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TC Minutes 01-27-2026AVON REGULAR MEETING MINUTES TUESDAY JANUARY 27, 2026 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c 0 L 0 R n 0 0 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in -person at Avon Town Hall and virtually via Zoom.us. Mayor Tamra N. Underwood called the January 27, 2026, Council Regular Meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tern Richard Carroll, and Mayor Tamra N. Underwood. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina Williams, Town Clerk Miguel Jauregui Casanueva, Finance Director Paul Redmond, Financial Analyst Chase Simmons, Public Works Director Mike Johnson, Recreation Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Sustainability Manager Charlotte Lin, Engineering Director Eva Wilson, IT Staff Carlos Molina, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:25 Mayor Underwood opened the meeting by addressing the agenda approval. Without further deliberation, Councilor Stanley moved to approve the Agenda, as presented. Councilor Hardy seconded the motion, which carried unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:45 Mayor Underwood asked whether any conflicts of interest existed related to the agenda, and none were disclosed. She noted that, although not a conflict, she owns property within 300 feet of the Village at Avon and has received related Town notices. 4. PUBLIC COMMENT Video Start Time: 00:01:25 Mayor Underwood explained that public comment may be provided in person, via Zoom (video or audio), by telephone, or by email. She clarified that this portion of the meeting is reserved for items not listed on the agenda. Comments are limited to three minutes, with an additional minute allowed at Council's discretion. Speakers are asked to address Council directly and should not expect a response, as this time is solely for public input. Mayor Underwood then invited public comment from those present in the room or participating virtually, requesting that speakers state their name and, if desired, their neighborhood or Town of residence. No public comment was received in person or virtually. 5. CONSENT AGENDA Video Start Time: 00:03:10 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1. ACTION: Approval of January 27, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Councilor Stanley moved to approve the Consent Agenda as presented. Councilor Hardy seconded the motion, which passed unanimously by a 7-0 vote. AVON REGULAR MEETING MINUTES A TUESDAY JANUARY 27, 2026 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6. BUSINESS ITEMS 6.1. PUBLIC HEARING: (QUASI-JUDICIAL): ORDINANCE 26-02, First Reading: PUD23002 VPR23001 Village at Avon PUD Amendment & Vested Rights Extension (Community Development Director Matt Pielsticker) Video Start Time: 00:03:50 Mayor Underwood introduced the business item by outlining the process Council will follow between this meeting and the March 19 deadline for consideration of the application. Community Development Director Matt Pielsticker reported on the receipt of supplemental public comments, which will be included in his next report, and presented the first reading of Ordinance 26-02: PUD23002 I VPR23001 Village at Avon PUD Amendment & Vested Rights Extension. He was joined by applicant representative Allison Kent, who delivered an updated presentation in collaboration with Traer Creek. Council asked questions regarding planning community housing obligations, building heights, dark skies and lighting regulations, landscaping requirements, short-term rentals, and density. Mayor Underwood reopened the public hearing for first reading, continued from the January 13 Council meeting. Community Development Director Matt Pielsticker and Allison Kent (Mauriello Planning Group) presented on behalf of the applicants. Also present in the room were Michael Lindholm and Kristin Kenney Williams with the applicant group; Munsey Ayers and Marcus Lindholm attended virtually. The Mayor noted that substantial written public comment had been received and is part of the official record. Council questions were addressed by Matt Pielsticker, Eric, Nina, and members of the Village at Avon applicant team. Mayor Underwood opened the Public Hearing to Public Comment and Thomas Walsh, a resident of Avon, spoke in strong opposition to the application, stating it would increase density and represents profit -driven development. He characterized the request as an admission of failure to complete the original plan and urged Council to reject the application due to