TC Packet 05-14-2024_____________________________________________________________________________________
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
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, May 14, 2024
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
Zoom registration is on the header at Avon.org
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:15 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. BUSINESS ITEMS
5.1. Presentation: Salute to the USA awarded Best Public Event, Fair or Festival of 2023 (Town
Manager Eric Heil)
5.2. Fire Mitigation & Fire Evacuation Drill Updates, Town of Avon Wildland Fire Preparedness Month
Proclamation and Eagle County Board of County Commissioners Joint Resolution proclaiming
May 2024 as Wildfire Preparedness Month (Chief of Police Greg Daly and Fire Chief Karl Bauer)
5.3. Work Session: Primary Residence Real Estate Transfer Tax (RETT) Exemption Review
(Finance Manager Joel McCracken and Financial Analyst Chase Simmons)
5.4. Work Session: Comprehensive Community Housing Update (Town Manager Eric Heil and
Housing Planner Patti Liermann)
5.5. Resolution 24-10: Adopting Town of Avon Employee Housing Plan Supplement (Town Manager
Eric Heil and Housing Planner Patti Liermann)
5.6. First Reading Ordinance 24-09: REZ24001; Rezoning of the East Avon Preserve to Community
Housing (Planning Manager Jena Skinner)
5.7. Work Session: Capital Improvement Plan Program Updates on Design & Construction (Public
Works Director Eva Wilson)
6. CONSENT AGENDA
6.1. Approval of April 23, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
7. WRITTEN REPORTS
7.1. April 22nd Planning and Zoning Commission Abstract (Planner II Max Morgan)
7.2. Upper Eagle Regional Water Authority April 4, 2024 Meeting Summary (Mayor Pro Tem Tamra
Underwood)
7.3. Food Truck Permit Update (Special Events Coordinator Chelsea Van Winkle)
8. 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
_____________________________________________________________________________________
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
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
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.
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, MAY 14, 2024
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT
5.1. APPLICANT NAME: EDUCATION FOUNDATION OF EAGLE COUNTY
EVENT: EVENING OF STARS
DATE AND TIME: MAY 31, 2024, 5:00 PM – 9:30 PM
LOCATION: 1 LAKE STREET – HARRY A. NOTTINGHAM PARK/PAVILION
TYPE: SPECIAL EVENT PERMIT
MANAGER: TESSA KIRCHNER
6. PUBLIC HEARING FOR A RETAIL ESTABLISHMENT LIQUOR PERMIT
6.1. APPLICANT NAME: VAIL VALLEY ART GUILD
LOCATION: 137 BENCHMARTK ROAD #C2
MANAGER: MELISSA NELSON
7. PUBLIC HEARING FOR A NEW (CHANGE OF CLASS) FERMENTED MALT BEVERAGE AND WINE OFF PREMISES (CITY) LIQUOR
LICENSE
7.1. APPLICANT NAME: MAVERIK, INC D/B/A MAVERIK, INC #689
LOCATION: 240 WAGON TRAIL ROAD
TYPE: FERMENTED MALT BEVERAGE AND WINE OFF PREMISES (CITY)
MANAGER: JAMINA PLETT
8. APPROVAL OF THE MINUTES FROM APRIL 9, 2024 LIQUOR LICENSING AUTHORITY MEETING (AUTHORITY SECRETARY
MIGUEL JAUREGUI CASANUEVA)
9. WRITTEN REPORT
9.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
10. ADJOURNMENT
970-748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk
RE: PUBLIC HEARING for Special Event Permit Application -
Evening of Stars
DATE: April 25, 2024
SUMMARY: Education Foundation of Eagle County, as the Applicant, is applying for malt, vinous,
spirituous liquor permit to serve/sell beverages at the Evening of Stars special event on May 31, 2024.
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 Harry A. Nottingham Park/Pavilion premise has been posted with notice of the public hearing for this
application, and no public comments were received. The event manager will be present to answer any
questions about the application and the event. The Applicant has adequate proof of commercial liability
insurance that meets the Town’s requirements and has obtained any other permit needed for this event.
Background checks show no previous failure by the Applicant to comply with Special Event Permit laws
and fewer than 15 special event permits issued to the Applicant this calendar year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular
types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages
in connection with public events. Avon has adopted the lo cal option whereby applications are made directly
to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no
required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for
denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that the
issuance would be injurious to the public welfare because of the nature of the special event, its location
within the community, or the failure of the applicant in a past special event to conduct the event in
compliance with applicable laws.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider a Special Events Permit application for the upcoming
Evening of Stars special event. A public hearing is required before final action is taken. Please note that
Education Foundation of Eagle County is acting as the Applicant for this permit.
Applicant Name: Education Foundation of Eagle County
Event Name: Evening of Stars
Event Date: May 31, 2024
5:00 p.m. – 9:30 p.m.
Location: Harry A. Nottingham Park and Pavilion
Event Manager: Tessa Kirchner
Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the Evening of Stars special event on May 31, 2024 from 5:00 p.m. to 9:30
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
Attachment A
Attachment B
Attachment C
970-748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk
RE: PUBLIC HEARING for a Retail Establishment Permit
Application – Art Gallery
DATE: April 25, 2024
SUMMARY: Vail Valley Art Guild, as the Applicant, is applying for a retail establishment (art gallery) liquor
permit to serve beverages on the dates included in the application.
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 premise has been posted with a notice of the public hearing for this application, and no public
comments were received. The Applicant will be present to answer to any questions the Liquor Authority
Board may have.
BACKGROUND: Art Gallery permits are now under the umbrella of Retail Establishment permits. Section
44-3-424, C.R.S., states:
“(1) (a) Except as provided in subsection (1)(c) of this section, a person operating a retail establishment may
offer and serve complimentary alcohol beverages for consumption only on the premises if the retail
establishment has been issued a retail establishment permit, which must be renewed annu ally. (b) A retail
establishment permit holder shall not: (I) Directly or indirectly, sell alcohol beverages; (II) Serve alcohol
beverages for more than four hours in a twenty -four-hour period; (III) Serve alcohol beverages more than
twenty-four days per year”…“(c) (I) This section applies to a retail establishment that is: (A) An art
gallery”…”(c) (II) (C) (b) Upon initial application, and for each renewal, the applicant must list each day that
alcohol beverages will be served, which days must not be changed without a minimum of fifteen days'
written notice to the state and local licensing authority.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider this Retail Establishment Permit application. A public
hearing is required before final action is taken.
Applicant Name: Vail Valley Art Guild
Event Date: June 14, July 5, July 12, August 9, September 6 & 13, October 4,
November 1, December 6, 2024 and January 3, February 7, March 7,
April 4, and May 2, 2025.
5:00 p.m. – 8:00 p.m.
Location: 137 Benchmark Road #C2
Manager: Melissa Nelson
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Retail
Establishment Liquor Permit application for the Vail Valley Art Guild for the dates listed in the application.”
Thank you, Brenda
Page 2 of 2
RETAIL ESTABLISHMENT PERMIT APPLICATION ATTACHMENTS:
The Applicant for this permit has submitted the following materials:
✓ Attachment A: Application for a Retail Establishment Permit (State form DR 8459)
✓ Attachment B: Diagram
Attachment A
Attachment B
(970) 748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority FROM: Miguel Jauregui Casanueva, Town Clerk
RE: PUBLIC HEARING for New Retail Fermented Malt Beverage
and Wine License for Maverik, Inc d/b/a Maverik, Inc #689
DATE: May 14, 2023
SUMMARY: Maverik, Inc d/b/a Maverik, Inc #689, as the Applicant, is requesting a reclassification of its
existing Beer and Wine Liquor License approved on July 25, 2023.The Applicant submitted the appropriate
materials required by the State of Colorado Liquor Enforcement Division at that time, and they were found to
be complete, in order and are on file in the Town Clerk’s office.
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: Public Hearing will be hosted both in a
virtual format, using Zoom.us at Avon.org, and in person at Avon Town Hall – 100 Mikaela Way, Avon, Colorado.
Town Council acting as the Local Liquor Licensing Authority is asked to consider the liquor license application for
the following new Retail Fermented Malt Beverage and Wine (Off-Premises) License:
Applicant: Maverik, Inc d/b/a Maverik, Inc #689
Location: 240 Wagon Trail Road
Type: Retail Fermented Malt Beverage and Wine (Off-Premises) License
Owners: Crystal Maggelet, Charles Maggelet, and David Hancock
Manager: Jamina Plett
Action: LA Resolution No. 24-01
BACKGROUND:
On April 22, 2024, the Liquor Enforcement Division of the Department of Revenue conducted an audit of Maverick,
Inc #689 and determined that their Beer and Wine (City) Liquor License was issued under an incorrect class. They
noted that under their direction, Maverick received and filed a Colorado Liquor Retail License Application (Form DR
8404) when they should have received and filed a Retail Fermented Malt Beverage and Wine (Off-Premises)
License Application (Form DR 8403).
On April 25, 2024, Brittany Palomino, Office Manager in charge of Licensing at the Department of Revenue’s Liquor
Enforcement Division contacted Avon Town Clerk to advise of the need for Maverik, Inc #689 to obtain a new
liquor license under the correct class. Ms. Palomino and Avon Town Clerk reviewed Colorado Liquor Regulation
47-300 (Change in Class of License) which indicates a request for a change in the class of license that is held
should be considered new license application.
On April 26, 2024, Ms. Palomino, Avon Town Clerk and Ms. Utahna Archuleta, Licensing Manager for Maverick
Inc. met to discuss the process of reclassifying the liquor license for Maverik, Inc #689. Based on the totality of the
circumstances, Ms. Palomino recommended that the Department of Revenue’s Liquor Enforcement Division (i)
waive the State’s new license fee, (ii) waive the 30-day requirement to hold a hearing for a new license, (iii) allow
the materials included in the original liquor license application dated July 25, 2023 to be reused for this
reclassification, so long as there are no material changes, and (iv) allow for Maverik, Inc #689 to continue the
temporary sale of beer and wine until the process of liquor license reclassification is completed. Avon Town
Clerk also agreed with Ms. Palomino’s recommendations.
Page 2 btorres@avon.org
Avon Town Clerk met with Ms. Archuleta and verified that the “Report of Findings” for this application remains
unchanged from last approval, as submitted by the applicant on May 10, 2023. He also verified that the new license
application is complete, and public notice was posted on the premises, Town website, and published in the Vail
Daily.
A motion granting the application is proposed below. If the Authority is considering denial for grounds, the matter
should be set for additional hearing at which time those grounds may be answered by the applicant.
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) Liquor Licensing
Authority Resolution 24-01, Approving the application of Maverik, Inc d/b/a Maverik, Inc #689 for a New
Colorado Retail Fermented Malt Beverage and Wine (Off-Premises) License Application.”
Thank you, Miguel
NEW LIQUOR LICENSE APPLICATION ATTACHMENTS:
•Attachment A: Colorado Beer and Wine License Application (State form DR 8403)
•Attachment B: Resolution No. 24-01, Approving the application of Maverik, Inc d/b/a Maverik, Inc
#689 for a Colorado Retail Fermented Malt Beverage and Wine (Off-Premises) License.
•Attachment C: Addendum to Memo for New Liquor License Applications.
Attachment A
LA Resolution 23-01
July 25, 2023
Page 1 of 1
LIQUOR LICENSING AUTHORITY
TOWN OF AVON
RESOLUTION 24-01
A RESOLUTION APPROVING THE APPLICATION OF
MAVERIK, INC D/B/A MAVERIK, INC #689 FOR A NEW
RETAIL FERMENTED MALT BEVERAGE AND WINE
(OFF-PREMISES) LICENSE
WHEREAS, on May 10, 2023, the Liquor Licensing Authority of the Town of Avon (“the Authority”) did
receive and consider the application of Maverik, Inc. #689, whose address is 240 Wagon Trail Road, Avon,
Colorado, for a new Beer and Wine (City) License; and
WHEREAS, the Authority found that Notice of Application was published in the Vail Daily on July 14,
2023 and proof of publication by the publisher of the Vail Daily was received; and
WHEREAS, the Authority found that the application was in proper form and accompanied by the
necessary supplementary evidentiary matter required by law, the regulations of the State of Colorado and
the Authority; and
WHEREAS, the application was supported by the applicant’s presentation to the Authority and by a
petition containing 48 signatures in favor, 73% of total signatures; and
WHEREAS, the neighborhood to be served by the proposed licensee was determined to be in the Town
of Avon, including residents of the Town, persons working in the Town and visitors to the Town as stated in
TC Resolution No. 04-04 adopted on November 23, 2004; and
WHEREAS, on April 22, 2024, the Department of Revenue’s Liquor Enforcement Division conducted an
audit of Maverick, Inc #689 and determined it is necessary for Maverik, Inc #689 to apply for a
reclassification of its existing License; and
WHEREAS, on April 26, 2024, the Department of Revenue’s Liquor Enforcement Division and the Avon
Town Clerk agreed to (i) waive the State’s and Municipality’s new license fee, (ii) waive the 30-day
requirement to hold a hearing for a new license, (iii) allow the materials included in the original liquor
license application dated July 25, 2023 to be reused for this reclassification, and (iv) allow for Maverik, Inc
#689 to continue the temporary sale of beer and wine until the process of liquor license reclassification is
completed; and
WHEREAS, on April 30, 2024, Maverik, Inc. #689 submitted a new Retail Fermented Malt Beverage and
Wine (Off-Premises) License to reclassify and replace its existing new Beer and Wine (City) License; and
WHEREAS, the Authority found that Notice of Application was published in the Vail Daily on May 8, 2024
and proof of publication by the publisher of the Vail Daily was received.
NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DOES FIND:
1.The applicant is of good moral character and reputation.
Attachment B
LA Res. No. 24-01 Maverik.doc
Page 2 of 2
2. The neighborhood to be served by the applicant is the Town of Avon, including residents of the Town,
persons working in the Town and visitors to the Town.
3. There does exist a reasonable requirement in such neighborhood for the type of license for which
application is made.
4. The adult inhabitants of the Town desire that the license be granted.
ADOPTED THIS MAY 14, 2024 BY THE LOCAL LIQUOR AUTHORITY.
TOWN OF AVON, COLORADO
______________________________ ________________________________
Amy Phillips, Chairwoman Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT C
ADDENDUM TO MEMO FOR NEW LIQUOR LICENSE APPLICATIONS:
Background on the Role of Liquor Licensing Authority in Consideration of New Licenses:
The Avon Town Council acting as the Local Liquor Licensing Authority has the duty to conduct hearings and
make findings of fact as to whether to grant or deny a new local liquor license. The State Licensing Authority
cannot grant or issue any "new license" until the Authority has first approved the application by conducting a
hearing for such license. If the Authority denies the application, the Executive Director of the State of
Colorado cannot override its decision. If the Authority approves a license, the State Licensing Authority
cannot refuse to issue the license except upon hearing with a 15-day notice to the applicant and the Authority.
Once the state license is received by the Town Clerk's Office and the Certificate of Occupancy has been
received from the Building Department, the Town and State licenses can be issued.
The Town Clerk, Town Attorney and Police Department handle the review of the liquor license applications
administratively. A “Report of Findings” is completed by the Town Clerk & provided the applicants five days prior to
the hearing. The Authority members are provided the application materials when it appears on the Liquor Board
Agenda. A public hearing is conducted for all new applications. The Local Authority’s decision is usually given at
the conclusion of the hearing although it may be delayed. The decision must be given in writing within 30 days
after the date of the hearing and may follow in the form of a resolution. The motion to approve or disapprove
should be explicit stating the exact reasons for denial or approval. A motion to deny a license must be based
on evidence presented at the hearing.
The Liquor Code of Colorado provides that in making any decision, the Local Licensing Authority must consider the
following before approving or denying the application:
▪ Facts & evidence resulting from the investigation & any facts brought to the attention of the Authority.
▪ The reasonable requirements of the neighborhood
▪ The desires of the inhabitants of the neighborhood.
▪ The number, type and availability of liquor outlets located in or near the neighborhood under
consideration.
▪ Any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of
business proposed.
Requests for licenses may be denied for various reasons such as the applicant is not of good moral character,
the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is within 500 feet of any
school.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, APRIL 09, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in 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, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Chair
Amy Phillips. Board Vice Chair Tamra Underwood joined the meeting virtually at 5:32 p.m. Also
present were Deputy Town Manager Patty McKenny, Town Attorney Nina Williams, Chief
Administrative Officer Ineke de Jong, and Local Liquor Licensing Authority Secretary Miguel Jauregui
Casanueva.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:34
Without deliberations, Board Member Thuon motioned to approve the Liquor Licensing Authority
Agenda as presented. Board member Andrade seconded the motion. The motion was approved with
a 6-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:55
Chair Amy Phillips disclosed that her husband works part time at a local Liquor Store, and added she
believed it may give an appearance of a conflict of interest and would prefer for her fellow Board
Members to take a vote on it. She asked Town Attorney Williams to remind Board members on the
rules applicable to conflicts of interest. Upon taking a vote, Board Member Andrade reminded his
fellow Board Members that when he was a holder of a liquor license, the Board found he did not
have a conflict of interest. He voted against having Chair Phillips recusing herself. Board Members
Carroll, Thuon, Hardy, and Stanley voted in favor of having Chair Phillips recuse herself from Business
Item 5.1. Board Member Hardy nominated Board Member Carroll to preside over the meeting during
Business Item 5.1. Board Member Thuon seconded the motion. The motion was approved with a 6-
0 vote of those present.
4. PUBLIC COMMENT – COMMENTS A RE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:03:50
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.
5. PUBLIC HEARING FOR REPORT OF CHANGES -MODIFICATION OF PREMISES
Video Start Time: 00:04:21
5.1. Applicant Name: Dillon Companies LLC d/b/a City Market #26
Location: 0072 Beaver Creek Place
Type: Fermented Malt Beverage Off Premises (City)
Manager: Pavel Pavlov
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, APRIL 09, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 2
After Chair Phillips recused herself, Board Member Carroll introduced the public hearing as a
continuation of the hearing from March 12, 2024. Local Liquor Licensing Authority Secretary Jauregui
Casanueva reminded Councilors that an expanded premise modification is an opportunity to address
concerns over temporary displays and the Town has been working with Mr. Adam Stapen of the Law Firm
of Dill and Dill and Ms. Alina Brusilovsky, Merchandising Special Assignment Manager with King Soopers City
Market to curtail the use of temporary displays at City Market Store #26. Mr. Stapen and Ms.
Brusilovsky took the podium to present two revised diagrams of the store which contained greater
detail on the liquor displays and answered the Board’s questions. Town Attorney Nina Williams
explained the scope and factors of analysis that should be used by the Board in analyzing its decision.
Mr. Stapen offered that City Market and Town of Avon representatives have reached a compromise
to limit the number of temporary displays at the grocery store to two floating end caps only.
Board Member Carroll opened the floor of the public hearing and Peter Cuccia, Owner of Village
Warehouse Wines in Avon took the podium and mentioned that there are over 10,000 of bottles that
can get stored at the grocery store under the expanded premise modification they requested,
without counting the floating end caps, which he felt is unnecessary for a supermarket. No other
public comment was made in person nor virtually.
Board Member Thuon mentioned that it is a good door policy at night to lock the automatic entry
doors so that it is harder to steal alcohol. Board Member Andrade stated that as a person and a
resident of Avon, he would like to vote against this modification of premises, but it meets the
requirements for approval. Councilor Hardy stated that she too believes that there are too many
bottles of wine stored at the grocery store but legal criteria for the modification of premises is met.
Chair Carroll noted that a condition of the approval is the offer of City Market to limit its use of
temporary displays to two floating end caps only and asked when this will become effective and was
advised by Mr. Stapen and Ms. Brusilovsky that it will take effect by May 1, 2024.
Vice-Chair Underwood joined the meeting at 5:32 p.m. and abstained from voting on Business Item
5.1. given that she was not present for the entire public hearing.
Board Member Thuon moved to approve the Permanent Modification of Premises application made
by Dillon Companies LLC, d/b/a/ City Market #26, conditioned on limiting the use of temporary
displays to two floating end caps. Board member Hardy seconded the motion. The motion was
approved with a 5-0 vote of those present.
6. APPROVAL OF THE MINUTES FROM JANUARY 9, 2024 MEETING
Video Start Time: 00:34:25
After Chair Phillips rejoined the meeting, Board member Thuon motioned to approve the Minutes
from Tuesday, March 12, 2024, as presented. Board Member Hardy seconded the motion. The
motion was approved unanimously with a 7-0 vote.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, APRIL 09, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 3
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
8. ADJOURNMENT
The Avon Liquor Licensing Authority Meeting adjourned at 5:36 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting.
They are not intended to be comprehensive or to include each statement, person speaking or to portray
with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which
is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
____________________________________
Miguel Jauregui Casanueva, Authority Secretary
APPROVED:
Amy Phillips ___________________________________
Tamra Underwood
Ruth Stanley
Rich Carroll
Lindsay Hardy
RJ Andrade
Chico Thuon
(970) 748-4022 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Deputy Town Clerk
Date: May 7, 2024
Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS
SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background 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 Town Council. In all cases, the Town Clerk has the discretion to
refer the application to the Avon Town Council.
The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating
back to April 9, 2024, the Town has received 5 Renewal Applications that have met all the requirements for
administrative review and approval and were ultimately approved by the Deputy Town Clerk. No comments,
complaints, or request for hearings were received. They are as follows:
Renewals:
Applicant: Walmart INC d/b/a Walmart
Location: 171 Yoder Avenue
Type: Fermented Malt Beverage and Wine (City)
Manager: Sigrid Escalante
Applicant: D & D Inc. d/b/a Pho Bay
Location: 101 Fawcett Road #180 & #185, LCE #112
Type: Hotel & Restaurant (City)
Manager: Denny Duong
Applicant: Town of Avon d/b/a Town of Avon
Location: 100 Mikaela Way / 1 Lake Street
Type: Optional Premise
Manager: Danita Dempsey and Chelsea Van Winkle
Applicant: East West Resort LLC & Avon Riverfront LLC
d/b/a Westin Riverfront Resort & Spa
Location: 126 Riverfront Lane
Type: Resort Complex (City)
Manager: Brian Harrier
(970) 748-4022 btorres@avon.org
Applicant: Wills Investments VII LLC & 7 Eleven INC d/b/a 7 Eleven #34209B
Location: 8 Nottingham Road
Type: Fermented Malt Beverage and Wine (City)
Manager: Donald Wills
Thanks,
Brenda
Avon Town Council
May 14, 2024
ICON Awards
ERIC HEIL
TOWN MANAGER
Avon Town Council
May 14, 2024
The 2024 Colorado Event Alliance ICON Awards
Event celebrated Colorado’s best events and
honored those who go above and beyond in serving
our industry. The awards were given out April 23rd at
the Forney Museum of Transportation, celebrating
the 2023 calendar year achievements.
ICON Awards Overview
Avon Town Council
May 14, 2024
The Best Public Event, Fair or Festival category recognizes the creators of
remarkable public events that foster joy, cultural enrichment, and community, inviting all
to partake in the magic of shared experiences. From fairs that embrace local culture to
festivals that ignite global passions, this category encapsulates a broad spectrum of
public events, each leaving an indelible mark on the collective memory.
2023 Achievement Award Winner for
Best Public Event, Fair or Festival: Salute to the USA
Avon Town Council
May 14, 2024
Avon Town Council
May 14, 2024
THANK YOU!
OFFICIAL PROCLAMATION
HONORING SALUTE TO THE USA BEING AWARDED AS
COLORADO’S BEST PUBLIC EVENT, FAIR OR FESTIVAL OF 2023
WHEREAS, Avon hosted its first Salute to the USA on July 3rd 1978<?>, and 2023 marked the 37th
anniversary of this annual event – a celebration that's all about family, tradition, community, and pure
excitement! It is Avon’s premier signature event; and,
WHERAS, this event is well known statewide and is the single most important event that Avon hosts each
year. It is buzzing with kids’ activities like face painters, balloon sculptors, magicians, and even inflatable fun
houses that promise endless thrills as well as artful activations that create connection to arts and culture in
our community. In addition to incredible food options, you can stop by the Hahnewald Bar for a refreshing
ice-cold beverage. But the real magic happens when the artists hit the stage, in 2023 the opening band was
Jenny and Mexicats and the headlining band was Los Lonely Boys, they set the scene for a night of dancing
and singing that resonated through the entire community. And just when you thought it couldn't get any better,
brace yourselves for one of the biggest fireworks shows in Colorado, lighting up the night sky over Nottingham
Lake!; and,
WHEREAS, The Colorado Event Alliance (“CEA”), has revived the ICON Awards which celebrate the
achievements and contributions of our Colorado special events community. When applications opened to be
considered for an award, Kaleidoscope Production entered Salute to the USA in the Best Public Event, Fair
or Festival category and last month this event was awarded Colorado’s Best Public Event, Fair or Festival of
2023; and,
WHEREAS, It’s success depends upon the strong and professional teamwork of Avon’s Staff, working
efficiently and effectively and long days to bring joy to the community and to the greater region. Something
about the Teamwork and Partnership with Kaleidoscope; and,
WHEREAS, the Town of Avon, its Town Council, and its citizens wish to honor Avon’s signature event.
