units Parking Spaces
Fig._ Redevelopment Program
8,712
Civic Plaza
(Sq. Ff)
The overall massing and scale, and orientation of proposed structures should enhance views on to the
site and beyond. Structures may range in height and include up to six or seven stories. Taller buildings
should front the 1-70 corridor and Avon Road. Built massing should be enhanced at entries and at
prominent corners within this area.
SPECIALTY USES: The Sun Road Plan area is centrally located in the Town Core and occupies a
prominent corner on Avon Road. Recommended commercial uses include the existing U.S. Post
Office, bank and pharmacy. Additional commercial uses should include uses that serve the
neighborhood and transit users, such as cafe, coffee shop, restaurant, bakery and personal services.
Boutique or specialty retail uses and art galleries would also be appropriate.
Sun Road Redevelopment Plan
December 10, 2024
Page 35 of 55
COORDINATION WITH EXISTING PLANS: The Sun Road Redevelopment Plan is a focused plan document
for a specific, defined area within Avon Comprehensive Plan that provides a higher level of detail specific to
the defined area than what is generally found in the Comprehensive Plan. These subarea plans provide
greater detail and definition of existing conditions, community goals for development and redevelopment,
desired design elements, and strategies for implementation. This Plan will be adopted as an amendment to
the Avon Comprehensive Plan.
The following is a list of existing planning documents in Avon also guide development for the Sun Road area:
• 2024 Avon Comprehensive Plan
• 2023 Avon Downtown Development Plan
• 2021 Avon Community Housing Plan
• 2018 Multimodal Transportation and Parking Plan
• 2015 Avon Urban Renewal Plan for Town Center West Area
• 2015 Walkability Report
• 2009 H.A. Nottingham Park Master Plan
• 2009 Transportation Plan
• 2007 West Town Center Investment Plan
Sun Road Redevelopment Plan
December 10, 2024
Page 36 of 55
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Chapter 4:
7. REDEVELOPMENT
T •r
PPORTUNITY
;.`".:'irk=.•�.� �
Y
INTRODUCTION: The Sun Road Plan area is significantly underdeveloped. Town Center zoning can
support a floor area ratio of 3.5-to-1 or higher. Redevelopment of the U.S. Post Office, Walgreens and
FirstBank parcels presents a unique opportunity for a mixed -use project that has excellent transit connection,
increases housing options and increase the year-round, full-time resident population in the Town Core,
increases neighborhood commercial that serves residents and visitors in the Town Core area as well as
transit users, increases economic growth, and creates a vibrant neighborhood that attracts more investment
interest in the Town Core'.
The Sun Road Plan area future land uses will center on new multi -family Community Housing that will include
mixed -use buildings with upper -level residential above ground level commercial and may include stand-alone
residential buildings. Redevelopment will provide new ground level commercial spaces for existing users
and for additional commercial uses that will compliment and reinforce the functionality and vibrancy of this
area as an urban neighborhood. The Sun Road Plan supports redevelopment of the existing Comfort Inn
site to modernize this lodging and increase the number of hotel rooms.
Existing uses in the Sun Road Plan area are substantially set back off West Beaver Creek Boulevard offering
little to no visual indication of what is located within this area. Mature trees mask views to existing buildings.
The current uses are destination uses (bank/USPS/pharmacy). Much of the area is dominated by parking
lots, and little to no pedestrian traffic occurs in this area presently. Redevelopment has the potential to
implement a more traditional main street commercial mixed -use building form with buildings brought forward
to the sidewalk edge to enhance both visibility of businesses and pedestrian activation.
1 American Planning Association (National) MARCH 28, 2022, Blog EVERYDAY DESTINATIONS Supporting
Active Living Through Mixed -Use Developments, by Johamary Pena, AICP, Sagar Shah, PhD, AICP
Sun Road Redevelopment Plan
December 10, 2024
Page 38 of 55
PROPENSITY FOR DEVELOPMENT Step 1
Each of the four parcels in the Sun Road Sub Area were evaluated based on the likelihood of
redevelopment potential. The evaluation of the likelihood of redeveloping a parcel is included in the table
below. This criterion was used as a guide to inform the potential for individual parcel redevelopment.
Development
Propensity Key
W. Low
MEDIUM
-HIGH
Evaluation of Parcels for Redevelopment. Avon considered several factors when determining the
potential and desirability for redevelopment. The factors are generally weighted with a "high" "medium" or
"low" factor for redevelopment. These factors include:
Potential for Redevelopment:
Density. Whether the parcel is currently utilizing its potential for development. This is measured
as a floor area ratio (FAR) of total existing square footage of development compared to total
square footage of the lot. Town Center zoning comfortably allows five stories of development with
a site coverage of 80%, which would result in a 4:1 FAR. A FAR of 2:1 is utilizing less than one
half the potential development of the parcel and an FAR of 1:1 or less is considered to be
significantly underdeveloped.
2. Age or Condition of Building. Demolishing an existing building has more cost compared to
developing vacant land. Commercial buildings are often developed with a planned useful life of 40-
50 years. Older buildings which are nearing the end of its useful life are considered to have more
potential for redevelopment. Other considerations include existing condition of building and
whether repair, replacement or remodel investments have occurred recently.
3. Infrastructure. Consideration is given to whether existing infrastructure surrounding and serving
the parcel can support redevelopment or will require off -site improvements.
Sun Road Redevelopment Plan
December 10, 2024
Page 39 of 55
4. Ownership and Encumbrances. Consideration is given to current ownership structure, existing
leases, and covenants, easements or other agreements that affect title or potential redevelopment
of the property.
5. Environmental. Consideration is given to environmental factors which may impact or increase
costs for redevelopment. Environmental factors may include topography, slopes, hazardous
materials, drainage and floodplain, wildfire risk, poor soil and other physical factors affecting
development.
6. Zoning. Consideration is given as to whether existing zoning allows redevelopment.
Desirability for Redevelopment:
7. Current Use. Consideration is given as to whether the current use is compatible with zoning and
Comprehensive Plan. Current uses which are desirable, and which can be incorporated into
redevelopment plans should be given medium, or neutral, weight.
8. Potential Uses. Consideration is given as to whether there are additional uses which are desired
by the community.
Tax Revenues. Consideration is given as to what taxes are generated from existing use and what
taxes may be generated from additional or alternate future uses.
PARCEL 1: COMFORT INN
CONSIDERATION
WEIGHT
COMMENTS
This is a commercial lodging use with 146 rooms that could
1. Density
Medium
be expanded with redevelopment or converted to residential.
It may be problematic to convert.
2. Age/Condition
Medium
Building was constructed in 1986 and appears to be in good
condition.
3. Infrastructure
High
Existing infrastructure exists to support redevelopment of the
parcel.
4. Ownership 1
Medium
A corporate owner operates the existing lodging use. There
Encumbrances
are no known encumbrances.
5. Environmental
High
This parcel is very flat. There are no known environmental
constraints to redevelopment.
Current zoning is a retired zone district: RH-C Residential
High Density Commercial. For redevelopment, most likely an
6. Zoning
Medium
alternate zone district would be applied. If converted to
mixed use or residential, a Development Bonus potentially
could vary building height, density, parking and setbacks.
7. Current Use
Low
Current use is desirable as Avon's use generating Lodging
Tax.
8. Potential Uses
Low
Several potential uses are highly desirable on this site,
including mixed use or additional lodging uses.
9. Tax Revenues
Medium
The property generates commercial property tax and lodging
tax but does not generate sales tax.
Overall rating for Redevelopment Potential is Medium
Sun Road Redevelopment Plan
December 10, 2024
Page 40 of 55
PARCEL 2: US POSTAL SERVICE
CONSIDERATION
WEIGHT
COMMENTS
1. Density
High
Current FAR is XXX and is substantially underdeveloped.
2. Age/Condition
High
Building was most likely constructed in the early to mid-
1980's and appears to be in good condition.
3. Infrastructure
High
Existing infrastructure exists to support redevelopment of the
parcel.
4. Ownership 1
High
The USPS operates the existing building. There are no
Encumbrances
known encumbrances.
5. Environmental
High
This parcel is very flat. There are no known environmental
constraints to redevelopment.
6. Zoning
High
Current zoning is Town Center. A Development Bonus
potentially could vary building height, density, parking and
setbacks
7. Current Use
Medium
Current use serves the community; however, potentially not
specific to this lot and to this degree, but is acceptable within
the zoning and Comprehensive Plan
8. Potential Uses
High
Several potential uses are highly desirable on this site,
including Community Housing, regional transit center,
additional neighborhood commercial, and parking
9. Tax Revenues
-
The property aenerates no tax or financial benefit to Avon
Overall rating for Redevelopment Potential is HIGH
PARCEL 3: WALGREENS
CONSIDERATION
WEIGHT
COMMENTS
1. Density
High
Current FAR is XXX and is potentially underdeveloped.
2. Age 1 Condition
Medium
Building was constructed in 2012 and is in good condition.
3. Infrastructure
High
Existing infrastructure exists to support redevelopment of the
parcel.
4. Ownership 1
High
Corporate owner operates the existing building. There are
Encumbrances
no known encumbrances.
5. Environmental
High
This parcel is very flat. There are no known environmental
constraints to redevelopment.
6. Zoning
High
Current zoning is Town Center. A Development Bonus
potentially could vary building height, density, parking and
setbacks.
7. Current Use
Medium
Current use is desirable, serves the community, and fits the
zoning and Comprehensive Plan.
8. Potential Uses
High
Several potential uses are highly desirable on this site,
including Community Housing, regional transit center,
additional neighborhood commercial, and parking.
9. Tax Revenues
Medium
The property generates commercial property tax and
generates sales tax.
Overall rating for Redevelopment Potential is HIGH
Sun Road Redevelopment Plan
December 10, 2024
Page 41 of 55
PARCEL 4: FIRSTBANK
CONSIDERATION
WEIGHT
COMMENTS
10. Density
High
Current FAR is 0.2-to-1 and is substantially underdeveloped.
11. Age I Condition
Medium
Building was originally constructed in 1987 and appears to
be in good condition.
12. Infrastructure
High
Existing infrastructure exists to support redevelopment of the
parcel.
13. Ownership I
High
Owner operates the existing building. There are no known
Encumbrances
encumbrances.
14. Environmental
High
This parcel is very flat. There are no known environmental
constraints to redevelopment.
15. Zoning
High
Current zoning is Town Center. Development Bonus is
allowed for building height, density, parking and set backs.
16. Current Use
Medium
Current use is desirable, serves the community, and fits the
zoning and Comprehensive Plan
17. Potential Uses
High
Several potential uses are highly desirable on this site,
including Community Housing, regional transit center,
additional neighborhood commercial, and parking
18. Tax Revenues
Medium
The property generates commercial property tax, but does
not generate sales tax or accommodations tax
Overall rating for Redevelopment Potential is HIGH
CONCEPT ALTERNATIVES: Three high-level concepts were evaluated as part of the future Sun Road
Sub Area. The concepts considered existing conditions, project objectives, and potential redevelopment
opportunities for further exploration. The opportunities considered modifying existing land uses and mobility
and access consistent with the Sub Area's intended vision and goal.
The three alternatives included:
■ Concept 1: Regional Transit Hub/Ground Level Commercial/Community Housing + Free Market
[Comfort Inn is not included in development plan]
■ Concept 2: Ground Level Commercial/Community Housing [Lot by Lot in Phases]
■ Concept 3: Full Sub -Area Redevelopment [with Comfort Inn] Ground Level Commercial/Community
Housing
CONCEPT 1: Multi -modal Park-`N-Ride Structure
Description:
■ New 2-to-3 story parking structure to accommodate 500-550 parking spaces
■ Multi -modal function serving visitors
■ Access to transit and gondola
■ Sun Road right-of-way remains
■ Comfort Inn remains
■ Walgreens, FirstBank and U.S. Post Office site to be redeveloped to accommodate similar retail
uses
Sun Road Redevelopment Plan
December 10, 2024
Page 42 of 55
Key
- Sfudy Areas
Pedestrian Connections
Public Open Space
f® Parking Structure
Right of Way/Surface Parking
Existing Buildings
Proposed Buildings
CONCEPT 2:
Community Housing
Description:
• New community
housing to
accommodate 190-
220 units
• New shared use
parking structure to
accommodate 200-
300 parking spaces
• Sun Road rights -of -
way remains
• Comfort Inn remains
• FirstBank parcel
remains, or is
modified to
accommodate other
uses as a pharmacy
retail -postal outlet
Sun Road Redevelopment Plan
December 10, 2024
Page 43 of 55
CONCEPT 3: Full Sub Area Redevelopment
POLICY — RESIDENTIAL OR LODGING FOR COMFORT INN
Description:
• New community housing accommodates 200-300 units and residential amenities (pool / club
house)
• New shared -use parking structure to accommodates 200-300 parking spaces
• Sun Road rights -of -way is eliminated
• Comfort Inn, Post Office, Walgreens and FirstBank parcels are redeveloped (land acquisition / land
assemblage is pursued for redevelopment
• New civic green space / additional surface parking
1 f ri'i•. JL 2.
Sun Road Redevelopment Plan
December 10, 2024
Page 44 of 55
l *Oze Y.�JL.V1 1 . 1' ; ".%_' ass .:
STRENGTHS, WEAKNESSES, + OPPORTUNITIES
The analysis below represents each alternative and the Pros and Cons for each Concept under study.
Concept 1: Multi -modal Concept 2: Community Concept 3: Full Sub Area
Park-n-Ride Structure Housing Redevelopment
Pros
• Provides large supply of
parking spaces in one
location
• Easily accommodates and
intercepts visitors off 1-70
• New renovated ground level
commercial / retail
• Ability to move Avon Station
to this location to
accommodate expanded use
Cons
• Location as a major public -
private funded parking
investment
• Large parking structure
footprint
• Consumes a significant
portion of the Sun Road
Sub Area
• Limits potential to
accommodate Community
Housing
Sun Road Redevelopment Plan
December 10, 2024
Page 45 of 55
• Supports new Community
Housing opportunities
• Multi -family wrapped around
parking structure
• Resident amenities (pool / club
house, lawn area)
• Opportunity for strong retail
street edge on West Beaver
Creek Boulevard
• Enhance pedestrian
connections
• Improved walking paths to
Main Street Mall + beyond
• Sun Road infrastructure
remains
• Parking structure only, limited
surface parking
• No drive thru lanes
• Does not optimize
redevelopment opportunity
• Opportunity for corner retail
(coffee shop, restaurant)
• Stronger Street edge along
West Beaver Creek
Boulevard
• Enhanced pedestrian
connections
• Walking paths to Main Street
Mall + beyond
• Comfort Inn redevelops to
maximize development yields
• New 6-to-7 story lodging (250
plus rooms) Increase lodging
• Amenities (pool, restaurant,
small retail)
• Secured, shared parking
spaces in oarkina structure
• Infrastructure cost to
relocate Sun Road utilities
• Land acquisition / land
assemblage
PREFERRED CONCEPT: A Multi -modal, transit -oriented development ("TOD") is a type of development that
concentrates residential, business, and leisure space within walking distance of public transportation. TODs are
designed to be dense, walkable, and mixed -use, and are intended to create vibrant, sustainable, and equitable
communities.
TODs can have many benefits, including:
• Reduced dependence on cars: TODs can lead to less dependence on motor vehicles and reduce exposure
to traffic and noxious fumes.
• More efficient use of resources: TODs can help use resources more efficiently.
• Better for Increased Equity: TODs assist in providing housing options for all persons who work within Avon,
or outside of town in offering immediate multimodal transportation options.
• Support for Avon's Hospitality uses: The Sun Road area is walkable to Avon's existing accommodation
hotels, making this site a centralized asset for visitors.
EXAMPLE 1
The Hub at Willits
(Pitkin County)
Source:
aspensnowmass. com
h at Willits is located in Basalt, considered mid-
t 22 miles (or about 25-35 minutes) from Aspen.
to a bus rapid transit facility, which efficiently
people up and down the Valley.
o multiple restaurants, two grocery stores,
outdoor trails, Crown Mountain Park and various shops and storefronts. The hope is that when residents of The Hub
are commuting less, spending less money on housing, and living within the heart of the community where they work,
they will have an overall better quality of life.
EXAMPLE 2
Snowmass Mall Transit Center
This project is still in the planning
process. Similar to Avon, this is an infill
project adjacent to housing and shops
in the heart of Snowmass.