a lack of trust in the developer. Walter Dandy, a resident of Avon, opposed increased density and height on Parcel D. He referenced a previously submitted letter and encouraged Council to review it, noting concerns related to nuanced changes in density and height. He stated he met with Brian Sipes, who also opposes increased building height. Graham Frank, with FTC Development and a resident of Avon, stated that development is not simply "taking" from the community, noting that he heled develop Frontgate and it provides housing for local professionals and individuals serving on boards and committees. He encouraged Council to consider the broader community benefits of development. Amy Phillips, a resident of Avon, referenced her previously submitted email and raised new concerns about what occurs if vested rights expire. She cautioned against increased density, referenced the Comprehensive Plan's history, and suggested that additional height may be acceptable if it improves architectural interest. Monica Borsch Bahr, a resident of Avon, asked Council not to approve increased building heights. AVON REGULAR MEETING MINUTES ' TUESDAY JANUARY 27, 2026 ,ov O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o n n D o Mike Bahr, a resident of Avon, stated that high -density housing adjacent to single-family homes is not good planning and asked Council to reconsider CH-1. He noted that ground floors on nearby developments sit below railroad track grade, significantly increasing perceived height. Additional comments included Graham Frank, with FDC Development Partners, regarding off -site parking requirements for short-term rentals at Kensington, and Munsey Ayers, who spoke about the issuance of bonds for water, Kathleen Walsh, a resident of Avon, submitted written comments and provided additional remarks, stating the proposal is not compatible with the existing neighborhood. She cautioned against trading a half -acre dedication for broader development allowances and thanked Council for its thorough review and questioning. She later spoke virtually, noting she has lived in the valley for 44 years and reiterated that the CH-1 design is not congruent with the surrounding neighborhood. She raised concerns about the adequacy of the half -acre dedication, the need for school board review of the school lot, unresolved lighting issues at Piedmont, fencing located on her property rather than railroad property, and the need to clarify that railroad setbacks are measured from the property line. She thanked Council for guiding the process thoughtfully. No additional public comment was received in person or virtually. With unanimous consent, Mayor Underwood called a 10-minute recess at 8:40 p.m., and Council reconvened at 8:50 p.m. to resume the meeting. After the recess, Council entered deliberations and reviewed each of the following 18 items using the PUD Amendment review criteria in AMC §7.16.060(e)(4): 1. Community Housing Supplemental Regulations 2. CH-1: Rezone PA-F/PA-E to CH-1 — use approval, 36-unit density, and height increase from 35 feet to 48 feet 3. CH-2: Rezone PF-1 to CH-2 — use approval, 40-unit density, and height increase from 48 feet to 60 feet 4. Permit development bonuses for community housing, economic stimulus, and civic/public enhancement projects 5. Allow short-term rentals in PA -A, PA-C, PA-D, and PA-J 6. Clarify existing versus engineered grade to establish the baseline for building height measurements 7. Eliminate required minimum and maximum residential/commercial ratios in PA -A, PA-F, PA=G, and PA-H 8. PA -A: Increase building height from 55 feet to 60 feet within 250 feet of the southern boundary 9. PA -A: Increase residential building height from 80 feet to 110 feet outside the 250-foot buffer through the SRU process 10. PA-C: Increase building height from 48 feet to 60 feet, and up to 74 feet and six stories through the SRU process 11. PA-C: Increase density from 18 dwelling units per acre to 40 dwelling units per acre AVON REGULAR MEETING MINUTES A TUESDAY JANUARY 27, 2026 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 12. PA-D: Increase building height from 48 feet to 60 feet within 250 feet, with a five -story limit 13. PA-D: Increase building height from 48 feet to 60 feet, and up to 74 feet and six stories through the SRU process 14. PA-D: Increase density from 18 dwelling units per acre to 40 dwelling units per acre 15. PA-J: Reduce the front setback from 20 feet to 10 feet 16. PA-J: Increase building height from 48 feet to 60 feet, with a maximum of five stories 17. RMF-1 and