NOW, THEREFORE, we, the Town Council of the Town of Avon, Colorado, do hereby honor Salute to the
USA being awarded as Colorado’s Best Public Event, Fair or Festival of 2023 and we urge our community
and the broader region to join in the festivities on July 3rd 2024 as we celebrate the 38th annual Salute to
the USA.
PROCLAIMED THIS 14th day of May 2024
TOWN OF AVON
BY: ATTEST:
________________________________ ____________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Phillips and Avon Town Council Members
FROM: Chief Greg Daly and Deputy Chief Coby Cosper
RE: Wildland Fire Community Preparedness Month Proclamation, work session
regarding Town of Avon and Eagle River Fire Protection District preparedness,
upcoming evacuation exercise and historic and planned mitigation
DATE: May 14, 2024
SUMMARY: The Town of Avon, in collaboration with various governmental entities including Eagle County
Government, Eagle River Fire Protection District, Eagle County Wildfire Collaborative and Eagle Valley
Wildland, continues its concerted efforts towards Wildland Fire Community Preparedness.
At this work session, Chief Greg Daly and Deputy Chief Cosper will present on the evacuation
preparedness of the Town of Avon/Avon Police Department, including details of a scheduled exercise on
May 24. Chief Karl Bauer will discuss the preparedness initiatives of the Eagle River Fire Protection
District, while Battalion Chief Hugh Fairfield-Smith, Wildland Coordinator with Eagle Valley Wildland, will
provide updates on fire mitigation efforts within Avon and surrounding areas, along with plans for
Spring/Summer 2024.
Furthermore, a proclamation is sought from Mayor Philips and the Avon Town Council to declare May 2024
as Wildland Fire Preparedness Month. This proclamation will be supported by a joint resolution involving
the Board of Eagle County Commissioners, and other municipalities and fire protection districts in Eagle
County.
BACKGROUND: Wildfire community preparedness remains a significant focus for the Avon Town Council
and Town Staff. Councilor Thuon highlighted the year-round concern regarding Wildland Fire issues.
Recognizing the escalating challenges faced by the community in recent years, the Eagle County Wildfire
Collaborative has outlined five recommended tasks/actions for the com munity to undertake throughout
May, aiming to enhance preparedness. Further details on these initiatives are available at
www.ecemergency.org or at www.facebook.com/ECEmergency
Task 1 Sign Up
Be in the know and sign up for the Eagle County Alert system to receive the latest information about
wildfire incidents and evacuation notices. Subscribers can elect to receive
time-sensitive emergency messages to their phone, desktop and/or mobile device. Sign up here for EC
Alert.
*New* ReachWell App
Receive emergency alerts in 130+ languages with the County’s new app from ReachWell.
It is easy to sign up and you can begin receiving notifications right away:
1. Download the ReachWell app on your phone (Apple | Google)
2. Allow notifications
Page 2 of 3
3. Add Eagle County Alerts
4. Select your preferred language
Task 2 Check your insurance
Call your agent or insurance company this wildfire season to discuss your policy limits and to make sure
that your policy reflects the correct square footage and features in your home. If you are a renter, call your
renters insurance provider to confirm that your policy includes wildfire dama ges.
Task 3 Make a plan
Make a plan and complete your Emergency Checklist by determining your evacuation route and creating
an emergency supply kit with plans for
your 6 P's:
- People and pets
- Papers, phone numbers and important documents
- Prescriptions, vitamins, and eyeglasses
- Pictures and memorabilia
- Personal computers (information on hard drive and removable memory)
- Plastic (credit cards, debit cards) and cash
Task 4 Home assessment
Learn about wildfire safety and steps that you can take to reduce wildfire risk in and around your home by
signing up for a REALFire home assessment. These voluntary assessments are performed by trained fire
professionals and may qualify you for a cost-share assistance grant that will cover a portion of your
mitigation work.
To learn more and to submit an application, please visit realfire.net
Task 5 Preparedness Recap
Thank you for joining us in creating a more wildfire -prepared county. This month, you've followed critical
steps by signing up for EC Alert, moving firewood away from structures, making a plan that satisfies your
emergency checklist, and learning about how to create defensible space around your home with a
REALFire assessment. Congratulations, you are now Wildfire Ready!
Page 3 of 3
Additionally, the Town of Avon is currently working on the following Wildfire Community Preparedness
initiatives.
➢ Public Land Defensible Space: The Town of Avon's Public Operations department is allocating
$80,000 from the Capital Improvements Projects Fund (CIP) to the Eagle Valley Wildland/Eagle
River Fire Protection District. This funding aims to facilitate wildfire mitigation efforts, specifically
by creating fire breaks and defensible space on publicly owned land surrounding the Wildridge
Subdivision. An Intergovernmental Agreement has been established between the Town of Avon
and Eagle Valley Wildland for this purpose.
➢ Wildland Fire Evacuation Countywide Zone Mapping: Avon Police Department has
collaborated with all fire departments/districts and first responder agencies throughout Eagle
County to develop consistent zone mapping for use during evacuations. These maps segment
subdivisions into smaller sectors, facilitating pre -evacuation or evacuation notices and ensuring all
first responders have access to crucial information.
➢ Emergency Siren Alerting System: A project involving the installation of five emergency sirens
equipped with battery packs has been successfully completed. These sirens, powered
independently by 120v electrical supply, are tested monthly from May to October. Activation can
be initiated simultaneously from the dispatch center or via handheld radios at the police
department.
➢ Secondary Evacuation Route Planning and Implementation: Significant progress has been
made on this project under the leadership of the Town of Avon Community Development
Department. Scheduled construction this spring will convert a previous roadway, now a walking
pathway, into a secondary evacuation route for the Singletree area. Collaboration with various
entities, including the Berry Creek Metro District, Singletree Homeowners Association, Eagle
County Government, and emergency response agencies, ensures minimal environmental impact
while enhancing wildfire evacuation capabilities.
➢ Eagle County Community Wildfire Protection Plan: The plan, dated December 2023, outlines
comprehensive strategies for wildfire protection and mitigation efforts across Eagle County.
https://drive.google.com/file/d/18bTybWXc1JlO6t_pTEKEuMa0TXGtSjQ3/view?pli=1
➢ Town of Avon Annual Wildridge Wildland Fire Emergency Evacuation Exercise: Scheduled
for May 24, this multi-agency evacuation exercise coordinated by the Avon Police Department will
involve the testing of various evacuation notification tools, including sirens, EC Alert, IPAWS, radio
stations, reverse 911, and door-to-door notifications. Unified command protocols will be practiced
at the Avon Police Department, with participation from twenty community partners.
TOWN MANAGER COMMENTS:
Thank you, Chief Greg Daly and Deputy Chief Cosper
ATTACHMENT A: Town of Avon Wildland Fire Preparedness Month Proclamation
ATTACHMENT B: Eagle Board of County Commissioners Joint Resolution
###
Resolution Form – 2024
May 14, 2024
Page 1 of 1
PROCLAMATION
PROCLAIMING MAY AS WILDFIRE PREPAREDNESS
MONTH IN THE TOWN OF AVON
WHEREAS, the State of Colorado has witnessed a significant increase in the frequency and
magnitude of wildfires, with twenty of the largest wildfires occurring within the last twenty
years, and four out of the five largest fires in state history happening within th e last five years,
including the most destructive fire in state history just over two years ago; and,
WHEREAS, the convergence of warmer temperatures, prolonged drought conditions, and
ongoing development in the wildland-urban interface has elevated the imperative of wildfire
mitigation as a primary concern for Eagle County and its surrounding jurisdictions; and,
WHEREAS, the observance of Wildfire Preparedness Month aims to galvanize community
efforts toward enhancing wildfire awareness, fostering proactive engagement in wildfire safety
practices, and implementing measures to mitigate wildfire risks within residential and wilderness
areas; and,
WHEREAS, the collective adoption of wildfire mitigation strategies fosters cohesion and
resilience among the communities of the Town of Avon and Eagle County, forging a shared
commitment to fostering fire-adapted environments; and,
WHEREAS, the Avon Town Council recognizes that the promotion of wildfire awareness and
preparedness is paramount to safeguarding the health, safety, and overall welfare of the Avon
community, and deems it fitting to align with the Eagle Board of County Commissioner s in
affirming May 2024 as Wildfire Preparedness Month;
NOW, THEREFORE, BE IT PROCLAIMED BY THE TOWN OF AVON that the Avon
Town Council, in recognition of the urgency and importance of wildfire preparedness, hereby
designates May 2024 as Wildfire Preparedness Month in the Town of Avon.
DONE this fourteenth day of May, in the year two thousand twenty-four.
NOW, THEREFORE, BE IT PROCLAIMED BY THE TOWN OF AVON that the Avon
Town Council hereby declares May 2024 is Wildfire Preparedness Month in the Town of Avon.
ADOPTED MAY 14, 2024, by the AVON TOWN COUNCIL
By: Attest: ___________________________
Amy Philips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT A
Commissioner ___________________________________ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2024 - _________
A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWNS OF GYPSUM,
MINTURN, EAGLE, REDCLIFF, AVON AND VAIL, PROCLAIMING MAY 2024 AS
WILDFIRE PREPAREDNESS MONTH
WHEREAS, twenty of Colorado’s largest wildfires have occurred within the last twenty
years. Four out of the five largest fires in state history have occurred within the last four years,
including the most destructive fire in state history just a year and a half ago; and
WHEREAS, warmer temperatures, drought, and continued development in the wildland-
urban interface have made wildfire mitigation a top priority for Eagle County and surrounding
jurisdictions; and
WHEREAS, Eagle County (the “County”), the Towns of Gypsum, Minturn, Eagle,
Redcliff, Avon, and Vail (the “Towns”), and the Fire Districts of Gypsum, Eagle River, Greater
Eagle, Rock Creek, and Vail (the "Fire Districts") have determined that they share the common
goals of wildfire risk reduction, wildfire preparedness, and public education; and that
collaboration in these areas will lead to unified and fire-adapted communities throughout Eagle
County and surrounding areas; and
WHEREAS, Wildfire Preparedness Month is focused on encouraging residents to learn
about wildfire safety and take steps to reduce wildfire risk in and around their homes ; and
WHEREAS, the undersigned desire to join in support of Wildfire Preparedness Month
and to designate May 2024 as Wildfire Preparedness Month in Eagle County, the participating
Towns, and the participating Fire Districts.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO AND
THE TOWN OF GYPSUM, MINTURN, EAGLE, REDCLIFF, AVON AND VAIL, by and
through their governing bodies:
THAT, May 2024 is hereby designated as Wildfire Preparedness Month in the County
and in the Towns.
THAT, the County and the Towns hereby find, determine, and declare that this
Resolution is necessary for the safety, welfare, and resilience for their respective residents.
ATTACHMENT B
2
MOVED, READ AND ADOPTED by the undersigned on the dates set forth hereunder.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
____________________________ By: ______________________________
Clerk to the Board of Matt Scherr
County Commissioners Chair
______________________________
Kathy Chandler-Henry
Commissioner
____________________________
Jeanne McQueeney
Commissioner
Commissioner ____________________ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney ______________
Commissioner Chandler-Henry ______________
Commissioner Scherr ______________
This resolution passed by __________________ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
ATTEST: TOWN OF GYPSUM, COLORADO
________________________ By: ___________________________________
Becky Close, Town Clerk Steve Carver, Mayor
3
ATTEST: TOWN OF MINTURN, COLORADO
________________________ By: ___________________________________
Jay Brunvand, Town Clerk Earle Bidez, Mayor
ATTEST: TOWN OF EAGLE, COLORADO
________________________ By: ___________________________________
Jenny Rakow, Town Clerk Scott Turnipseed, Mayor
ATTEST: TOWN OF REDCLIFF, COLORADO
________________________ By: ___________________________________
Melissa Mathews, Town Clerk Duke Gerber, Mayor
ATTEST: TOWN OF AVON, COLORADO
________________________ By: ___________________________________
Miguel Jauregui Casanueva, Town Clerk Amy Philips, Mayor
ATTEST: TOWN OF VAIL, COLORADO
________________________ By: ___________________________________
Stephanie Bibbens, Town Clerk Kim Langmaid, Mayor
Eagle River Fire Protection District
By: ___________________________________
Name:
Greater Eagle Fire Protection District
4
By: ___________________________________
Name:
Rock Creek Volunteer Fire District
By: ___________________________________
Name:
Gypsum Fire Protection District
By: ___________________________________
Name:
Vail Fire and Emergency Services
By: ___________________________________
Name:
1
TO: Honorable Mayor Phillips and Council Members FROM: Chase Simmons, Financial Analyst
RE: Real Estate Transfer Tax Exemption Increases
DATE: May 6, 2024
SUMMARY: This report presents to Council information on the Town’s Real Estate Transfer Tax (“RETT”)
Exemption for Primary Residences along with options for revising to increase the exemption. The Primary
Residence Exemptions are set forth in Avon Municipal Code (“AMC”) sections 3.12.060.(17), (18) and (19).
Since the last revisions to the Primary Residence RETT Exemptions, real estate prices have increased
dramatically. Council provided direction to Staff to prepare options for Council consideration. Staff
presents the following revisions to increase the RETT exemption for primary residence purchasers.
1. Increase Section (17) and (18) exemptions from $160,000 to $320,000. This equates to a
maximum tax exemption increase from $3,200 to $6,400.
2. Increase Section (19) exemption from $240,000 to $500,000. This equates to a maximum tax
exemption increase from $4,800 to $10,000m.
3. Increase the maximum sales price qualifying for a Section (19) exemption from $700,000 to
$1,200,000.
BACKGROUND: Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14,
which provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon.
Then Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption
for primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption
was only available to a person who met the definition of an “Eagle County Employee”. This change was
intended to support working full-time residents who currently owned a primary residence in Avon but
desired to purchase a larger residence to reflect residential needs and preferences during various life
stages. In 2019, Council adopted AMC Section 3.12.060(19) by Ordinance 19-05 establishing a third
primary residence exemption in the amount of $240,000. Ordinance 19-05 also renumbered the Primary
Residence Exemptions to (17), (18) and (19). The section (19) exemption requires the purchaser to commit
to using the property as a primary residence for three years, as opposed to the one year primary residence
requirement for Section (17) and (18) exemptions. Section (19) also caps the purchase price of the home at
$700,000. Since 2018, the Town has approved 190 primary residence exemptions. However, this number
is trending down on a year over year basis. [2018 = 54; 2019=46; 2020=22; 2021=33; 2022=25; 2023=10].
Only 11 of the approved exemptions elected the Section (19) exemption since it was adopted in 2019.
Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County
Employee and Primary Residence as follows:
Eagle County employee means an employee working in Eagle County who works an average of at least
thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and
earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a
minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an
annual basis.
Primary residence means the occupation and use of a residence as the primary residence, which shall be
determined by the Town Manager by taking into account the following circumstances: voter registration in
Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place);
stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle
2
registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for
income and tax purposes. Occupation and use of a residence as a primary residence must occur within
thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of
an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's
discretion and provided that such extension request is included with the applicant's application for
exemption.
TABOR IMPLICATIONS: The Tax Payor Bill of Rights (TABOR) amended the Colorado Constitution in
1992 and prohibited any new or increased real estate transfer tax. Any increase of the primary residence
exemption would become permanent and could not be repealed or diminished by Council at a later date. It
is possible to draft an increased exemption for primary residences as a “temporary tax credit”; however,
that would make the wording even more complicated and is not suggested.
FINANCIAL CONSIDERATIONS: The RETT has generated an average of $6.45 million annually since
2020. In 2023, RETT revenue and tax exemption were $6.53 million and $33,600, respectively. The
proposed revisions would have decreased revenue by $34,000 or 0.5% over that period.
$170,052
$144,337
$81,200
$108,650
$80,300
$33,600
$340,104
$288,674
$166,000
$218,100
$161,000
$67,600
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2018 2019 2020 2021 2022 2023
Actual vs Proposed Primary RETT Exemption
Actual Exemption Amount Proposed Exemption Amount
3
OPTIONS: Staff ask for directions on each revision noted below to increase the RETT exemption for
primary residence purchasers. An ordinance would be drafted to amend the Code to accommodate the
Council’s direction.
1. Increase Section (17) and (18) exemptions from $160,000 to $320,000. This equates to a
maximum tax exemption increase from $3,200 to $6,400.
2. Increase Section (19) exemption from $240,000 to $500,000. This equates to a maximum tax
exemption increase from $4,800 to $10,000m.
3. Increase the maximum sales price qualifying for a Section (19) exemption from $700,000 to
$1,200,000.
Thank you,
Chase
$2,957,996
$4,998,293
$5,976,990
$7,348,714
$5,943,400
$6,529,287
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
2018 2019 2020 2021 2022 2023
Total RETT Revenue
Community Housing Update May 9, 2024
Page 1 of 10
TO: Honorable Mayor Amy Phillips and Council members FROM: Patti Liermann, Housing Planner and Eric Heil, Town Manager
RE: Comprehensive Community Housing Update
DATE: May 10, 2024
SUMMARY: This report provides a comprehensive update on Community Housing efforts in the Town of
Avon. This update includes the status of Community Housing projects and update on Community Housing
programs. Staff previously presented a comprehensive Community Housing Conceptual Plan at the
January 23rd, 2024 Council meeting.
Council direction is requested for the following projects and programs:
1. Whether to proceed with approximately $12,000-$15,000 of design work for Avondale
Apartments in order to submit an application for design review to the Village Design Review
Board;
2. Whether to prepare a draft Request for Proposal for Council review of the Slopeside
property;
3. Whether to approve a pilot partnership program with Eagle County Housing & Development
Authority to increase the Good Deeds buy-down program within the Town of Avon;
4. Whether to approve a pilot partnership program with Eagle County Housing & Development
Authority to extend Mi Casa Avon to Eagle-Vail (i.e. Mi Casa Eagle-Vail).
Each of these projects and programs is discussed in more detail below. This Report also includes an
update on the status of a several projects and programs which are pending.
BACKGROUND: Deed restricted housing programs have existed in the Town of Avon (“Town”) since the
early 1990’s, however, demand for affordable housing has exponentially increased in the post-pandemic
era. Avon Town Council (“Council”) has prioritized Community Housing in their strategic plan and the
Town is employing multiple strategies including development of new units, conversion of existing free
market units to deed restricted, establishment of consistent funding sources, and creation of an employee
housing program that will also address staff attraction and retention rates.
In 2020, Council approved Mi Casa Avon, a buy-down program that allows buyers to select the home of
their choice and add a deed restriction in exchange for cash at closing. In 2023, Staff identified available
lots for potential (re)development as Community Housing Opportunities, the Avon Community Housing
Policies were replaced, and an Employee Housing Plan was introduced.
This report presents to Council the status of identified Community Housing Opportunities and proposes
expansion of current Community Housing Programs and Funding Sources. The Employee Housing
Program will be discussed in a separate Agenda item.
As identification and viability of potential new Community Housing development projects and programs are
considered, staff looks for direction from Council on prioritization of projects and approval of funding.
Community Housing Update May 9, 2024
Page 2 of 10
COMMUNITY HOUSING PROJECTS: See description of each project below the table:
PROJECT NAME LOCATION PROJECT SUMMARY UNITS EST STATUS* COSTS AMI
Town-owned Land
1 Avondale
Apartments
375 Yoder
Ave
Located on Yoder next to Home
Depot, a mix of 1 and 2 bedroom
units dedicated to government or
quasi-government employees
42 Step 9 -
On Hold $27M - $35M 80 - 120%
2 Slopeside (3.5
acres)
Swift Gulch
Road
Parallel to Swift Gulch Rd near
roundabout 1 88 Steps 3
& 4 TBD 80 - 120%
3 East Avon
Preserve
Wagon
Trail Road
Contiguous to Planning Area J of
the Village at Avon 80 Step 2 TBD 120 - 140%
(anticipated)
4 Wildwood Annex Wildwood
Rd
Wildwood Road. Units for Town
of Avon Employees 8 Step 1 $2-4M 80 - 160%
(anticipated)
5 Village (at Avon)
PA-E & Lot 8
4468 E.
Beaver
Creek Blvd.
Village (at Avon) PUD
Amendment Application Pending 48 Step 1 $8-12M 120 - 140%
(anticipated)
6 Lot 16,
Benchmark Plat No Action, property to be held in
reserve per Council direction 16 NA TBD TBD
Privately-owned Projects
7
Hidden Valley
Estates (aka
Tract Y)
382 Metcalf
Road
Located on Metcalf, a mix of
townhomes and duplexes 52 Step 10 $600K initial
appropriation
160 - 200%
(anticipated)
8 State Land Board Hwy 6
97 acres – large scale, mixed
project type with neighborhood
commercial, parks, open space
700 Step 2 TBD 60 - 200%
9
Lot 30,
Benchmark (0.5
ac - "Grow Lot")
Nottingham
Road Nottingham Rd, a vacant lot 10 Step 1 $2-4M TBD
10
Nottingham Road
(1 acre -"Pavelich
Lots")
Nottingham
Road
Across from Northside,
coordinating conceptual planning
with Owner
40 Step 1 $8-12M TBD
11
Redevelopment
of Sun Road &
East Avon
Sun Road
and East
Avon
Redevelopment Sub-Area
Planning Process pending 500 Step 1 TBD TBD
12 Village (at Avon) Village (at
Avon)
Remaining Community Housing
Obligation (256-48) 208 Step 2 TBD 80 - 140%
13 Redevelopment
Elk/Bear/Wolf Lot
West Avon
Hwy 6 3 Mile Planning Process starting 240 Step 1 TBD TBD
14 Eagle-Vail
Commercial Hwy 6 3 Mile Planning Process starting 300 Step 1 TBD TBD
TOTAL 2,332 *See Community Housing Development Steps on the following page
Community Housing Update May 9, 2024
Page 3 of 10
COMMUNITY HOUSING DEVELOPMENT STEPS: The development of Community Housing involves
several steps, which are described as follows:
1. Identification of land suitable for a Community Housing Project.
2. Zoning (or Rezoning)
3. Determination of Ownership and Initial Partners (i.e. public or private).
4. Determining whether to proceed as public development project or post Request for Proposal for
private developers.
5. Apply for Grant Funding for design, infrastructure and/or construction.
6. Conceptual Design of Housing Project to determine density, layout and feasibility.
7. Determination of specific housing type and goals (rent versus own, unit size, target AMI levels).
8. Establishing development team (architect, owners representative, contract – if a public project, or
selecting developer if private project).
9. Securing financing and finalizing development agreements and deed restrictions.
10. Overseeing or administering construction of project.
11. Construction completion and sale or leasing per Avon Community Housing Policies or per terms
with private developer.
Projects on Town Owned Land:
1. Avondale Apartments: This project is designed for up to 48 total apartments on Lot 5, Village (at
Avon), PF-1 (2.5 acres immediately east of Home Depot). An amendment to the Village (at Avon)
Planned Unit Development (“PUD”) Guide is required to expressly allow employee housing on this
parcel. This project would be owned by the Town of Avon and the permitted use would be limited to
rental to governmental employees. The Town of Avon is a co-applicant with Traer Creek LLC. Town
Staff and Traer Creek LLC are reviewing draft materials for this PUD Amendment. Town Staff and
Traer Creek LLC anticipate that the review by the Avon Planning and Zoning Commission will
commence in June.
The Town’s architects, Site Architect, have estimated that the additional work to prepare an
application to the Village Design Review would be $12,000-$15,000. Staff is recommending to
proceed with this work due the time frame required to prepare the materials and proceed through the
Village Design Review Board process (estimated at 4-6 months total). Although this project is
dependent on the Village PUD Amendment, the design cost is very small compared to the overall
project costs.
Council direction is requested on whether to proceed with additional design work in order to
submit an application to the Village Design Review Board.