Sun Road Redevelopment Plan
December 10, 2024
Page 46 of 55
A.
4
Chap80
I II�iII EMENTATION
STRATEGY
tux
This section serves as a delivery framework intended as a guide for future decision making and programming.
INTRODUCTION: The Sun Road Redevelopment sub -area parcels for U.S. Post Office, Walgreens and
FirstBank are already zoned Town Center. Redevelopment could proceed without Town incentives and
facilitation. The Implementation Strategy in this Plan focuses on creating a high quality, mixed -use
development that includes a new regional transit center, ground level neighborhood services and high density
Community Housing development. This section outlines the steps, challenges and the Town's role to
coordinate, facilitate, incentivize and advance redevelopment in this Plan area.
STRATEGY:
A. US POST OFFICE/WALGREENS/FIRSTBANK PARCELS: The primary parcels for redevelopment
planning are focused on the U.S. Post Office, Walgreens and FirstBank parcels because they are
currently under -developed and identified as having a high potential for redevelopment. These parcels
represent a unique opportunity to create a strong and attractive mixed -use development on a prominent
corner of Avon Road. Town's initial role includes contacting each of the property owners and
establishing a working relationship for conceptual design, planning and coordination for
redevelopment.
B. COMFORT INN PARCEL: The Comfort Inn parcel is identified as having medium potential for
redevelopment. The current zoning is designated as a "retired" which means any redevelopment will
require a new zoning designation. The recommended new zoning is Mixed -Use Commercial in order
to serve as a transition from the Town Center zoning to the (medium/high?) Residential Zone District
to the west (Greenbriar). The Town will support and facilitate an application for rezoning of the Comfort
Inn Parcel when desired by the property owner.
C. REGIONAL TRANSIT CENTER: The planning, design and financing of a new regional transit center
is complex. This effort will require coordination with CORE Transit and CDOT; coordination with
existing uses (i.e. U.S. Post Office, Walgreens, and FirstBank); planning and design to integrate upper
floor offices, high density residential, a parking structure and a public plaza; pursuit of state and federal
grant funding; public financing by the Town of Avon, Avon Downtown Development Authority, and/or
Avon Housing Authority; and partnership with private developer. Planning for a new Transit Center
should include a "build -out" assessment of potential development and projected growth of transit
services for the next fifty years. Avon will take the lead on coordinating with CORE Transit and will
offer the take the lead on apply for grant applications to assist with design and programming costs.
D. PLANNING AND DESIGN FOR US POST OFFICE, WALGREENS, FIRSTBANK: Planning and
design of for the U.S. Post Office, Walgreens and FirstBank will require initial coordination and
assessment by each existing property to determine space needs and any specialized designs unique
to the use in a redevelopment design (e.g. loading for U.S. Post Office, drive -through for U.S. Post
Office, Walgreens, and FirstBank). Transition and displacement mitigation must also be considered
for any future redevelopment. Such mitigation may include temporary alternate locations and/or
phasing of development to create new commercial space before demolition of existing space.
Sun Road Redevelopment Plan
December 10, 2024
Page 48 of 55
E. CONCEPTUAL DESIGN: The Town will seek to conduct or facilitate initial conceptual designs which
will be primarily intended to advance conversations and planning, determine physical feasibility, and to
generate prospective layouts and square footage estimates of different uses to create a financial pro
forma for potential development projects. The conceptual design process should utilize a Request for
Proposal process that is defined and administered with inclusion of the existing property owners and
the Avon DDA. The conceptual design should consider traffic flow through the site from Avon Road to
the planned alignment and intersection for access to Lot B/Lot 3.
F. PARKING DISTRICT: Redevelopment of the plan area will require significant parking and a parking
structure. Conceptual design should recognize and seek to incorporate the designation of a parking
district as authorized in the Avon Development Code to reduce overall parking requirements and to
create a functional parking structure with safe pedestrian connections to ground floor uses.
G. DENSITY BONUS: The Avon Development Code allows for Density Bonuses for projects which
provide Community Housing, public spaces, and economic benefits. Density Bonuses may include
increased building height and reduced parking. The Sun Road Plan area may be suitable for increased
building heights due to the location on the north side of West Town Center. Any increase in building
heights should be used to create architectural interest and variation in building heights rather than
attempting to create a monotonous super block building on the site. Limited reduction of parking for
residential uses combined with access to car share programs should be considered.
H. FINANCIAL MODELLING: Town will retain third party consultants to assist with financial modelling of
potential development scenarios. Financial modelling will occur concurrently with development of
conceptual designs. Financial modelling will consider various mixes of deed restricted and free market
residential development, various mixes of resident occupied and price capped/rent capped deed
restrictions, tax revenues from different commercial, retail, residential and public uses, and potential
tax increment financing revenues as relates to the Avon URA and Avon DDA. The Avon Housing
Authority, or regional partnership of housing authorities, will be considered as a source of public
financing.
I. TRANSITION AND DISPLACEMENT MITIGATION: Concurrently with development of conceptual
designs, Town will work closely with existing property owners to identify feasible transition and
displacement mitigation. Transition and displacement mitigation may include assisting with off -site
temporary commercial space and/or phasing to develop new commercial space for move -in before
demolishing existing commercial space.
J. PARTNERSHIPS: Redevelopment of the Sun Road Redevelopment Plan area will require numerous
partnerships. Conceptual planning will require existing property owners to partner with the Town of
Avon, Avon Downtown Development Authority, Core Transit, and potential grant funding agencies.
Once a viable conceptual design is determined, then the Town would conduct a Request for Proposal
for Development Services to solicit an interested developer to further refine designs and ultimate
redevelop of the site.
Sun Road Redevelopment Plan
December 10, 2024
Page 49 of 55
IMPLEMENTATION TIMELINE:
Adopt Sun Road Redevelopment Plan: Q1 — 2025
Scoping for Transit Center and Existing Users: Q1 — Q2 2025
Apply for Grant Funding to Defray Conceptual Design Costs: Q1 2025
Solicit Conceptual Design Services: Q2 2025
Conceptual Design/Financial Modelling: Q3 2025 to Q3 2026
RFP for Developer Services: Q4 2026 — Q1 2027
Construction Design with Development Partner: Q2 2027 — Q1 2028
Commence Phase 1 Construction: Q2 2028
Sun Road Redevelopment Plan
December 10, 2024
Page 50 of 55
le
0
4w
�� Chapter 6:
- - DESIGN
} _ STANDARDS
At
This Chapter sets forth design standards and expectations for redevelopment of the Sun Road Plan Area
which will supplement the Design Standards set forth in Avon Municipal Code 7.28.090. The intent is to
provide clear guidance for desired design outcomes to maximize the efficiency of design and engineering
work.
Vacate Sun Road
Sun Road will be vacated as a public right-of-way. The .61 acre area (26,203 sq.ft.) of Sun Road will
be repurposed to increase the sidewalk right-of-way along Avon Road, provide additional right-of-way
as may be need along West Beaver Creek Boulevard to accommodate angle bus parking and a round-
about, and to provide public plaza area.
Sidewalks:
Avon Road - The sidewalk right-of-way
along Avon Road shall be increased to a
minimum of 16' width to allow a generous
8' wide sidewalk in front of buildings and
generous 8' wide planting area for trees
and landscaping. Avon Road is a busy
arterial. The additional landscaping will
create a barrier between the sidewalk and
Avon Road to improve safety and
enhance the pedestrian experience.
Widening the sidewalk right-of-way by 8'
is estimated to require 3,600 sq.ft. of
additional area [estimated 450' length].
West Beaver Creek Boulevard
The sidewalk may need to be increased to accommodate both pedestrian passage as well as boarding,
deboarding and waiting for transit. There are currently five (5) driveway accesses from West Beaver
Creek Boulevard. Redevelopment should reduce the total driveway accesses to two (2). Widening the
right-of-way for angle transit stalls and wider sidewalk by 30' is estimated to require 9,000 sq.ft. of
additional area [estimated 300' length].
Pedestrian Access
Pedestrian access should be prioritized over vehicles wherever possible. Pedestrian access design
should enhance way finding and provide attractive, comfortable and safe pedestrian routes. In addition
to pedestrian access along Avon Road and West Beaver Creek Boulevard, interior pedestrian access
should be functional, comfortable, safe and attractive. Public art should be integrated where possible
and appropriate to enhance the pedestrian experience, including statues and sculptures, fountains,
creative sidewalk designs, and murals for blank walls along pedestrian routes. Stairwells should
include windows for public visibility and should include interior finishing to provide an attractive
experience.
Sun Road Redevelopment Plan
December 10, 2024
Page 52 of 55
Round -About
Conceptual designs will explore the placement of a round -about near the intersection of Sun Road and
West Beaver Creek Boulevard in appropriate alignment to serve the common driveway access for Lot
B and Lot 3 on the south side of West Beaver Creek Boulevard. Additional right-of-way for a round-
about is estimated to require 6,000 sq.ft.
Public Plaza
A public plaza adjacent to the West Beaver Creek
Boulevard should be integrated into the project.
The size of the public plaza should be at least
7,600 square feet. The public plaza should be
located to provide attractive frontage for active
retail uses, informal outdoor seating, landscaping
and flower planters, and public art and/or water
fountain.
Buildings
The following principles and standards shall apply to building form, design and architecture. Relevant
sections of 7.28.090 Design Standards in the Avon Development Code are cited, expanded and
further defined for development in this Sun -Road Plan area.
Mountain contemporary architecture shall be
utilized with clean design lines, stone exterior
materials for the ground floor to create a base and
pitched roof and roof overhangs to create a top.
7.28.090(a)Purpose. (6) To encourage
developments that relate to adjoining public
streets, open spaces, parks, trails and
neighborhoods with building orientation and
physical connections that contribute to the
surrounding network of streets and walkways;
Buildings should be built up to the sidewalk edge
7.28.0900) Mixed -Use and Nonresidential Design Standards.
(3) Site Layout and Design. Buildings shall be oriented to positively define and frame adjacent
public streets and/or public or common spaces, while promoting the collective form of
neighborhoods by:
(i) Building Orientation.
(A) Buildings shall reinforce the street edges and create pedestrian -scaled open spaces.
Buildings on corner lots should be designed to positively define and frame the public
area of both streets they front.
Sun Road Redevelopment Plan
December 10, 2024
Page 53 of 55
(B) Building fronts and entries shall be oriented toward streets or public plazas and
should be arranged to create courtyards and other human -scaled spaces designed
to maximize solar access and exposure.
(C) Ground floors of new buildings shall be at grade or elevated above grade. Under no
circumstances shall a building be sunken below grade.
(4) Building Layout and Design (i) New development in Town Core shall maintain a high
interaction between pedestrians and the activities inside the buildings at ground level. [in
part]
Buildings fronting on Avon Road, West Beaver Creek Boulevard and the public plaza should be "retail
ready, " generally meaning that the interior floor to ceiling height should be at least 12' high and that the
space should follow design standards in Section 7.28.090(J)(vii). Additionally, it is anticipated that the
pedestrian experience be paramount with building designs, embracing architectural relief with
considerations to vertical step -backs and articulation of, or openings within building facades to prevent
a continuous "wall" experience.
7.28.090(J)(vii) Storefronts and Pedestrian Entrances.
A. The first floor of all new buildings shall provide: a pedestrian -friendly environment, with
human -scale and natural building materials; extensive storefront windows for display and
views into the business; and access directly from adjacent sidewalks.
B. When transparency is in conflict with internal functions of the building, other means shall be
used to activate the street -facing facades, such as public art, architectural ornamentation or
details or color patterns.
C. To encourage activity along the building frontage, entrances shall be located at intervals of a
maximum of thirty-two (32) feet.
D. The primary access to retail spaces on Benchmark Road, Main Street and West Beaver
Creek Boulevard shall be from the sidewalk.
E. New buildings should relate to the public space through architectural frontages that provide
direct access into them and a transition between their private space and public streetscape.
Sun Road Redevelopment Plan
December 10, 2024
Page 54 of 55
(1) New buildings shall be designed with frontages that activate the street by providing direct
access to ground -floor commercial spaces.
(2) To the maximum extent feasible, the principal building entrance shall face an adjacent
public street, public plaza or primary public walkway. In cases where the principal
entrance does not face the principal street, the entrance shall be connected to the street
and adjacent parking areas with a sidewalk.
(F) In order to ensure that building entrances are welcoming to pedestrians, easily identifiable
and accessible from streets and sidewalks, primary entries shall be clearly visible from the
street and accentuated from the overall building facade by:
(1) Differentiated roof, awning or portico;
(2) Covered walkways or arcades;
(3) Projecting or recessed entries from the surrounding building facade;
(4) Detailed doors and doorways with transoms, sidelights, trim details and/or framing;
(5) Windows within doorways equivalent in size to 50% of door surface area; and
(6) Decorative nighttime lighting where appropriate.
(G) Secondary entrances shall have minor architectural detailing that adds visual interest to that
portion of the facade.
(H) Public doors and entryways shall be a combination of glass and metal or wood or solid wood.
[END OF DOCUMENT]
Sun Road Redevelopment Plan
December 10, 2024
Page 55 of 55
Avon
TO: Honorable Mayor Phillips and Avon Town Council Members
FROM: Chief Greg Daly and Erica Romberg Esq., Deputy Town Attorney
RE: Ordinance 25-01, Adoption of the 2024 Model Traffic Code
DATE: January 28, 2025
SUMMARY: This report recommends adopting Ordinance 25-01 to incorporate the 2024 Model Traffic
Code (MTC) into Avon Municipal Code, replacing the 2020 version. This update aligns Avon's traffic
regulations with the latest state standards while maintaining local modifications and previously established
rules, such as those regulating Off -Highway Vehicles.
CHANGES AND AMENDMENTS: The proposed ordinance updates the Town of Avon's traffic regulations by
adopting the 2024 Model Traffic Code for Colorado with local amendments. Key changes include:
ADOPTION: The 2024 Model Traffic Code is adopted to align local traffic regulations with state law, enhancing
uniformity statewide. Copies are available for public inspection at the Town Manager's office.
DELETIONS: Sections 1701, 1705, and 1707 of the Model Traffic Code are excluded from adoption as
they are deemed inapplicable to this municipality.
AMENDMENTS AND ADDITIONS: Amendments and additions are highlighted as follows:
Fire Department Traffic Control: Firefighters can direct traffic at emergencies; disobedience is
unlawful.
2. Railroad Crossings: Updated safety requirements for stopping at railroad crossings.
3. Highway Work Zones: Local authorities can train and appoint adult civilian personnel as flaggers for
traffic control; compliance with flaggers' instructions is mandatory.
4. Private Property Parking: Illegal parking on private property is prohibited without consent. Signage
and complaint requirements are defined.
5. School Zones: Moving violations in school zones incur double penalties and surcharges.
6. Residential Safety Zones: Specific residential areas designated for double penalties and
surcharges on moving violations.
7. Public Parks: Driving on non -designated park areas is prohibited.
8. Penalty Reductions: Reduced points for timely payment of penalty assessments.
9. Vehicle Impoundment: Detailed procedures for towing, storage, notification, and auctioning of
impounded vehicles.
10. School Bus Violations: Enhanced penalties for failing to stop for school buses.
(970) 748-4040 gdaly@avon.org
PENALTIES:
Traffic Offenses: Include severe violations (e.g., reckless driving, uninsured driving) and may
result in jail time.
Traffic Infractions: Fines only, with scheduled penalties based on points assessed.
0 3 points or fewer: Minimum $50
o 4-5 points: Minimum $100
o More than 5 points: Minimum $150
General Violations: Minimum fine of $40 for non -point -assessable infractions.
JURISDICTION: Provisions apply to all public and private ways under the municipality's authority, covering
reckless driving, accident reporting, and more.
LEGAL REVIEW: The Town Attorney's Office has prepared the changes to the Model Traffic Code. Judge
Allen and Town Prosecutor Howard have reviewed without any concerns.
FINANCIAL CONSIDERATIONS: Adoption of the 2024 MTC will have no identifiable financial impact.
RECOMMENDATION: I recommend adoption of the first reading of Ordinance 25-01 Adoption of the 2024
Model Traffic Code.
PROPOSED MOTION: "I move to approve on First Reading Ordinance 25-01, adopting the 2024 Model
Traffic Code by reference for use within the Town of Avon."
Thank you, Chief Greg Daly and Deputy Town Attorney Erica Romberg Esq.
