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TC Packet 04-28-2026_____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, April 28, 2026 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or virtually through Zoom, Zoom registration is on the header at Avon.org AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 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. CONSENT AGENDA 5.1. Approval of April 14, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Town of Avon Wildland Fire Preparedness Month Proclamation and Eagle County Board of County Commissioners Joint Resolution proclaiming May 2026 as Wildfire Preparedness Month (Chief of Police Greg Daly) 6. BUSINESS ITEMS 6.1. ACTION: Culture, Arts & Special Event (CASE) Committee Interviews & Appointments (Chief Cultural Officer Danita Dempsey and Senior Special Events Coordinator Chelsea Van Winkle) 6.2. PRESENTATION: Town Landscaping & Irrigation (Public Works Director Mike Jackson) 6.3. PUBLIC HEARING (QUASI-JUDICIAL): Major Development Plan MJR26-002, Outset Collection by Hilton AKA Comfort Inn Remodel (Community Development Director Matt Pielsticker) 6.4. PUBLIC HEARING (QUASI-JUDICIAL): ORDINANCE 26-05, First Reading: Wildfire Code Updates CTA 26-002 Code Text Amendment (Planning Manager Jena Skinner) 6.5. ACTION: Mi Casa Avon Program Revisions (Housing Planner Patti Liermann) 6.6. ORDINANCE 26-08: First Reading Amending Chapter 10.28, “Vehicle Registration” and Repealing Chapter 10.32, “Driver Licenses” of the Avon Municipal Code (Chief of Police Greg Daly) 6.7. PUBLIC HEARING: RESOLUTION 26-04: Amending the 2026 Budget (Chief Financial Officer Paul Redmond) 6.8. RESOLUTION 26-06: Approval of Financing for Buffalo Ridge I Refurbishment (Town Manager Eric Heil) 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Summer Outlook DestiMetrics Report (Financial Analyst Chase Simmons) 7.4. Town Cleanup & Sustainability Fair Updates (Special Events Coordinator Emily Dennis) 7.5. Recreation Center Project Update (Director of Engineering Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES _____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. 9. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was held in a hybrid format, in person at Avon Town Hall and virtually via Zoom. Mayor Tamra N. Underwood called the Regular Council Meeting of April 14, 2026, to order at 5:08 p.m. At rollcall, Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. Also present were 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, Recreation Director Michael Labagh, Public Works Director Mike Jackson, Engineering Director Eva Wilson, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Long-Range Housing Planner Patti Liermann, IT Director Andrew Bare, and Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:08:00 Mayor Underwood opened consideration of the Agenda. Councilor Stanley moved to approve the Agenda, as presented. Councilor Brooks seconded the motion. The motion passed unanimously, 7–0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:30 Mayor Underwood asked whether there were any conflicts of interest related to agenda items. None were disclosed. Councilor Thuon disclosed that, although not a conflict of interest, he attended a meeting with Skjol staff regarding the potential listing of a Skjol founder’s unit for sale. Mayor Underwood noted that, although not a conflict of interest, she received mailed notice of the public hearing for Item 5.1 as a resident within 300 feet of the subject property. 4. PUBLIC COMMENT Video Start Time: 00:09:50 Mayor Underwood explained the public comment process, noting that comments could be provided in person, via Zoom, by telephone, or by email. Public comment was limited to items not listed on the agenda, with a three‑minute time limit per speaker and an additional minute at Council’s discretion. Jenny Carll, an Avon resident, addressed Council in person and stated that she owns a condominium in the Sunridge Apartments and commented on the delay in the Avon Pool remodel. She asked whether Council would reconsider the current plan, given the delay, and revisit directing the allocated funds toward an expansion of the lap pool instead. Ms. Carll noted that she is both a mother and a swim instructor and stated that her interest is in better serving the community. She expressed her view that a competition‑style lap pool would better facilitate a variety of events. Kathleen Walsh, an Avon resident, addressed Council in person and expressed concerns regarding dust generated by construction equipment on the hillside near her home and the associated environmental impacts. She indicated she was advised by the Town Clerk to report the concern to Avon’s Code Enforcement. Ms. Walsh noted that she subsequently received a written response indicating that dust mitigation is not required when a construction site is not being actively worked on. She requested additional follow‑up and shared her view that the current complaint process is not effective based on her experience. AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Mayor Underwood asked Town Manager Eric Heil to provide a brief update on the status of the improvements at the Recreation Center pool area. She also asked that he address concerns related to dust from construction activity. After providing a brief update on the status of the pool area improvements, Town Manager Heil stated that if construction activity is occurring, dust mitigation should be implemented regardless of the day of the week. He added that it is not uncommon for contractors to require reminders regarding dust mitigation and stated that Staff will work with the contractors to ensure dust is actively mitigated when necessary. No additional public comment was received in person or virtually. 5. CONSENT AGENDA Video Start Time: 00:20:15 Mayor Underwood introduced the Consent Agenda, which included: 5.1. ACTION: Approval of March 24, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Planning & Zoning Commission Interviews & Appointments (Community Development Director Matt Pielsticker) Councilor Stanley moved to approve the Consent Agenda, as presented. Councilor Hardy seconded the motion. The motion passed unanimously, 7–0. 