Community Housing Update May 9, 2024
Page 4 of 10
2. Slopeside: Council took action to rezone the 3.5 acre Slopeside area to Community Housing High
Density-1. Staff has previously suggested that a Request for Proposal approach is likely to be the
most efficient where the Town solicits private developers to construct an apartment project to Town’s
parameters. This approach was used by the Town of Vail for the West Middle Creek project and is
currently being used by the State Land Board for Phase I of its project. The next step for this project
would be for Staff to prepare a Draft Request for Proposal to Council review and direction. The Draft
Request for Proposal would include a general vision and goal for this housing development, minimum
architectural goals and requirements, a description or range of desired product type and the desired
Area Median Income (“AMI”) level that is desired. Staff has assembled a considerable list of private
housing developers who have indicated interest in developing Community Housing projects in the
Town of Avon.
Council direction is requested on whether Staff should prepare a DRAFT Request for
Proposal for Council review at a future work session.
3. East Avon Preserve: East Avon Preserve is an approximate six acre site to the east of the end of
the Wagon Trail Rd. cul-du-sac. Staff is currently processing a rezoning application to change the
zoning of this area to Community Housing Medium Density. This land area cannot be developed
until another water storage tank is constructed higher up the hill in the Village (at Avon). Adoption of
the zoning will allow Staff to proceed with application to allocate water to serve this parcel and apply
for potential grant funding for infrastructure improvements to serve housing.
No Council direction is requested at this time for this project.
4. Wildwood Annex: The Wildwood Annex is the three bay garage uphill and east of the Wildwood
neighborhood. The permitted uses for this property include “municipal facilities”. Staff is ordering a
site survey and soils tests to assist with conceptual plan design for 4-8 townhomes. This
development would be owned by the Town and would be made available to rent to Town of Avon
employees as a municipal facility.
No Council direction is requested at this time for this project.
5. Early Childhood Education Project: This project involves the construction of an early childhood
education school and up to 48 units of Community Housing on Planning Area E (3.5 acres) and Lot 8
(.5 acres) immediately south of Piedmont Apartments. The early childhood education school is
planned to be financed and constructed by Vail Valley Foundation (“VVF”). Town Staff and VVF are
coordinating grant funding requests, including a request through Representative Joe Neguse’s office
for a Congressionally Designated Appropriation.
VVF is moving forward with designs for only the ground floor school and is not including designs for
two floors of housing above the school. This change is a result of VVF’s timeframe to complete a
school, which is required in part of state grant fund requirements (approximately $350K in grants). A
Village (at Avon) PUD amendment is not required for VVF to proceed with the project. VVF is
preparing materials to submit the Village Design Review board.
The Village (at Avon) PUD amendment will still include the ability to construct up to 48 units of
Community Housing.
No Council direction is requested at this time for this project.
6. Lot 16, Benchmark Plat: Lot 16, Benchmark Plat is currently zoned for high density residential.
This parcel includes the north parking lot for Harry A. Nottingham Park. Council provided direction to
Community Housing Update May 9, 2024
Page 5 of 10
not change the zoning of this parcel to park and to not take further action at this time to pursue a
potential Community Housing project on this parcel.
No Council direction is requested at this time for this project.
Projects on 3rd Party Land:
7. Hidden Valley Estates: Council approved a development plan and development agreement for 52
townhomes and duplexes on this property. Council also approved an appropriation of $600K to
assist with the first six purchases of units by the eligible buyers with a process that follows the Mi
Casa Avon program.
8. State Land Board: The State Land Board has submitted a petition for annexation. Staff is currently
reviewing a draft Annexation and Development Agreement to include details on required
infrastructure, park land dedications and improvements, and other details. The State Land Board has
met with Eagle County Board of County Commissioners to request allocation of 16 acre feet of water
from the water from housing water dedication. The following Area Median Income mix was
suggested to State Land Board, which State Land Board supports and which was presented to Eagle
County BoCC. Staff anticipates a complete application will start the public review process in July.
State Land Board Area Median Income Pricing Mix
9. Lot 30, Nottingham Road: Staff has contacted the owner of this .5 acre parcel to encourage
consideration of a Community Housing project. The owner has indicated interest but no next steps
have been taken yet.
10. Nottingham Road TBD: Staff has contacted the owner of this 1.0 acre parcel to encourage
consideration of a Community Housing project. The owner has indicated interest and has engaged
an architect to assist with conceptual planning. Staff is providing guidance on process for potential
rezoning and development bonuses to support a Community Housing rental project at this location.
11. Redevelopment of Sun Road & East Avon: The Town retained DTJ consultants to assist with
creating Redevelopment Sub-Area plans for the Sun Road area and the East Town Center District
area. This planning process is currently active. The Avon Downtown Development Authority
(“DDA”) Board of Directors is actively involved in this project. An initial joint meeting with the Avon
DDA and the Avon Planning and Zoning Commission was held on April 22, 2024.
12. Village (at Avon) Remaining Affordable Housing: The Village (at Avon) is required to provide
another 256 units of affordable housing. We anticipate that up to 48 units may be constructed on the
west side of the Early Childhood Education parcels.
AMI Category Percentage Units
Rent Capped: 60% AMI 3% 21
Rent Capped: 80% AMI – For Sale: 120% AMI 28% 196
Rent Capped: 100% AMI – For Sale: 140% AMI 25% 175
Rent Capped: 120% AMI – For Sale: 160% AMI 25% 175
Resident Occupied (Rent or For Sale) – No Rent or Price Cap 20% 140
Community Housing Update May 9, 2024
Page 6 of 10
13. Redevelopment of Elk, Bear, Wolf Lots: The Town retained Zehren and Associates to conduct a
three-mile planning process to consider the potential redevelopment of these lots to add housing to
the current parking. Staff is coordinating with Beaver Creek Resort and Beaver Creek Metropolitan
District for the process. Staff expects to begin the public process in June or July.
14. Eagle-Vail Commercial: The Town retained Zehren and Associates to conduct a three-mile planning
process to consider the potential redevelopment of these lots to add housing to the current parking.
Staff is coordinating with Eagle-Vail Metropolitan District for the process. Staff expects to begin the
public process in June or July.
FINANCIAL INFORMATION: The Town has allocated $1,644,000 in the 2024 Budget for the planning of
future potential housing projects. The following table shows the funds available and the potential projects:
COMMUNITY HOUSING PROGRAMS: Staff is proposing two new pilot partnerships with Eagle County
Housing & Development Authority (“ECHDA”). These two programs include (1) partnering on the Eagle
County Good Deeds program within the Town of Avon to increase the buy-down to 30%, and (2) partnering
with Eagle County to extend the Mi Casa Avon program to Eagle-Vail with Town of Avon and Eagle County
sharing the costs 50/50. A third buy-down program for Town employees only will be presented in the next
Agenda item.
Each of these buy-down programs will be funded from the original Mi Casa Avon fund on a first come, first
serve basis..
1. Good Deeds: This Price Capped deed restriction is a proposed partnership with ECHDA. This
program is subject to approval by Eagle County. This pilot partnership is proposed with the
following details:
a. Area: Town of Avon only
b. Buy-down contribution total is 30% (15%/15% from each entity)
c. Maximum Purchase Price is $850,000
d. Use the Eagle County Good Deeds deed restriction form. Town of Avon named as a
beneficiary, second to ECHDA
e. Program administration through ECHDA
PROJECT
BUDGET
AMOUNT
East Parcels 50,000$
Lot 5 Employee Housing - Design 1,000,000
Eagle County Regional Housing Action Plan 224,000
Potential Housing Projects 200,000
Early Childhood - Three Bears (Dancing)140,000
State Land Board Housing Developmnet 30,000
Total Projects Budgeted 1,644,000$
Community Housing Update May 9, 2024
Page 7 of 10
2. Mi Casa Eagle-Vail: This Resident Occupied deed restriction is a proposed partnership with
ECHDA to extend the Mi Casa Avon program to Eagle-Vail. This program is subject to approval by
Eagle County.
a. Area: Eagle-Vail
b. Buy-down contribution total is 12% (6%/6% from each entity)
c. No maximum purchase price
d. No income restriction
e. Use Town of Avon’s Mi Casa Eagle-Vail deed restriction form (attached as an exhibit).
ECHDA named as a beneficiary, second to Town of Avon
f. Program administration through Town of Avon
FINANCIAL: Staff recommends allocating the remaining $1,616,758 for all three (3) buy-down programs
available to the general public.
The Total Average Program Contribution for Mi Casa Avon is $68,215. A partnership means the Town’s
contribution remains between 6% and 15% of a home’s purchase price. With $1,616,758 in remaining
available funds for 2024, Staff anticipates there is enough in the fund balance for approximately 16
additional units by Year End. Staff is optimistic the fund will be spent and will return to Council if/when
additional funds are needed to continue the programs.
Mi Casa Avon Program and Contribution Totals and Averages
Mi Casa Avon 2024 Budget
Purchase Price Contribution
2024 Total 2,165,000$ 257,800$
2024 Average 721,667$ 85,933$
Program Total 24,761,350$ 2,933,242$
Program Average 575,845$ 68,215$
1,874,558$ 100%
257,800$ 14%
-$ 0.0%
Funds Remaining 1,616,758$ 86.2%
Newly requested funds -$ 0.0%
Total Funds Remaining 1,616,758$ 86.2%
Total Funds 2024
Funds Awarded 2024
Funds pending transaction 2024
Community Housing Update May 9, 2024
Page 8 of 10
Mi Casa Avon Annual Use
Council direction is requested on whether to proceed with a new cost sharing partnership for
Community Housing Programs with Eagle County Housing & Development Authority for Good
Deeds Avon and Mi Casa Eagle-Vail.
TOWN MANAGER RECOMMENDATION: I view both of these pilot partnership programs as a great
opportunity to partner with Eagle County and enhance the buyer assistance offerings in Avon and Eagle-
Vail. The results from this pilot partnership will provide valuable information to assess the potential to scale
up this partnership to increase the number of deed restrictions executed each year. The pending Eagle
County Regional Housing Action Plan project is expected to provide more data on needs for income levels,
housing type and preferred areas by mid-summer, which will be informative and relevant for evaluation of
this pilot partnership.
If Council supports proceeding with these pilot partnerships, then Staff proposes that the Program
Guidelines and the Deed Restriction form would be subject to review by the Town Attorney, Town Manager,
Mayor, Mayor Pro Tem, and Housing Planner. Staff believes we can implement this program and offer it to
the public by July.
Staff requests motions to provide direction on Avondale Apartments design work, Slopeside Request for
Proposal and the two pilot partnership projects with ECHDA.
Thank you, Patti
2020 2021 2022 2023 2024
Unit Count 8 13 16 3 3
Total Contribuion $464,760 $847,222 $1,164,260 $199,200 $257,800
Average Contribution $58,095 $65,171 $72,766 $66,400 $85,933
$464,760
$847,222
$1,164,260
$199,200 $257,800
$58,095 $65,171 $72,766 $66,400
$85,933
0
200000
400000
600000
800000
1000000
1200000
1400000
Mi Casa Avon (Resident Occupied)
Total Contribuion Average Contribution
8
13
16
3 3
Community Housing Update May 9, 2024
Page 9 of 10
APPENDIX:
Sample Mi Casa Avon & Good Deeds buy-downs
Mi Casa Avon
Resident Occupied
12% TOA
Good Deeds Avon
Price Capped
15% ECHDA/15% TOA
Mi Casa Eagle-Vail
Resident Occupied
6% TOA/6% ECHDA
Sale Price $850,000 $850,000 $850,000
TOA Contribution $100,000 $127,500 $50,000
ECHDA Contribution $0 $127,500 ($255k total) $50,000 ($100k total)
3% Buyer Min $25,500 $25,500 $25,500
Mortgage Amt $724,500 $569,500 $724,500
Mi Casa Avon
Resident Occupied
12% TOA
Good Deeds Avon
Price Capped
15% ECHDA/15% TOA
Mi Casa Eagle-Vail
Resident Occupied
6% TOA/6% ECHDA
Sale Price $650,000 $650,000 $650,000
TOA Contribution $78,000 $97,500 $39,000
ECHDA Contribution $0 $97,500 ($195k total) $39,000 ($78k total)
3% Buyer Min $19,500 $19,500 $19,500
Mortgage Amt $552,500 $435,500 $552,500
Community Housing Update May 9, 2024
Page 10 of 10
Sample Maximum Sales Price Calculation (“MSP”)
3% appreciation, simple Interest
Today's Date:
Original Purchase 650,000$
Contribution 195,000$ Purchase Date:
New Base Price 455,000$
-$
Calculate the
Appreciation Year
Resale
Purchase
Price
% Increase in
Wages* Appreciation
Months Per
Year Adjusted Price
1-May-24 455,000$ 3.000% 7,963$ 7
1-May-25 455,000$ 3.000% 13,650$ 12
1-May-26 455,000$ 3.000% 13,650$ 12
1-May-27 455,000$ 3.000% 13,650$ 12
1-May-28 455,000$ 3.000% 13,650$ 12
1-May-29 455,000$ 3.000% 13,650$ 12
1-May-30 455,000$ 3.000% 13,650$ 12
1-May-31 455,000$ 3.000% 13,650$ 12
1-May-32 455,000$ 3.000% 13,650$ 12
1-May-33 455,000$ 3.000% 13,650$ 12
1-May-34 455,000$ 3.000% 13,650$ 12
1-May-35 455,000$ 3.000% 13,650$ 12
1-May-36 455,000$ 3.000% 13,650$ 12
1-May-37 455,000$ 3.000% 13,650$ 12
1-May-38 455,000$ 3.000% 13,650$ 12
1-May-39 455,000$ 3.000% 13,650$ 12
1-May-40 455,000$ 3.000% 13,650$ 12
1-May-41 455,000$ 3.000% 13,650$ 12
1-May-42 455,000$ 3.000% 13,650$ 12
1-May-43 455,000$ 3.000% 13,650$ 12
1-May-44 455,000$ 3.000% 13,650$ 12
Total Appreciation 280,963$ 735,963$
Permitted Capital
Improvements
(PCI)Allowable PCI Year Approved PCI
Remaining
PCI until
Date PCI
resets
45,500$ 43,000$
5 YR: range, hood vent Nov-21 1,875$ 75%2,500$
1st Term PCI 1,875$
45,500$ -$
-$ -$
-$ -$
Total PCI:1,875$
Maximum Resale
Price
Appreciated
Value Approved PCI
Maximum
Resale Price
735,963$ +1,875$ =737,838$
2% to defray cos 14,757$
Maximum Resale Price 752,594$
June 2, 2029
June 2, 2034
June 3, 2039
May 1, 2024
May 1, 2024
June 1, 2024
970-748-4091 pliermann@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Patti Liermann, Housing Planner
RE: Town of Avon Employee Housing Programs
DATE: May 9, 2024
SUMMARY: This report is a follow-up to the Town of Avon Employee Housing Plan presented to Town
Council (“Council”) on the March 26, 2024. Council requested additional information including financial
analysis for an employee buy-down program and potential housing stipends.
Council expressed a desire to develop and adopt a policy plan document for employee housing in
conjunction with the acquisition of a Metcalf Lofts condominium unit. Staff conducted a review of other
local government employee housing assets and plans, conducted an internal employee survey to
determine housing needs and preferences, held a Director’s Retreat to discuss current and future housing
needs and goals, and gathered relevant data on Town of Avon’s employee wages, Area Median Income
(“AMI”) for Eagle County, and fair market value of available residences in Avon.
The Employee Housing Plan is presented as a supplement to the Avon Community Housing Plan and
would establish policies, goals, and strategies for investment in housing for Town of Avon employees. The
Town of Avon provides essential health and safety public services. The ability of the Town of Avon to
provide these public services is dependent upon the Town of Avon’s ability to recruit and retain employees.
The lack of affordable housing has been both a significant reason for resignations of current employees as
well as a barrier to recruitment of new employees.
BACKGROUND: Many employers are investing in housing for their employees as a necessity to fill
vacancies. The Town of Vail, Eagle River Water & Sanitation District, Eagle County Government, Eagle
County School District, and Eagle Valley Transit Authority (formerly ECOTransit) have a history of providing
housing programs to their employees. In recent years, they have begun expanding their offerings,
including purchasing and building new rental units, and evolving Down Payment Assistance programs.
The following table describes the employee housing policies and investments for other public and private
employers in Eagle County.
*Other smaller local employers have purchased units for their employees (Sonnenalp, Northside Kitchen,
Juniper Restaurant, The Bookworm). We are unsure how many of these exist throughout the valley.
POLICY GOALS: The attached Employee Housing Plan includes information explaining the purpose,
need, affordability, data, goals, and strategies. A summary of goals and strategies includes:
Program TOA ECG TOV ERWSD EVTA/ECO ECPS ECSD VH COA
# Full Time Employees 100 505 275 137 67 88 300 1468 360
% of Full Time Employees in Programs 5% 4% 33% 100% 42% 6% 8% 33% 22%
Owned Rental Units 4 13 87 48 2 44 87 (UC)72
Master Leased Rental Units 2 19 16 89
Housing Stipend Y Y
Down Payment Assistance Y 22 Y Y Y Y
Cash Purchase/Buy Down Y
Employee Purchase/Lottery Program Y 3
Res 24-10 Adoption Town of Avon Employee Housing Plan
Page 2 of 3
1. Adopt a 20 year goal to provide affordable housing for 50% to 80% of full-time Town employees.
2. Adopt a near term (5 year) goal to build employee rental housing at Lot 5, Village (at Avon) [Avondale
Apartments – 26 or more units] and at Wildwood Annex [3-6 townhomes]
3. Adopt a near term (5 year) goal to support at least ten ownership opportunities for Town employees,
which would be subject to a deed restriction with a price-cap and Town right to repurchase.
POLICY CONSIDERATIONS: The following policy considerations are highlighted for Council
consideration:
1. Does Council support the stated near term and long term goals as stated in the Town of Avon
Employee Housing Plan?
2. Does Council support implementing an Employee Housing Ownership Program for Town employees
which would offer up to 30% contribution towards purchase price (maximum of $250,000) but would
then impose a price cap on resale and would include a Town right to repurchase?
PROPOSED PROGRAMS: Concerns were expressed at the last Council meeting that direct acquisition by
the Town of Avon may compete unfairly with private employers or local buyers who seek to purchase
housing. Staff is NOT recommending to Council that the Town pursue direct acquisition of properties for
resale to Town employees. Rather, Staff is recommending that the Town implement and Employee Homer
Ownership Program as described below. This program would very closely follow the Eagle County Good
Deeds pilot partnership that is discussed in the Comprehensive Community Housing overview report.
Employee Home Ownership Program (“EHOP”) buy-down program: The buy-down program will
feature:
1. Location: Town of Avon and Eagle-Vail
2. Price Capped deed restriction with 0-3% compounded appreciation
3. 30% Contribution by the Town or $250,000 maximum
4. No maximum purchase price
5. Minimum 1 year of full-time employment at Town of Avon for eligibility
6. Use Town of Avon EHOP Price Capped deed restriction form
7. Resale to Town employees via seniority ranking for full time employees (primary resale option)
8. Right of First Refusal (“ROFR”) available to the Town upon resale
a. Allows resale to Town employees directly
b. Allows resale to the Town directly
i. Use as rental inventory
ii. Offer for resale to general public with ROFR
9. Program administration through the Town and/or The Valley Home Store
10. Program Guidelines and Deed Restriction form pending final approval by Town Attorney.
Res 24-10 Adoption Town of Avon Employee Housing Plan
Page 3 of 3
Staff recommends approval of the Employee Home Ownership Program buy-down program. Staff requests
allocation of $750,000 from Real Estate Transfer Tax (“RETT”) Fund to the EHOP buy-down program.
Staff will report to Council on progress and use of this program as funds are used. Based on the success
of the initial pilot program, Staff will provide recommendations on budget allocation for 2025.
Housing Stipend: Council requested consideration of a potential housing stipend to assist employees with
the cost of housing. Staff suggests that a housing stipend is not the most effective use of limited Town
resources for these reasons:
1. A housing stipend is considered additional salary for tax purposes; therefore, the Employee will
receive a net amount after income tax and Medicaid deductions which is less than the stipend.
2. A housing stipend is expected to be offered to all full-time Town Employees for fairness. An option
would be to either not offer to higher salary employees on the basis of less need, or to only offer to
employees who are renting and not to employees who currently own their homes.
3. The use of funds for a housing stipend is a very temporary solution and takes away financial
resources from focusing on permanent solutions (i.e. investment in deed restricted properties and
investment in Town owned rental properties).
The following table illustrates the annual cost for a $500 and $1,000 monthly housing stipend for all full-time
Town of Avon employees.
HOUSING STIPEND PROGRAM
Amount of Housing Stipend (Monthly) $ 500.00 $ 1,000.00
Net Stipend After Employee Deductions $ 405.75 $ 811.50
Avon Employer Tax Payments (18.85%) $ 94.25 $ 188.50
Total Cost to Avon for Housing Stipend $ 594.25 $ 1,188.50
Amount of Housing Stipend (Annually, per person) $ 7,131.00 $ 14,262.00
Full-Time Town of Avon Employees 118 118
Total Annual Cost of Housing Stipends $ 841,458.00 $ 1,682,916.00
RECOMMENDATION: Staff recommends Council approve Resolution 24-10, which includes the EHOP
buy-down program.
PROPOSED MOTION: “I move to approve Resolution 24-10 Adopting the Town of Avon Employee
Housing Plan and direct Staff to implement the Employee Housing Ownership Program as presented.”
Thank you, Patti
Attachment A: Resolution 24-10 Adopting Town of Avon Employee Housing Plan
Resolution 24-10 Adopting the Town of Avon Employee Housing Plan
March 26, 2024
Page 1 of 1
RESOLUTION 24-10
ADOPTING THE TOWN OF AVON
EMPLOYEE HOUSING PLAN
WHEREAS, the Avon Town Council (“Council”) adopted the Avon Community Housing
Plan, which recognizes the severe shortage of affordable housing;
WHEREAS, Council finds that the availability of affordable housing is critical for recruitment
and retention of Town of Avon employees; and
WHEREAS, Council finds that the delivery of high quality public services in Avon is directly
dependent upon maintaining high staffing levels and minimizing turn-over; and
WHEREAS, Council finds it is important and appropriate to establish policies, goals and
strategies for the development of housing for Town of Avon employees; and
WHEREAS, Council finds that the adoption and implementation of a plan for Town of Avon
Employee Housing will promote the health, safety and general welfare of the Avon community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby adopts the Town of Avon Employee Housing Plan, attached hereto as Exhibit A,
which shall be a supplement to the Avon Community Housing Plan.
ADOPTED MARCH 26, 2024, by the AVON TOWN COUNCIL
By: Attest:___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
EHOP Resolution 24-10
May 14, 2024
A. INTRODUCTION. The Town of Avon (“Town”) recognizes the severe need for attainable housing
for Town employees. Recruiting and retaining employees has become very challenging. Nearly
one third of employees that have resigned from the Town over the last two years moved out of
Eagle County to other areas where housing is more affordable. The Town’s success rate in
recruiting any new employees who do not already live in, or near, Eagle County, is extremely low
with the high cost of housing in Eagle County presenting the primary barrier. The Town invests
significantly in new and existing employees, which creates a high cost for turnover. The Town has
also experienced long timeframes of 10 to 18 months to fill vacant positions. The Town must
provide housing for employees in order to improve recruitment and to maintain a stable, high
quality Staff that delivers excellent public services.
B.GOALS: This Town of Avon Employee Housing Plan (“Employee Housing Plan”) sets forth
appropriate targets for increasing the Town’s inventory of housing for Town employees and
identifies appropriate strategies for providing housing opportunities while balancing Town’s
investment in employee housing with its investment in Community Housing for the general public.
Both near-term goals (5 years) and long-term goals (20 years), targets and strategies are
discussed in this Employee Housing Plan.
C.ADOPTION AND AMENDMENTS. The Employee Housing Plan should be updated every six
years to incorporate changing market conditions and employee housing needs. The Employee
Housing Plan is adopted by Avon Town Council by Resolution. Subsequent updates and
amendments shall be adopted by Resolution.
INTRODUCTION
EXHIBIT A
EHOP Resolution 24-10 May 14, 2024
Page 2 of 12
A. DEMAND.
Current Demand: The Town currently employs 118 full-time employees and 131 part-
time/seasonal employees. Full time employees are eligible for housing programs. The Town
currently has 4% of full-time Staff housed.
Future Demand: The Town has potential to develop commercial and residential areas including:
(1) redevelopment of East and West town center areas, (2) development of Village at Avon, (3)
State Land Board annexation, and (4) other smaller annexations and infill redevelopment. As a
result, these developments could increase the total number of residential units in the Town by 50%
or more. Recognizing that growth may not result in a linear increase in the Town’s Staffing needs,
it is reasonable to contemplate that the total number of employees may increase by 40% in twenty
years.