ATTACHMENT A: Ordinance 25-01 Adoption of the 2024 Model Traffic Code
Page 2 of 2
ATTACHMENT A: Ord 25-01 Adopting 2024 MTC
A
,ovon
COLORADO
ORDINANCE 25-01
ADOPTING THE 2024 EDITION OF THE MODEL TRAFFIC CODE, PROVIDING
PENALTIES FOR VIOLATIONS THEREOF, AND MAKING CONFORMING
AMENDMENTS TO THE AVON MUNICIPAL CODE
WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Avon Town Council ("Council") has the power to
make and publish ordinances necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience of its
inhabitants; and
WHEREAS, pursuant to C.R.S. §42-4-110(1)(b), local governments may, consistent with the
procedural requirements of C.R.S. §§31-16-201, et seq., adopt by reference all or any part of a
model municipal traffic code that embodies the rules of the road and vehicle requirements as set out
in the State of Colorado's traffic laws; and
WHEREAS, the Colorado Department of Transportation has prepared and adopted the 2024
revised edition of the Model Traffic Code for Colorado ("2024 Model Traffic Code"); and
WHEREAS, the Town previously adopted the 2020 edition of the Model Traffic Code for
Colorado; and
WHEREAS, a public hearing on this Ordinance at second reading, and proper notice thereof,
was provided in accordance with C.R.S. §31-16-203; and
WHEREAS, penalties for violating the Model Traffic Code adopted hereby are set forth in full in this
Ordinance and shall be published in full after final adoption in accordance with C.R.S. § 31-16-204;
and
WHEREAS, certified copies of the Code adopted hereby were filed with the City Clerk at least
fifteen (15) days prior to public hearing on this Ordinance and such codes remain open to public
inspection and purchase; and
WHEREAS, this Ordinance is intended to adopt by reference the 2024 Edition of the Model
Traffic Code for Colorado, subject to the identified additions, modifications, and deletions; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to adopt the 2024 Model Traffic Code by reference into the Avon
Municipal Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence and that approval of this Ordinance on first reading does not
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
ATTACHMENT A: Ord 25-01 Adopting 2024 MTC
constitute a representation that the Town Council, or any member of the Town Council, has
determined to take final action on this Ordinance prior to concluding the public hearing on
second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Adoption by Reference. The 2024 Model Traffic Code is hereby adopted by
reference, except as modified by Section 3 below.
Section 3. Repeal and Reenactment of Chapter 10.04. Chapter 10.04, "Model Traffic
Code" of Title 10, "Vehicles and Traffic," of the Avon Municipal Code is repealed in its entirety
and reenacted to read as set forth in EXHIBIT A: Repeal and Reenactment of Chapter 10.04
of the Avon Municipal Code, attached hereto.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right
or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
ATTACHMENT A: Ord 25-01 Adopting 2024 MTC
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on January 28, 2025 and setting a public hearing for
February 25, 2025 at the Council Chambers of the Avon Municipal Building, located at 100
Mikaela Way, Avon, Colorado.
BY: ATTEST:
Tamara Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
25, 2025.
BY: ATTEST:
Tamara Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
Nina Williams, Town Attorney
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
EXHIBIT A: REPEAL AND REENACTMENT
OF CHAPTER 10.04 OF THE AVON MUNICIPAL CODE
CHAPTER 10.04 — MODEL TRAFFIC CODE
Section 10.04.010. Adoption.
Section 10.04.020. Deletions.
Section 10.04.030. Additions or modifications.
Section 10.04.040. Penalties.
Section 10.04.050. Application.
10.04.010 Adoption.
Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, there is hereby
adopted by reference Articles I and II, inclusive, of the 2024 edition of the Model Traffic Code
for Colorado, promulgated and published as such by the Colorado Department of Transportation,
Safety and Traffic Engineering Branch, 2829 W Howard Place, Denver, CO 80204. The subject
matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations
for the City. The purpose of this Article and the code adopted herein is to provide a system of
traffic regulations consistent with state law and generally conforming to similar regulations
throughout the State and the Nation. Three (3) copies of the Model Traffic Code adopted herein
are now filed in the office of the City Manager and may be inspected during regular business
hours.
10.04.020 Deletions.
The 2024 edition of the Model Traffic Code is adopted as if set out at length, save and
except the following articles and/or section which are declared to be inapplicable to this
municipality and are expressly deleted: Section 1701, Section 1705, and Section 1707.
Section 10.04.030 Additions or modifications.
The Model Traffic Code as adopted herein is subject to the following amendments,
additions or modifications:
(1) Section 107.5, Obedience to members of the fire department, is added to read as
follows:
"Members of the fire department, when at the scene of a fire, accident or matter
involving the use of firefighting equipment, may direct, or assist the police in
directing traffic in the immediate vicinity. No person shall willfully fail or refuse to
obey a lawful order or direction of a member of the fire department so acting."
(2) Section 706(1), Obedience to railroad signal, is amended to read as follows:
"(1) Whenever any person driving a motor vehicle approaches a railroad grade
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
crossing under any circumstances stated in this section, the driver of such vehicle
shall stop within fifty feet but not less than fifteen feet from the nearest rail of such
railroad and shall not proceed until he can do so safely. Such requirements shall apply
when:
(a) A clearly visible electric or mechanical signal device gives warning of the
immediate approach of the railroad train;
(b) A crossing gate is lowered or when a human flagman gives or continues to
give warning of the immediate approach of a railroad train;
(c) A railroad train approaching within approximately fifteen hundred feet of the
highway crossing emits a signal audible from such distance, and such railroad
train, by reason of its speed or nearness to such crossing, is an immediate
hazard; or
(d) An approaching railroad train is plainly visible and is in hazardous proximity
to such crossing."
(3) Section 712(3), Driving in highway work area, is amended to read as follows:
"(3) Local road authorities within their respective jurisdictions and in cooperation
with law enforcement agencies, may train and appoint adult civilian personnel for
special traffic duty as highway flaggers within any highway maintenance or
construction work area. Whenever such duly authorized flaggers are wearing the
badge, insignia, or uniform of their office, are engaged in the performance of their
respective duties, and are displaying any official hand signal device of a type and in
the manner prescribed in the adopted state traffic control manual or supplement
thereto for signaling traffic in such areas to stop or to proceed, no person shall
willfully fail or refuse to obey the visible instructions or signals so displayed by such
flaggers. Any alleged willful failure or refusal of a driver to comply with such
instructions or signals including information as to the identity of the driver and the
license plate number of the vehicle alleged to have been so driven in violation shall
be reported by the work area supervisor in charge at the location to the district
attorney for appropriate penalizing action in a court of competent jurisdiction. Any
person who violates any provision of this section commits a traffic infraction."
(4) Section 1214, Parking on private property, is added to read as follows:
"It shall be unlawful for any person to park or cause to be parked any vehicle upon any
private parking lot or any other private property within the Town of Avon, without the
consent of the owner thereof or the tenant or person in possession or control of said
private parking lot or private property.
(a) Posting of Sign. Any owner, tenant or person in possession or control of a
private parking lot or private property wishing to avail himself of the
provision of this section shall post at each and every entrance to a private
parking lot or private property a sign containing essentially the following
words:
Private Parking Lot
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
Parking is reserved for persons having permission of the owner and any other
person may be subject to the penalties imposed by Ordinance No. 21-08.
Violating vehicles may be impounded
All signs must be approved by the Chief of Police, who shall have the authority
to determine size, shape and lettering of such signs. The Chief of Police may
approve signs which combine the requirements of this section with the
requirements of Section 5.12.100(4) concerning the booting or towing of
unauthorized vehicles.
(b) Signing of Complaints. No complaint shall be issued for any violation of this
section unless the same is signed by the owner, tenant or person in possession
or control of the private parking lot or private property within or upon which
a violation of this section may have occurred or the agent of such person or
entity."
(5) Section 1417, School safety sensitive zones — increase of penalties for moving
traffic violations, is added to read as follows:
"(1) Any person who commits a moving traffic violation in a school zone is subject to
double penalties and surcharges.
(2) For purposes of this section, `school zone' means an area that is designated as a school
zone and has appropriate signs posted indicating that the penalties and surcharges will be
doubled. The state or local government having jurisdiction over the placement of traffic
signs and traffic control devices in the school zone area shall designate when the area
will be deemed a school zone for the purposes of this section. In making such designation,
the state or local government shall consider when increased penalties are necessary to
protect the safety of school children. Such zones shall be designated Safety Sensitive."
(6) Section 1418, Residential area safety sensitive zones, increase of penalties for
moving violations, is added to read as follows:
"(1) Any person who commits a moving traffic violation in a Residential Area Safety
Sensitive Zone area as defined herein is subject to double penalties and surcharges.
(2) For purposes of this section, the following are designated `residential area safety
sensitive zones' and will be marked with appropriate signage: Wildridge Subdivision,
Wildwood Subdivision; on Hurd Lane east of Avon Road; on Stonebridge Drive; on
West Beaver Creek Boulevard, from Highway 6 to Lake Street; on Swift Gulch Road,
from the 800 block to the 1270 block; on East Beaver Creak Blvd, from Post Blvd to
the 4000 block; and on Nottingham Road, from Buck Creek Rd to the 730 block."
(7) Section 1419, Driving on public park, is added to read as follows:
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
"No person shall drive or cause to be driven any vehicle on any portion of a public park
or other public property other than established roadways specifically provided for public
driving, unless specifically authorized so to do by a traffic control officer."
(8) Section 1709(5.5), (8), Penalty assessment notice for traffic offenses, are added to
read as follows:
"(5.5) If a person receives a penalty assessment notice for violation under Section
1709 and such person pays the fine and surcharge for the violation on or before the
20th day following the date of citation, the points assessed for the violation are
reduced as follows:
(a) For a violation having an assessment of three (3) points or more under Section
42-2-127, C.R.S., the points are reduced by two (2) points;
(b) For a violation having the assessment of two (2) points under Section 42-2-
127, C.R.S., the points are reduced to one (1) point.
(8) Whenever the Town of Avon reduces a traffic offense the reduced offense and
the points assessed for such reduced offense shall conform to the point assessment
schedule under Section 42-2-127(5), C.R.S."
(9) Section 1801, Authority to impound vehicles, is amended to read as follows:
"(a) Whenever any police officer finds a vehicle, attended or unattended, standing upon
any portion of a street or highway right-of-way within this municipality in such a manner
as to constitute a violation of sections 1202 and 1204 of this Code, or left unattended, for
a period of 24 hours or more and presumed to be abandoned under the conditions
prescribed by Section 42-4-1802 et seq., C.R.S., such officer shall require such vehicle
to be removed or cause the same to be removed and placed in storage at the nearest garage
or other place of safety designated or maintained by this municipality.
(b) In the event of abandonment of a vehicle on property within this municipality other
than public rights -of -way the owner of such property shall notify the police department
and said police, after a period of 72 hours, shall cause the abandoned vehicle to be
removed and placed in storage in the nearest garage or other place of safety designated
or maintained by the municipality.
(c) Whenever any police officer finds a vehicle parked on any street or at any place within
this municipality in violation of any provision of this code or in violation of a provision
contained on any official sign, such officer may require such vehicle to be removed or
cause the same to be removed and placed in storage.
(d) A vehicle illegally parked on private property shall not be impounded pursuant to
Section 1801(c) hereof unless a complaint for said violation is signed by the owner,
lessee, tenant, or authorized agent who is legally in possession or control of said property.
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
(e) In the event a vehicle is impounded pursuant to subsection (a), (b), or (c) of Section
1801 hereof, the owner or driver of the vehicle shall pay as a fine a reasonable amount
for said removal or removal and storage in addition to the penalty imposed for illegal
parking or any other violation of any of the provisions hereof.
(f) Whenever the police officer or any other employee of the Town of Avon so authorized
removes the vehicle and causes it to be impounded as authorized by law, and the officer
or other employee knows or is able to ascertain from the registration, or other records in
the vehicle or otherwise, the name of the owner and the address of the owner, the officer
or employee shall immediately give or cause to be given notice in writing to the owner
of the fact of removal, the reason for it and the place to which the vehicle has been
removed.
(g) Whenever an officer or employee of the Town removes a vehicle from a public way
or from public or private property and does not know or is not able to ascertain the name
of the owner thereof, or for any other reason is unable to give the notice to the owner as
provided in Section 1801(f), and in the event the vehicle is not returned to the owner
within a period of three days, the Chief of Police or other employee of the Town
designated by the Chief of Police shall immediately send or cause to be sent a written
report of the removal by mail to the state department whose duty it is to register vehicles.
The notice shall include a complete description of the vehicle, the date, time and place of
removal, the reason for the removal, and the name of the garage or other place where the
vehicle is stored, with a request that the owner of the vehicle be notified immediately.
(h) Whenever, pursuant to the terms of this chapter, a vehicle has been impounded by the
Town for a period of thirty days and no claim of ownership or right to possession thereof
has been made, or when a claim has been made but not established to the satisfaction of
the town manager, and no suit or action to determine the claim has been instituted, the
Town may dispose of the vehicle in the manner set out in subsection (i).
(i) The Chief of Police or other employee of the Town designated by the Chief of Police
shall cause written notice to be given to all persons known by him to claim an interest in
the vehicle. The notice shall be given by delivery in person, or by certified mail,
addressed to the last known address of the business or residence of the person to be
notified. The notice shall contain the following:
(1) An itemized statement of the amount due to the Town for removal of and
storage of the vehicle showing the amount due at the time of notice;
(2) A description of the vehicle;
(3) A demand that the amount due the Town, as stated in the notice and such
further claims as shall accrue, shall be paid and the right to the possession of the
vehicle to be established to the satisfaction of the Chief of Police on or before
the date mentioned, being not less than ten days from the delivery of the notice if
it is personally delivered, or from the date or registration of the letter, unless the
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
person notified chooses to appear before the Chief of Police or his designee
within such ten-day period and establishes that (1) the impounding of the vehicle
was improper or (2) the amount demanded is unreasonable, and the statement
that unless the amount due the Town is paid or determined not to be required and
the right to the possession of the vehicle is established to the satisfaction of the
Chief of Police within the time specified the vehicle will be advertised for sale
and sold by auction at a specified time and place.
0) In accordance with the terms of the notice provided for in Section 1801(i)(3), a sale
of the vehicle by auction may be had to satisfy the claim of the Town for the storage and
removal of the vehicle and to discharge the Town from further responsibility in
connection with the vehicle and from any duty to further retain or store the vehicle. The
sale shall be held at the place where the vehicle is stored or impounded or, if it is
manifestly unsuitable for the purpose, at the nearest suitable place and shall be made to
the highest bidder of a price at least as great as the estimated value of the vehicle. After
the time for the payment of the claim and the establishment of the satisfaction of the
Chief of Police of the right to possession of the vehicle has elapsed and notice was given
as required, an advertisement of the sale, describing the vehicle to be sold and stating the
names of all persons known by the Chief of Police to claim an interest in the vehicle, if
any, and the time and place of the sale, shall be published once a week for two
consecutive weeks in a newspaper published in the county. The sale shall be held not less
than fifteen days from the date of the first publication. The Chief of Police shall execute
and deliver a bill of sale, together with any report required by the Colorado Department
of Revenue, evidencing transfer of title to the vehicle to any purchaser.
(k) From the proceeds of the sale provided for in Section 18010), the Chief of Police
shall satisfy the claim of the Town for the charges for removal and storage of the vehicle,
and for the reasonable charges or expenses for or of the notice, advertising the sale. The
balance if any, of the proceeds will be paid into the treasury of the Town and deposited
to the general fund. No claim for refund shall be made by any person entitled to it except
if the claim is made within one year from the date of any sale resulting in the payment of
any such proceeds into the treasury. A claim or refund shall be made to the town manager,
who shall make a thorough examination of the claim. The failure on the part of any person
to request the initiation of a refund to him within one year from the date of sale shall be
conclusive of the fact that he has no meritorious claim for the refund within the set period
of one year from the date of sale and he shall not therefore commence any action, suit or
proceeding whatsoever by reason of the sale for the payment of any part of the proceeds
of the sale of the entire proceeds of the sale in the treasury of the Town.
(1) When any vehicle is offered for sale at auction pursuant to the terms of this Chapter
and there is no bid for the vehicle, the Chief of Police shall declare the vehicle to be sold
to the Town for the amount of the charges for the removal and storage of the vehicle, and
the charges and expenses of notice, advertisement, and sale, and shall place the vehicle
in the custody of such department of the Town as he in his sole discretion may determine,
for the sole benefit of and use of the Town.