PA-K: Maintain the ability to construct up to 280 units on a cul-de-sac with a single point of access Council then deliberated on vested property rights under the review criteria in AMC §7.16.140(e)(2): 18. Extend vested property rights for 20 years, through October 2059, for the upper portion of PA-J, RMF-1, and PA-K Council requested that staff prepare supplemental information regarding short-term rental parking and develop a 3D overlay of the proposed area with more detailed renderings. Council also discussed view criteria as it relates to vested property rights. Councilor Carroll moved to approve the continued first reading of Ordinance 26-02, as amended, to February 24, 2026. Councilor Hardy seconded the motion, which passed unanimously by a 7-0 vote. 6.2. PUBLIC HEARING: ORDINANCE 26-03, Second Reading: Graywater Prohibition (Engineering Director Eva Wilson and Assistant Town Attorney Michaela Szilagyi) Video Start Time: 05:33:00 Engineering Director Eva Wilson and Assistant Town Attorney Michaela Szilagyi presented the second reading of Ordinance 26-03. Mayor Underwood opened the public hearing for public comment; no public comment was received in person or virtually. With no further deliberation, Councilor Stanley moved to approve the second reading of Ordinance 26-03, as amended. Councilor Brooks seconded the motion, which passed unanimously by a 7-0 vote. WRITTEN REPORTS 7.1. January 8th Culture, Arts & Special Events (CASE) Committee Meeting Minutes (Special Events Coordinator Emily Dennis) 7.2. January 12th Avon Downtown Development Authority (DDA) Board Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. Village at Avon Planning Area A Updates (Engineering Director Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 05:36:55 Mayor Underwood asked Finance Director Paul Redmond and Senior Accountant Dean Stockdale to provide a presentation at a future meeting regarding Section 7.3 and the proposed reduction of the tobacco tax. She specifically requested clarification on whether flavored nicotine packets are taxed under one or both applicable categories, AVON REGULAR MEETING MINUTES / \ TUESDAY JANUARY 27, 2026 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Carroll reported on the CORE Transit Board meeting held on January 14, 2026, during which the Board discussed the complexity of the summer bus schedule and municipal fare recovery. He invited the public to view the meeting recording on High Five Media. Mayor Pro Tern Carroll reiterated that the January 14, 2026, CORE Transit meeting addressed summer service and fares and noted that replays are available at highfivemedia.org. Mayor Underwood reported that she and Councilor Brooks attended an Upper Regional Water Authority meeting, where concerns were discussed regarding reduced snowpack and potential water shortages. She noted that April 1, 2026, will be a key evaluation date for determining what the summer 2026 water outlook may be, and that it is too early to panic at this time. Councilor Hardy expressed appreciation to Avon staff for a successful fireworks event held over the MLK weekend. 9. EXECUTIVE SESSION Video Start Time: 05:39:50 Mayor Underwood requested a motion from her fellow councilors to proceed into Executive Session. Mayor Pro Tern Carroll moved to retire into Executive Session: 9.1. For the purpose of purchase, acquisition, lease, transfer or sale of real estate pursuant to CRS 24- 6-402(4)(a) and for the purpose of determining negotiating positions, developing strategy for negotiations, and instructing negotiators pursuant to CRS 24-6-402(4)(e)(i) concerning a potential acquisition of property for Community Housing (Town Manager Eric Heil) 9.2. For the purpose of receiving legal advice from the Avon Town Attorney on specific legal questions pursuant to CRS 24-6-402(4)(b) concerning Law Enforcement Protocols (Town Attorney Nina Williams) Councilor Hardy seconded the motion, which carried unanimously with a 7-0 vote. The time was 10:50 p.m. At the roll call, all members of Council were present as indicated above. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina Williams, and Avon Police Chief Greg Daly. The Executive Session commenced at 10:57 p.m. The Executive Session adjourned at 11:49 p.m. 10. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 11:49 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedia.org. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 27, 2026 A Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO RESPECTFULLY SUBMITTED: Miguel Jauregui CoapGeva, Town Clerk APPROVED: Mayor Underwood