Present Employees in 2024 and in 20 Years
EMPLOYEES 2024 2045
Full time 118 165
Part time 131 183
B. HOUSING AND AFFORDABILITY
• 37% of Town full-time employees earn under 100% of Area Median Income (“AMI”) while 63%
of full-time employees earn 100% or above AMI.
• Free Market Stats for 2023 Median & Average Sales Price, all locations in Eagle County
• Median SFH/DPX $1,760,345, TH/Condo $1,385,000
• Average SFH/DPX $2,626,367, TH/Condo $2,032,452
• Affordability for 100% AMI is $452,006 while TH/Condo Median price is $1,385,000
• Less than 10% of full-time employees at the Town can afford a Median or Average priced free
market unit in Eagle County as of January 2024.
• Currently 118 FTE at the Town with a 40% increase projected over 20 years.
• There are 131 PTE at the Town however, they are not counted in the wage data because their
total income is difficult to ascertain; however, we expect the total wages for part-time
employees are likely to be under 100% AMI.
• The Town will need a variety of unit types and attributes as well as a mix of rental and
ownership opportunities to effectively support housing.
EMPLOYEE HOUSING NEEDS
EHOP Resolution 24-10 May 14, 2024
Page 3 of 12
Housing Affordability Table
C. EMPLOYEE HOUSING PREFERENCES. A survey of all Town full-time employees was conducted in
October of 2023 to ask a variety of questions about housing. The response rate was very high with
113 total respondents, evidencing a strong interest in affordable housing. The Department Directors
conducted a retreat on October 25, 2023 to review the results of the employee housing survey and
discuss employee housing needs and goals. The results of the survey included the following
highlights:
• 94% of employees prefer to own a home while only 52% currently do.
• 81% of respondents said “Price” was the #1 barrier to living in their most desired locations of:
Avon, Eagle-Vail, and Edwards.
• 59% are paying more than 30% of their gross income on housing and 40% use roommates to
offset those expenses.
• 73% said they would consider moving to Avon if an affordable housing option was offered and
64% said they would consider purchasing a price-capped deed restricted unit if it was
affordable.
• 64% of respondents said they would consider working for the Town longer if they were able to
live closer to work.
CONCLUSIONS:
• Most employees stated that they prefer to live in Avon, prefer to own their home, and
would like work longer for Avon if affordable housing was available.
• There is demand for price capped for-sale housing in Avon.
• There is demand for affordably priced rental housing in Avon.
• There is a desire for Staff to have access to additional housing resources.
• The variety of housing types and traits factors heavily into location.
EHOP Resolution 24-10 May 14, 2024
Page 4 of 12
A. PERCENTAGE OF HOUSING FOR EMPLOYEES: Housing affordability is expected to present a
long-term, permanent challenge for recruitment and retention. Although Town was an affordable
housing option for Vail and Beaver Creek for many years, extreme escalation in housing prices
since 2020 have resulted in no free market affordable housing options. The escalation of free
market housing prices has consistently outpaced increases in local wages for several decades and
is expected to continue for decades to come. The City of Aspen is generally recognized as the
earliest ski resort town to develop in Colorado and is also recognized as having the oldest housing
program. No affordable free market housing opportunities existing in or near the City of Aspen
today, resulting in a very high dependency on affordable housing programs. The Town can expect
to experience a similar trajectory of increases in housing prices continuing to outpace increases in
local wages, with the result that dependency on affordable housing inventory will continue to
increase.
The goal of providing affordable housing inventory and opportunities for Town employees ranges
from a minimum of 50% to as high as 80%. It is not anticipated at this time that every employee
will need, or want, affordable housing assistance in 20 years. It is important to note that Town
employees are eligible to participate in other Community Housing efforts including Vail InDeed, ¡Mi
Casa Avon!, Good Deeds, and Eagle County Loan Fund.
The Town Employee housing goals focus on full-time employees. Additional housing inventory for
part-time employees would serve as an effective and competitive recruitment amenity. If the Town
secures an inventory of employee housing that exceeds employee demands at any time the Town
may lease available units to other essential workers, government employees or persons who meet
the general eligibility requirements of living and working Eagle County.
B. TOWN EMPLOYEE HOUSING GOALS.
Year Goal Rental Ownership Total FTEs % FTEs
Housed
2030 5 Year 26 10 36 125 29%
2035 10 Year 15 15 30 135 49%
2040 15 Year 15 15 30 150 64%
2045 20 Year 15 15 30 165 76%
Total 71 55 126
C. STRATEGIES: Several strategies are identified for investment in employee housing, which are
described as follows:
1. Construct new housing units either directly or through public-private partnerships (e.g.,
Avondale Apartments, Wildwood Annex, Slope Side, East Avon Preserve)
2. Purchase existing housing stock for ownership by Town to add to available rental inventory
(e.g. Sherwood Meadows Unit, Old Wildridge Fire Station, Metcalf Lofts unit)
3. Purchase, buydown, and resell existing housing stock to Avon Employees through lottery
system
GOALS & STRATEGIES
EHOP Resolution 24-10 May 14, 2024
Page 5 of 12
4. Continue ¡Mi Casa Avon!
5. Offer enhanced ¡Mi Casa Avon! program for Town employees that includes price capped
deed restrictions and Town right of repurchase on sale.
6. Purchase units in new construction in Avon (e.g., Hidden Valley Estates, State Land Board)
D. FUNDING SOURCES: Funding sources to support Town employee housing are described as
follows:
1. Short Term Rental Tax
2. 10% RETT revenue
3. Avon Urban Renewal Authority
4. Avon Downtown Development Authority
5. General Fund reserves
6. Potential for Use Tax
7. Potential State and Federal Grant Funding sources
E. INVESTMENT PRIORITY: Staff will pursue all strategies while seeking to maximize the value on
investment as opportunities arise. The quantity of housing for Town employees is roughly
projected to be 5-10% of the overall Community Housing that the Town plans to support over the
next 20 years. Staff will pursue construction of new rental housing by the Town while monitoring
opportunities to acquire existing residential properties. Acquisition of existing residential property
can be for the purpose to resell at a reduced price to Town employees with a price-cap on resale,
offered through either a lottery or by seniority, and subject to Town’s right to repurchase for future
resale to another Town employee, or can be for ownership by Town and offered for rent at
affordable prices.
The near term five year goal is to construct Avondale Apartments with at least 26 units for rent,
construct the Wildwood Annex Townhomes with 3 to 6 units, acquire at least 10 deed restricted
price-capped residentials units either through direct acquisition and resale to Town employees at a
reduced price, with a price cap, offered through a lottery or by seniority, and subject to Town’s right
to repurchase, or through an enhanced ¡Mi Casa Avon! program for employees (offering up to 24%
of purchase price with price cap). Acquisition of residential units for resale to Town employees is
expected to be in the price range of $600,000 to $1,000,000 and would be resold with a 30% price
reduction for affordability ($420,000 to $700,00), thus requiring expenditures between $180,000 to
$300,000 per unit, or $360,000 to $600,000 to acquire two units per year over the next five years.
EHOP Resolution 24-10 May 14, 2024
Page 6 of 12
A. Housing programs by local employers
B. Town of Avon Wages and Housing Affordability
Program TOA ECG TOV ERW SD EVTA/ECO ECPS ECSD VH COA
# Full Time Employees 100 505 275 137 67 88 300 1468 360
% of Full Time Employees in Programs 5% 4% 33% 100% 42% 6% 8% 33% 22%
Owned Rental Units 4 13 87 48 2 44 87 (UC)72
Master Leased Rental Units 2 19 16 89
Housing Stipend Y Y
Down Payment Assistance Y 22 Y Y Y Y
Cash Purchase/Buy Down Y
Employee Purchase/Lottery Program Y 3
APPENDICES
EHOP Resolution 24-10 May 14, 2024
Page 7 of 12
EHOP Resolution 24-10 May 14, 2024
Page 8 of 12
C. Mi Casa Avon Year End Data
Unit
Count
Available
Contribution
Contribution Spent Average
Contribution
Average Sales
Price
2020 8 $ 650,000 $ 464,760 $ 58,095 $ 493,500
2021 13 $ 900,000 $ 847,222 $ 65,171 $ 547,142
2022 16 $1,200,000 $1,164,260 $ 72,766 $ 615,344
2023 3 $1,500,000 $ 199,200 $ 66,400 $ 563,333
Total 40 $2,675,442 $ 66,886 $ 564,909
EHOP Resolution 24-10 May 14, 2024
Page 9 of 12
D. Employee Survey Results
EHOP Resolution 24-10 May 14, 2024
Page 10 of 12
EHOP Resolution 24-10 May 14, 2024
Page 11 of 12
EHOP Resolution 24-10 May 14, 2024
Page 12 of 12
Employee Home Ownership Program | Program Guidelines
Effective 5/14/2024
These Guidelines are subject to change based on availability of funds, conditions of property and market
conditions. The Town of Avon does not discriminate on the basis of race, color, sex, religion, handicap,
familial status, sexual orientation, gender identity, or national origin.
The Town of Avon ("Town") has created the Employee Home Ownership Program ("EHOP") which will
allow the Town to make a contribution toward a Town employees' purchase price in exchange for recording
a Town of Avon deed restriction against an open market property. This EHOP program will support Town
staff to secure permanent housing and improve attraction and retention rates. The intent is to deed restrict
a property to a Town employee who meets the definition of an Eligible Household, through a Price Capped
deed restriction. By converting an existing open market home into a deed restricted home, that home will
be preserved for a local Eligible Household for the future. The EHOP program will be administered by the
Town pursuant to the guidelines set forth below.
Eligible Households Full time Town of Avon employees who have worked a minimum of 1 year
for the Town and otherwise meet the definition of Eligible Household as
defined by the most recent Avon Community Housing Policies and subject
to policies contained within.
Eligible Properties Single family homes, condominiums, townhomes, duplexes, modular homes or
manufactured homes on a permanent foundation taxed as real property within the
jurisdictional boundaries of the Town of Avon and Eagle-Vail that are not currently
encumbered by a deed restriction, right of first refusal, occupancy requirement,
Land Use Regulatory Agreement, or similar program. Buyer to complete due
diligence and confirm property eligibility at time of application.
Maximum Purchase
Price of Property
None
Primary Residence Buyer is required to be an Eligible Household and use the property as a primary
residence, as defined in the Avon Community Housing Policies.
Buyer Down
Payment
Minimum down payment of 3% contributed directly by the Buyer towards the
purchase price of the property, excluding any down payment assistance funds,
employment assistance program, or others.
Deed Restriction Town of Avon Employee Home Ownership Program Price Capped deed
restriction will be recorded against the property with Eagle County Clerk
and Recorder's office.
Town Payment Payment of 30% of purchase price in exchange for a Price Capped
Deed Restriction, not to exceed $250,000. Funds are wired directly to
the title company at closing on the property.
Program
Compatibility
This Program is compatible with all Down Payment Assistance Loan programs,
subject to their program guideline limitations.
EXHIBIT B
Employee Home Ownership Program | Program Guidelines
Effective 5/14/2024
Other Real Estate Buyer may not own any other residential real estate at the time of purchase or for
the period the Buyer owns the property.
Term The deed restriction is perpetual and runs with the property and any/all future
resale transactions. The property must remain the primary residence of any Buyer
and Buyer agrees to recertify their eligibility as an Eligible Household annually.
Recertification Buyers must certify their eligibility as an Eligible Household annually in
accordance with the current Avon Community Housing Policies.
Homebuyer Training All Buyers must attend a Home Buyer Class, offered by The Valley Home Store,
within 6 months of purchase.
Property Purchase Buyer or the Town may select a property for purchase.
Town Purchase The Town may directly purchase a unit for the following purposes: 1.) use the unit
as a rental property for Town employees; 2.) offer the property for resale through
the EHOP selection process; or 3.) offer the property for resale through the
Town’s Price Capped resale selection process to any qualifying Eligible
Household.
Buyer Purchase
Application
Buyer shall locate the property available for sale and complete an application.
Applications are received on a first come, first serve basis to be time and date
stamped in order of completed applications. Applications will be approved at the
discretion of the Town or its Program Administrator, subject to available funds. A
complete application requires: fully executed purchase and sale agreement, proof
of full-time, current employment at the Town, photo id, pre qualification letter from a
local lender.
Application
Processing
Review and approval within 5 business days of receipt by the Town or its
Program Administrator. Upon notification of approval, the Eligible Household will
execute a deed restriction purchase agreement with the Town.
Deed Restriction In exchange for the Town payment set forth above, a Price Capped deed
restriction will be recorded against the property at the time of closing. The deed
restriction shall govern the future use and transfer of the property to an Eligible
Household in perpetuity.
Price
Capped
Payment of 30% of purchase price. Appreciation is capped between 0-3%
compounded annually, limits on owning other real estate, TVHS or the Town shall
be resale broker and approve all future buyers upon resale.
Future Resale The Town or its Program Administrator shall administer and facilitate the resale of
all future Price Capped deed restricted properties. Transactional brokerage sales
fee of 2% shall be paid by Seller at time of closing as outlined in Avon Community
Housing Policies. Customary closing costs will be borne by each party, no
concessions. A waitlist of Town employees who are Eligible Households will be
maintained by the Town. Preference for resale will be from Seller to Buyer directly
using the EHOP selection process and the Town’s ability to exercise a Right of
First Refusal does not bypass the Seller’s obligation to follow the resale
procedures set forth in the EHOP Program Guideline or ACHP .
Employee Home Ownership Program | Program Guidelines
Effective 5/14/2024
Selection Process A general waitlist will not be maintained Town employees who have worked for at
least 1 year on a full time basis will be considered eligible on a seniority ranking.
Seniority ranking will be based on the date the employee was considered full time
status with the Human Resources department.
Right of First Refusal The Town may, in its sole subjective discretion, exercise its right within 15 days of
the Owner’s notice to sell the unit. The Town may purchase the unit directly from
the Owner for the following purposes: 1.) use the unit as a rental property for
Town employees; 2.) offer the property for resale through the EHOP selection
process; or 3.) offer the property for resale through the Town’s Price Capped
resale selection process to any qualifying Eligible Household.
Applicability All aspects of the EHOP Program eligibility and approval are at the sole exclusive
discretion of the Town and availability of funds. These Guidelines are subject to
change and changes are binding upon the applicant. Applications may be denied
based on the physical condition of the proposed property, concerns with the
purchase agreement or a determination that the deed restriction purchase is not
in the best interest of the Town. Program is subject to market conditions.
Other In the event of policy conflict between this Program and the Avon Community
Housing Policies, the EHOP Program Guidelines shall control.
Program
Administrator
The Town and/or The Valley Home Store or other as assigned by the Town.
Additional
Information
Call 970-748-4091
TOWN OF AVON
EMPLOYEE HOME OWNERSHIP PROGRAM
PRICE CAPPED DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 1 of 23
PRICE CAPPED DEED RESTRICTION
THIS TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED
RESTRICTION (“Deed Restriction”) is entered into on __________________ 20____ (the
“Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule
municipality, with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620
(“Town”), and __________________________ [hereinafter known as “Owner”], (each
individually a “Party” and collectively the “Parties”).
WHEREAS, Owner is purchasing the real property and the improvements situated
thereon, located at _______________________, Avon, Colorado 81620, and more particularly
described in Exhibit A hereto (“Property”); and
WHEREAS, the Town intends to place certain restrictions on the ownership and resale
of the Property for the benefit of the Town by requiring ownership and resale of the Property as
set forth in this Deed Restriction and the Avon Community Housing Policies (“ACHP”); and
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 Deed Restriction and ACHP govern the use, ownership, occupancy, and
resale of the Property; and
WHEREAS, the Owner agrees to be bound by the Deed Restriction and ACHP, and as
may be amended from time to time by the Town,
WHEREAS, the Owner accepts that any applicable Covenants, Conditions, and
Restrictions of the Homeowner Association are the responsibility of the Homeowners
Association and this document does not affect those documents.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as
follows:
COVENANTS
1.Property Subject to Deed Restriction. The Property, as more particularly described in
Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed
Restriction. The ownership, use and sale of the Property shall be restricted as specified in this
Deed Restriction.
2.Definitions. The following definitions shall apply to terms used in the Deed Restriction:
EXHIBIT C
TOWN OF AVON
EMPLOYEE HOME OWNERSHIP PROGRAM
PRICE CAPPED DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 2 of 23
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. “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 w eek on an annual basis, or
(4) Employment qualifications may include classifications of workers (i.e. retirees,
disabled, remote workers) in accordance with the Avon Community Housing
Policies, as may be amended from time to time , and as approved by the Town .
ii. Restriction on Owning Other Real Estate:
(1) As of the date of purchase of the Property, during ownership of the Property and
during any period of time the Property is occupied by an Eligible Household, no
member of such Eligible Household, including, but not limited to, spouses and
children under 18 years of age, may own any interest, alone or in conjunction with
others, anywhere in any improved residential real pro perty(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.
TOWN OF AVON
EMPLOYEE HOME OWNERSHIP PROGRAM
PRICE CAPPED DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 3 of 23
iii. Title of the Property shall be held in the name of the natural person(s)
who are members of the Eligible Household and who qualifies under
criteria above. For example, title may be held jointly in the name of
spouses who are members of an Eligible Household.
(1) Notwithstanding the foregoing, an Eligible Household may seek a variance to
allow title of the Property to be held in trust for the benefit of a natural person
who also meets the definition and qualifications of an Eligible Household, as
stated herein in Section 2.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.
C. “Gross Household Income” means the total combined amount of income a
Household earns in one calendar year from all sources before taxes and applicable
deductions.
D. “Household” means all individual(s) who will occupy the Property regardless of
legal status or relation to the owner or lessee.
E. “Initial Sales Price” means the maximum price for which a Price Capped For-
Sale Housing unit may be initially sold. It also refers to the amount paid by an
Owner in a subsequent sale.
F. “Owner” means the owner, as well as its agents, successors and assigns, buyers,
heirs, devisees, transferees, grantees, owners or holder of title to the Property of
record of the Community Housing Unit, according to the Clerk and Recorder of
Eagle County, during their period of ownership interest.
G. “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.
TOWN OF AVON
EMPLOYEE HOME OWNERSHIP PROGRAM
PRICE CAPPED DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 4 of 23
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. “Short Term Rental” An Owner or non-Owner providing compensation to
lodge in the Property for periods of less than thirty (30) days. Owner shall not
advertise any part of the Property for short term lease on an open, public forum
such as Airbnb, VRBO, Homeaway or equivalent.
K. “Town” shall include employees of the Town of Avon or subcontractors
retained by the Town who are tasked with enforcing Deed Restriction
agreements.
3. Ownership, 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.
TOWN OF AVON
EMPLOYEE HOME OWNERSHIP PROGRAM
PRICE CAPPED DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 5 of 23
C. Owner is subject to Annual Compliance Recertification confirming and verifying
the Owner’s continued eligibility as an Eligible Household and its compliance
with this Agreement. To confirm such eligibility, the Owner of the Property shall
submit the following information to the Town: (i) a verification that the Owner
continues to meet the requirements of an Eligible Household who uses the
Property as its Primary Residence; and (ii) a statement that the Owner owns no
other real property, subject to the exceptions set forth in the definition of Eligible
Household, in Section 2 above, and other documentation that be required by the
Town and the ACHP, as may be amended from time to time.
D. An Owner must not engage in any business activity on or in such Property, other
than as permitted within the zone district applicable to the Property.
E. The Short Term Rental, or the advertising of a short term rental, of all or any
portion of the Property is prohibited.
F. An Owner of the Property may not permit any use or occupancy of the Property
except in compliance with this Agreement.
G. Owner, other than a Qualified Employer, may not, except with prior written
approval of the Town and subject to the most current ACHP and the provisions of
this Deed Restriction, rent the Property for any period of time. Owner covenants
that any lease of the Property shall include a reference that such lease is subject to
the terms and conditions of this Deed Restriction and ACHP, including but not
limited to restrictions on the use and occupancy of the Property and cooperation
on providing required documentation for verification of Eligible Household and
Primary Residence status, as defined in Section 2.
H. Any subsequent Owner of the Property must execute an Acknowledgement of
Deed Restriction Agreement for Price Capped For Sale Housing, in the form, or
similar form provided by the Town, set forth in Exhibit C , and attached hereto
and incorporated herein by this reference. The failure to execute such 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, or the Town, 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, Owner will provide
notice of intent to sell the unit to the Town and the sale or transfer of the
Property shall be executed by the Town or its assigns in accordance with the
TOWN OF AVON
EMPLOYEE HOME OWNERSHIP PROGRAM
PRICE CAPPED DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 6 of 23
Town of Avon Employee Home Ownership Program Guidelines and/or 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, the Employee Home Ownership Program Guidelines, and the most
recent version of the ACHP.
C. The Town may, in its sole subjective discretion, exercise the right to purchase
the unit within 15 days of an Owner’s notice to sell the unit. The Town may
purchase the unit for the following purposes:
i. Rental to Town employees. The Town may hold title and rent the unit to
Town employees at a rental rate determined by the Town.
ii. Resale through EHOP. The Town may purchase the unit directly from an
Owner then offer the unit for resale through the EHOP resale program. The
resale selection process is determined by the most recent version of the
Employee Home Ownership Program Guidelines.
iii. Resale to an Eligible Household. The Town may purchase the unit directly
from an Owner then offer the unit for resale to a member of the general
public who meets the definition of an Eligible Household using the resale
procedures set forth in the most recent version the ACHP. In the event the
unit is approved for resale to an Eligible Household who is not a Town
employee, that unit will remain subject to this deed restriction, the ACHP,
and the EHOP Program Guidelines set forth therein. Future resale shall
follow the Resale Restrictions to Town employees contained in this Section
and the EHOP Program Guidelines.
5. Maximum Sale Price: In no event shall the Property be sold for an amount in excess of
the Initial Sales Price plus the percentage increase per year of the average wage for Eagle County
as determined by the Colorado Department of Labor and Employment.
A. If the percentage increase in the average wage for Eagle County as determined
by the Colorado Department of Labor and Employment is greater than three
(3)% in a given year, the percentage increase which an Owner may claim for
purposes of determining Maximum Sales Price shall be three (3)% for that year.
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
ii. If there is no increase in the average wage for Eagle County as determined
by the Colorado Department of Labor and Employment, the percentage
TOWN OF AVON
EMPLOYEE HOME OWNERSHIP PROGRAM
PRICE CAPPED DEED RESTRICTION
Price Capped Community Housing Deed Restriction
Page 7 of 23
increase which an Owner may claim for purposes of determining
Maximum Sales Price shall be zero (0)% for that year
iii. The parties agree that there may be a delay in the publication of statistics
from the Colorado Department of Labor and Employment. Therefore, the
calculation of Maximum Sales Price shall be based upon the most current
available data. If data for the year of sale is not available then the Owner
shall rely on the most current full year’s data that is available for purposes
of calculating the Maximum Sales Price.
iv. In the event that the Colorado Department of Labor and Employment no
longer publishes the average wage data for Eagle County, the Town shall
identify a similar indicator from a reliable source and shall provide notice
to all Owners of the change.
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. If the Town has reasonable cause to believe that the occupancy or use
of the Property is in violation of any provision 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 with at least twenty four (24) hours written notice. Notice to the
occupants may be given by posting notice on the door to the residence on the Property. This Deed
Restriction shall constitute permission to enter the Property during such times upon such notice
without further consent. A default by an Owner shall include breach of the covenants set forth in
this Deed Restriction, including without limitation any of the following:
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A. Occupancy of the Property by a person or entity that is not an Eligible Household.
B. Transfer or conveyance of the Property to a person or entity that is not an Eligible
Household.
C. Failure to follow resale procedure as outlined in Section 4 above.
D. Acceptance of the Property by a person or entity that is not an Eligible Household.
E. Transfer or conveyance of the Property to a person who is an Eligible Household prior
to obtaining certification from the Town that such person is an Eligible Household.
F. Any ownership, use, or occupancy of the Property in violation of Section 3 above.
G. Failure to submit an annual recertification of compliance for occupancy and use as
described in Section 3.C above.
H. Failure to make payments and comply with the terms of any deed of trust placed on the
Property. Owner must notify the Town, in writing, of any notification received from a
lender or its assigns, of past due payments or default in payment or other obligations
due or to be performed under a promissory note secured by a first deed of trust, as
described herein, within five (5) calendar days of Owner’s notification from lender, or
its assigns, of said default of past due amounts.