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
(m) There shall be no right of redemption from any sale made pursuant to the terms of
this section and after a vehicle has been sold pursuant to such terms, neither the Town
nor any officer, agent or employee of the Town shall be liable for failure to deliver the
vehicle to anyone other than the purchaser or purchasers at the sale.
(n) Nothing contained herein shall be construed as imposing any obligation or liability
on the Town for any negligence in the towing or storage of any vehicle or with respect to
the quality of title to any vehicle."
(10) Section 1903(6)(c), School bus violations — increase of penalties for traffic
violations, is hereby added to read as follows:
"(6)(c)Any person who violates the provisions of paragraph (a) of subsection (1) of
this section is subject to doubled penalties and surcharges."
Section 10.04.040 Penalties.
The following penalties shall apply to this Title:
(1) It is unlawful for any person to violate any provision adopted in this Title.
(2) Any person violating any provision of this Title may be found guilty of committing a
traffic offense or traffic infraction and sentenced by the Municipal Court as set out
below.
(a) Traffic offenses shall be punished in accordance with the provisions of Section
1.08.010 of this Code, including the possibility of jail. Such offenses shall be
deemed misdemeanors and may be tried by a jury. Traffic offenses are the
following: traffic violations resulting in an accident causing personal injury, death,
or appreciable damage to the property of another; reckless driving; driving twenty-
five (25) mph or more over the speed limit; exhibition of speed or speed contest;
eluding or attempting to elude a police officer; disobeying a police officer or fire
department member; driving without insurance; failure to stop for school bus with
flashing lights; school bus failing to use flashing lights; and use of altered or
fictitious driving license.
(b) Traffic infractions shall be punished by a fine only. Any violation of this Title other
than a traffic offense shall constitute a traffic infraction. The Municipal Court shall
order a schedule of fines for traffic infractions consistent with this Title. The
Municipal Court is further authorized to order individualized fines consistent with
this Title for any unscheduled traffic infraction.
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
(c) References in the 2024 Model Traffic Code purporting to penalize traffic offenses
and traffic infractions on the basis of different classes are hereby repealed. There
shall be a single class of traffic offense and a single class of traffic infraction.
(3) Penalties for violations for which points may not be assessed pursuant to Section 42-2-
127, C.R.S., shall be not less than forty dollars ($40.00). Penalties for violations for
which points may be assessed pursuant to Section 42-2-127, C.R.S., shall be as follows:
(a) Three (3) or fewer points — not less than fifty dollars ($50.00);
(b) Four (4) or five (5) points - not less than one hundred dollars ($100.00);
(c) More than five (5) points — not less than one hundred fifty dollars ($150.00).
(4) References in the 2024 Model Traffic Code purporting to characterize traffic violations
as misdemeanor or petty offenses are hereby repealed. Misdemeanor characterizations
shall be governed solely by AMC 10.04.040(2)(a).
(5) The Municipal Court reserves the authority to order a schedule of fines in accordance
with Colorado Municipal Court Rules of Procedure Rule 210(b)(5), provided that such
schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06.
(6) All fines for violations of this Title shall be paid to the Town, unless otherwise specified
in this Code.
Section 10.04.050 Application.
This Article shall apply to every street, alley, sidewalk area, driveway, park and to every
other public way or public place or public parking area, either within or outside the corporate
limits of this municipality, the use of which this municipality has jurisdiction and authority to
regulate. The provisions of Sections 1401, 1402, 1413, and Part 16 of the code, respectively
concerning reckless driving, careless driving, eluding a police officer, and accidents and accident
reports shall apply not only to public places and ways but also throughout this municipality. In
addition, any provisions of the Model Traffic Code specifically made applicable to public
property or private property shall apply throughout this municipality.
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
TO: Honorable Mayor Underwood and Council members
FROM: Erica Romberg, Deputy Town Attorney
RE: Ordinance 25-02: Repealing and Reenacting Section 9.20.060
and Section 9.20.070 of the Avon Municipal Code Regarding avon
Camping Restrictions
DATE: January 21, 2025 c 0 L 0 n A D 0
SUMMARY: This memo provides an overview of Ordinance 25-02 ("Attachment A"), drafted to address
concerns over outdated and hard to enforce camping regulations within the Town of Avon. These changes
further address the new legal landscape in the wake of the Grants Pass decision.These amendments were
developed by looking at what other communities throughout Colorado have done in addition to taking into
account the special needs and resources of the Town of Avon.
BACKGROUND: The camping bans that currently exist within the Avon Municipal Code have been in
place since 1979. As with most laws, there comes a time when the laws need to be updated to bring them
in line with advancing technology or moral standards in a community. As a result of the changing times and
the concerns with enforcabilty of the current laws, a work session was conducted with Council on August
27, 2024 where Council provided direction on how the current camping regulations should be modified to
best address the current issues facing the Town and those currently experiencing homelessness.
ANALYSIS: The changes that were made to these ordinances create two types of camping violations,
those on public and private properties. The changes made to the public camping bans involve removing the
time limit for staying in one location as well as more clearly define what it means to camp on public lands.
Camping on private property will require the permission of the owner and limits camping to a two day period
each month.
RECOMMENDATION: I recommend Council approve first reading of Ordinance 25-02 and set a public
hearing for second reading to be held on February 11, 2025.
PROPOSED MOTION: " I move to approve Ordinance 25-02 Amending Section 9.20.060 and Section
9.20.070 of the Avon Municipal Code Regarding Camping Restrictions and schedule Second Reading and
a Public Hearing on February 11, 2025."
Thank you, Erica
ATTACHMENT A: Ordinance 25-02
303-376-8511 erica@wwfdlaw.com
Page 1 of 1
ATTACHMENT A: Ord 25-02 Camping
AVO n
C O L O R A D O
ORDINANCE 25-02
REPEALING AND REENACTING SECTION 9.20.060 AND SECTION 9.20.070 OF THE
AVON MUNICIPAL CODE REGARDING CAMPING RESTRICTIONS
WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule powers
of the Town of Avon ("Town"), the Avon Town Council ("Council") has the power to make and
publish ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, there has been an increase in people experiencing homelessness in this county and in
many cases, such people experience homelessness due to no fault of their own; and
WHEREAS, as with many communities in the state, the Town is faced with the question of what
is the best way to address homelessness, balancing the needs of the community with the needs of
those experiencing homelessness; and
WHEREAS, the Town continues to be interested in assisting with whatever resources are
available to support initiatives and find resources to address homelessness locally and within the
county; and
WHEREAS, since 1979 the Town has had camping ban ordinances to address concerns that
accompany camping on public property; and
WHEREAS, as times have changed, it has become apparent that the current camping bans are
unenforceable and do not properly address the safety needs in the Town and people in the
community; and
WHEREAS, it is in the best interest of the Town and those who reside in or are visiting the Town
to have clear laws to allow everyone to understand what activities are not allowed; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that Council
desires to repeal and reenact Sections 9.20.060 and 9.20.070 of the Avon Municipal Code by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence and that approval of this Ordinance on first reading does not constitute a representation
that Council, or any member of Council, has determined to take final action on this Ordinance
prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Council.
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070
ATTACHMENT A: Ord 25-02 Camping
Section 2. Amending Sections 9.20.060 and 9.20.070 of the Avon Municipal Code.
Section 9.20.060, "Camping on public ways" and Section 9.20.070, "Camping restricted" of the
Avon Municipal Code are hereby repealed and reenacted to read as set forth in Exhibit A:
Repeal and Reenactment of Section 9.20.060 and Section 9.20.070 of the Avon Municipal
Code, attached hereto.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to
be severable. Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for the
health, safety and welfare of the public, and that this Ordinance is necessary for the preservation
of health and safety and for the protection of public convenience and welfare. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such corrections
may include spelling, reference, citation, enumeration, and grammatical errors.
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070
ATTACHMENT A: Ord 25-02 Camping
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on January 28, 2025 and setting such public hearing for
February 11, 2025 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY:
ATTEST:
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
11, 2025.
BY:
Tamra N. Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorney
ATTEST:
Miguel Jauregui Casanueva, Town Clerk
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070
ATTACHMENT A: Ord 25-02 Camping
EXHIBIT A
REPEAL AND REENACTMENT OF SECTIONS 9.20.060 AND 9.20.070 OF THE AVON
MUNICIPAL CODE
9.20.060. — Camping on public property.
(a) It is unlawful for any person to camp within any park, parkway, recreation area, open
space or other Town property, including any public right-of-way or upon any structure
within the same without first obtaining permission of the Town Manager or Chief of
Police.
(b) For purposes of this section, camp, means to reside or dwell temporarily in a place, with
shelter. The term shelter includes, but is not limited to, a tent, tarpaulin, lean-to, sleeping
bag, bedroll, blankets, vehicle, or any other form of protection from the elements other
than clothing. The term reside or dwell includes but is not limited to activities of daily
living, such as eating, sleeping or storing personal property. But the term does not include
picnicking. The term public right-of-way means any public sidewalk, street, railway,
alley, parking space, curb, or other publicly owned property intended for pedestrian or
vehicular travel.
9.20.070. — Camping on private property.
(a) It is unlawful for any person to camp upon private property without the consent of the
property owner or authorized agent for a period of longer than two (2) nights within a
one (1) month period.
(b) For purposes of this section, camp, means to reside or dwell temporarily in a place, with
shelter. The term shelter includes, but is not limited to, a tent, tarpaulin, lean-to, sleeping
bag, bedroll, blankets, vehicle, or any other form of protection from the elements other
than clothing. The term reside or dwell includes but is not limited to activities of daily
living, such as eating, sleeping or storing personal property. But the term does not include
picnicking.
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070
TO: Honorable Mayor Underwood and Council members
FROM: Erica Romberg, Deputy Town Attorney
RE: Ordinance 25-03: Amending Chapter 9.28, "Weapons" of Title
9, "Public Peace, Morals and Welfare" of the Avon Municipal ��
Code Pertaining to Firearms on Town Property
DATE: January 21, 2025 c o L O H A D o
SUMMARY: This memo provides an overview of Ordinance 25-03 ("Attachment A"), drafted to address
concerns after Senate Bill 24-131 prohibited the carrying of firearms by any person on Town Property. This
ordinance will allow limited Town Staff to carry firearms within Town Hall so long as they carry a valid
concealed carry permit.These amendments were developed by looking at what other similar communities
throughout Colorado have done in addition to taking into account the specific desires of the Town of Avon.
BACKGROUND During the most recent legislative session, the General Assembly passed Senate Bill 24-
131 (SB24-131) entitled "Prohibiting Carrying Firearms in Sensitive Spaces" which prohibits carrying a
firearm in sensitive spaces and took effect on July 1, 2024. These sensitive spaces include certain state
and local government buildings and property; courthouses and buildings used for court proceedings;
schools, colleges, university, seminaries, and licensed childcare centers; and polling places, ballot drop
boxes, and other places where ballot counting and related election activities are taking place. These
restrictions also apply to the adjacent parking lots for all of the previously listed spaces. The law did create
certain exception, however, to include law enforcement officers, members of the United States armed
forces or Colorado National Guard, security personnel, persons carrying as part of the lawful and common
practices of a legal proceeding, and persons who hold a permit to carry a concealed handgun who are
carrying a concealed handgun in an adjacent parking area. As part of this bill, the law created an "opt -out"
provision authorizing local governments to enact an ordinance, regulation, or other law that permits a
person to carry a firearm at certain local government spaces as are specified in the law.
Since SB24-131 passed, a number of communities throughout the state have taken up this issue and
passed ordinances to opt -out of the law.
ANALYSIS: The new Section 9.28.020 allows for all Town Council members, Town staff with the approval
of the Town Manager, and any law enforcement, whether on duty or not, to carry concealed firearms with a
valid concealed carry permit.
RECOMMENDATION: I recommend Council approve Ordinance 25-03 on first reading and schedule a
public hearing and second reading to be held on February 11, 2025.
PROPOSED MOTION: "I move to approve Ordinance 25-03 Amending Chapter 9.28, "Weapons" of Title 9,
"Public Peace, Morals and Welfare" of the Avon Municipal Code Pertaining to Firearms on Town Property
on first reading and schedule a public hearing and Second Reading on February 11, 2025."
Thank you, Erica
ATTACHMENT A: Ordinance 25-03 Amending Chapter 9.28
303-376-8511 erica@wwfdlaw.com
Page 1 of 1
ATTACHMENT A: Ord 25-03 Firearms on Town Property
A
Avon
C O L O R A D O
ORDINANCE 25-03
AMENDING CHAPTER 9.28, "WEAPONS" OF TITLE 9 "PUBLIC PEACE, MORALS
AND WELFARE" OF THE AVON MUNICIPAL CODE PERTAINING TO FIREARMS
ON TOWN PROPERTY
WHEREAS, the Town of Avon, Colorado ("Town") has been duly organized and validly exists as
a Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town
Charter; and
WHEREAS, in the most recent legislative session, the Colorado General Assembly enacted, and
Governor Polis has signed, Senate Bill 24-131 ("SB24-131"), which prohibits carrying a firearm in
"sensitive spaces" recognized by the United States Supreme Court in the N. Y. State Rifle & Pistol
Assn v. Bruen case, 597 U.S. 1 (2022), which bill takes effect on July 1, 2024; and
WHEREAS, the sensitive spaces addressed in SB24-131, where the open and concealed carrying
of a firearm will be prohibited as of July 1, 2024, include certain state and local government
buildings and property; courthouses or buildings used for court proceedings; schools, colleges,
universities, seminaries, and licensed childcare centers; and polling places, ballot drop boxes, and
other places where ballot counting and related election activities are taking place; and
WHEREAS, SB24-131 includes an "opt -out" provision authorizing a local government to enact an
ordinance, regulation, or other law that permits a person to carry a firearm at certain local
government spaces specified in the bill; and
WHEREAS, the Avon Town Council ("Council") recognizes and affirms that the Second
Amendment to the United States Constitution protects the right of persons to keep and bear arms,
and the Supreme Court of the United States has held that states and local governments may,
consistent with the Second Amendment, regulate the carrying firearms in sensitive places; and
WHEREAS, Council finds and determines that permitting Town officials and Town employees
who hold a valid concealed carry permit issued pursuant to Colorado law, to carry a concealed
handgun at Town Hall and on Town Hall property is necessary for the immediate preservation of
the public peace, health, and safety as follows:
(a) Self -Defense: Allowing Town officials and employees with a valid concealed carry
permit to carry a concealed handgun at Town Hall is essential to self-defense,
enabling Town officials and employees to protect themselves in case of an
immediate danger to life and safety;
(b) Deterrence: Allowing Town officials and employees with a valid concealed carry
permit to carry a concealed handgun at Town Hall may act as a deterrent against
potential attackers and individuals with malicious intent and could dissuade
individuals from attempting violent acts against citizens and officials at Town Hall;
(c) Permit Holder Training: Town officials and employees who hold a valid permit to
Ord 25-03 — Amending Chapter 9.28, of Title 9
ATTACHMENT A: Ord 25-03 Firearms on Town Property
carry a concealed handgun under part 2 of article 12 of Title 18, C.R.S., have
undergone stringent background checks and have completed required training on the
responsible, defensive carrying of a handgun;
(d) Equality and Uniformity: Town employees and officials should have the same right
to protect themselves at their place of employment and governance as they have in
their homes and as other citizens may have in private places of employment;
(e) Emergency Preparedness in Rural and Remote Areas: The Town Hall is located in a
rural area where substantial law enforcement resources and presence is limited, and
allowing Town officials and employees who hold a valid concealed carry permit to
carry a concealed handgun at Town Hall can provide an additional layer of security
and emergency preparedness for employees, officials, and visitors, particularly
where emergency response times may be prolonged in comparison to urban settings;
and
WHEREAS, in light of SB24-131, Council finds and determines that the continuing ability for
Town officials and employees who hold a valid concealed carry permit to carry a concealed
handgun at Town Hall, with certain exceptions is necessary for the immediate preservation of
public health, welfare, peace, and safety; and
WHEREAS, in furtherance of the above -recited compelling interests, the Town Council desires to
enact this ordinance, as authorized by SB24-131, to ensure that Town officials and employees with
a valid concealed carry permit may continue, without interruption, to lawfully carry a concealed
handgun at Town Hall; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that Council
desires to add Section 9.28.020 — Firearms in Town Hall of the Avon Municipal Code by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence and
that approval of this Ordinance on first reading does not constitute a representation that Council, or
any member of Council, has determined to take final action on this Ordinance prior to concluding
the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Adding Section 9.28.020 of the Avon Municipal Code. Section 9.28.020,
"Firearms in Town Hall" of the Avon Municipal Code is hereby added to read as set forth in
Exhibit A: Amending Chapter 9.28, "Weapons" of Title 9, "Public Peace, Morals and
Welfare" of the Avon Municipal Code Pertaining to Firearms on Town Property, attached
hereto.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
Ord 25-03 — Amending Chapter 9.28, of Title 9
ATTACHMENT A: Ord 25-03 Firearms on Town Property
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for the
health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. Council further
determines that the Ordinance bears a rational relation to the proper legislative objective sought to
be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or
made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such
penalty or liability or enforcing such right, and shall be treated and held as remaining in force for
the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as
may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code.