I. Any action by the Owner to encumber the Property in a manner that conflicts with the
terms of this Deed Restriction or renders compliance with the terms of this Deed
Restriction impossible or impractical.
J. Permitting the use of the Property as a Short Term Rental, non-primary-residence, or
Second Home.
K. Any other violation of the provisions of this Deed Restriction.
7. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the
Town shall send a written notice of default to the Owner detailing the nature of the default and
providing thirty (30) days for the Owner to cure such default. Notwithstanding the foregoing or
any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term
Rental, non-primary-residence or a Second Home shall be cured by the Owner immediately. The
notice shall state that the Owner may request an appeal of the violation finding in writing within
ten (10) days of such notice, in which event the Town shall administratively review the finding
and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of
such administrative decision a hearing before the Avon Town Council. A decision of the Avon
Town Council may only be judicially appealed in the District Court of Eagle County pursuant to
C.R.C.P. 106.
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If no administrative or Town Council appeal is timely requested in writing and the violation is
not cured within thirty (30) days of mailing the notice of default, the Owner shall be deemed to
be in violation of this Deed Restriction. If an administrative or Town Council appeal is
requested, the decision of the Avon Town Council (or administrative decision if such decision is
not timely appealed to the Town Council) shall be final for the purpose of determining if a
violation has occurred and, if such violation is not cured within thirty (30) days of such final
determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision
of the Avon Town Council is judicially appealed, an order of the Court confirming the violation
shall be final for the purpose of determining if a violation has occurred and, if such violation is
not cured within thirty (30) days of such final determination, the Owner shall be deemed to be
violation of this Deed Restriction.
In the event of any lease of the Property to a person who is not an Eligible Household 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.
8. Remedies. This Deed Restriction is enforceable by the Town of Avon and/or the Avon
Town Council, 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. In the event of violation, non-performance, default or breach of
any term of this Deed Restriction by the Owner, 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. In addition, 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. 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. In addition to any other
remedy provided by law or equity, 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, Section 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. 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.
9. Liquidated Damages. The parties acknowledge and agree that in the event of a violation
of this Deed Restriction by the Owner, the determination of actual monetary damages would be
difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall
be calculated and applied in the amount of Three Hundred Dollars ($300.00) per day for each
day that the Owner is in violation of this Deed Restriction after having failed to timely cure the
violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability
to recover costs as stated in Section 8 above. Liquidated damages shall be in addition to the
Town’s right to seek equitable remedies of injunction and/or specific performance. In the event
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of any lease or use of the Property as a Second Home, non-primary-residence or Short Term
Rental, any amounts collected or receipt of other things of value by the Owner or assigns under
such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of
the $300 daily liquidated damages), including such amounts collected or received by Owner
prior to receipt of a Notice of Default and prior expiration of a thirty (30) day period to cure, and
such amounts shall be in addition to the right of the Town to recover costs and seek equitable
remedies.
10. Foreclosure.
A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder
(including assigns of the holder) of the promissory note secured by a first deed of trust
on the Property, and subject to the issuance of a public trustee’s deed to the holder
following expiration of all statutory redemption rights, or issuance of a deed in lieu of
foreclosure to the older, the Town or its assigns shall have the option to purchase the
Property as provided in the Option to Purchase, in a form similar to Exhibit B, 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 Eligible Households 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 10.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 Agreement 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, 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, as amended from time to time,
until such time that the Property can be sold to an Eligible Household.
F. All obligations recorded of record against the Property and subsequent to this Agreement
shall be subordinate to terms hereof.
11. Agreement Runs with the Land.
12. 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
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the Town and its successors and assigns and this Deed Restriction shall bind the Property, the
Owner and all subsequent owners, occupants, successors and assigns. Each and every lease and
each and every contract, deed or other instrument hereafter executed conveying the Property or
any portion thereof shall expressly provide that such lease or conveyance is subject to this Deed
Restriction; provided, however, that the covenants, conditions and restrictions contained herein
shall survive and be effective as to lessees and successors and/or assigns of all or any portion of
the Property, regardless of whether such lease, contract, deed or other instrument hereafter
executed leasing or conveying the Property or any portion thereof provides that such lease or
conveyance is subject to this Deed Restriction. Each subsequent owner(s), occupant(s) and Eligible
Household(s), upon acceptance of a deed or lease to a Unit or of the Property, shall be personally
obligated hereunder for the full and complete performance and observance of all covenants,
conditions, and restrictions contained herein during an owner’s period of ownership or Eligible
Household’s occupancy.
13. General Provisions.
A. Disputes. If any action is brought by a court of law by either party to this Deed
Restriction concerning the enforcement, interpretation or construction of this Restrictive
Deed Restriction, the prevailing party, either at trial or upon appeal, shall be entitled to
reasonable attorney’s fees as well as costs, including expert witness’s fees, incurred in
the prosecution or defense of such action. The exclusive forum for any dispute arising
from or relating to the Deed Restriction shall be the Eagle County District Court.
B. 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. The Town Council may provide a waiver along with any conditions of the
waiver with regard to any of the terms and provisions in this Deed Restriction where
unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a
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default and such waiver, with conditions if any, supports the purpose and intention of
this Deed Restriction.
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
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
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out the provisions and intent of this Deed Restriction or any agreement or document
relating hereto or entered into in connection herewith.
P. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions,
uses, limitations, obligations or options created by this Deed Restriction or any of its
Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or
some similar statutory provision, (b) the rule restricting restraints on alienation, or (c)
any other statutory or common law rules imposing like or similar time limits, then such
provision shall continue only for the period of the lives of the then-current duly elected
and seated Town Council, and the then-current Town of Avon employees, their now
living descendants, if any, and the survivor of them, plus twenty-one (21) years.
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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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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TOWN OF AVON, COLORADO:
By: _______________________________ Attest: ______________________________
Eric Heil, Town Manager Miguel Juaragui Casaneuva, Town Clerk
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EXHIBIT A
[Insert Property Legal Description]
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EXHIBIT B
OPTION TO PURCHASE
In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder
(including assigns of the holder) of the promissory note secured by a first deed of trust
(“Holder”) on the on the real property known as [Legal Description]
___________________________, (the “Property”), and subject to the issuance of a public
trustee’s deed to the Holder following expiration of all statutory redemption rights, or issuance of
a deed in lieu of foreclosure to the Holder, the Town or its assigns shall have the option to
purchase the Property, which shall be exercised in the following manner:
1. Notice: The Owner and the Holder shall give such notice to the Town as is required by law
in the foreclosure proceeding.
Said notice shall be sent by certified mail, return receipt requested, and addressed as
follows:
Town of Avon
PO Box 975
Avon, CO 81620
2. Option to Purchase: The Town or its assigns shall have 30 days after issuance of the
public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to
Purchase. In the event of a deed in lieu of foreclosure, the Town may exercise the
Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds,
an amount equal to the amount due on the note and any additional reasonable costs
incurred by the Holder during the option period. In the event of foreclosure and issuance
of a public trustee's deed, the Town may exercise the Option to Purchase by tendering to
the Holder or its assigns, in cash or certified funds, the redemption price which would
have been required of the borrower or any person who might be liable upon a deficiency
on the last day of the statutory redemption period(s) and any additional reasonable costs
incurred by the Holder during the option period which are directly related to the
foreclosure.
3. Title: Upon receipt of the option price, the Holder shall deliver to the Town or its
assignee a special warranty deed, conveying the Property to the Town or its assignee.
The Holder shall convey only such title as it received through the public trustee's deed
or deed in lieu of foreclosure and shall not create or participate in the creation of any
additional liens or encumbrances against the Property following issuance of the public
trustees' deed to the Holder. The Holder shall not be liable for any of the costs of
conveyance to the Town or its assignee.
4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the
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Holder; the Town or its assigns shall have thirty (30) 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. Perpetuities Savings Clause: If any of the terms, covenants, conditions, restrictions,
uses, limitations, obligations or options created by this Deed Restriction or any of its
Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some
similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other
statutory or common law rules imposing like or si milar time limits, then such provision
shall continue only for the period of the lives of the then-current duly elected and seated
Town Council, and the then-current Town of Avon employees, their now living
descendants, if any, and the survivor of them, plus twenty-one (21) years.
6. 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
7. 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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IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the ___
day of ______________, 20__.
OWNER:
By:
Name:
Its:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ____
day of __________________, 20____, by _____________________, as the owner of the real
property described above.
Witness my hand and official seal.
____________________________________
Notary Public
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TOWN OF AVON, COLORADO:
By: _______________________________ Attest: ______________________________
Eric Heil, Town Manager Miguel Juaragui Casanueva, Town Clerk
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EXHIBIT C
ACKNOWLEDGEMENT OF THE TOWN OF AVON COMMUNITY HOUSING
PRICE CAPPED DEED RESTRICTION
WHEREAS, [Buyer Name]____________________________ (the “Buyer”) is purchasing
from [Seller Name]______________________ (the “Seller”) at a price of $[purchase price
amount]________________________, the real property and improvements located in [Address &
Neighborhood] ___________________________ more particularly described as:
[Legal Description]___________________________, according to the plat
recorded under Reception No. ________________________, in the real property records
of Eagle County of Eagle, Colorado (the “Subject Property”); and
WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales
transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found
in that certain instrument entitled “TOWN OF AVON COMMUNITY HOUSING PRICE
CAPPED DEED RESTRICTION”, recorded on _________________, 20___, under Reception
No. _______________, in the real property records of Eagle County, Colorado (the “Deed
Restriction”). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A.
NOW, THEREFORE, as an inducement to the Seller to sell the Property, the Buyer:
1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the
opportunity to consult with legal and financial counsel concerning the Deed Restriction
and fully understands the terms, conditions, provisions, and restrictions contained in the
Deed Restriction, and agrees to abide by the Deed Restriction.
2. Buyer acknowledges that the Deed Restriction imposes a future sale to an Eligible
Household at no greater than the Maximum Sales Price exclusively on the sale or
conveyance of the Subject Property.
3. I/we acknowledge that no sales/purchases are exempt from the requirement that the
Property be occupied by an Eligible Household in accordance with the Deed Restriction.
All future buyers shall complete an application for approval of Eligible Household status
with the Town of Avon or its designee. Current and future buyers agree that (i) the Owner
or lessee qualifies as an Eligible Household; (ii) the Owner uses the Property as its Primary
Residence; and (iii) the Owner is in compliance with the terms and conditions of this Deed
Restriction.
4. Notice to Buyer, pursuant to Section 12 of the Deed Restriction, should be sent to:
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_________________________________
_________________________________
_________________________________
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 ________ day of
____________________, by ________________________________________________.
Witness my hand and official seal.
_________________________________
Notary Public
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EXHIBIT A
DEED RESTRICTION
970-748-4023 jskinner@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING FIRST READING Ordinance 24-09
REZ24001 Rezoning East Avon Preserve
DATE: May 9, 2024
SUMMARY: This report presents to the Avon Town Council (“Council”) First Reading of Ordinance 24-09 an
application for the rezoning of an existing parcel of land owned by the Town of Avon (“Avon”) known as the East
Avon Preserve (“Property”). This application changes the existing zoning for the Property from Public Facilities
(“PF”) to Community Housing Medium Density (“CHMD”) and Open Space, Landscaping, and Drainage (“OLD”).
Council provided direction that Community Housing is the top priority and directed Staff to prepare and submit a
rezoning application for the Property in the fall of 2023.
A work session prior to this application was initially heard by Council in October of 2023. At this meeting Town
Council (“Council”) directed Staff to prepare and present new Community Housing zone districts and
modifications to the Comprehensive Plan, prior to seeking an application for a rezoning on this property.
Ordinance 24-01 (Community Housing Zone Districts) was approved January 23, 2024, and Ordinance 24-02
(Comprehensive Plan Amendments) was approved February 13, 2024. Both Ordinances support and reinforce
planning and zoning (or rezoning) several Town-owned parcels for Community Housing, including the East Avon
Preserve.
The New Community Housing zone district be applied to this application is as follows:
Community Housing Medium Density [Section 7.20.075(d)]
(d) Community Housing Medium Density. The CHMD district is established to accommodate small
single-family, duplex and townhome development as either single neighborhoods of similar units or
in a neighborhood with a mix of unit types. The CHMD district should be located along a local road.
Table 7.20-6
Community Housing Medium Density
Dwelling
Type
Max.
Density
(units/
acre)
Max.
Units Per
Building
Min.
Landscape
Area.)
Max. Lot
Coverage
(%)
Min. Front
Setback
(feet)
Min. Side
Setback
(feet)
Min. Rear
Setback
(feet)
Max.
Building
Height
(feet)
Du / Multi-
family / TH
10 du/
acre
N/a 10% 80 10 7.5 10 35
This subject “Site” is limited to 6.5 acres of Community Housing development on a 37.4 acre parcel and located
adjacent to the Village at Avon Tract J with I-70 to the south. See image, next page.
BACKGROUND: The East Avon Preserve Parcel ("East Avon Preserve") in its entirety is 85.99 acres. The Town
acquired the East Avon Preserve in 2013 from the United States Government as part of the Multi-Party Land
Exchange agreement involving several parcels and parties (see Attachment A, Exhibit B). The East Avon Preserve
may contain an area up to 6.5 acres for what was known at the time as “affordable” housing with the balance of the
East Avon Preserve, 79.49 acres, to be used for vehicular and trail access to reach private development to the east,
as well as the development of (general) public trails.
The Town of Avon and the County of Eagle entered into an Intergovernmental Agreement in 2013, (which referred to
the East Avon Preserve Parcel as the "Village Parcel"), which states in part that after the boundaries of the reserved
area for “affordable housing” and community facilities, and when the road and trails alignments are determined, the
REZ24001 A Rezoning Application: EAP Community Housing April 25, 2024 Page 2 of 6
Town of Avon is committed to granting a conservation easement to a land trust mutually acceptable to the Town and
Eagle County. Not knowing what exactly would be built at this location, the zoning that was applied was Public
Facilities (“PF”) for what was a potential developable area, as the initial target area for housing is within the “upper
northeast corner.” After procuring a slope analysis for the site in 2022, Staff has identified a more specific and
superior development area, with substantially improved accessibility to Wagon Trail Road (see proposed zoning
image, next page) on acceptable slopes of between 0-30% (see next page).
Location of Property: East Avon Preserve
PLANNING & ZONING COMMMISSION REVIEW COMMENTS: The proposed rezoning was unanimously
supported by the Planning and Zoning Commission (“PZC”) on April 22, 2024, and the PZC recommended
Council approve the proposed rezoning. The PZC felt that using the Community Housing Medium Density
(CHMD) instead of the existing Public Facilities (PF), was a logical and comprehensive option.
PROCESS: Rezonings can only be initiated by property owners and the Avon Town Council (“Council”). With
direction to proceed with a rezoning application Staff will provide the necessary public notification before hearings with
the PZC. PZC will then review the rezoning application and provide a recommendation to Council. Council then
approves rezonings by adoption of an ordinance.
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION 4/22/24
TOWN COUNCIL ORDINANCE & PUBLIC HEARING 5/14/24 – 1st Reading
TOWN COUNCIL INITIATION
TBD
REZ24001 A Rezoning Application: EAP Community Housing April 25, 2024 Page 3 of 6
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 12, 2024 and again
on April 26, 2024. No public comments have been received.
DISCUSSION: The Town continually strives to increase the numbers of Community Housing units within
Avon. Properties owned by Avon which are physically suitable for the development of Community Housing
have the financial advantage that Avon does not have to include the cost of land into the overall cost of
developing housing. 6 acres in this location implementing a mix of duplexes, townhomes, or multifamily
units likely has a fair market value in the millions.
The property is sizeable; however, it contains considerable slopes, which makes high-density housing
development difficult on this location. Application of the CHMD zone district is appropriate for this reason,
with goals including the implementation of a choice mix of potentially less sizeable residential forms,
assisting in increasing “missing middle” inventory in Avon that work well with the topography. Town Council
also has the option to increase the potential for housing at this location by implementing the “next” level of
zone districts, Community Housing High Density-1. This would allow buildings to be a bit taller, allowing
more effective design like terraced structures that step up hillsides. The CHHD-1 would also increase
maximum densities from 65 units max using CHMD (10 units per acre) to a max of 162.5 units (at 25 units
per acre using CHHD-1).
The property is located near the Planning Area J (mixed-use/neighborhood commercial) area of the Village
(at Avon) PUD, and P3, a property the Town will be developing for park purposes. Future development of
Area J will compatibly support the residential development of the East Avon Preserve.
Proposed Zoning
REZ24001 A Rezoning Application: EAP Community Housing April 25, 2024 Page 4 of 6
The planning and development of the East Avon Preserve is not as critically time sensitive as the recent
Slopeside project, as water service is a current outlier for development at this location. A water storage tank
to serve properties in this vicinity will be a necessary first step prior to the onset of the residential
construction. Changing the zoning to CHMD is an advantage in 2024, as this places the Town of Avon in a
position to seek funding for infrastructure improvements that will support future housing at this location.
COMMUNITY HOUSING DEVELOPMENT STEPS: The development of Community Housing involves
several steps, which are described as follows:
(1) Identification of land suitable for a Community Housing Project.
(2) Zoning (or Rezoning)
(3) Determination of Ownership and Initial Partners (i.e. public or private).
(4) Determining whether to proceed as public development project or post Request for Proposal for
private developers.
(5) Apply for Grant Funding for design, infrastructure and/or construction.
(6) Conceptual Design of Housing Project to determine density, layout and feasibility.
(7) Determination of specific housing type and goals (rent versus own, unit size, target AMI levels)
(8) Establishing development team (architect, owners representative, contract – if a public project, or
selecting developer if private project).
(9) Securing financing and finalizing development agreements and deed restrictions.
(10) Overseeing or administering construction of project.
(11) Construction completion and sale or leasing per Avon Community Housing Policies or per terms
with private developer.
Steps 1 through 2 are necessary before the Town can meaningfully engage with potential housing
partners or apply for grant funding. For this reason, it is essential to proceed with the first two steps,
creating strategic opportunities to continue with the remaining tasks based on partner support and grant
funding availability. Updating the Avon Municipal Code by adding Community Housing zone districts
and updating the Comp Plan to support rezonings related to Community Housing was an essential
foundational action.
NEXT STEPS: Actual development of a Community Housing project will involve several steps after
rezoning. Staff estimates this process will take at least 1-2 years to get to the Construction Phase after
securing water service and related infrastructre. Several steps will include further review of project design
and type of housing development by Council and the Avon Planning and Zoning Commission, in the interim.
REVIEW CRITERIA: Council must consider a set of review criteria when reviewing rezonings. The review
criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings. Staff has provided responses
to each review criteria within the attached Application.
REZ24001 A Rezoning Application: EAP Community Housing April 25, 2024 Page 5 of 6
FINDINGS: §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code has been
established within the application;
(2) This application is consistent with the Avon Comprehensive Plan as this parcel is slated for
Community Housing- recognized as an important use within the Plan;
(3) The physical suitability of the land for the proposed development or subdivision is sufficient for the
purposes of this rezoning, and will be further evaluated in subsequent entitlement applications;
(4) Compatibility with surrounding land uses is reasonable, as this area is comprised of a mix of
residential and neighborhood commercial uses;
(5) The proposed rezoning is justified by changed or changing conditions in the character of the Avon
area as Community Housing is an established need;
(6) There are adequate facilities that will be available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, which the Town will ensure not
to affect the existing level of services available currently;
(7) The rezoning is consistent with the stated purpose of the proposed zoning district: Community
Housing;
(8) The rezoning will not result in adverse impacts upon the natural environment, including air, water,
noise, stormwater management, wildlife and vegetation, and any impacts will be substantially
mitigated through future development applications;
(9) The rezoning will not result in significant adverse impacts upon other property in the vicinity of the
subject tract;
(10) As this rezoning is not within an existing PUD, consistency with a relevant PUD Master Plan is not
applicable; and
(11) Adequate mitigation may be required for future development applications as the rezoning will
result in greater intensity of land use or increased demands on public facilities and infrastructure;
however, during future phases of entitlement.
And,
Conformance with General Review Criteria in AMC §7.16.020(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;
REZ24001 A Rezoning Application: EAP Community Housing April 25, 2024 Page 6 of 6
(iii) The development application complies with the goals and policies of the recently updated
Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity will be
mitigated by future development applications.
RECOMMENDATION: I recommend approval of the rezoning of the East Avon Preserve.
PROPOSED MOTION: “I move to approve First Reading of Ordinance 24-09 the Rezoning of the East Avon
Preserve to Community Housing Medium Density and Open Space, Landscaping, and Drainage, based on
the findings for §7.16.050 Rezonings and §7.16.020(f)(1) General Criteria, as presented and outlined in the
Staff report and application.”
Thank you, Jena
ATTACHMENT A: REZ23001 East Avon Rezoning Application
Ord 24-09 Rezoning EAP to CHMD and OLD
April 10, 2024
Page 1 of 3
ORDINANCE 24-09
REZONING THE EAST AVON PRESERVE (SECTION: 8 TOWNSHIP: 5
RANGE: 81 LOT 1) AVON, COLORADO, FROM PUBLIC FACILITIES TO
COMMUNITY HOUSING MEDIUM DENSITY AND OPEN SPACE,
LANDSCAPING, AND DRAINAGE
RECITALS
WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone a
portion of the East Avon Preserve parcel (Lot 1), Avon, Colorado (“Property”) from Public
Facilities, to Community Housing Medium Density with the remaining area Open Space,
Landscaping, and Drainage for the purpose of creating Community Housing.
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing
and posting notice as required by law, held public hearings on April 22, 2024, and prior to
formulating a recommendation to the Town Council considered all comments, testimony, evidence
and Town Staff reports; and in accordance with AMC §7.16.020(f), then took action to adopt a
Findings of Fact and a Record of Decision, for a final recommendation for the Town Council to
approve this Application for Rezoning;
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town, the Avon Town Council
(“Council”) has the power to approve ordinances necessary and proper to provide for the
safety, preserve the health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Council held Public Hearings on May 13, 2024, and May 28, 2024, after
posting notice as required by law, considered all comments, testimony, evidence, Planning and
Zoning Commission recommendations, and Staff reports prior to taking action on the Application;
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria and AMC §7.16.010(f)(1),
General Criteria, the Town Council has considered the applicable review criteria for rezoning and
finds that the criteria are met in accordance with these findings;
WHEREAS, the Property is owned by the Town of Avon which is currently intended for use
as Community Housing and open space;
WHEREAS, the Council finds that the rezoning from Public Facilities to Community Housing
Medium Density and Open Space, Landscaping, Drainage will promote the Avon Comprehensive
Plan and the Avon Community Housing Plan, and will thereby promote the health, safety and
welfare of the Avon community; and
Ord 24-09 Rezoning EAP to CHMD and OLD
April 10, 2024
Page 2 of 3
WHEREAS, approval of this Ordinance on First Reading is intended to confirm Council
desires to comply with the requirements of the Avon Home Rule Charter by setting a Public
Hearing in order to provide the public an opportunity to present testimony and evidence regarding
the application, and that approval of this Ordinance on First Reading does not constitute a
representation that Council, or any member of the Council, supports, approves, rejects, or denies
this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Rezoning. Benchmark at Beaver Creek Subdivision, Tract Y, Avon, Colorado, is
hereby rezoned from Public Facilities to Community Housing Medium Density with the remaining
area Open Space, Landscaping, Drainage.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. Council hereby declares that it would have passed this Ordinance and each provision
thereof, even though any one of the provisions might be declared unconstitutional or invalid. As
used in this Section, the term “provision” means and includes any part, division, subdivision,
section, subsection, sentence, clause or phrase; the term “application” means and includes an
application of an ordinance or any part thereof, whether considered or construed alone or together
with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30)
days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines and declares this Ordinance is
promulgated under the general police power of the Town of Avon, that it is promulgated for the
health, safety and welfare of the public and this Ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Ord 24-09 Rezoning EAP to CHMD and OLD
April 10, 2024
Page 3 of 3
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 on May 13, 2024, and setting such public hearing for Second reading for
May 28, 2024, at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ _____________________________________
Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING on May 28, 2024.