The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Ord 25-03 — Amending Chapter 9.28, of Title 9
ATTACHMENT A: Ord 25-03 Firearms on Town Property
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on January 28, 2025 and setting such public hearing for
February 11, 2025 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY:
Tamra Underwood, Mayor
ATTEST:
Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
11, 2025.
BY:
Tamra Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorney
Ord 25-03 — Amending Chapter 9.28, of Title 9
ATTEST:
Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT A: Ord 25-03 Firearms on Town Property
EXHIBIT A
AMENDING CHAPTER 9.28, "WEAPONS" OF TITLE 9 "PUBLIC PEACE, MORALS
AND WELFARE" OF THE AVON MUNICIPAL CODE PERTAINING TO FIREARMS
ON TOWN PROPERTY
9.28.020. — Firearms in Town Hall Prohibited.
(a) It is unlawful for any person to carry a concealed weapon or possess weapons within all
Town buildings, including but not limited to the Avon Town Hall, Avon Recreation
Center, Parks Garage, Metcalf Cabin, Avon Pavilion, Avon Police Station, Avon
Regional Transit Facility, Avon Fleet Building and Avon Public Works Garage. A person
commits the crime of unlawfully carrying a concealed weapon or possessing a weapon
within any Town building, when a person knowingly:
(1) Without legal authority, carries, brings, or has in such person's possession, a firearm,
whether loaded or not loaded, or any explosive, incendiary, or other dangerous
device, in any of the following locations, including their adjacent parking areas: (i)
on the property of or within any building in which the chambers or offices of the
Town Council are located, or (ii) in which the Town Council hearing or meeting is
being or is to be conducted, or (iii) in which the official office of any Town Council
member, officer, or employee of the Town is located; or
(2) Carries, brings, or has in such person's possession, a firearm, whether loaded or not
loaded, in a building or portion of a building, including adjacent parking areas, used
for municipal court proceedings (i) while municipal court is in session, or (ii) while
any law enforcement personnel, defense counsel personnel, or municipal court
personnel are engaged in any activities in connection with a municipal court
proceeding whether or not the court is in session.
(b) This section shall not apply to Town Council members, town staff with the approval of
the Town Manager, or any peace officer while on or off duty who is carrying valid agency
credentials.
Ord 25-03 — Amending Chapter 9.28, of Title 9
TO: Honorable Mayor and Council members A
FROM: Eric Heil, Town Manager Avo n
RE: Ord 25-05 Department Reorganization
DATE: January 24, 2025 C o L Q H A D o
SUMMARY: This report presents Ordinance No. 25-05 Amending Departments which proposes to
separate the Engineering division from the Public Works Department to create an independent Engineering
Department. The Public Works Department would continue with the following divisions: Facilities, Fleet,
Mobility, and Operations. The number of Director positions reporting to the Town Manager would increase
by one from five to a total of six departments. Other Departments include General Government,
Community Development, Police, and Recreation.
This reorganization is proposed in recognition of the growth of public and private construction and the
demands of all -electric, net zero, and other climate action initiatives on the Engineering workload.
BACKGROUND: The Avon Home Charter sets forth that the Town Manager recommends and the Council
approves the departments in the Town organization.
"The administrative functions of the Town shall be performed by such departments as
the Council may hereafter establish by ordinance, upon recommendation of the Town
Manager. The Council may, by ordinance, upon recommendation of the Town
Manager, consolidate or merge any departments, whether set forth in this Charter or
established by ordinance. All departments of the Town shall be under the supervision
and control of the Town Manager." Section 8.8 Administrative Departments, Avon
Charter
Avon has amended Departments several times in the past 20 years. This is a chronology of the changes:
2002 Established 9 Departments: Departments included Administrative Services, Finance, Human
Resources, Community Development, Engineering, Public Works, Police, Recreation and
Transportation. Ord 02-04 (NOTE: Human Resources did not have a department director from
2008 through 2015. Patty McKenny served as Town Clerk and Director of Administrative
Services and oversaw Human Resources).
2013 Established 8 Departments; renamed Recreation Department to Parks and Recreation
Department and eliminated Human Resources Department. Departments included
Administrative Services, Finance, Community Development, Engineering, Public Works,
Police, Parks and Recreation and Transportation. Ord.13-04
2015 Established 10 Departments, added Human Resources and Fleet as separate departments.
Departments included General Government (formerly Administrative Services), Finance,
Human Resources, Community Development, Engineering, Public Works, Fleet, Police, Parks
and Recreation and Transportation. Ord 15-08
2017 Changed the name of Transportation Department to Mobility Department. Ord.17-21
2021 Phase I of Consolidation: Reorganized to 7 Departments: The Town of Avon organizational
structure was revised in 2021 and spring 2022. At that time a transition occurred to consolidate
970.748.4004 eric@avon.org
from 10 Departments to 5 Departments and created two high level leadership positions —
Public Works Director and Deputy Town Manager. This transition was implemented in two
phases, with the first phase occurring in 2022 to consolidate Public Works, Engineering,
Mobility and Fleet into one Public Works Department.
2022 Phase II of Consolidation: Reorganized to 5 Departments. Phase II was implemented in
2022 to consolidate General Government, Finance and Human Resources into General
Government Department with the Deputy Town Manager as a the Department Director.
ANALYSIS: I believe the Department consolidation in 2022 has been a strong success. The Town is
running more efficiently and my work and attention has been more efficient and allowed me to focus more
on Community Housing and regional issues. The consolidation of Public Works resulted in Public Works
being the largest department by number of full-time employees and by budget. Over the last three years
we have experienced a growth of private construction projects, right-of-way permitting, Avon's capital
improvement projects, and public improvements agreements. This has all increased engineering workload
to review, oversee, double check and inspect plans and actual construction. In addition, Avon's climate
action and water conservation goals have proven to require more active involvement from engineering to
"push beyond the status quo". Having participated in these meetings I have experienced the persistence
and drive it takes to pursue innovative designs for all electric construction and sort through complex water
rights and irrigation system matters.
Looking forward for the next five years we can expect an increase of construction activity in the Village (at
Avon), an increase in Town's capital improvements projects, and the substantial addition of 2-4 Community
Housing construction projects. The current Public Works Director position is established such that this
Director must be an engineer, oversee engineering and participate in engineering projects. At this point I
believe it is better for this top level engineering position to focus exclusively on Avon's engineering needs
and to not dilute the attention of this position to overseeing Operations, Facilities, Mobility and Fleet. A
separated Public Works Director position that does not oversee Engineering will not require a certified
engineer qualification. I believe both Public Works and Engineering will benefit from independent
leadership that can better focus their support for these groups.
FINANCIAL CONSIDERATIONS: The Town Engineer salary range would be increased to match the Public
Works Director salary range. There will be minimal budget impacts since both the Town Engineer and the
Public Works Director's compensation are already included in the 2025 budget. The top of range for Public
Works Director is currently $206,000 and the top of range for Town Engineer is $180,000, so the potential
cost increase of designating the Town Engineer position as a Department Director with the same salary
range as the Public Works Director is $26K + 11 % retirement matching is a maximum potential net cost
increase of $29,000. Actual costs will be determined by the hiring salary for both the Public Works Director
and Director of Engineering.
RECRUITMENT PROCESS: Recruitment of a new Public Works Director and Town Engineer positions
would include advertisement across multiple local government publications as well as specific professional
affiliations with a broader western regional focus (including Colorado and beyond). Advertising will begin
immediately after passage of 1st reading of Ordinance 25-05.
Page 2 of 3
RECOMMENDATION: I recommend approval of Ordinance No. 25-05 Amending Avon Municipal Code
Section 2.02.010 — Departments Enumerated to implement creating an Engineer Department.
PROPOSD MOTION: " I move to approve Ordinance No. 25-05 Amending Avon Municipal Code Section
2,02,010 — Departments Enumerated."
Thank you, Eric
ATTACHMENT A: Ordinance 25-05 Amending Avon Municipal Code Section 2.02.010 — Departments
Enumerated.
Page 3 of 3
ATTACHMENT A: Ord 25-05 Departments
n
.von
COLORADO
ORDINANCE 25-05
AMENDING AVON MUNICIPAL CODE
SECTION 2.02.010 — DEPARTMENTS ENUMERATED
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Avon Town Council ("Council") has the power to
make and publish ordinances necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience of its
inhabitants; and
WHEREAS, Section 8.8 — Administrative departments of the Avon Home Rule Charter
provides that Council shall consolidate departments upon recommendation of the Town
Manager; and
WHEREAS, the Town Manager continually evaluates the organizational structure and
alignment with town department services and projects; and
WHEREAS, the separation of Engineer from the Public Works Department, will promote
efficiency and coordination across these existing departments, and will thereby improve the
effectiveness of providing government services and overseeing the design, construction and
maintenance of public facilities and infrastructure; and
WHEREAS, the Town Council finds that amendment of Departments to establish an
independent Department of Engineering will promote the health, safety and general welfare of
the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Council, or any member of the Town Council, has determined to take
final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed and Re-enacted. Avon Municipal Code Section 2.02.010 —
Departments enumerated is hereby repealed in its entirety and re-enacted to read as follows:
2.02.010 — Departments enumerated.
The administrative departments of the Town shall be as follows:
(a) General Government
(b) Community Development
Ord 25-05 Amending Section 2.02.010 — Departments Enumerated
Page 1 of 3
ATTACHMENT A: Ord 25-05 Departments
(c) Public Works
(d) Engineering
(e) Police
(f) Recreation
Section 3. Transition and Implementation. The Town Manager is authorized and directed
to administer the transition from existing departments to consolidated departments in a manner
and timeframe which is efficient and which minimizes disruption in the Town Manager's
discretion.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for
the health, safety and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare.
Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Ord 25-05 Amending Section 2.02.010 — Departments Enumerated
Page 2 of 3
ATTACHMENT A: Ord 25-05 Departments
Section 8. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on January 28, 2025 and setting such public hearing for February 11, 2025 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
BY: ATTEST:
Tamra Underwood Mayor
Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING on January 28, 2025.
BY:
Tamra Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams,Town Attorney
ATTEST:
Miguel Jauregui Casanueva, Town Clerk
Ord 25-05 Amending Section 2.02.010 — Departments Enumerated
Page 3 of 3
UPPER EAGLE REGIOWI/J
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846 Forest Road Vail, Colorado 81657 Tel (970) 476-7480 erwsd.org
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT
MONDAY, 1ANUARY 13, 2025
PUBLIC MEETING: 5:30 PM
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:31 PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON,
ANTHONY SEKINGER, BRIAN SIPES AND OLIVIA COOK WERE PRESENT. NICOLE MURAD WAS ABSENT. ALSO
PRESENT WERE:
TOWN MANAGER, ERIC HEIL, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING
MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AICP, TOWN ATTORNEY NINA WILLIAMS, AND
DEVELOPMENT COORDINATOR, EMILY BLOCK.
MEMBERS OF THE AVON TOWN COUNCIL TAMRA UNDERWOOD, RICH CARROLL, RUTH STANLEY, KEVIN HYATT,
LINDSAY HARDY, AND GARY BROOKS
MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY WAYNE HANSON, BRANDT MARROT, TONY EMRICK,
GREGG COOPER, ROB TARTRE, AND LISA MATTIS
MEMBERS OF THE HEALTH AND RECREATION COMMITTEE MICHAEL LABAGH, KATHY RYAN, LISA POST, SONIA
MARTINEZ, KEVIN HYATT, AND NANCY TASHMAN
MEMBERS OF THE CULTURAL ARTS AND SPECIAL EVENTS COMMITTEE DANITA DEMPSEY, LISA MATTIS, JUSTIN
CHESNEY, PEDRO CAMPOS, DANIELLE MCNAIR, RUTH STANLEY, LINDSAY HARDY AND KERRI THELEN
2. APPROVAL OF AGENDA
ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER SIPES
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0.
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.
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. JOINT WORK SESSION WITH PLANNING AND ZONING COMMISSION, AVON TOWN COUNCIL, THE DOWNTOWN
DEVELOPMENT AUTHORITY, HEALTH AND RECREATION COMMITTEE, AND CULTURAL ARTS AND SPECIAL
EVENTS COMMITTEE
5.1. PEDESTRIAN MALL CONCEPT REVIEW- MAX MORGAN, PLANNER 11
6. CONSENT AGENDA
6.1. DECEMBER 9, 2024 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, 4-0.
7. FUTURE MEETINGS
7.1. JANUARY 17, 2025
7.2. FEBRUARY 10, 2025
8. STAFF UPDATES
9. ADJOURN
THE MEETING WAS ADJOURNED AT 7:10 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
MEETINGARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN
CLERK'S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
RESPECTFULLY,
EMIL YBLOCK
CASE COMMITTEE MEETING MINUTES
THURSDAY, JANUARY 16, 2025
IN PERSON AT AVON TOWN HALL
1. ROLL CALL
Present: Committee Chair Justin Chesney, Committee Member Kerri Thelen, Committee Member Danielle McNair,
Committee Member Pedro Campos, Committee Member Lisa Mattis, Committee Member Thomas Walsh, Town
Council Member Ruth Stanley, and Town Council Member Lindsay
Staff: Chief Cultural Office Danita Dempsey, Town Manager Eric Heil, Special Events Coordinator Emily Dennis,
Town Planner Max Morgan
Virtual Attendance: Town Council Member Lindsay Hardy joined the meeting virtually at 12:31 p.m. and
Committee Member Thomas Walsh joined the meeting virtually at 12:30 p.m. and departed at 1:10 p.m.
Absent: Committee Member Calyn Rieger
The meeting was called to order at 12:31 pm.
2. MINUTES
Committee Member Thelen made a motion to approve the meeting minutes from November 21, 2024. Committee
Member McNair seconded the motion, and it passed unanimously
3. PUBLIC COMMENT
No public comments were made.
4. LAZONA AND MAIN STREET MALL
Chief Cultural Officer Dempsey expressed to the Committee that they will provide feedback on the Main Street Mall
revitalization project, noting that the Committee should provide feedback on four specific areas of focus as outlined in
her email dated January 151h and following the options presented at the Planning and Zoning Commission Meeting held
previously on January 13th, 2025. She also mentioned that we are early in the design process and our feedback should
be focused.
Town Manager Heil commented that there will be lots of minor planning details to fill in, but for now we would like to get
a sense of the layout with more significant planning ideas to come later. He also mentioned that the Town wants to give
guidance to the designers early on, including the desire to have a "gateway" element. Town Manager Heil asked the
Committee what their definition of "gateway" might entail and would like to open the conversation regarding this specific
element.
Chief Cultural Officer Dempsey presents the draft layout of the Main Street Mall project, overviewing the four areas of
focus. She asks the Committee to focus on Focus Area #1, noting that this space could become flat with elements of
concrete, pavers, or grass to support those needs.
The Committee commented/inquired:
A. Is the "sloping" referring to the section from Main Street Mall and into "Bob's Place Parking Lot", or Lot B, and does
the Town of Avon own the lot?
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IN PERSON AT AVON TOWN HALL
B. In addition to landscaping, the Lettuceshed Lane and south side of the pedestrian path is a critical drainage area
designed to mitigate moisture getting into The Seasons' underground parking lot The underground lot has
experienced issues with waterproofing and other water -related problems.
C. Can you clarify the goals of this project? We are a "walking town". Is the main goal of the Main Street Mall
revitalization to bring more people in and have events on a regular basis? Where will people park?
D. The current Main Street Mall looks nice, and I like the idea of canopy lights as an inexpensive way to draw
attention. Food is a way to bring people together and I would like to find a way to incorporate food trucks into the
pedestrian mall space. A splashpad would fit well next to the playground rather than the pedestrian mall.
Chief Cultural Officer Dempsey confirmed that this was the location of the slope and that the Town would have to go to
survey to begin any activity in that space. She also mentioned that she likes the idea of using grass in this space.
Town Manager Heil noted that the Town would have to conduct a survey to see what would be best on Lot B side of
Main Street Mall. He mentioned that there is probably around 10 feet from the edge of the pedestrian pathway for the
Town to consider placing pavers, grass, or another material and that this could set the area up to support something like
event tents along the pedestrian pathway.
Town Manager Heil noted that it would be beneficial to avoid redoing or impacting the landscaping along Lettuceshed
Lane and the south side of the path, which would help reduce costs. He also mentioned that the current pedestrian mall
is attractive, and he thinks that the space from Possibilities Plaza and onward is well established and includes quality
elements such as art and recreation spaces that are used frequently. Town Manager Heil clarifies that additional
parking is not a goal, mentioning that in 2012 the Town expanded what work had previously been done near the
Wyndham Hotel to extend the pedestrian mall to Nottingham Park. He mentioned that he sees this as a simple and
straightforward project and that the goal is not to build another "events space", rather have a very nice pedestrian
corridor, free of cars, that takes you through the civic core and to the park. Now, the goal is to extend the walking path
and incorporate the "circle" theme while including a few additional elements.
Chief Cultural Officer Dempsey mentioned that if we can incorporate flat space, as is planned in Focus Area #1, the
space could lend itself to other activations, like a coffee cart or food cart. She mentioned that the Town already has the
appropriate permitting to allow these kinds of activations. Chief Cultural Offer Dempsey stated that there should be
consideration regarding access to Wi-Fi, power, and other similar services. She provided examples of potential
opportunities to the Committee, noting that First Friday at the Art Guild at Avon could expand into outdoor spaces, or
that the space could support expanded activities related to the Art Walk in Avon, ice sculptures, or other "storytelling"
activations. She also notes that the civic plaza on the south side is meant to be more of a passive space.
Chief Culture Officer Dempsey provided the Committee with an introduction to Focus Area #2, noting that it could be a
space for artful, fun, and funky furniture, provide bike parking or other facilities that can easily be cleaned, maintained,
and stored, as well as being a place for public meetings. She envisions this space would open Town Hall for things like
Ted Talks, film, poetry, symposiums, and more so that it becomes more than just a passive space.
The Committee commented/inquired:
A. Is the intent to leave the front door of Town Hall open and the space operable?
CASE COMMITTEE MEETING MINUTES, 16 JANUARY 2025 PAGE 2 1 7
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IN PERSON AT AVON TOWN HALL
B. CASE Committee has been doing tours of peer cities, and I like the idea of "multi -purposing" Town Hall among
other spaces, allowing them to serve more than one purpose. We need to think about collaboration with other
activities happening around Avon.
C. I like the idea of Focus Area #1 being flat and would like to see a division between Lot B as it often is used as a
"storage lot". I would like people to utilize the pedestrian path rather than cutting through Lot B. Having more picnic
tables for people to eat or relax in would be beneficial. We should think about people who smoke. I have noticed
this space has sometimes become an area for smoking. Is there a way we can take this into consideration?
D. I agree with the flattening of Focus Area #1 but we could put in a stairwell so people can avoid walking over the
grass to get to the pedestrian path. Regarding Focus Area #2, 1 think that it could be beneficial to move the bronze
skier statue into the center of the proposed circle area and include a water feature and additional picnic tables and
chairs. I like the idea of canopy lights and incorporating them into the Focus Area #2 would add to the space.
E. I like the idea of Focus Area #2. There is potential to allow for a more welcoming space. Improving the area may not
bring more people in but that would open the space in front of the Town Hall.
F. The multiuse of the Town Hall space would be a good idea. The intersection of Lettuceshed Lane and the Main
Street Mall could be a smaller area and that doesn't need to be the main area of focus for this project. Town Hall
has southern exposure and receives sunlight which could act as a focal point. We could focus funding on
emphasizing the Town Hall entryway. There are no great connections on the north side of the mall, making the
connection between the Main Street Mall and Lot B an important part of this project. He also noted that lighting
could be a great theme to incorporate throughout all aspects of the project, stating that the same lighting used in the
Main Street Mall could be a great addition to the "gateway" space.
G. We should think about the informal walking spaces and have a functional solution to those. Is the hotel going to be
built?
Town Manager Heil noted that the intention is not to leave the Town Hall entryway open, however, Council Chambers
gets used frequently as there is a lot going on. He mentioned that it would be easy to use the room in conjunction with
the outdoor space but there is not currently any rigid and well-defined programming. He also mentioned that there are
opportunities to let programming grow naturally as interest and demand arise. Town Manager Heil commented about
the restaurant spaces across from Town Hall, asking the group what the right size of the space is and questioned how
you can make the space look more attractive while having the flexibility to move assets around. He noted that we
currently only have one picnic table in the Main Street Mall space and that it gets used very often in the summer. He
also mentioned that we are very conscious about Lot B and notes that there are a few design elements that the Town is
encouraged by, including a strong pedestrian connection with a path that is about 8-10 feet wide paved with pavers. He
mentioned that because Lot B is not Town Owned, the Town cannot legally enforce the developer or lot owner to do
anything with that space, stating that there is also no code for maintaining the back of the lot. He stated that the Town of
Avon would offer to support the development of that private lot via funding. He also stated that we would prefer to have
something that is ground level with the pedestrian path that has a public -facing window space, that could include
something such as a coffee shop, art gallery, or a display window space.
The Committee commented/inquired:
A. Is the Main Street Mall planning happening in conjunction with current Downtown Development Authority planning?
B. The Lake Street crosswalks are asphalt rather than pavers because of budget constraints at the time.
CASE COMMITTEE MEETING MINUTES, 16 JANUARY 2025 PAGE 3 1 7
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IN PERSON AT AVON TOWN HALL
Town Manager Heil responded that there is a plan for higher density and mixed -use buildings in Avon in reference to
the DDA planning. He also mentioned that we do want pavers throughout the entire Main Street Mall project and noted
that we should use this as a consistent theme. He mentioned that we already use the same design elements throughout
Nottingham Park.
Chief Cultural Officer Dempsey introduces Focus Area #3 and #4 to the group, posing the question "What does gateway
meant to you?" She gave examples of things that could be placed in Focus Area #3 including benches, art collections,
bicycle parking and noted that the space could be larger than it appears on the map. She also mentioned that Focus
Area #4 is a place that could be considered a "gateway" into Nottingham Park and encouraged the group to be creative
with their ideas.
The Committee commented/inquired:
A. A "gateway" space should offer a sense of grandeur, and I would like there to be a sign the says "Nottingham Park"
or something physical for people to walk under.
B. A gateway structure should be obvious and grand. I have a hard time envisioning this with Lake Street in between
the pedestrian mall and the park. The general perspective of parks is one of outdoor space and we could consider
outlining it with trees.
C. Is there a way to connect Focus Areas #3 and #4 so that there is a more cohesive feel to the space? An arched
structure could fit well as a gateway.
Chief Cultural Officer Dempsey mentioned that the upper field in Nottingham Park is a sand -based crown athletic field, and
the dimensions are within regulation guidelines. She mentioned that we do not want to lose any of the athletic field space
and so reducing the field space for a gateway structure is not an option.
Town Manager Heil mentioned that the gateway could be a combination of wayfinding while incorporating a relevant design
theme. He provided examples of physical gateways that include arches, tunnels, art and stone. He mentioned that placing
design elements on all four corners of the crosswalk space across Lake Street could be a way to offer a more unique
gateway, noting that the street can make designing this element difficult. Town Manager Heil showed the group some
options for Focus Area #4 that incorporated the Lake Street crosswalk. He noted that ideas including any kind of local flavor
would be beneficial to provide to the designs, stating that he liked the idea of a bronze moose, and encouraged other ideas
that emulate Avon's character.
The Committee commented/inquired:
A. Why is there a quarter circle design around the Lake Street crosswalk rather than a half circle?
Town Manager Heil mentioned that there are no plans south of the crosswalk delineation because we do not know what is
happening with the Old Fire Station (Lot 351) yet.
Town Planner Morgan mentioned that none of these plans are set in stone and that Lot 351 is still a question mark.
The Committee commented/inquired:
A. I have been considering this design for a long time, and I think that this space should have both a visual and
physical connection. The visual connection could be in conjunction with Focus Area #3 and the walkway could be
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IN PERSON AT AVON TOWN HALL
shifted to the south as the library is going to play a huge role in this project. A physical gateway could be placed
along the intersection of Lake Street and the recreation path, or along the south recreation path. People walk along
this path very frequently and it would not take away from the visual of the park when coming from the pedestrian
pathway. The gateway is part of a larger sequence of arrivals, and it could be the gateway to the park, Main Street
Mall, and act as an intersection for all these locations.
B. A gateway should be representative of both sides and could allow for more fluidity.
Town Manager Heil commented that this is why we are doing the layout first before solidifying designs. He mentioned that it
would be easy to take a phased approach and that it would not make sense to do much with the lot behind the library until
we know what is happening with Lot 351.
The Committee commented/inquired:
A. The library is an important factor that was also discussed in early meetings regarding the Avon Recreation Center.
Food trucks or allocating designated food truck spaces is not an appealing feature for me. The views could be in the
way of the park, detracting from what we all think is so special about this project.
B. I like the idea of doing something on both sides of Lake Street. Having an archway or something that frames the
large tree in the upper field could be a great way to highlight a feature that a lot of people have an emotional
connection with.
C. We should name the tree.
D. Should we consider a construction easement if we do not know what is happening with Lot 351?
E. I like the idea of the gateway element having an entryway in both directions. Would there be any damage to
potential landscaping if we do not provide a pathway for people to follow?
F. I do not love the idea of a smaller circular element on Lake Street. There are already lots of blind spots and that
making the road skinnier could impede people's ability to drive and make it less safe for pedestrians.
Town Manager Heil mentioned that Focus Area #3 on the west side of Mikaela Way would be a good location for continuing
the theme of circles, without trying to introduce programming. He stated that this would be a good area for art, landscaping,
picnic tables, or benches. He also mentioned that having the library move their entryway to that side of Focus Area #3
would be major work and that he does not foresee this happening.
The Committee commented/inquired:
A. Instead of a new entryway, it would be nice to add a large window on that side of the library.
B. The landscaping behind the library is a key part of Focus Area #3, but we cannot do anything with that piece
because it is part of the library.
C. Why would Focus Area #3 be part of the library space? A circular space would fit well within the food truck area
incorporated into Focus Area #1 to open up the space.
D. The repetition of materials is beneficial. The crosswalk across Mikaela Way should have pavers and be a different
material so that drivers understand it is a pedestrian space. We should make the pedestrians dominant and not
subservient to cars.
E. Could we incorporate speed tables for the crosswalk areas?
CASE COMMITTEE MEETING MINUTES, 16 JANUARY 2025 PAGE 5 1 7
CASE COMMITTEE MEETING MINUTES
THURSDAY, JANUARY 16, 2025
IN PERSON AT AVON TOWN HALL
Town Planner Morgan mentioned that a representative from the library has joined in Planning and Zoning Committee
meetings and that it is helpful to hear from this group what we would want the library to consider. He stated that they are
happy to continue conversations with the library.
Chief Cultural Officer Dempsey thanks everyone for their feedback and reviews a parking map with the group. She asked
the group what they thought about reduced parking in the Recreation Center west lot.
Town Manager Heil mentioned that they are presenting additional parking on Lake Street, in front of the Avon Recreation
Center.
The Committee commented/inquired:
A. Slowing vehicles down is a good thing and pedestrians do not want to feel scared. There are some parts of Avon
that are dangerous to walk. If losing a parking spot makes it safer for pedestrians, then it should take precedent.
Town Manager Heil mentioned that although we want the space to be pedestrian friendly, we still want additional parking.
He noted that the Main Street Mall pedestrian pathway does not have any vehicles, and that Mikaela Way is the only place
that currently has an intersection of pedestrians and cars. He also mentioned that there is room to reconfigure as needed.
Town Manager Heil stated that if we move the Main Street Mall project any further south, we are limiting the available space
for any future projects related to Lot 351.
The Committee commented/inquired:
A. The Committee inquired about a possible relocation of the Metcalf Cabin and about an expected timeline for
projects related to Lot 351.
Town Manager Heil mentioned that the next steps for Lot 351 would be to get funds to do a structural and mechanical
assessment, however we have been previously advised by Council to hold for now. He also mentioned that he would like to
take Lot 351 to the Town Council this quarter, noting that it would be helpful to get assessments done to see what makes
sense for the space and that a more grandiose vision is going to take more time. He mentioned that completing the
pedestrian mall is a priority and that although we do not know what is happening with Lot 351, we feel comfortable moving
forward with the pedestrian mall renovations from Lettuceshed Lane to Mikaela Way.
The Committee commented/inquired:
A. What is the right thing to do? We all felt strongly about orienting this project towards pedestrians and people rather
than cars and we should do the right thing even if it is not popular. Let's do it once and do it right. Getting rid of the
food truck court piece of the Main Street Mall planning sounds like the right thing to do long term.
3. STAFF UPDATE / CURRENT ACTIVITY
Chief Cultural Officer Dempsey gave a brief overview of the approved 2025 budget and announced that the Bravo! contract
was approved for the event on June 26th. She also mentioned that load -in for that event will begin after AvonL/VE! on June
25th and that logistics are still in the planning stages. She stated that the fourth RFP for Art Around Avon has been released,
and applications close on March 10th, noting that there are eight applications so far. She stated that there will be repair work
to some of the pedestals throughout the month of April and that a jury panel will be selected soon. Chief Cultural Officer
CASE COMMITTEE MEETING MINUTES, 16 JANUARY 2025 PAGE 6 1 7
CASE COMMITTEE MEETING MINUTES
THURSDAY, JANUARY 16, 2025
IN PERSON AT AVON TOWN HALL
Dempsey mentioned that we are working with The Seasons to install a large format mural, stating that the RFP will be
released in the next 30 days or so. She mentioned that a representative from The Seasons will sit on the jury panel.
The Committee commented/inquired:
A. The Committee expressed their excitement for the Sinfonica de Mineria event.
B. Will an artist be chosen based on a specific design concept or based on the artist's portfolio?
Chief Cultural Officer Dempsey stated that we would be taking an approach based on the artists' portfolio. She mentioned
that applicants from last year's mural project provided feedback, noting that we should consider an artist's portfolio rather
than one specific design. She stated that we will still provide a thesis statement to the applicants and envisions that this
mural will have a heritage and ranching theme, but that the design guidelines are still to be determined. She stated that
there are currently seven CASE Committee applications, and they will go in front of Town Council on February 25t", noting
that Committee Member's Justin Chesney and Danielle McNair have reapplied.
4. PLANNING
Chief Cultural Officer Dempsey reviewed the CASE Committee meeting schedule for 2025. She also asked the Committee
to review the goals laid out in the Strategic Planning document, noting that if we receive the NEA grant this April, the
strategic plan will be put into motion. She stated that we are in the process of planning tours to peer cities for 2025,
mentioning that we will be going to Salida, Buena Vista, Breckenridge, and Steamboat Springs.
CLOSING COMMENTS
Chief Cultural Officer Dempsey reviewed the upcoming schedule for Saturday's Fireworks in Avon event.
ADJOURNMENT
The meeting was adjourned at 1:54pm.
Respectfully submitted by:
Emily Dennis
Special Events Coordinator
CASE COMMITTEE MEETING MINUTES, 16 JANUARY 2025 PAGE 7 1 7
TO: Honorable Mayor Tamra Underwood and Council Members A
FROM: Dean Stockdale, Senior Accountant Avon
RE: Financial Report — December & November 2024 data
DATE: January 21st, 2024 c 0 L 0 H A D 0
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for November 2024 and the recreation fees and real estate transfer tax revenues for
December 2024.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for November revenues in 2024 and December 2024. 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 — November 2024: November sales tax revenues totaled $699,812. This is a
decrease of $15,905 or 2.22% compared to November 2023 sales tax revenue of $715,717.