BY: ATTEST:
____________________________ _____________________________________
Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
___________________________
Nina P. Williams, Town Attorney
970-748-4023 jskinner@avon.org
EAST AVON PRESERVE COMMUNITY HOUSING PROJECT
APPLICATION TYPE: REZONING
FILE NUMBER: REZ24001
LOCATION: Adjacent to the Village (at Avon) PA J; Section: 8 Township: 5 Range: 81 LOT 1
Parcel No. 210308300007
https://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R065214
APPLICANT/OWNER: Town of Avon
REPRESENTATIVE: Jena Skinner, AICP
SECTION 1:APPLICATION INFORMATION
APPLICATION SUMMARY: In Avon’s goal to increase the number of dedicated workforce housing units along with a
secondary goal of diversifying its housing portfolio of unit types, the Town is currently seeking to rezone a parcel of
land owned by the Town, to create a unique, Community Housing development. This development necessitates the
zone district of Community Housing Medium Density (“CHMD”) to accomplish these goals, which is suitable for this
location: the East Avon Preserve.
The location of the subject parcel is adjacent to a future mixed-use neighborhood commercial development,
recognized as Area J of the Village (at Avon). The site’s walkability to future neighboring commercial businesses, ,
park, and open spaces, is convenient. Additionally, this location is near an existing transit/bus route, making this site
a unique project for our workforce. This subject “Site” is limited to 6.5 acres of Community Housing development on a
37.4 acre parcel and located adjacent to the Village at Avon Tract J with I-70 to the south. The remaining,
undeveloped area is required to be placed into a conservation easement, which will occur when the precise
development area is determined at a future date. In the interim, Staff is suggesting that the remaining parcel be
rezoned to Open Space, Landscaping, and Drainage or (“OLD”) in the interim.
Subject Property
East Avon Preserve Rezoning Application May 9, 2024
Page 2 of 8
The subject site is large but topographically challenging. The proposed CHMD zone district represents the
most suitable area for development based on a slope assessment. With this area, Staff estimates there will
be approximately 4+ acres of developable land (slopes of 0-30%) plus lands for roads, trails, parking, and
landscaping/drainage. Staff also identified a secondary site to the east (see image below). A sizable gully
separates these two areas. As infrastructure costs rise in rugged terrain, Staff is not pursuing a zone
change in the secondary area because of the gully. Additionally, the stipulations in the IGA with Eagle
County require community housing in the subject property's “upper northwest area.” To modify this
stipulation, Avon must return to Eagle County for an agreement modification.
Due to the development limitations, Council could consider a different zoning instead of the proposed
CHMD, as this district is limited to 65 dwelling units at ten du/ac on 6.5 acres. Using Community Housing
High Density-1 (“CHHD-1”), for example, would open the possibility of increasing the number of units to a
maximum of 162.5 residences at 25 du/ac. That does not mean we need to maximize the zoning, but it
would allow the project's design to have flexibility in utilizing the site efficiently and help lower construction
costs in having more dwelling units.
BACKGROUND: The subject parcels (Lots 1 and 2 - known collectively as the “East Avon Preserve,” total 85.99
acres (see image below). The Town acquired the East Avon Preserve in 2013 from the United States government as
part of the Multi-Party Land Exchange agreement involving several parcels and parties. The East Avon Preserve may
contain an area of up to 6.5 acres for what was known at the time as “affordable” housing, with the balance of the
East Avon Preserve, 79.49 acres, captured in a future conservation easement slated for vehicular and trail access to
East Avon Preserve Rezoning Application May 9, 2024
Page 3 of 8
reach private development to the east, as well as the development of public trails. It was in 2013 when the Town
acquired the Property through a deal involving the USFS and Eagle County (which originally referred to the East Avon
Parcel as the “Village Parcel”), which requires in part that after the boundaries of the reserved area for “affordable
housing” and community facilities, and when the road and trails alignments are determined, the Town of Avon is
committed to granting a conservation easement to a land trust mutually acceptable to the Town and Eagle County.
Not knowing what design would work for this location, the zoning applied was Public Facilities (“PF”) for the potential
developable area. The Swift Gulch facility parcel was also zoned Public Facilities to reserve this area for Town
purposes, including government employee housing and other uses. Recently, Avon rezoned the Slopeside parcel
(neighboring parcel to Swift Gulch) to the more appropriate Community Housing High Density-1.
Housing discussions and interactions have significantly increased due to the pandemic’s outfall. This was due to the
unforeseen migration of people relocating to the mountains and an extreme demand increase. The outfall: housing
prices rose sharply, and, in response, mortgage rates dramatically increased due to this inflation. Towns all over the
nation are currently experiencing a workforce housing crisis. They are still dealing with the employment trends that
have also been affected as an additional outcome of the pandemic.
Workers quit their jobs in record numbers in 2021 and 2022 as ample job opportunities and higher pay lured them
elsewhere. The good news is that the “quits rate” has steadily declined since peaking last year, and in April 2023, this
rate fell to its pre-pandemic average in 2019[1]. However, with housing scarce or extremely expensive to buy or rent
currently- even with jobs available, positions remain difficult to fill without the ability to offer housing, especially for
those not making 100%+ AMI wages. Towns like Vail have various accommodations available for workers.
Unfortunately, Avon does not yet have a portfolio as extensive as Vail's. Thinking ahead to diversify housing projects
is a step in the best direction, and contemplating creating housing for employees.
[1] U.S. Bureau of Labor Statistics JOLTS report, May 2023
SECTION 2 : REVIEW CRITERIA:
The Planning and Zoning Commission and Town Council must consider a set of review criteria when reviewing
rezonings. The review criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code;
Applicant Response: This rezoning is a small step to help increase Avon’s Community Housing efforts, and
may be considered an essential piece in supporting the Town's economic sustainability and the health, safety,
and general welfare of the Avon Community. This rezoning will require a site specific development review to be
examined and processed as a next step and once designed, having a property with the appropriate zoning to
site a Community Housing project, will improve the Town of Avon’s chances in receiving vital grant funding for
this type of Community Housing project. Preparing to create new housing projects with having available land at
the ready without finished concept plans is becoming as essential as having full design plans ready moving
forward.
As mentioned as a “next step”, the Town will engage in obtaining a consultant to investigate preliminary
engineering designs for this project. During this process, the Town will ensure that all underlying code
requirements for the requested zone district will be met, as this assessment proceeds.
(2) Consistency with the Avon Comprehensive Plan;
Applicant Response: On the first page of the Avon Community Housing Plan it quotes the recently updated
Avon Comprehensive Plan where, “Avon’s vision is to provide a high quality of life, today and in the future,
for a diverse population; and to promote their ability to live, work, visit, and recreate in the community.” It
goes on to state, “The Potential community benefits of increasing Community Housing efforts include:
East Avon Preserve Rezoning Application May 9, 2024
Page 4 of 8
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents and
businesses;
• Greater ability to retain individuals and families throughout life and career phases, strengthening
the sense of community, opportunity, and quality of life;
• Increase Community Housing supply for job recruitment purposes;
• Create Community Housing in closer proximity to job centers with pedestrian connections and
availability of transit, in alignment with the Climate Action Plan goals.”
Goal 1 of this same plan is to, “Achieve a diverse range of housing densities, styles, and types, including rental
and for sale, to serve all segments of the population.” This rezoning offers the Town a parcel of land that is set
up and ready to invest in, for projects like the one that would be an asset at this location. Most likely, housing
at this location would be in alignment with income targets of 120-140% of AMI or greater, given the potential
infrastructure improvements needed. Having this parcel rezoned with a Community Housing zone district,
allows the Town to find and apply for housing grants to help offset these significant costs.
In Section E. Housing, two other policies reflect the goals of the Town for this project: Policy E.1.6: Actively
plan for Community Housing developments on Town-owned lands, and, Policy E.1.7: Encourage Community
Housing development on non-Town-owned lands as primary developments, or as a significant component
within developments, whenever practicable.
Town Council recently added a new section of the
Comp Plan (“District 12”), specific to the East Avon
Parcel. Within this section it states that, “The East Avon
District will be a Community Housing neighborhood
connected to Wagon Trail Road and a multi-use path.
The district enjoys extensive views and ample south-
facing orientation for passive-solar-designed buildings.
The district is also highly visible from I-70 and across
the Eagle River Valley. The architectural design of
Community Housing on this site should be elevated to
demonstrate a strong example of Avon’s residential
design standards and goals.” Further, “The East Avon
District will be connected to and integrated with a trail
system on the adjacent District 8 trail system.
Development may include a variety of Community
Housing types for local workers.”
The Future Land Use Plan establishes preferred development patterns by designating land use categories for
specific geographical locations. While land use designations depicted on the land use map do not supersede
the Town’s zoning districts and regulations, they display general land use categories as a visual guide for the
community based on the goals, objectives, and policies presented within this document. Currently, the
Comprehensive Plan is being amended to have the site designated as Community Housing, as shown in the
image, right.
East Avon Preserve Rezoning Application May 9, 2024
Page 5 of 8
Updating land use regulations with new
development tools is also supported by the
Avon Comprehensive Plan Policy C.1.1,
which recommends to: Regularly update and
enhance the Avon land use regulations
and District Master Plans for innovative
design approaches and positive
development outcomes. The
Comprehensive Plan is approaching a
complete update (potentially 2025); however,
the approved update with Ordinance 24-02
centered on Community Housing works in
harmony with this proposed zone change.
Recently, the Town adopted the addition of
five (5) new Community Housing zone
districts within the Avon Municipal Code to ensure this regulatory element is up to date concerning density
maximums and definitive design “minimums.” If these zone districts are not quite “enough” to capture desired
design alternatives, the Development Bonus process is available to help with projects on a case-by-case basis.
The Community Housing Plan supports this action by encouraging “…incentives and regulations to create a
policy environment that is favorable for local housing.” Effectively, having several Community Housing
tools available to assist with potential projects, including design flexibility, ensures that targeted areas for
Community Housing align with the Town’s housing goals, which is the first step in thinking ahead, adequately
planning housing policies, and obtaining funding.
To encourage new development and redevelopment, Avon has to have various appropriate tools to support
projects that are best for the community and help attract project partners. In this case, preparing town-owned
lands to receive housing projects, as advocated by the Comprehensive and Avon Community Housing plans,
while being open to expanding on what kinds of housing programs are needed to support these efforts, is the
first step in responding to the housing crisis.
(3) Physical suitability of the land for the proposed development or subdivision;
Applicant Response: Although this property has significant grade changes the property is suitable for
development where slopes are identified less 40% (see images next page and Exhibit A). A scenic property, I-
70 noise will be a factor when considering the overall site layout and structure orientation. Staff anticipates that
in working with both the terrain and other factors like noise and visual impacts, a very considerate development
overall will be the result that creates a very desirable neighborhood for workers.
Infrastructure including roads and utilities, will need to be installed for this property. Initial design preliminaries
have been evaluated, as Staff knows that the existing Wagon Trail Road will need to be extended through and
or adjacent to the preserve as the Village (at Avon) plans to use this road to serve portions of the VAA to the
north and east of the subject property; this road may also one day connect to the proposed State Land Board
development in Eagle Vail. Currently, water and sewer is available in Wagon Trail Road, and generally, Wagon
Trail Road is suffcieint for the main access road leading to this development area. The most significant piece of
the development puzzle is the needed water storage tank for this area. The Town is in discussions with the
Village (at Avon) regarding this aspect of the project.
This site does not contain any significant wildlife habitat; however, it is used by mule deer as general summer
and winter range, as well as a general migration corridor stretching from Gypsum to Dowd Junction.
East Avon Preserve Rezoning Application May 9, 2024
Page 6 of 8
Image: Looking East from Wagon Trail Road 2023
Image: Looking West from Wagon Trail Road 2023
(4) Compatibility with surrounding land uses;
Applicant Response: The rezoning of this property to Community Housing Medium Density is appropriate
given that this property is within walking distance to future mixed-use neighborhood residential uses and
commercial offerings like restaurants, transit, healthcare, and other services slated for Village (at Avon) Area J.
The (future) P3 recreation area is also within walking distance. Further, using the medium density housing
types will result in a more thoughtful design that may integrate into the topography better than using large
structures that require more significant grading
Development on this site will not have an adverse effect- or any impact, to neighboring properties as there are
no directly adjacent developments to this location given the expectations of the slope analysis (there is a small
buffer between this property and neighboring Area J). Development on this site will not impede views from any
other existing developments, nor detract from the viability of the surrounding land uses.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;
East Avon Preserve Rezoning Application May 9, 2024
Page 7 of 8
Applicant Response: This rezoning is being sought directly in response changed conditions or housing
crisis Avon is experiencing and as mentioned earlier within this report. Namely, responding to the need to
invest in a diverse number of housing projects needed to support Avon’s economy, and in offering options for
Community Housing unlike any project within the Town of Avon currently.
(6) Whether there are adequate facilities available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;
Applicant Response: This site is in excellent proximity to all necessary infrastructure without jeopardizing
any existing development, including the availability of water and sewer. The Town will seek these services
from the Eagle River Water and Sanitation District as a next step in the entitlement process.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
Applicant Response: The purpose of the Community Housing Medium Density (CHHD) is to accommodate
a workforce neighborhood development in a cost effective configuration, with a construction type and density
that permits a number of residential units with a maximum of three (3) stories of residential on sloped lands.
The recent Comprehensive Plan Amendment purposefully did not add suggested zone districts to the Future
Land Use Map so that individual projects would apply which Community Housing zone would best suit a
particular site, given its location and compatibility with neighboring developments. While it is imperative to
maximize density when designing a project for genuinely affordable housing units, it is also necessary to find
balance in developing a project that is not only within walking distance of amenities, services, and transit but
that a project should not overwhelm a parcel or result in significant site disturbance – especially a parcel like
the East Avon Preserve, which is a highly-visual site as you approach Avon.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon
the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated;
Applicant Response: As mentioned previously, this site deserves a very thoughtful approach in its design
to create a project respectful to the property’s slopes and drainage, and its high visibility. This will be
accomplished by designing in accordance with the topography. As mentioned in the finding for property
suitability, there are no significant impacts anticipated to vegetation, wildlife, or to the natural environment, if
we use the slopes to our advantage. In regard to air quality, best practices will be used at all times for dust
control, as is required by the State of Colorado. Where noise is concerned, this area has existing vehicle
noise due to I-70. Largely generated during working hours, situating a residential development on this site
should not be an issue after typical working hours, as travel dissipates on I-70 – especially if landscaping
acts as a buffer between the residences and the interstate.
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract;
Applicant Response: Development of this site in the future will change the “feel” of the area in having a
residential development on a parcel that has been largely vacant for decades; however, that argument could
be made for any long-standing vacant parcel. In this case, it will not have any adverse impacts to the
neighboring properties, and the Village (at Avon) has approvals for development on three sides of this parcel.
Public transit is already accommodated near this location, and this site is highly walkable to neighboring
restaurants, parks, and other amenities.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and
Applicant Response: Not applicable.
East Avon Preserve Rezoning Application May 9, 2024
Page 8 of 8
(11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.
Applicant Response: The Town will thoughtfully and thoroughly design a project that is properly mitigated
in changing its current use to residential. This will include any infrastructure modifications or expansions. As
previously mentioned, having existing water and sewer and public transit in proximity to this location within a
developed roadway is helpful.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria,
which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to
administratively approve a development application. The reviewing authority shall be the PZC and/or
Town Council for all development applications which are subject to public hearing. The reviewing
authority shall review development applications for compliance with all relevant standards and criteria
as set forth in the specific procedures for the particular application in this Development Code, as well as
the following general criteria which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application.
Applicant Response: This rezoning application is complete. Applicant believes sufficient information exists
to allow Council to review this application with the review criteria. Further, the recently approved code text
amendment application directly reflects the amendment to the Avon Comprehensive Plan, that now recognizes
this area specifically whereas previously, no guidance for this area existed (in the Comp Plan). This rezoning
application will not impact demands for public services or infrastructure because it is not a true development
application; instead, it is simply a rezoning for a Town-owned property slated for the future planning
surrounding a potential Community Housing project.
CONCLUSION: If the Town is successful in achieving this rezoning, the following development generalized “next
steps” or actions will occur:
• Pursuing development/infrastructure and housing grants for this project;
• Obtaining consultants to produce geotechnical reports;
• Producing an RFP for potential design services;
• Pursuing potential community development partners;
• Creating a concept plan to be examined by the Planning and Zoning Commission and Town Council.
This rezoning is an excellent first step in setting up the Town to pursue funding and in implementing a 100%, deed
restricted Community Housing project for Avon. Doing entitlement work in 2024 even before having any design plans,
positions the Town to more effectively plan for growth and in looking at the economic viability moving forward.
Importantly, in increasing our housing portfolio and in recognizing our essential workforce needs, Avon becomes an
even greater community.
EXHIBIT A – East Avon Parcel Mapping Exhibit
EXHIBIT B – IGA Between Avon and EC
EXHIBIT A
East Avon Preserve
Community Housing
POTENTIAL ACCESS ALIGNMENTS (Option 1 preferred)
POTENTIAL DEVELOPMENT AREA
POTENTIAL REZONING
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE AND
THE TOWN OF A VON
This Intergovernmental Agreement ("Agreement") is made this C\ � day of
, 2013, by and between the County of Eagle, State of Colorado, a body corporate�� and politic ("County") and the Town of Avon, a Colorado home rule municipal corporation ("Town"), (individually referred to as "Party" and collectively as "Parties").
WITNESS ETH
WHEREAS, the White River National Forest - Eagle/Holy Cross Ranger District initiated a multi-party land exchange involving Eagle County, the Colorado State Board of Land Commissioners, the Upper Eagle Regional Water Authority, and the United States Forest Service ("Land Exchange");
WHEREAS, the Town has acquired two parcels of land from the United States government
as a result of the Land Exchange, dated � ct, )-Q2i by and among the State of Colorado State
Board of Land Commissioners, the Upp�l� River Water Authority, Eagle County, and the
United States of America Forest Service, which parcels are described as: the West Avon Parcel
containing approximately 478.09 acres and located within the Town of Avon; and, the Village
Parcel, containing approximately 85.99 acres and located within in Eagle County;
WHEREAS, the Village Parcel is bounded on three sides by the Village (at Avon) PUD
project area and the Village Parcel is situated such that road and trail access across the Village
Parcel may be the best alignment for com1ection to the lower and eastern most portions of the
Village (at Avon) PUD project area;
WHEREAS, the Town adopted Resolution No. 11-12 A RESOLUTION REPEALING
RESOLUTION 11-09 AND APPROVING A NEW RESOLUTION BY THE AVON TOWN
COUNCIL SUPPORTING A MULTI-PARTY LAND EXCHANGE LOCATED IN THE
WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO
THE CONSERVATION EASEMENTS ON THE WEST AVON PARCEL AND THE
VILLAGE PARCEL which stated the policy to reserve from any conservation easement
recreational trails, approximately 6 acres of land for affordable housing and community facilities
on the Village Parcel, and a potential future easement or easements for a road and trail
connecting Plam1ing Area RMF-1 to Plam1ing Area M (as defined in the 1998 Village (at Avon)
PUD map) on the Village Parcel;
WHEREAS, the Town is not able to determine the specific alignment and location of such
uses to be reserved from a conservation easement at this time but Town desires .to make a
commitment to the County that a conservation easement will be granted for the Village Parcel in
the future and further desires to cooperate effectively with the County to promote the efficient
Engle County-Town of Avon 2013 !GA Village Parcel Conservation Easement
Page 1 of 4
Jan. 22, 2013 FINAL
EXHIBIT B
IGA EC-TOA EAST AVON PRESERVE
Note: This document was originally scanned and may have
conflicts due to handwriting and signatures over text
1
achievement of important community goals for Eagle County residents, including but not limited
to residents of the Town of Avon; and,
WHEREAS, this Intergovernmental Agreement is authorized pursuant to §29 -1 -201 and
30 -11 -101, Colorado Revised Statutes, as amended; Article XIV, Section 18, of the Colorado
Constitution; and Section 16.2 of the Avon Home Rule Charter.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the Parties agree as follows:
1. Future Conservation Easement. The Town agrees that Town will grant to Eagle Valley
Land Trust, or other appropriate organization mutually acceptable to Town and County, a
conservation easement ( "Future Conservation Easement ") on the portion of the Village
Parcel remaining after the determination of the location and alignment of roadways and trails
and after determining the boundaries of a reserved area for affordable housing and
community facilities. The Future Conservation Easement shall restrict and protect the
remaining portion of the Village Parcel as open space in its natural state, shall allow passive
recreation activities, and shall generally include such other terms as are included in the
conservation easement on the West Avon Parcel or shall include such terns as Town and
County mutually agree. The Town agrees that the area for affordable housing and
community facilities shall be no greater than 6.5 acres without approval by the County and
that the location shall be generally on the northwest conger of the Village Parcel as depicted
in Resolution No. 11 -12 of the Town of Avon, attached hereto as Exhibit "A" and
incorporated herein.
2. Cooperation on Affordable Housing. Town agrees to actively explore cooperative or
partnership efforts with County to promote cost effective, energy efficient, environmentally
and architecturally appropriate, affordable housing projects on the portion of the Village
Parcel reserved for such purpose.
3. Future Maintenance Agreement. Simultaneously with the conveyance of the Future
Conservation Easement, Town and County agree to enter into a maintenance agreement to set
forth the Town's obligations with respect to the use and maintenance of the Village Parcel
the "Future Maintenance Agreement "). The Future Maintenance Agreement will provide
for inspections of trail conditions, fencing, if any, status and condition of signage and other
improvements, and a review of maintenance levels. The Town and County shall
cooperatively and mutually detennine what additional maintenance, if any, may be necessary
or desired, for the Village Parcel. The Town and County may update or revise the Future
Maintenance Agreement as may be mutually determined.
4. Costs. Town shall be responsible for and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep, and maintenance of the Village Parcel, and any
improvements or trails thereon. All maintenance obligations of the Town under this
Cagle County —Town of Avon 2013 1 G Village Pa reel Conservation Casement
Page 2 of 4
Jan. 22, 2013 FINAL
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Agreement are subject to funds being budgeted and appropriated. Eagle County shall not be
responsible for any such costs or liabilities associated with the Village Parcel.
5. Term. This Agreement is effective from this day forward, until the earlier of (a) the date
which the Town grants a conservation easement on the Village Parcel in accordance with the
terms in this Agreement or (b) December 31, 2037.
Notices. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town and the County, under this Agreement, shall be in writing and
shall be deemed to have given or served, if delivered or if mailed by certified mail, postage
prepaid or hand delivered to the Parties as follows:
Town of Avon:
Town of Avon
One Lake Street
PO Box 975
Avon, CO 81620
Attn: Town Manager
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Either Party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of change of
address given in the mamler set forth in this section.
7. Third Party Beneficiary. This Agreement does not and shall not be deemed to confer upon
or grant to any third party any right to claim damages or to bring any lawsuit, action or other
proceedings against either the Town or the County because of any breach hereof or because
of any terms, covenants, agreements or conditions contained herein.
8. Amendments. No modification or waiver of this Agreement or of any covenant, condition,
or provision herein contained shall be valid unless in writing and duly executed by the Party
to be charged therewith.
9. Entire Agreement. This written Agreement embodies the whole agreement between the
Parties hereto and there are no inducements, promises, terms, conditions, or obligations made
or entered into either by the County or the Town other than those contained herein.
10. Assignment. This Agreement shall be binding upon the respective Parties hereto, their
successors or assigns and may not be assigned by anyone without the prior written consent of
the other respective Party hereto. Such approval shall not be unreasonably withheld, but any
unapproved assignment is void.
Eagle County —Town of Avon 2013 IGA Village Parcel Conservation Easement
Page 3 of 4
Jan. 22, 2013 FINAL
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11. Severability. All agreements and covenants herein are severable, and in the event that any
of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be
interpreted as if such invalid agreement or covenant were not contained herein.
12. Authority. The Town has represented to the County and, likewise, the County has
represented to the Town, that each possesses the legal ability to enter into this Agreement. In
the event that a court of competent jurisdiction determines that either of the Parties hereto did
not possess the legal ability to enter into this Agreement, this Agreement shall be considered
null and void as of the date of such Court detem1ination.
13. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado. The Parties agree that venue for any dispute regarding this
Agreement shall be proper in Eagle County, Colorado.
IN WITNESS WHEREOF, the Paiiies hereto have executed this Agreement the day and
year first above written.