K i NOVEMBER 2023 v NOVEMBER• •A• •
�� EL M—Akmal
ncrease/Decrease
Home/Garden
$78,809.62
$86,933.89
$8,124.27
Grocery/Specialty/Health
$150,669.81
$145,591.05
($5,078.76)
Sporting Goods Retail/Rental
$45,026.95
$51,360.49
$6,333.54
Miscellaneous Retail
$26,359.58
$25,406.78
($952.80)
Accommodations
$75,240.16
$95,580.22
$20,340.06
Restaurants/Bars
$111,560.01
$108,162.13
($3,397.88)
Other
$6,013.15
$6,083.08
$69.93
Service Related
$62,521.87
$19,782.24
($42,739.63)
Liquor Stores
$24,118.16
$15,880.79
($8,237.37)
E-Commerce Retail
$71,935.00
$87,255.81
$15,320.81
Manufacturing/Wholesale
$10,012.40
$8,882.03
($1,130.37)
Construction Related Services
$45,957.10
$40,188.95
($5,768.15)
Digital Media Suppliers/Sellers
$6,834.86
$8,113.38
$1,278.52
Commercial/Industrial Equipment
$659.06
$591.62
($67.44)
Special Events
$0.00
$0.00
$0.00
TOTAL
$715,717.73
$699,812.46
($15,905.27)
970-748-4044 dstockdale@avon.org
Sales Tax: November 2024 Budget v Actual Collections: November 2024 sales tax revenues totaled
$715,717. This is a decrease of $48,593 over the November 2024 estimate of $748,406. This is 6.49%
below the adopted 2024 budget (based on a 3-year average).
Nor �NOVEMBER 2024• •
2024 Budget 2024 Actual Dollar Variance Percentage Variance
November $748,406.44 $699,812.46 ($48,593.98) (6.49%)
Page 2 of 11
Accommodation Tax: Revenues — November 2024: Accommodation tax revenues totaled $95,565 for
the month of November. This is an increase of $16,113 or 20.28% compared to November 2023
accommodation tax revenues, which totaled $79,452. Accommodation tax collections by industry type for
November 2024 compared to November 2023 reported an increase for Timeshares and Vacation Rentals.
NOVEMBER 2023 v NOVEMBER 2024 ACCOMMODATION
November 2023
TAX COMPARISON BY INDUSTRY
November 2024 Increase
ecrease
Timeshares $4,868.34
$14,406.64
$9,538.30
Hotels $25,747.54
$24,264.89
($1,482.65)
Vacation Rentals $48,836.27
$56,893.86
$8,057.59
TOTAL $79,452.15
I $95,565.39
I
$16,113.24
November 2024 Budqet v Actual Collections: November 2024 accommodation tax revenues totaled
$95,565. This is a decrease of $24,378 over the November 2024 estimates of $119,943. This is 20.32%
below the adopted 2024 budget (based on a 3-year average).
NOVEMBER 2024 BUDGET v ACTUAL COLLECTIONS• •DA•
024 Budg 2024 Actual Dollar Variance Percentage Variance
November $119,943.80 $95,565.39 ($24,378.41) (20.32%)
Page 3 of 11
Short Term Rental Tax for CH: Revenues — November 2024: STIR Tax for Community Housing totaled
$43,483 for the month of November. This is an increase of $9,162 or 26.70% compared to November
2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as
residential.
NOVEMBER 2023
I
v NOVEMBER 2024
November 2023
STR TAX FOR CH COMPARISON BY INDUSTRY
November 2024 Increase
ecrease)
Timeshares
$2,434.17
$7,203.32
$4,769.15
Hotels
$8,327.62
$8,365.66
$38.04
Vacation Rentals
$23,559.04
$27,914.02
$4,354.98
TOTAL
$34,320.83
I $43,483.00
I
$9,162.17
Tobacco & Cigarette Tax: Revenues — November 2024: Tobacco tax revenues totaled $21,503 and
cigarette tax revenues totaled $17,883 for November 2024. Compared to November 2023 revenues, this is
a decrease of $4,750 for tobacco tax revenues, which totaled $26,254 and a decrease of $2,403 for
cigarette tax revenues, which totaled $20,286.
Page 4 of 11
November 2024 Adopted Budget v Actual Collections: November 2024 tobacco and cigarette tax
revenues totaled $21,503 and $17,883, respectively. This is a decrease of $5,234 over the November
2024 budget for tobacco tax, which is $26,738 and a decrease of $626 over the November 2024 budget
for cigarette tax estimates, which is $18,509 which is based on a 3-year average.
2024 Budget 2024 Actual Dollar Variance
Percentage
Variance
Tobacco
I $26,738.43 $21,503.47 ($5,234.96)
(19.58%)
Cigarettes
$18,509.97 $17,883.00 ($626.97)
(3.39%)
Total
I 1 1 ($5,861.93)
Page 5 of 11
Real Estate Transfer Tax: Revenues — December 2024: December 2024 real estate transfer tax totaled
$1,196,989.96. Compared to December 2023, which totaled $1,442,665.56, this is a decrease of
$245,675.60. This is a decrease of $167,203 over the December 2024 budget which was based on a 3-
year average.
Page 6 of 11
Recreation Center Fees: Revenues — December 2024 Admissions & Program Fees: Recreation
admission revenues for December 2024 totaled $133,028 is an increase of $36,344 compared to
December 2023 which totaled $96,684. This is $7,416 below the adopted 2024 budget estimates of
$140,445. Recreation program fee revenues for December 2024 totaled $18,902. This is a decrease of
$4,328 compared to 2023, which totaled $23,231. This is $3,536 below the adopted 2024 budget
estimates, which is $22,438 which is calculated based on a 3-year average.
Page 7 of 11
Tax Revenue Comparison — 2023 v 2024: All taxes are down for 2024 compared to 2023. 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 the YTD is reflecting an unfavorable variance to 2023.
2023 v 2024 YTD Revenue Compari on
T
2023 Dollar Variance Percentage
Variance
Sales Tax
$11,433,398.07
$11,287,501.97
($145,896.10)
k1.28%)
Acc. Tax
$2,063,608.77
$1,881,544.37
($182,064.40)
(8.82%)
STR Tax for CH
$922,833.20
$847,995.78
($74,837.42)
(8.11%)
Tobacco Tax
$339,559.68
$285,002.68
($54,557.00)
(16.07%)
Cigarette Tax
$231,664.50
$219,438.54
($12,225.96)
(5.28%)
Rec Admissions
$1,309,084.88
$1,373,806.30
$64,721.42
4.94%
Rec Program Fees
$427,900.37
$447,712.71
$19,812.34
4.63%
TOTAL
$16,728,049.47
16,343,002.35
($385,047.12)
(2.30%)
Adopted Budget 2024 v Actual 2024: All taxes reflect an unfavorable variance over the 2024 budget.
Rec Center revenue is favorable compared to the 2024 budget. Total revenue for the YTD is reflecting an
unfavorable variance to the 2024 budget. Below is a table which reflects the dollar change and percentage
variance.
Comparison2024 Revenue
Budget
Budget
Actual
Dollar Variance Percentage
Variance
Sales Tax
$12,009,621.35
$11,287,501.97
($722,119.38)
(6.01%)
Acc. Tax
$2,203,136.33
$1,881,544.37
($321,591.96)
(14.60%)
STR Tax for CH
$927,355.22
$847,995.78
($79,359.44)
(8.56%)
Tobacco Tax
$324,316.85
$285,002.68
($39,314.17)
(12.12%)
Cigarette Tax
$222,608.01
$219,438.54
($3,169.47)
(1.42%)
Rec Admissions
$1,140,000.00
$1,373,806.30
$233,806.30
20.51%
Rec Program Fees
$375,540.00
$447,712.71
$72,172.71
19.22%
TOTAL
$17,202,577.76
$16,343,002.35
($859,575.41)
(5.00%)
Page 8 of 11
Real Estate Transfer Tax: Revenues YTD
2024 BUDGET/PRIOR YEAR v ACTUAL
COLLECTIONS — REAL ESTATE
TRANSFER TAX
REVENUES
2024 Budget
MENlar Variance
Percentage
Variance
Real Estate Transfer Tax
$8,500,000.00
$7,819,612.95
($680,387.05)
(8.00%)
2023 Actual
2024 Actual
Dollar Variance
Percentage
Variance
Real Estate Transfer Tax
$5,904,298.93
$7,819,612.95
$1,915,314.02
32.44%
New and Renewed Business and STR Licenses - 2023 v 2024: The total number of 2024 business
licenses issued through December was 1,257. This was down 36 licenses or 2.8% for the year to date. The
total number of STR licenses issued through December was 135. Compared to 2023 the STR licenses
were down 6 licenses or 4.3% for the year to date.
Er2024 v 2023 — Business
MMMMMM
and STR Licenses
— Year to Date
License
Variance
Percentage
Variance
Business License - Vendor
936
970
(34)
(3.5%)
Business License — Fixed Location
226
228
(2)
(0.9%)
Business License — Home Occupation
64
63
1
1.6%
Business License — Special Event
31
32
(1)
(3.1%)
TOTAL BUSINESS LICENSES
1,257
1,293
(36)
(2.8%)
STR License
310
333
(23)
(6.9%)
Page 9 of 11
Business Licenses Issued 1/: 12/31
T
STR Licenses Issued 1/: 12/31
EXPENDITURES: DECEMBER 2024
General Fund YTD Actuals v 2024 Budget: General Fund expenditures through December 2024 total
$23,786,745 which is 89.80% 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 2024 Budget: Mobility Fund expenditures through December 2024 total
$2,499,979 which is 73.67% of the total adopted budget. These expenditures include the cost for wages,
health benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2024 Budget: Fleet Maintenance expenditures through December
2024 total $2,745,163 which is 125.90% of the total adopted budget. These expenditures include wages,
health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. The unfavorable
variance is primarily due to part stock along with an increase to third party R&M. These expense increases
were partially offset by an increase to fleet parts markup and 3rd party vehicle maintenance charges.
Capital Proiects Fund YTD Actuals v 2024 Bud_pet: The Capital Improvement expenditures through
December 2024 total $7,616,599 which is 77.11 % of the total adopted budget. These expenditures were
made up of primarily West BC Blvd. street improvements, Public works garage, Nottingham Rd basin
erosion control, and trail improvement projects.
Thank you,
Dean
Page 11 of 11
A
T0: Honorable Mayor Tamra Underwood and Council MemIAV0 n
FROM: Gary Padilla, Operations Manager
RE: Public Operations Update: October - December
DATE: January 6, 2025 k, PUBLIC WORKS
General Maintenance
• Maintained three parks: picked up debris, blew common areas, kept trees/overgrowth trimmed,
• Flower beds maintained by Whitaker Landscape in the following areas:
o Avon Road, West and East Beaver Creek Blvd, Lake Street, Avon Station, and Post Blvd.
o Winterized all landscape areas
Parks
• Picked up trash and doggie stations daily at the following locations:
o Harry A. Nottingham Park
o Pocket Parks — Wildridge and Eaglebend
o Mall
o Eagle Valley Trail
o Bus stops
o Wildridge
o Wildwood
o West Avon Preserve parking areas.
• Mowed all turf areas, kept parks, public areas, and fields maintained.
o Striped fields for soccer — until the end of October
• Removed a section of boat dock for ice skating on the lake.
• Prepped several landscape gardens for Winter
• Mulched under trees at Harry A. Nottingham Park
• Top dressed several areas at Harry A. Nottingham Park
• Irrigation blow-out Town Wide and Post Blvd.
• Installation of Monument Signs
• Holiday Lights - Attached is the link to our GIS for review of the Tree Holiday Lighting done by
Mackenzie Higgins.
o https://storymaps.arcgis.com/stories/195a970cf37c47f1899d279f361 c9bd6
970-748-4118 gpadilla@avon.org
• Installation of Monument Signs
o Avon Recreation Center
0 O'neal Spur Park
o Saddleridge Park
I_ T.
• Built winter holiday planters
Page 2 of 3
• Snow removal operations
o Parking lots
o Sidewalks
o Bike paths
• Maintained Icy spots
Roads and Bridges
• Brick Repair
o Avon Station
• Sign replacement
o Stop Sign
■ Beaver Creek PI
■ Chapel PI
o Lane Split Nottingham/ Avon Rd — (Needs New Concrete Base)
■ Replaced several times in the past month
■ Avon off -ramp
o Yield Sign Riverfront Ln
■ Swift Gulch/ Post Blvd
■ Riverfront Ln
0 6x6 post removal Avon Station
• Wildridge Dog Park Gate installation
o Road Closed signs installed
Page 3 of 3
TO: Honorable Mayor Tamra Underwood and Council Members A
FROM: Matt Pielsticker, AICP, Community Development Director �� O
RE: Three -Mile Planning Updates
DATE: January 17, 2024 c o 1 c H A. „ o
SUMMARY: Preparation and approval of a Three -Mile plan was identified as a Community Development
Department Goal last year. This report is provided to update Town Council on progress related to the Three -Mile
planning effort. A draft plan is coming together for eventual public hearings, and adoption in Q1 2025.
THREE MILE PLAN: The State of Colorado authorizes municipalities to adopt a Three Mile Plan. A
Three Mile Plan is used to coordinate development beyond a municipality's boundaries, guide regional
infrastructure development, describe preferred uses and development for properties that are adjacent and
near the municipal boundaries, and designate properties that are eligible to consider for annexation if there
is mutual consent.
BACKGROUND: The Town of Avon has never adopted a Three -Mile plan. After being identified as a
Community Development Department goal, a Request for Proposals ("RFP") to solicit professional planning
assistance for the Sun Road/East Avon planning and Three -Mile Plan took place. Staff selected different
teams for these planning efforts based upon experience, team composition, and local knowledge. Scot
Hunn, Hunn Planning and Policy LLC, and Pedro Campos, Zehren and Associates, were brought on board
in early 2024 to get the Three -Mile effort started.
The Avon Development Code Section 7.36.030 designates the Avon Comprehensive Plan as the "plan in
place" referenced in the Colorado Revised Statues. This chapter will be amended once a formal Three -
Mile plan is adopted by the Town Council.
We identified all property within three miles of Avon's municipal boundaries, and then determined a focus
area ("Attachment A") within the three mile buffer for further analysis. Much of the property in the potential
Three Mile Plan area is already developed and has little potential to redevelop or is U.S. Forest Service
land. As reflected in the attached three-mile boundary map and additional areas "potentially eligible for
annexation", only the areas which may have potential for development or redevelopment that may involve
coordination with the Town of Avon, as well as U.S. Forest Service lands which are directly used by the
Avon community for recreation purposes, are included in the more detailed study area.
STAKEHOLDER ENGAGEMENT: To date, staff has met with the following property individuals and
entitles: Beaver Creek Resort Company, Eagle Vail Metropolitan District and Property Owners Association,
Kayak Crossing, Presbyterian Church, Carol Kreuger, Polar Star, State Land Board, and United States
Forest Service. Before public hearings commence, the stakeholders will be provided with a draft version of
the plan.
ADOPTION PROCESS: The Colorado Revised Statutes do not specify the process or notification
requirements when adopting a Three -Mile Plan. As such public notification for adoption of the Three -Mile
Plan is subject to the Avon Development Code requirements. The Three -Mile Plan will be considered a
"Comprehensive Plan" by definition, and subject to the notification and approval process. Published
notification in the Vail Daily and public hearings before the Planning and Zoning Commission ("PZC") and
Town Council will be required. Approval of the Three -Mile Plan is by Ordinance with adopted findings of
(970) 748-4413 matt@avon.org
fact. Based upon meeting schedules it is likely for a final plan to be brought forward for adoption in January
2025.
Thank you, Matt
ATTACHMENT A: Map of Three -Mile Boundary & Study Area
Page 2 of 2
ATTACHMENT A
Berliamont
Estates
US Forest Service
(Recreational Use Planning Area)
Lake
Sin
BachelorIGulch
_ L_� Three Mile
A
THREE MILE PLAN
Avon STUDY AREA
RRt RRAPO
Creek
0
Three Mile Boundary
US Forest Service
(Recreational Use Planning Area)
US Forest Service
l (Recreational Use
Planning Area) r
Minturn
Vail
�Legend
EXISTING TOWN BOUNDARY
— i THREE MILE BOUNDARY
❑ THREE MILE PLAN STUDY AREA
0 125=' 2500' 5000'
Scale: V = 2500' lllal
TO: Honorable Mayor Underwood and Council members A
FROM: Patti Liermann, Housing Planner ��
RE: Housing Needs Assessment and Action Plan Update
on
DATE: January 22, 2025 C o L O H A D o
SUMMARY: This report provides Avon Town Council ("Council") with an update on the progress of the
ongoing Housing Needs Assessment and Regional Housing Action Plan.