ATTEST:
By: ------------Clerk to the Board of
County Commissioners
ATTEST:
COUNTY OF EAGLE, STA TE OF
COLORADO, by and through its
BOA F COUNTY MMISSIONERS
TOWN OF AVON
y: ____________ _ Rich Can-oll, Mayor
Eagle County-Town of Avon 2013 IGA Village Parcel Conservation Easement
Page 4 of 4
Jan. 22, 2013 FINAL
4
970-390-2014 Page 1 of 9 ewilson@avon.org
TO: Honorable Mayor Phillips and Council Members
FROM: Eva Wilson, Public Works Director
RE: Update on the 2024 Capital Improvements Projects
DATE: May 6, 2024
SUMMARY: This memo provides Town Council an update on the status of the 2024 Capital
Improvements Projects (CIP) Program. There are 78 projects/contributions in the 2024 CIP Program totaling
approximately $23.3M Fourty-five (45) projects are active or completed. Thirty (30) projects are waiting for
staff availability. CIP Projects are managed by the Engineering, Facilities, and Operations Staff.
Communication and Technology projects are managed by the IT staff.
BACKGROUND: CIP is primarily funded with the 2% real estate transfer tax (RETT). Avon avoids
disruptive construction in the Town core between Memorial Day to Labor Day. The cost of capital
improvement projects is most effectively reduced with thorough planning and design prior to bidding for
construction. Due to the construction season cycles and the high demand for construction work, an
effective process to manage costs requires planning and design in the first year for a new project, and then
soliciting projects between Oct to Jan for construction the following year.
CIP PROJECT SUMMARY: Active projects Titles are bolded. Some CIP Projects have been combined
into one heading for brevity.
FACILITIES PROJECTS:
1. Public Works Garage Construction: Construct a 5-bay Garage to house snowplows, equipment,
and vehicles.
a. Budget: $1.6M American Rescue Plan Act (ARPA) Funds
b. Status: Bidding Process; Tentative: Construction June 2024 to May 2025
2. Fleet Maintenance EDPM Roof Replacement: Replace waterproof membrane and install
Photovoltaic Array System.
a. Budget: 460K
b. Schedule: Awaiting staff availability
3. ARTF HVAC Separation: Exhause Fumes from the parking bay are being circulated around the
entire building and into the office area. Project separates the HVAC system to stop the infiltration.
a. Budget: $18K Design Complete; $150,000 Construction
b. Status: Seeking Contractor
4. Recreation Center Aquatics Deck Repair: The Pool deck is in very poor condition. Concrete
pool deck and trench drain replacement are needed for both safety and cosmetic purposes.
Several areas have settled, often adjacent to trench drains, creating an uneven surface and trip
hazard. Additionally, the HVAC ductwork located under the deck in the pool area has deteriorated
from water exposure and will need to be replaced
970-390-2014 Page 2 of 9 ewilson@avon.org
a. Budget: $800K
b. Status: Preliminary Engineering
5. IT Office Expansion: The IT Dept added one staff. IT Office area needed to be expanded into the
adjacent office to add the additional workstation. Existing IT furniture was from the old Town Hall.
The new furniture is the Town standard.
a. Budget: $30K
b. Status: Three new workstations are in place. Waiting for bookshelves and cabinets
6. PD Cooling Tower Chemical loop pump: The pump (inhibitors) will protect the cooling tower.
Balances the water/alkalinity.
a. Budget: $12K
b. Status: Working on Quotes
7. Fleet Compressor System Repair: The Project will replace the Compressor that delivers liquids
and air to bays.
a. Budget: $40K
b. Status: Delivery and Install ~ 5/15/2024
8. Swim Area Anchors in Harry A. Nottingham Lake: Anchors are needed to hold floating buoys to
delineate the swim area. The ad-hoc anchors made with concrete in buckets and ropes are an
entanglement danger. The new, heavier anchors will reduce the number of anchors and ropes
needed to reduce entanglement danger.
a. Budget: $10K
b. Status: Placement is scheduled for May 20, 2024
9. Fleet Maintenance – Vehicle Lifts Repair: The Fleet’s vehicle lifts are broken and need to be
replaced. A CDOT Transit Grant will help pay for new lifts.
a. Budget: CDOT Transit Grant $256K
b. Status: Awaiting CDOT Grant Contract before proceeding
10. Performing Stage – Lighting and Signage: Line Array Lights – Station controllable light – by
Production Company. (Upgrade House Lighting)
a. Budget: $50K
b. Status: Council has selected the stage sign design and the design is being fabricated.
Seeking proposal for an in-house production lighting upgrade.
11. Pool Area LED Replacement: All the overhead lights in the pool area will be replaced with the
more energy-efficient LED lights.
a. Budget: $100K
b. Status: Schedule during Avon Rec Center Closure May 4-17, 2024
970-390-2014 Page 3 of 9 ewilson@avon.org
12. Fitness Court Removal Design: The fitness court is not appropriate for the area. The fitness court
will be donated/removed and a picnic pavilion will be designed.
a. Budget $30K
b. Status: Awaiting Staff availability
13. Improve Rear Access to Rec Center: The rear access driveway at the Rec Center is awkwardly
built and poses a safety concern with the steep drop. This project will realign the driveway and add
railings at the steep dropoff.
a. Budget $150K
b. Status: Awaiting Staff Availability
14. Rec Center Building Key Card Access: The Rec Center access system is antiquated and needs
to be updated to the Town-wide system.
a. Budget: $50K
b. Status: Contractor currently working on Town Hall and ARTF. Rec Center will be next.
15. Rec Center additional 8 new cameras: There are several blind spots at the Rec Center. For
security and safety, cameras will be added to eliminate those blind spots.
a. Budget: 25K
b. Status: Soliciting quotes
16. Metcalf Cabin/Parks Garage planning: Council desires to relocate Metcalf Cabin and construct a
2nd Green Room for Special Events.
a. Budget: $50k
b. Status: Awaiting Staff Availability
17. Rec Center Furniture Replacement: The antiquated climbing wall is seldom used. Project
removes the climbing wall and adds an additional seating area.
a. Budget: $15K
b. Status: Furniture Ordered.
18. ARTF Furniture for Facilities: The Facilities Division needs to vacate the old modular building for
the construction of the Public Works Garage. The Staff will be moving into the ARTF sign shop
and requires furniture. The sign shop was relocated to the Parks Garage.
a. Budget: $50K
b. Status: Furniture Ordered.
19. Monument Signs for Parks and Rec Center:
a. Budget: $75K
b. Status: Designed Complete; Ready to order; Construction in July 2024
970-390-2014 Page 4 of 9 ewilson@avon.org
PARKS AND OPEN SPACE PROJECTS:
20. Harry A. Nottingham Park East Bathroom and Skate Park: Install Modular Bathrooms, relocate
utilities, and prepare for skatepark construction. The Skatepark is a separate project awaiting
grants.
a. Budget: TBD
b. Status: In Design; Phase 1, Modular Bathroom RFP – June 2024; Construction Fall 2024
c.
21. Saddleridge Park Refresh: Saddleridge Park is dated with a basketball court in poor condition. The
project will assess the playground equipment, play area surface, basketball court surface, and
hoop.
a. Budget: $100K
b. Status: Awaiting Staff Availability
22. Water Fountain Replacement: This project will replace four (4) antiquated water fountains at
Harry A. Nottingham Park, O’Neal Spur Park, and Saddleridge Park. The new water fountains will
be ADA-accessible.
a. Budget: $75K
b. Status: Design Complete; Seeking Contractor
23. Eaglebend Park Improvements: Upgrades include new playground equipment, picnic table area,
porta-potty, and parking
a. Budget: $550K (GOCO Grant: $350K)
b. Status: In Design; RFP May 2024; Construction Summer 2024
24. Lower Athletic Field Trail Improvements: Project will reconstruct the trail to improve pavement
conditions and accessibility. The project will also construct a new segment of trail west to W. Beaver
Creek Blvd. along the railroad right of Way. The project includes landscaping, utility relocations, and
drainage improvements.
a. Budget: $866K
b. Status: Construction Awarded: Construction Start – April 29, 2024 to June 14, 2024
25. Hurd Lane Trail Improvements: Project will repair trail pavement.
a. Budget: $205K
b. Status: Construction Awarded: Tentative schedule – May 2024 to July 2024
26. Eagle Valley Trail: Project will repair trail pavement.
a. Budget: $325K
b. Status: Construction Awarded: Tentative schedule – May 2024 to July 2024
27. O’Neal Spur Park Improvements Design:
a. Budget: $25K
b. Status: Awaiting Staff Availability
970-390-2014 Page 5 of 9 ewilson@avon.org
28. EV Charging Station at PD: Project will install two (2) level 2 Charging Stations in preparation for
PD’s new electric vehicles.
a. Budget: $100K
b. Status: Planning
29. Art Pedestal Repairs and Solar Light Install
a. Budget: $75K
b. Status: Deferred to Spring 2025
30. H.A.N. Irrigation System Construction: Project will replace Avon’s antiquated irrigation system.
a. Budget: $750K
b. Status: Awaiting Staff Availability
31. Railing Repairs at Village At Avon: Project will repair and paint railings.
a. Budget: $35K
b. Status: Contract Awarded – Construction May/June 2024
32. Post Blvd Irrigation Repair: Project will repair Post Blvd’s Irrigation System
a. Budget: $150K
b. Status: Contract Awarded – Repair started
33. West Restrooms Design: Project will design a permanent bathroom by the east courts.
a. Budget: $60K
b. Status: Awaiting Staff Availability
34. Special Events Meridian Barriers: Project will enhance safety and security.
a. Budget: $65,238
b. Status: Completed - Deployed
STREETS AND PARKING:
35. O’Neal Spur Park Parking Lot Rebuild: Project will reconstruct the O’Neal Spur Rd Parking Lot.
a. Budget:
b. Status: Awaiting Staff Availability
36. Retaining Wall Repairs - Nottingham & Swift Gulch Rd: Project will repair the retaining wall on
the Nottingham Rd trail.
a. Budget: $200K
b. Status: In Design – Construction in May 2024
37. Avon Road Safety Improvements – Flashing Beacons: Project will add nine (9) Pedestrian
Flashing Beacons on Avon Road.
a. Budget: $500K
b. Status: In Design – CDOT Grant $440K - Construction in 2025
970-390-2014 Page 6 of 9 ewilson@avon.org
38. W. B/C Blvd. - Concrete Repairs: Project will repair curbs, curb ramps, gutters, and sidewalks on
WBCB.
a. Budget: $223K
b. Status: Awaiting Staff Availability
39. US Hwy 6 Safety and Mobility Improvements Project: Project will install a traffic signal at the
US6/Stonebridge Dr intersection to enable the installation of a pedestrian crossing. At the other
three locations, CDOT supports adding wide medians and refuge islands but Ped crossing
pavement markings and Rectrangular Rapid Flashing Beacons RRFBs will not be permitted at this
time.
a. Budget: $3.5M
b. Status: In Design; Construction in 2025
40. Upper Buck Creek Repairs / Asphalt Overlay: Project will repair approximately 5,478 feet of
roadway between the Upper Bridge and the Wildwood Road intersection. This section of Buck
Creek Road was last paved in 2002. Work will include Asphalt Milling, Asphalt Repair, Guardrail
Adjustment and Replacement in Select Areas, Asphalt Overlay, Shouldering, and Pavement
Marking Along the Length of the Road.
a. Budget: $1M
b. Status: Contract Awarded Grand River Construction Co. Construction May 2024.
41. Swift Gulch Road - Buffalo Ridge Asphalt Overlay: Project will repair approximately 3,946 feet
in length from the entrance to the Town’s Public Works Facility at 500 Swift Gulch Road to the east
end of Buffalo Ridge.
a. Budget: $800K
b. Status: Bid Review – Sep to Oct 2024
42. Old Trail Road Asphalt Overlay: Project will repair approximately 3,600 feet in length of Old Trail
Road.
a. Budget: $790K
b. Status: Awaiting Staff Availability
43. WBCB River Bridge Deck Repair Railing Upgrade: Project will repair potholes and spalls in deck
and wearing surface, patch spalls and scaling in rail parapets, remove thin bonded epoxy and chip
overlay, scarify concrete deck surface, place polyester polymer concrete overlay, remove debris
from the bearing seats, address deficiencies in the light pole bases, and evaluate existing guardrail
structure and design a replacement/upgrade that meets ADA/PROWAG guidelines.
a. Budget: $435,500K ($348,397)
b. Status: In Design; Construction 2025
44. Annual Guard Rail Repair: Ongoing maintenance and repair of guardrails around Town.
a. Budget: $40K
b. Status: On-going
970-390-2014 Page 7 of 9 ewilson@avon.org
45. June Creek Emergency Access: The project widens the southerly portion of June Creek Trail
which is located in Berry Creek Metropolitan District to 10’ to enable vehicle access during
Emergencies and Wildfire conditions. Work includes clearing and grubbing, earthwork, retaining
walls, drainage improvements, and the installation of two gates.
a. Budget: $327,325K
b. Status: Contract Awarded; Construction May 1st, June 30, 2024
46. I-70 Off-Ramp Streetlight Repair
a. Budget: $50K
b. Status: Awaiting Staff Availability
47. Town-Wide Retaining Wall Structures Analysis
a. Budget: $80K
b. Status: Awaiting Staff Availability
48. Post Blvd. Asphalt Overlay
a. Budget: $2.75MK
b. Status: Awaiting Staff Availability
49. Riverfront/Ped Mall Manhole Repairs: Raised manhole has created a safety hazard on Riverfront
Lane. The project will lower the manhole and repair the concrete pad and drainage pan.
a. Budget: $45K
b. Status: Completed
50. Tract A DC Fast Chargers (4): Project will install 4 DC Fast Chargers in the parking lot adjacent to
Christy Sports.
a. Budget: $775K
b. Status: Planning – Colorado Energy Office Grant Awarded $560K
51. W. Main Street Mall Improvements: Project will extend the Pedestrian Mall to the east and add
pedestrian crossings.
a. Budget: $1.5M
b. Status: Awaiting Staff Availability
DRAINAGE PROJECTS:
52. Tract A Drainage Improvements Design: Project will regrade the parking lot adjacent to Christy
Sports for proper drainage.
a. Budget: $50K
b. Status: Awaiting Staff Availability
On July 22, 2021, a heavy and intense storm event caused major damage and closed I-70 and Swift Gulch
Rd for several hours. The storm event brought 0.8 to 2.5 inches of rain within an hour on the hillside north
of I70. The subsequent runoff caused the largest water and mud flows seen in decades. Flood Mitigation
Study identified the below two flood mitigation projects estimated at $2M:
970-390-2014 Page 8 of 9 ewilson@avon.org
53. 330 Nottingham Road Drainage Improvements: Sonnen Halde: $1.1M. Replacing the culvert
under Nottingham Road; Re-grading swales/parking lots; constructing berms, curbs, and gutters.
a. Budget: $575K for local Match
b. Status: 2024 FEMA Grant Submitted; Awaiting Summer Announcement
54. 400 WBCB Drainage Improvements: Beaver Bench: $900K. Re-grading swales/parking lots;
constructing berms, curbs, and gutters.
a. Budget: $575K for local Match
b. Status: 2024 FEMA Grant Submitted; Awaiting Summer Announcement
55. Nottingham Rd Basin 4 Erosion Control: The project includes clearing and grubbing, erosion
control, channel, and sediment pond grading, excess material haul-off, flexamat installation,
concrete weir installation, soil preparation, seeding, and asphalt driveway replacement within the
project area.
a. Budget: $400K
b. Status: Contract Awarded; Construction April 22 to June 30, 2024.
56. Puder Ditch Headgate Repair: Project will upgrade the Puder Ditch Headgate and repair the
diversion wall.
a. Budget: $675K
b. Status: Awaiting Staff Availability
57. Nottingham Reservoir Repairs: Project will make repairs to the emergency spillway and clear
encroaching vegetation.
a. Budget: $100K
b. Status: Planning
UTILITIES:
58. Power Line Undergrounding: Project will relocate utilities at the Old Town Hall Site.
a. Budget: $120K
b. Status: Awaiting Staff Availability
59. Broadband (Connection to Thor and Avon PD): Project will extend CDOT fiber at the I70 Off-Ramp
to the server room at the Police Department.
a. Budget: $125K
b. Status: Awaiting Direction
60. Nottingham Park Wi-Fi Access: Project will provide WIFI at the upper field in the Harry A.
Nottingham Park.
a. Budget: $150K
b. Status: Phase 1 (Upper Field) Completed. 2) beach 3) pickleball
970-390-2014 Page 9 of 9 ewilson@avon.org
61. Council Chambers AV Improvements: The Planning Dept seeks plug-and-play meeting
technology.
a. Budget: $10K
b. Status: IT is researching options.
62. Rec Center AV/WIFI upgrades: Upgrading Audio and WIFI upgrades – Robert.
a. Budget: $65K
b. Status: Awaiting Staff Availability
63. Recycling Center Upgrade: Project will repair the asphalt pavement and add concrete pads for
the Styrofoam densifier and Cardboard compactor.
a. Budget: $110K
b. Status: In design - $10K; Construction Summer 2024
Thank you, Eva
2024
Capital Improvements
Project Update
Eva Wilson, Public Works Director
Capital Improvements Project Update
May 14, 2024
Capital Improvement Program:
Capital Improvements Project Update
May 14, 2024
-Funded with 2% Real Estate Transfer Tax
-Supplement with Grants
-Goal: Design this year for next year construction
-Optimal time for Construction Bidding Oct –Jan
Mountain Resort Challenges:
-Short Construction Season –May to October
-Avoid Construction in the Town Core
-Between Memorial Day to Labor Day
-Less competition
-Construction is Messy
-National Inflation in Construction
Capital Improvements Project Update
May 14, 2024
Colorado Construction Cost Index:
Capital Improvements Project Update
May 14, 2024
2024 CIP By the Numbers:
-78 CIP Projects/Contributions ($23,300,000*)
-4 Completed ($180,300)
-8 Design ($8,435,000)
-33 Design & Construction Projects ($9,200,000 ** Not include PW Garage)
-30 projects Awaiting Staff Time ($6,650,000)
-9 Projects funded with Grants ($5,100,000)
-Managed by Engineering, Facilities, and Operations
* Budgeted Amount and Actual Amount If Known
Capital Improvements Project Update
May 14, 2024
2024 Design & Construction Program
Capital Improvements Project Update
May 14, 2024
2024 Design Program
Capital Improvements Project Update
May 14, 2024
2024 CIP Projects Managed By Facilities
Capital Improvements Project Update
May 14, 2024
2024 CIP Projects Operations
Capital Improvements Project Update
May 14, 2024
2024 Facilities -Public Works Garage
May 14, 2024
Purpose: Construct 5-bay Garage to
house snowplows, equipment and
vehicle.
Budget: $0
ARPA Funds: $1.6M
Reserve Funds: ?
Project Status: Apparent Low bidder.
Notice of Award to Council, May 28,
2024
Low Bid: $4.1M (All Electric)
Scope: The Pool deck is very poor conditions.
Concrete pool deck and trench drain
replacement are needed Additionally, the
HVAC ductwork located under the deck in the
pool area has deteriorated from water
exposure and will need to be replaced
Budget: $800,000 (Estimate)
Project Status: Preliminary Engineering,
Construction Summer 2025
2024 Facilities -Recreation Center Aquatics Deck Repair
May 14, 2024
Scope: Expand Office Space to
accommodate 3 IT staff. Project will be
partially completed in-house by Facilities
Staff
•Reposition Wall Panels
•Replace old furniture
•Add electrical outlets/cables
Budget: $30,000
Project Status: WorkStation
completed. Shelves and cabinets
remaining.
2024 Facilities -IT Office Expansion
May 14, 2024
Scope:
•Anchors keep swim lane lines in
position
•Replace Ad hoc swim anchors
with commercial Swim Anchors
to reduce tie down lines
(entanglement danger)
Budget: $10,000
Project Status:
•Construction –May 20, 2024
Ad hoc Swim Anchors
Commercial Swim Anchors
2024 Facilities -Swim Area Anchors in Nottingham Lake
May 14, 2024
2024 Facilities -Fleet Vehicle Lifts Repair
May 14, 2024
Scope: Repair and Replace two
(2) Vehicle Lifts
•Repair in-ground lift
•Purchase mobile lifts
Budget: $320,000
Fund:
•CDOT Grant: $256,000
•CIP: $64,000
Project Status:
•Awaiting CDOT Contract
In-ground Lift Sample
2024 Facilities –Additional Lighting and Signage
May 14, 2024
Scope: : Enhance Stage Lighting and
Signage to improve
Production
•Add additional stage lighting
•Add Avon sign to stage
Budget: $50,000 (estimate)
Project Status:
•Design Approved by Council
•Soliciting quotes for lighting
Upgrade
2024 Facilities –Rec Center Furniture
May 14, 2024
Scope: Improve Recreation Center
Lobby Function, Expand Community
Use Space, Remove Under Utilized
Climbing Wall
•Remove Climbing Wall
•Purchase new furniture
Budget: $15,000
Project Status:
-Climbing Wall Removal May 4-17
-Furniture Ordered
Scope: nstall standardized monument
signs for all Town parks
Monument signs for the following Town
parks
1.O’Neal Spur Park
2.Saddleridge Pocket Park
3.Eaglebend Pocket Park
4.Recreation Center
Budget: $75,000
Status: Design Complete
•Construction Summer/Fall 2024
2024 Facilities -Monument Signs for Parks and Rec Center
May 14, 2024
Scope: Construct restrooms and
supporting improvements for general
park uses and special events
Budget: TBD (original project estimate)
Project Status:
Phase 1: Utility Relocation, Modular
Restrooms, Landscaping/Seating Wall,
Skate Plaza (Construction -Fall 2024)
Phase II: Skate Park (Construction –
Summer 2025)
Grants: $1M DOLA Grant Application
(pending)
2024 Parks and Open Space -Harry A. Nottingham Park East Improvements
May 14, 2024
Scope: Enhance Eaglebend Park
Budget: $550,000
(GOCO Grant-$375,000)
Project Status: In Design
Construction Summer 2024
2024 Parks and Open Space -Eaglebend Park Improvements
May 14, 2024
2024 Parks and Open Space -West Harry A. Nottingham Park Recreation Trail Replacement
May 14, 2024
Scope: Rebuild recreation trail, add
new recreation trail connection
Red: Full replacement, 8’ wide trail
path, light bollards, and landscaping
Green: Construct new connector trail,
8’ wide trail path, light bollards, and
landscaping
Project Cost:
•Design: $60,000
•Construction: $542,133
Project Status: Construction July to
Sep 2024.
2024 Parks and Open Space -Recreation Trail Reconstruction -Eagle Valley Trail
May 14, 2024
Scope: Maintain recreational trail
•Repair tree damaged asphalt trail
•Overlay trail
Budget:
•Design: In-house
•Construction: $307,140
Project Status: Construction May to
July 2024. Asphalt Plant delayed
Opening to May 15.
2024 Parks and Open Space -Hurd Lane Trail Improvements
May 14, 2024
Scope: Maintain recreational trail
•Repair tree damaged asphalt trail
•Overlay trail
Budget:
•Design: In-house
•Construction: $53,167
Project Status: Construction May to
July 2024.
2024 Parks and Open Space -Railing Repair at Village At Avon
May 14, 2024
Scope: Repair and Repaint Railing in the Village at Avon
Budget: $35,000
Project Status: Construction May/June 2024
2024 Parks and Open Space -Post Blvd Irrigation Repair
May 14, 2024
Scope: Post Blvd Irrigation was
installed in 2003 and needs
maintenance and repair
Budget: $150,000
Project Status: Repairs
Underway
Scope: Support Special Events and
provide additional safeguards for large
gatherings
-Purchase Meridian Barriers/Trailer
Budget: $65,238 (2024); $31,520
(2025)
Project Status:
-Ph1 Completed
-Ph 2 -2025
2024 Parks and Open Space -Special Events Meridian Barriers
May 14, 2024
2024 Streets and Parking -Avon Road Safety Improvements –Flashing Beacons
May 14, 2024
Scope: Add nine (9) pairs of
Pedestrian Flashing Beacons
Budget: $500,000
Project Status: In Design,
Construction 2024
Grants: $440,000
Scope: Traffic Signal,
Sidewalks, and Landscaped
Median Islands
Budget: $3,500,000
(Approved)
•$3M Awarded CDOT Grant
•$300K Avon CIP
•$200K Eagle County
2024 Streets and Parking -US6 Safety and Mobility Improvements Project
May 14, 2024
2024 Streets and Parking -Upper Buck Creek Repairs and Overlay
May 14, 2024
Scope: Mill and Overlay Upper
Buck Creek Road
Budget: 1,000,000
Project Status: Construction
May/June 2024
2024 Streets and Parking -Swift Gulch Road –Buffalo Ridge Asphalt Repairs and Overlay
May 14, 2024
Scope: Mill and Overlay Swift
Gulch Road
Budget: $800,000
Project Status: Construction
Sep/Oct 2024
2024 Streets and Parking -WBCB River Bridge Deck Repair and Railing Upgrade
May 14, 2024
Scope: Project will repair potholes and
spalls in deck and wearing surface,
patch spalls and scaling in rail
parapets, and upgrade existing
guardrail structure.
Budget: $435,500
Grants: $348,397
Project Status: In Design
Construction -2025
2024 Streets and Parking -June Creek Emergency Access Project
May 14, 2024
Scope: Enhance June Creek Trail
to provide access for Emergency
Responders and a 2nd egress.
Budget: $330,000
Project Status: Construction May
to June 2024
2024 Streets and Parking -Riverfront/Ped Mall Manhole Repair Project
May 14, 2024
Scope: Remove a roadway
safety hazard by lowering
manhole
Budget: $45,000
Project Status: Completed
Scope: Install four (4) additional DC Fast
Chargers on Town owned parking lot (Tract
A:parking adjacent to Christy Sports ).
Budget: $775,000 (estimate)
Grant Award: $560K
Project Status: Planning
2024 Streets and Parking –Tract A DC Fast Chargers (4) Plaza
May 14, 2024
Parks and Open Space –EV Charger at PD
May 14, 2024
Scope: Chargers will support PD
electric vehicles. Project will install
two (2) level 2 EV Charger (serving
4 vehicles)
Budget: $100,000
Project Status: Planning
2024 Drainage –Flood Mitigation Improvements
May 9, 2024
Scope -Debris Flow/Flooding
Mitigation:
•330 Nottingham Rd
•400 WBCB Blvd
•Berms
•Box Culvert
•Drainage/Sidewalk Improvements
•Parking Lot Regrade
Cost Estimate: $2M (Planning)
•$1.4M (Pursuing FEMA Grant)
•$600K (Local Match –Private &
Gov’t)
Scope: Debris Flow/Flooding
Mitigation -Basin 4 improvements
•Reshape Sedimentation Pond
•Reshape Flow Channel
•Install In-channel Weirs
•Install Erosion Control Flexamats
Budget: $400K
Project Status:
Construction May/Jun 2024
2024 Drainage –Nottingham Rd Basin 4 Erosion Control
May 14, 2024
2024 Drainage –Nottingham Reservoir Repairs
May 14, 2024
Scope: Repair and maintain Nottingham
Reservoir.Project will also investigate
and Install flow meter to measure
seepage flows
Budget: $100,000
Project Status: Planning
Facilities –Recreation Center –Key Card Access and Add 8 additional new cameras
May 14, 2024
Scope: Enhance Safety and Security at the
Recreation Center
Projects:
1.Bldg. Key Card Access -$50,000
2.Add 8 addition security Cameras -
$25,000
Project Status: Planning
2024 Utilities –Council Chambers AV Improvements
May 14, 2024
Scope: Improve hybrid meeting
functionality of Avon Council
Chambers:
•Install plug-n-play audio/visual
equipment to support hybrid
meetings without TV5 staff and
equipment.
Budget: $10,000
Project Status: IT ordered equipment.
Installation in the next couple weeks.
2024 Utilities –Recycling Center Upgrade
May 14, 2024
Scope: Upgrade recycling center
•Efficiently layout recycling equipment
•Repaving
•Provide power the site
Eagle County will provide a cardboard compactor.
Town of Avon received a grant for a polystyrene
compactor
Budget: $110,000 (pavement & electrical work)
Project Status: In Design, Construction Fall 2024
AVON REGULAR MEETING MINUTES
TUESDAY APRIL 23, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via
Zoom.us. Mayor Amy Phillips called the April 23, 2024, Council regular meeting to order at 5:00
p.m. A roll call was taken, and Councilors present in person were Rich Carroll, RJ Andrade,
Lindsay Hardy, Ruth Stanley, and Mayor Amy Phillips. Mayor Pro Tem Tamra Underwood and
Councilor Thuon were absent. They were joined by Deputy Town Manager Patty McKenny,
General Government Manager Ineke de Jong, Ms. Erica Romberg in representation of Interim
Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Community
Development Director Matt Pielsticker, Avon Rec Director Michael Labagh, Sustainability
Coordinator Charlotte Lin, and Avon Police Chief Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:54
Mayor Phillips initiated the meeting with the Agenda approval process. She noted for the
record that 4 pages were updated in the Council Packet earlier in the day, as related to Business
Item 5.2, where the questionnaires of PZC applicants Ms. Murad and Mr. Sipes were incorrect
and had Mr. Cooper’s questionnaire which was replaced with their correct questionnaire
responses. Without further discussion, Councilor Stanley motioned to approve the Agenda, as
presented. Councilor Hardy seconded the motion. It was approved with a 5-0 vote of those
present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:10
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:25
Mayor Phillips explained that public comment can be made by participating in the meeting in
person, via zoom’s video/audio, via telephone, or via email. She added that the public comment
section is intended for items not listed in the Agenda, and participation by members of the
public is limited to 3 minutes. She asked if there was any public comment from those present
in the room or virtually and no public comment was made in person nor virtually.
5. BUSINESS ITEMS
5.1. Presentation: Eagle Vail Trail Extension (Vail Valley Mountain Trails Alliance (VVMTA) Executive
Director Ernest Saeger)
Video Start Time: 00:03:05
Vail Valley Mountain Trails Alliance (VVMTA) Executive Director Ernest Saeger delivered his
presentation related to the Eagle Vail Trail Extension. Councilor Carroll asked if the NEPA review
by the Forest Service was still open and he was advised it was closed. Mr. Saeger offered that
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the public can access VVMTA.ORG, click on the news and blog section, and find additional
information on this project including a reference to the Forest Service and how to contact them
on it. Councilor Carroll also asked Mr. Saeger to explain what the VVMTA does, which he
summarized is to be a steward of the Trail system and connect the community with the
outdoors. No public comment was made in person nor virtually. As this was a presentation to
Council, no motion was made.
5.2. Planning & Zoning Commission Candidate Interviews and Appointments (Community
Development Director Matt Pielsticker)
Video Start Time: 00:15:00
Community Development Director Matt Pielsticker introduced the topic of Planning & Zoning
Commission Candidate Interviews and Appointments. He explained that the Town has
continually posted the opening on Avon.org/jobs as well as the Vail Daily job classifieds. A press
release, social media posts, and ongoing paid advertisements in the Vail Daily have been active.
The solicitation included a questionnaire for applicants to fill out which was included in the
packet. He indicated there are four (4) two-year terms open on the Planning and Zoning
Commission and 6 applicants. Councilors interviewed applicants in the following order:
Name Profession Residency
Gregg Cooper Real Estate Investments Avon (interviewed in person)
Bill Glaner Landscape Architect Avon (interviewed in person)
Kevin Hyatt Business/First Aid Avon (interviewed in person)
Brian Sipes Architect Vail (interviewed virtually at 5:40 p.m.)
Nicole Aranka Murad Immigration Attorney Avon (interviewed in person)
Nancy Beerman Tashman Retired Avon (interviewed in person)
Councilors voted in favor of candidates as follows:
• Councilor Carroll voted in favor of Bill Glaner, Kevin Hyatt, Nicole Aranka Murad, and
Brian Sipes. In the tie breaking vote, he voted for Nicole Aranka Murad.
• Mayor Phillips voted in favor of Gregg Cooper, Bill Glaner, Kevin Hyatt, and Brian Sipes.
In the tie breaking vote, she voted in favor of Nicole Aranka Murad.
• Councilor Andrade voted in favor of Gregg Cooper, Bill Glaner, Kevin Hyatt, and Brian
Sipes. In the tie breaking vote, he voted in favor of Greg Cooper.
• Councilor Hardy voted in favor of Bill Glaner, Kevin Hyatt, Nicole Aranka Murad, and
Brian Sipes. In the tie breaking vote, she voted in favor of Nicole Aranka Murad.
• Councilor Stanley voted in favor of Bill Glaner, Kevin Hyatt, Brian Sipes, and Nancy
Beerman Tashman. In the tie breaking vote, she voted in favor of Nicole Aranka Murad.
Town Clerk Miguel Jauregui Casanueva tallied the votes from Councilors, and Bill Glaner
received 5 votes, Kevin Hyatt received 5 votes, Brian Sipes received 5 votes, Gregg Cooper and
Nicole Aranka Murad both received 2 votes which caused them to tie, and Nacy Beerman
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Tashman received 1 vote. There was a runoff vote to break the tie between Gregg Cooper and
Nicole Aranka Murad. In the runoff, Gregg Cooper received 1 vote and Nicole Aranka Murad
received 4 votes. Mayor Phillips opened the floor to public comment and no public comment
was made in person nor virtually.
Based on the tally of votes, Councilor Caroll motioned to appoint Bill Glaner, Kevin Hyatt, Brian
Sipes, and Nicole Aranka Murad to the Avon Planning & Zoning Commission for two-year terms
to end on May 31, 2026. Councilor Stanley seconded the motion. It was approved with a 5-0
vote of those present.
5.3. Presentation: Recreation Department Updates & Harry A. Nottingham Park Improvements
(Recreation Director Michael Labagh)
Video Start Time: 01:06:50
Recreation Director Michael Labagh delivered a presentation related to Recreation Department
Updates & Harry A. Nottingham Park Improvements. Councilors did not have questions related
to the programming portion of his presentation. On the Harry A. Nottingham Park Planning,
Councilor Stanley asked questions related to signage at the O’Neal Spur Pocket Park. Councilor
Stanley and Councilor Carroll asked questions related to Nottingham Lake Aeration. Councilor
Andrade asked how many complaints have been received on the Main St. Mall dismount area
and was advised less than 5 complaints. Mayor Phillips noted Councilors are being asked to
consider if they would like to make the Main St. Mall dismount area permanent, based on staff
recommendation under Option A. Mayor Phillips opened the floor to public comment and no
public comment was made in person nor virtually. Councilors deliberated on the pros and cons
of the options presented and they elected to have generic signage deployed on the Main St.
Mall dismount area on July 3rd and during special events and wait for the survey to be
completed before making a final determination on the permanency of that dismount zone. As
this was a presentation to Councilors, staff received input and no motion was made.
5.4. Presentation: Avon Community-Wide Green House Gas Inventory (Sustainability Coordinator
Charlotte Lin)
Video Start Time: 01:33:18
Sustainability Coordinator Charlotte Lin delivered a presentation related to the Avon
Community-Wide Green House Gas Inventory. She indicated that this report is the result of a
2023 Sustainability Department Goal. She fielded questions from Council related to greenhouse
gas forecasts, projected growth in Avon’s population and gas reductions needed to stay on
track to meet the goals under the County’s Climate Action Plan, and next steps toward the net
zero forecasting to achieve net zero emissions by 2050. She was thanked by Councilors for the
depth of work contained in the inventory and her report. Mayor Phillips opened the floor to
public comment and no public comment was made in person nor virtually. Mayor Phillips also
touched on the potential for expanded composting in Avon. As this was a presentation to
Councilors, staff received input and no motion was made.
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6. CONSENT AGENDA
Video Start Time: 02:12:36
Mayor Phillips introduced the approval of the Consent Agenda to include the following:
6.1 Approval of Aspril 09, 2024 Regular Council Meeting Minutes
Mayor Phillips opened the floor to public comment and no public comment was made in person
nor virtually. Without further deliberations, Councilor Carroll presented a motion to
approve the Consent Agenda. Councilor Stanley seconded the motion. It was approved with
a 5-0 vote of those present.
7. WRITTEN REPORTS
7.1. Draft April 9 Health & Recreation Committee Meeting Minutes (Recreation Aquatics
Superintendent Kacy Carmichael)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. Quarterly RETT Report (Financial Analyst Chase Simmons)
7.4. Quarterly ¡Mi Casa Avon! Program Update (Housing – Long Range Planner Patti Liermann)
7.5. First Quarter 2024 Department Goal Update (Town Manager Eric Heil)
7.6. Biannual Investment Update (Chief Financial Officer Paul Redmond)
7.7. Bi-monthly Sustainability Update (Sustainability Coordinator Charlotte Lin)
7.8. Summary of Signed Letters of Support (Town Manager Eric Heil)
7.9. Draft March 21 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van
Winkle)
7.10. Food Truck Program Follow Up (Special Events Coordinator Chelsea Van Winkle)
** Indicates topic will be discussed at future agenda’s
Councilor Andrade thanked Special Events Coordinator Chelsea Van Winkle for her report on
the Food Truck Program Follow-Up. Mayor Phillips reminded her fellow Councilors that
they can always contact staff members with questions and thanks for written reports in
the packet, without having to wait for Council Meetings.
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:13:40
Mayor Phillips noted that the Eagle Valley Transit Authority is now staffed up enough to work
on planning and implementation of their programs. She added they have moved on to two
meetings per month (one live and one virtual), the transition of staff and vehicles is scheduled
to occur in August, and fare-free transit has already begun.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 7:19 p.m.
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These minutes are only a summary of the proceedings of the meeting. They are not intended
to be comprehensive or to include each statement, person speaking or to portray with
complete accuracy. The most accurate records of the meeting are the audio of the meeting,
which is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
Ruth Stanley
Lindsay Hardy
RJ Andrade
Rich Carroll
Chico Thuon
_______________________________________________________________________________
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT
MONDAY, APRIL 22, 2024
MEETING BEGINS AT 5:30PM
100 MIKAELA WAY – AVON COUNCIL CHAMBERS
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:05PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD
CHRISTIANSON, KEVIN HYATT, BILL GLANER, OLIVIA COOK AND ANTHONY SEKINGER WERE PRESENT. ALSO
PRESENT WERE TOWN MANAGER, ERIC HEIL, TOWN ATTORNEY, ERICA ROMBERG, COMMUNITY DEVELOPMENT
DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN,
DEVELOPMENT COORDINATOR, EMILY BLOCK, DIRECTOR OF URBAN DESIGN AND PLANNING FOR DTJ DESIGN,
KEITH WALZAK. PROJECT MANAGER CARTER KELLER, REPRESENTING THE EAGLE RIVER WATER & SANITATION
DISTRICT (“ERWSD”) WAS PRESENT AS AN APPLICANT FOR AEC24003 AND MNR23003. COMMISSIONER TOM
SCHAEFER WAS NOT IN ATTENDANCE.
MEMBERS OF THE TOWN OF AVON DOWNTOWN DEVELOPMENT AUTHORITY WERE PRESENT FOR A PORTION OF
THE MEETING, AND A COMPLETE ROLL CALL IS INCLUDED IN THE PORTION OF THESE MINUTES DETAILING THE DDA /
PZC JOINT SESSION.
2. APPROVAL OF AGENDA
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER HYATT
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0.
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 HEARINGS
4.1. SRU24001 WALKIN’ THE DOG BUSINESS OPERATION – TO BE IMMEDIATELY CONTINUED TO MAY
13, 2024 – MAX MORGAN, PLANNER II
4.2. TMP24003 DIVAS TRAILERS CONSTRUCTION STAGING – MAX MORGAN, PLANNER II
ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR TMP24003 AS PRESENTED
IN THE STAFF REPORT, INCLUDING CONDITIONS. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION
PASSED UNANIMOUSLY, 5-0.
4.3. MNR23003 / AEC24003 EAGLE RIVER WATER & SANITATION DISTRICT FENCE IN WILDRIDGE – MAX
MORGAN, PLANNER II
ACTION 1: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR AEC24003 AS PRESENTED
IN THE STAFF REPORT, WITH NO CONDITIONS. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION
PASSED UNANIMOUSLY, 5-0.
_______________________________________________________________________________
ACTION 2: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR MNR24003 AS PRESENTED
IN THE STAFF REPORT, WITH NO CONDITIONS. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE
MOTION PASSED UNANIMOUSLY, 5-0.
4.4. REZ24001 EAST AVON REZONING – JENA SKINNER, AICP, PLANNING MANAGER
ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR REZ24001 AS PRESENTED
IN THE STAFF REPORT WITH NO CONDITIONS. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION
PASSED UNANIMOUSLY, 5-0.
5. JOINT WORK SESSION WITH AVON DOWNTOWN DEVELOPMENT AUTHORITY /SUN ROAD AND EAST
AVON SUBAREA MASTER PLANS – MATT PIELSTICKER, COMMUNITY DEVELOPMENT DIRECTOR
ACTION: A ROLL CALL WAS DETERMINED AND MEMBERS OF THE TOWN OF AVON DOWNTOWN DEVELOPMENT AUTHORITY
PRESENT INCLUDED DDA CHAIRPERSON TONY EMRICK, DDA TREASURER CHRIS NEUSWANGER, AND DDA MEMBERS
GREGG COOPER, WAYNE HANSON, AND RICH CARROLL. PZC COMMISSIONER BILL GLANER IS ALSO A MEMBER OF THE
DDA, AND WAS PRESENT FOR THE ENTIRE MEETING.
DDA MEMBERS BRANDT MAROTT, ROB TARTRE, MATTHEW FITZGERALD, MARCUS LINDHOLM, AND SCOTT TARBET
WERE NOT ATTENDANCE. ALTERNATE REPRESENTATIVE CHICO THUON WAS ALSO NOT IN ATTENDANCE, HOWEVER HIS
ATTENDANCE WAS NOT EXPECTED AS COUNCILPERSON RICH CARROLL REPRESENTED THE AVON TOWN COUNCIL.
NO FORMAL ACTION WAS PROPOSED OR TAKEN. KEITH WALZAK FROM DTJ DESIGN PRESENTED TO THE DDA / PZC IN
ORDER TO RECEIVE FEEDBACK ON PROPOSED CONCEPTS FOR THE SUN ROAD AND EAST TOWN CENTER MASTER
PLANNING EFFORTS. THE DDA AND PZC DISCUSSED THE CONCEPTS, ANTICIPATED OUTCOMES, AND INDIVIDUALS
SHARED THEIR PREFERRED CONCEPTS FOR SUN ROAD AND EAST TOWN CENTER.
THE DDA / PZC EXPRESSED MIXED SUPPORT FOR CONCEPTS RELATED TO SUN ROAD. ALL PRESENT MEMBERS OF THE
DDA AND PZC EXPRESSED GREATER SUPPORT FOR A CONCEPT PROPOSING A STRAIGHT MAIN STREET FOR CONCEPTS
APPLITED TO EAST TOWN CENTER (CONCEPT 2), AS OPPOSED TO A CURVED STREET DESIGN THAT INCLUDES A
ROUNDABOUT (CONCEPT 1), WITH THE EXCEPTION OF DDA MEMBER CHRIS NEUSWANGER. MR. NEUSWANGER
INDICATED HE PREFERRED THE CONCEPT WITH A CURVED MAIN STREET (CONCEPT 1) BECAUSE IT APPEARED
CONSTRUCTION OF THE PROPOSED STREET LAYOUT WOULD HAVE FEWER IMPACTS TO EXISTING BUSINESSES, WHEN
COMPARED TO CONCEPT 2. MR. NEUSWANGER ALSO RECOMMENDED A TRAFFIC STUDY FOR THE AREA.
6. CONSENT AGENDA
6.1. MARCH 25, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES
6.2. RECORD OF DECISION - MJR24001 EAGLEBEND POCKET PARK – MAX MORGAN PLANNER /
MICHAEL LABAGH RECREATION DIRECTOR
ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER COOK
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0.
7. FUTURE MEETINGS
7.1. MAY 13, 2024 (MONDAY – WITH PZC TRAINING) – COMMISSIONERS SEKINGER, COOK, AND
CHRISTIANSON INDICATED THAT THEY ARE LIKELY TO BE ABSENT.
7.2. MAY 27, 2024 – NO MEETING – MEMORIAL DAY
_______________________________________________________________________________
7.3. JUNE 10, 2024
8. STAFF UPDATES
8.1. PZC APPOINTMENTS
8.2. EAGLEBEND POCKET PARK - TC
9. ADJOURN
ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 7:58PM.
THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE
NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR
TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE
THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S
OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
RESPECTFULLY,
MAX MORGAN
M E M O R A N D U M
TO: Board of Directors
FROM: Brian Thompson, Government Affairs Supervisor
DATE: April 22, 2024
RE: Summary of Authority’s April 4, 2024, Board Meeting
The following is a summary of items discussed at the Authority’s Apr. 4, 2024, board meeting.
Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff
Dreyer, Kevin Hillgren, Joanna Kerwin, and Tamra Underwood.
Encroachment
License Agreement
The board approved an agreement with a Cordillera property owner regarding
accessing a well on an Authority easement with installed permanent fixtures.
Traer Creek Major
Facility Agreement
The board approved an agreement with Traer Creek Metropolitan District for the
Authority to design and construct certain major facilities.
Shoshone
Permanency
The board discussed the request submitted by the Colorado River District for the
Authority and District to contribute to the purchase of the Shoshone water rights. No
action was taken at this meeting.
Eagle Park
Reservoir Company
(EPRC)
Siri Roman said Eagle Park Reservoir is expected to fill by snowmelt this spring.
She also said the EPRC board discussed concerns regarding the proposal by
Climax Mine to change the molybdenum standard for water supply uses.
Customer Bill
Improvements
Robyn Janssen reviewed billing statement improvements, which include making
terminology more consistent, clarifying account types and rate tiers, updating
delinquency charge provisions, and improving branding and digital accessibility.
State Land Board
Water Dedication
Jason Cowles said the Eagle Board of County Commissioners held a work session
to discuss the water dedication for the State Land Board parcel in Dowd Junction.
Bolts Lake
Reservoir
Justin Hildreth provided updates on the Bolts Lake project and reviewed the Total
Cost Estimate that was included in the Preliminary Design completed in February.
Sustainability Tim Friday reported on the District’s sustainability program and reviewed 2023
statistics, accomplishments, and certifications.
Nonfunctional Turf
Legislation
Diane Johnson said SB24-005 was signed into law and noted supportive committee
testimony on behalf of the Authority and District.
Bylaw Amendments Brian Thompson discussed proposed amendments to the Authority bylaws. The
board will consider the updated bylaws at the May 23 meeting.
Digital Accessibility Brian Thompson discussed new Rules requiring all Colorado public entities to
comply with digital accessibility standards and provide accommodations to anyone
with a disability who submits a request. The compliance deadline is Jul. 1, 2024.
Opting Out of PFAS
Settlements
Steve Bushong confirmed the acceptance of the Authority’s exclusions from the 3M
and DuPont class action settlements regarding per- and polyfluoroalkyl substances.
907-748-4072 cvanwinkle@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Chelsea Van Winkle, Special Events Coordinator
RE: Food Truck Program Update
DATE: May 1, 2024
SUMMARY: This report provides an update on the Avon Food Truck Program which allows one (1) Food
Truck located on Lake Street and one (1) Food Cart located at Nottingham Beach beginning Saturday, May
25, 2024, through September 29, 2024. Two (2) complete applications were received for the Lake Street
location, and zero applications were received for the Food Cart located at Nottingham Beach. This is
submitted as a written report and no action by Council is requested.
BACKGROUND: At the April 9, 2024, Town Council Meeting, Staff provided a written report to Council with
an update on the Food Truck Program. Additionally, Staff stated they would provide another update on who
was awarded a Food Truck Permit for 2024.
ANALYSIS: Staff received five (5) inquiries from food purveyors located in Eagle County, with interest in
operating a food truck or cart on Town owned property this summer. Of the five (5) food purveyors, only two
(2) food purveyors turned in complete applications including Environmental Health Department licenses for
the Lake Street location, which are listed below:
1. Volcano Sushi (Efrain Canales)
2. Taqueria Los 3 Gallitos (Emanuel Lozoya)
Both applicants have been awarded a 2024 Food Truck Permit for the Lake Street Location and Staff will
create a schedule for the two permitted food trucks with only one (1) allowed per day. Furthermore, both
food trucks require 220-volt power, which is not available at the approved Lake Street location. Currently
there is only 120-volt power at this location. Staff investigated the cost of adding more power and conduit
to the Lake Street location, however, at $34,900.00 it is cost prohibitive.
Due to having minimal power on Lake Street, Staff collaborated on a new food truck location and
determined that inside the Rec. Center west parking lot, near the old fire station and adjacent to the electric
vehicle chargers on Lake Street (see Attachment A) as the best alternative. While not an “official”
approved location, it was utilized last year and found to be a viable location for the Town of Avon to provide
adequate power, good visibility from the park and plenty of parking. Town Staff has contacted both
approved food purveyors and they both agreed to the updated location. Staff will move the Food Truck
Lake Street location to the Rec. Center west parking lot for both awarded Food Truck Permits.
Thank you, Chelsea Van Winkle
ATTACHMENT A – New Lake Street Food Truck Location
A
ATTACHMENT A