BACKGROUND: The Town of Avon ("Town:") was the recipient of a Department of Local Affairs ("DOLA")
grant to complete a Housing Needs Assessment and Regional Housing Action Plan for the Eagle River
Valley. DOLA serves as the primary interface between the State of Colorado ("State") and local
communities. They provide financial support for local communities and professional and technical services
to community leaders in the areas of governance, housing, and property tax administration.
To guide decision making around the Regional Housing Action Plan, 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. The Town of Avon is leading the project
with continued guidance from the Housing Partners. Economic Planning Systems ("EPS") is the
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 taking place over the course of a year, starting in February 2024:
1. Outreach — completed
Community survey and employer survey, focus groups, individual interviews.
2. Housing Needs Assessment — completed
Data from each jurisdiction, Eagle County, MLS, and assessor records. Includes building permit data, future
housing projects, home sales, rental data, current jobs data, and job and population growth projections.
3. Action Plan & Final Report — February/March 2025:
a) EPS will provide the draft final report to the Housing Partners in late January. The Housing
Partners will schedule presentations to their jurisdictions which will consist of the Housing Needs
Assessment and Regional Housing Plan. The final report will include an executive summary
highlighting key findings and recommendations and will be usable and accessible to multiple
Housing Needs Assessment and Regional Housing Action Plan Update
July 9, 2024
Page 1 of 2
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.
b) Housing Action Plan. Each Housing Partner will create their Local Housing Action Plan. This
Action Plan will feed up to the Regional Housing Action Plan. Both the Local and Regional Action
Plans will be submitted to DOLA as part of the new state requirements of SB24-174.
Key Findings
1) The Eagle River Valley will need nearly 6,000 total units over the next 10 years, comprised of catch-up
and keep -up demand.
2) There is a slightly higher need for rental than ownership.
3) Components of catch-up demand include reducing overcrowding, temporary housing, in -commuting,
and addressing unfilled jobs. Catch-up demand is needed at all income levels.
4) Components of keep -up demand include 10-yearjob growth projections, employees to households,
and units to accommodate retirees. Keep -up demand is needed most at 80%-100% AMI.
Catch Up . Up Total
TotalDescription ..Total
Extremely Low Income (<300, 206 41 165
0 0 0
206
41
165
Very Low Income (31 - 50% 1 282 57 226
0 0 0
282
57
226
Low Income (51% - 80% AMI 662 124 538
889 444 444
1,551
569
983
Moderate Income
81% -100% 319 75 244
1,064 532 532
1,382
607
776
100% -120% 248 83 165
548 274 274
795
356
439
Middle Income
120% to140% 243 83 160
174 87 87
417
170
247
140% to160% 198 77 120
51 26 26
249
103
146
160% to180% 134 70 64
138 69 69
272
139
134
180% to 200% 134 70 64
46 23 23
180
93
87
Greater than 200% 391 290 101
391
290
101
200% to 220%
184 92 92
184
92
92
220% to 240%
14 7 7
14
7
7
Total 2,817 968 1,849
3,108 1,554 1,554
5,925
2,522 3,403
Source: U.S. Census Bureau, Jobs EQ, RRC Associates, Economic & Planning Systems
Other Updates
The Sustainable Affordable Housing Assistance Bill (SB24-174) passed. This bill requires a statewide
housing needs assessment effective in 2027 and that each local government submit a housing needs
assessment and action plan to DOLA beginning in 2026. The bill allows for regional assessments and
studies while the action plan can be specific to each jurisdiction. The Eagle River Valley has been
proactively participating in regional assessments and studies so staff is supportive of this bill passing.
Thank you, Patti
Attachment A — Draft Housing Gaps and Needs Slides
Housing Needs Assessment and Regional Housing Action Plan Update
July 9, 2024
Page 2 of 2
EAGLE COUNTY REGIONAL
HOUSING NEEDS ANALYSIS
ATTACHMENT A
Draft Housing Gaps and Needs
December 2024
OVERVIEW
• These numbers represent the total need for Eagle
County over the next 10 years
• Communities typically do not address 100% of
identified needs
• By understanding the different components of
need, each jurisdiction can set informed goals
and priorities and target available resources
■ How much housing is addressed within the
region and each jurisdiction ultimately depends
on regional and local capacity, resources,
partnerships, and policy
■ State Requirements (SB1 74)
— Estimate housing needs in the region and each
local government's jurisdiction that forms the
region, sorted by income level and dwelling
type, including accessible units, supportive
units, for -sale units, and rental units
— Estimate an allocation of housing needs to each
local government in the region or contributing
to housing needs in the region based on the
number and jobs and each local government's
dependence on jobs in the region, among other
factors, to promote a balance of jobs at all
salary levels and homes affordable to person in
the region holding hobs at all income levels in
the region
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 1
SUMMARY OF NEED
■ Nearly 6,000 total units
Catch Up
over the next 10 years
— 2,800 catch-up
— 3,100 keep-upExtremelyLow
Income (<30°
206
41
165
0
Very Low Income (31 - 50% /
282
57
226
0
Low Income (51 % - 80% AMI
662
124
538
889
■ More need for rental than
Moderate Income
n
81 % - 100%
319
75
244
1,064
ownership
100% -120%
248
83
165
548
— Based on current
Middle Income
120% to 140%
243
83
160
174
assumptions
140%to 160%
198
77
120
51
160% to 180%
134
70
64
138
180% to 200%
134
70
64
46
Greater than 200%
391
290
101
200% to 220%
184
220% to 240%
14
Total
2,817
968
1,849
3,108
Source: U.S. Census Bureau, JobsEQ, RRC Associates, Economic & Planning Systems
0
0
206
41
165
0
0
282
57
226
444
444
1,551
569
983
532
532
1,382
607
776
274
274
795
356
439
87
87
417
170
247
26
26
249
103
146
69
69
272
139
134
23
23
180
93
87
391
290
101
92
92
184
92
92
7
7
14
7
7
1,554
1,554
5,925
2,522
3,403
Economic & Planning Systems I RRC Associates
Eagle County Regional Housing Needs Assessment 1 2
CATCH UP
EXISTING HOUSING SHORTAGES
COMPONENTS OF CATCH-UP NEED
I. Reduce overcrowding
2. Reduce residents living in temporary
housing conditions
3. Reduce in -commuting
4. Address housing needs for unfilled
jobs
■ To translate from jobs to housing needs.-
- 1 .3 jobs per person
1.7 employees/household (current)
Households 4 housing units (increase
using 5% vacancy rate)
• To understand need by tenure:
— Apply 50/50 owner -renter split (or based
on type of need)
— Different from current 69% owners/31
renters
• To understand need by income level:
— 2024 Eagle County AMI distribution (survey
data)
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 4
CATCH-UP SUMMARY
■ 2,817 total units are needed
to accommodate current
housing need in the county
— 968 owner units
— 1,849 rental units
■ Need at all income levels
Total Eagle County Catch -Up Housing Needs by Tenure and AMI
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%
Greater than 200%
Total
206
41
165
282
57
226
662
124
538
319
75
244
248
83
165
243
83
160
198
77
120
134
70
64
134
70
64
391
290
101
2,817
968
1,849
Source: U.S. Census Bureau, RRC Associates, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 5
OVERCROWDING
■ Goal is to reduce overcrowding by 100%
— 1 new housing unit for every 1 overcrowded
unit
■ 686 overcrowded units in the County
— Assume 100% of households leaving
overcrowded units will rent
Eagle County Housing Needs: Overcrowding
1.01 to 1.50 occupants per room
1.51 or more occupants per room
Total Overcrowded Units
452
132 320
234
125 109
686
- 686
Source: U.S. Census Bureau, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 6
TEMPORARY HOUSING
■ Goal is to house all occupants
currently living in temporary
conditions
■ 195 households currently living
in temporary situations
— 195 new units
— Assume 100% of households leaving
temporary units will rent
Eagle County Housing Needs: Temporary Housing
Staying with friends or family / couch surfing 114
Camper / RV / van with kitchen and sleeping space 60
Room in a motel / hotel 21
Total Temporary Units 195
Source: RRC Associates, U.S. Census Bureau, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 7
COMMUTING
Create housing opportunities for
■ In -commuting data is challenging
to get; estimates show
approximately 1 1 % of employees in
Eagle County are in -commuters
■ 84% of survey respondents would
live in Eagle County if they could
afford to rent or own
— Initial goal of accommodating 75% of
in -commuters
■ Applying jobs per employee and
employees per household factors
--> 1 ,274 new households
— Applying vacancy adjustment --> 1,338
new housing units
— 50/50 owner/renter
Eagle County Housing Needs: In -Commuters
Eagle county jobs
Jobs per employee
Eagle County employees
% in -commuters
Eagle county in -commuters
Desired % moving to Eagle County
Possible new in -commuter residents
Employees per household
Estimated additional households
Vacancy adjustment
Estimated additional housing units
34,022
17,011
17,011
1_3
1_3
1_3
26,171
13,085
13,085
11%
11%
11%
2,888
1,444
1,444
75%
75%
75%
2,166
1,083
1,083
1_7
1_7
1_7
1,274
637
637
5% 5% 5%
1,338 669 669
Source: U.S. Census Bureau, RRC Associates, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 8
UNFILLED JOBS
■ Goal is to create housing to
accommodate workers to fill all
unfilled jobs
■ Survey indicates 3.7% of jobs are
unfilled
■ 34,022 total jobs (2022) 4 1 ,259
unfilled jobs
— 1.3 jobs per employee 4 968 new
employees
— 1.7 employees per household 4 570 new
households
— Applying vacancy adjustment 4 598 new
housing units
— 50/50 owner/renter
Eagle County Housing Needs: Unfilled Jobs
Eagle County jobs
Unfilled jobs as % of total jobs
Unfilled Jobs
Jobs per Employee
Employees needed
Employees per household
Estimated additional households
Vacancy adjustment
Estimated additional housing units
34,022
17,011
17,011
3.7%
3.7%
3.7%
1,259
629
629
1_3
13
13
968
484
484
1_7
1_7
1_7
570
285
285
5% 5% 5%
598 299 299
Source: RRC Associates, Colorado Dept. of Labor and Employment, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 9
CATCH-UP BY TENURE
■ 2,817 total units are needed
to accommodate current
housing need in the county
— 968 owner units
— 1,849 rental units
Total Eagle County Catch -Up Housing Needs by Tenure
Overcrowding
Number of overcrowded units
686
-
686
Adjustment Factor
100%
-
100%
Units needed
686
-
686
Commuting
Number of in -commuters
2,888
1,444
1,444
Target relocation %
75%
75%
75%
Units needed
1,338
669
669
Unfilled Jobs
Employees needed
968
484
484
Units needed
598
299
299
Temporary Housing
HH in temporary housing
195
-
195
Units needed
195
-
195
Total Units Needed
2,817
968
1,849
Source: U.S. Census Bureau, RRC Associates, Economic & Planning Systems
Economic & Planning Systems I RRC Associates
Eagle County Regional Housing Needs Assessment 1 10
CATCH-UP BY TENURE AND AMI
■ Current AMI distribution
(survey data) applied to
housing needs
■ The greatest need for owners
is at >200%AMI
■ The greatest catch-up need
for rental units is at 51 % - 80%
AMI
Total Eagle County Catch -Up Housing Needs by Tenure and AMI
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%
Greater than 200%
Total
206
41
165
282
57
226
662
124
538
319
75
244
248
83
165
243
83
160
198
77
120
134
70
64
134
70
64
391
290
101
2,817
968
1,849
Source: U.S. Census Bureau, RRC Associates, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment I 11
KEEP UP
PROJECTED HOUSING NEEDS
COMPONENTS OF KEEP -UP NEED
■ 10-year job growth
— SDO employment projections
— jobs to employees (1 .3 jobs per employee)
— Employees to households (1 .7 employees per household)
— 5% vacancy allowance (households/employees 4 housing units)
■ Units needed to accommodate employees filling jobs vacated by retirees
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 13
KEEP -UP SUMMARY
■ AMI distribution is based on
projected household incomes
for new employees in Eagle
County
■ The greatest need for owner
and rental units is at 81 %-
100% AM
— Includes sales, office/
administrative support,
transportation, education,
production, and healthcare
support occupations
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
889
444
444
1,064
532
532
548
274
274
174
87
87
51
26
26
138
69
69
46
23
23
184
92
92
14
7
7
3,108
1,554
1,554
Source: JobsEQ, RRC Associates, U.S. Census Bureau, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 14
GROWTH PROJECTIONS
Applying current
occupation
distribution to SDO
10-year job
projections
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 I RRC Associates Eagle County Regional Housing Needs Assessment 1 15
JOB GROWTH TO HOUSEHOLDS
■ 2,090 new housing units through ■
2035
AMI based on job/occupation type
50/50 owner/renter
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
206.6%
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
$181,220
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
223.3%
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
19002
2,291
1,762
1,037
1,088
[1] Assuming 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
RETIREES
■ Survey indicates about 6.3% of
employees are planning to retire in
the next five years mote.- this data
point is still ,being refined]
■ 34,022 total employees (2022)
426,1 71 total employees
— 6.3% planning to retire 4 1,647
potential retirees
— 1.7 employees per household 4 969
new households to replace retirees
— Applying vacancy adjustment 41,017
new housing units
• 50/50 owner/renter split
Eagle County Future Housing Needs: Retirees
Eagle County jobs
Jobs per Employee
Eagle County employees
% of employees planning to retire within 5 years
Employees needed to replace retirees
Employees per household
Estimated additional households
Vacancy adjustment
Estimated additional housing units
34,022
17,011
17,011
13
13
1_3
26,171
13,085
13,085
6.3%
6.3%
6.3%
1,647
824
824
1_7
1_7
1_7
969
484
484
5% 5% 5%
1,017 509 509
Source: RRC Associates, Colorado Dept. of Labor and Employment, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 17
TOTAL KEEP -UP BY TENURE AND AMI (TO 2035)
■ AMI distribution based on
projected household incomes
for new employees in Eagle
County
■ The greatest need for owner
and rental units is at 81 %-
100% AM
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
889
444
444
1,064
532
532
548
274
274
174
87
87
51
26
26
138
69
69
46
23
23
184
92
92
14
7
7
3,108
1,554
1,554
Source: JobsEQ, RRC Associates, U.S. Census Bureau, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 18
NEEDS AND GAPS SUMMARY
Extremely Low Income (<300i
206
41
165
0
0
0
206
41
165
Very Low Income (31 - 50% /
282
57
226
0
0
0
282
57
226
Low Income (51 % - 80% AMI
662
124
538
889
444
444
1,551
569
983
Moderate Income
81 % - 100%
319
75
244
1,064
532
532
1,382
607
776
100% -120%
248
83
165
548
274
274
795
356
439
Middle Income
120% to140%
243
83
160
174
87
87
417
170
247
140% to160%
198
77
120
51
26
26
249
103
146
160% to 180%
134
70
64
138
69
69
272
139
134
180% to 200%
134
70
64
46
23
23
180
93
87
Greater than 200%
391
290
101
391
290
101
200% to 220%
184
92
92
184
92
92
220% to 240%
14
7
7
14
7
7
Total
2,817
968
1,849
3,108
1,554
1,554
5,925
2,522
3,403
Source: U.S. Census Bureau, JobsEQ, RRC Associates, Economic & Planning Systems
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 19
ONGOING ANALYSIS
■ Allocation by jurisdiction
■ Considerations of current conditions vs.
— Required for SB1 74 and Prop 123 petitions
future conditions
— Considering job locations, preferences (from
— 1.3 jobs per employee, 1.7 employees per
survey), land capacity, other factors
household reflect current conditions
■ Potential additional Keep -up factors
— How might assumptions change?
— Anticipated units lost to age, condition, and/or
■ Consider accessible and supportive
expiring affordability covenants
housing needs
— Units anticipated to be lost to conversion to
— Subset of total need
vacation rental/second home use
■ Additional factors impacting housing
■ Pipeline projects
needs
— Net out of total need
— Cost burden
■ Needs 4 Goals
— Homelessness
— What are the housing targets for the county and
■ How do these numbers feed into
jurisdictions?
strategies?
— New construction
— Program approaches
— other
Economic & Planning Systems I RRC Associates Eagle County Regional Housing Needs Assessment 1 20