6. BUSINESS ITEMS 6.1. PRESENTATION: Town of Avon and the Eagle River Fire Protection District Wildland Fire Preparedness Updates, Evacuation Protocols and Historic and Planned Mitigation (Chief of Police Greg Daly, Public Works Director Mike Jackson and Eagle River Fire Protection District Fire Operations Specialist Tim Swaner and Division Chief of Wildland/Fire Management Officer Hugh Fairfield-Smith) Video Start Time: 00:21:50 Chief of Police Greg Daly, Public Works Director Mike Jackson, Eagle River Fire Protection District Fire Operations Specialist Tim Swaner, and Division Chief of Wildland/Fire Management Hugh Fairfield‑Smith delivered their respective presentations to Council. Public Works Director Jackson and Chief Daly responded to questions from Councilor Brooks regarding the maintenance and activation procedures for the June Creek Emergency Evacuation Road. Councilor Thuon requested that Chief Daly plan to provide education to Avon’s transient population regarding EC Alerts. Mayor Pro Tem Carroll asked why fire mitigation treatment graphs were not included for 2021, and whether additional information could be provided regarding fire mitigation areas planned for 2026. He also requested a narrative explanation to accompany the graphs included in the presentation and asked whether there is a long‑term plan for fire mitigation funding. Mayor Pro Tem Carroll encouraged Division Chief Fairfield‑Smith to provide additional detail regarding the status of long‑term funding. Councilor Stanley asked whether specific enrollment data is available for EC Alerts. She also asked whether there are any aviation firefighting resources available. Chief Daly stated that he would obtain enrollment data and Division Chief Fairfield‑Smith advised that there are no aviation firefighting resources currently available within Eagle County, but that resources are available in surrounding areas. As the item was a presentation to Council, no public comment was received and no motion was requested. AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 6.2. PUBLIC HEARING (QUASI-JUDICIAL): ORDINANCE 26-02, Second Reading: PUD23002 | VPR23001 Village at Avon PUD Amendment & Vested Rights Extension (Community Development Director Matt Pielsticker) Video Start Time: 00:59:45 Mayor Underwood reopened the public hearing on Ordinance 26‑02. Community Development Director Matt Pielsticker presented an overview of the Village at Avon Planned Unit Development (PUD) Amendment and Vested Property Rights Extension request. The ordinance and associated materials were presented by Staff, including Matt Pielsticker and Town Manager Eric Heil, along with representatives of the applicant, Traer Creek LLC. The applicant team included Michael Lindholm and Marcus Lindholm (Traer Creek investment leaders), Munsey Ayers (Otten Johnson Robinson Neff + Ragonetti), and Allison Kent (Mauriello Planning Group, participating virtually). Staff and the applicant responded to Council questions related to PUD Amendment Items 1, 2, 3, 4, 5, 6, 8, 16, 18, and 19, with particular focus on short‑term rental (STR) allowances, water rights, water storage triggers, notices, and vesting provisions. Amendment Items 1–3 (Community Housing): Mayor Underwood asked the Lindholm representatives, in light of the water shortage conditions this year, when the Traer Creek Metropolitan District would consider adopting Water and Landscaping Regulations. Marcus Lindholm responded that they have consulted with their water rights attorney, view the regulations as a favorable initiative, and intend to place the item on their work list, with the possibility of adoption during the summer months. Mayor Underwood then asked Community Development Director Pielsticker, referencing Finding No. 6 on page 86 of the packet, why Planning Area CH-1 was called out specifically. Community Development Director Pielsticker explained that the language was not a requirement but a suggested scale consideration. Councilor Stanley asked why page 47 of the packet stated that the Town would not manage Community Housing dedication from CH-1 and CH-2 and was advised that the referenced language had been eliminated at the previous hearing. Amendment Item 4 (Development Bonus): Mayor Pro Tem Carroll asked for clarification regarding the 300-foot notification requirement and how it applies to development bonuses. Staff advised that the 300-foot measurement is taken from the subject property boundary and not from the overall PUD boundary area. Mayor Underwood stated she had the same question. Amendment Item 5 (Short‑Term Rental Overlay): Mayor Underwood asked whether Condition 1 on page 87 could be revised to end after the word “Staff.” Councilor Brooks asked about the allowance of 42 days for short-term rentals. Councilor Stanley asked how the 15 percent limitation is managed in larger buildings. Mayor Underwood opened the public hearing to public comment. The following comments were received: Kim Schlepfer, an Eagle‑Vail resident, addressed Council in person and stated that she attended a Habitat for Humanity event several weeks prior where a metric measuring a community’s ability to act collectively stood out to her. She stated that Eagle County struggles with inclusion, particularly related to housing, as reflected in the 2025 housing needs assessment, and noted that the AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 community remains behind in meeting housing needs. Ms. Schlepfer stated that while the PUD amendment includes efforts to provide community housing, those efforts represent only a small fraction of the thousands of units needed. She acknowledged that the amendment is an improvement but stated that it does not address what she characterized as the core issue that community housing benefits are not proportionate to the benefits granted to the developer. She urged Council to deny the request and advocated for inclusionary housing policies and vacancy taxes. Bette Todd, an Avon resident, addressed Council in person and stated concerns regarding the application of development bonuses to the project, indicating that they would be difficult to administer. She stated that it is now well known what the developer is seeking and expressed concern that requests could return on a site‑by‑site basis in the future. She added that this approach introduces uncertainty and noted that future councils would not have been part of the current process. Ms. Todd stated concern about tying the bonuses to the Municipal Code, indicating apprehension that she would need to track each matter coming before Council. She also expressed concern regarding the public hearing language associated with development bonuses, noting that code provisions could be amended in the future and that the public relies on hearings to remain informed about development. She stated that notice should reach those impacted and expressed concern that notice limited only within Traer Creek would be ineffective compared to notice provided within 300 feet of the PUD boundary. Ian Grask, an Avon resident, addressed Council and thanked them for their time. He stated that allowing short-term rentals at 15 percent in certain areas presents challenges and expressed concern that short-term rentals do a disservice to meeting local housing needs. He asked questions regarding residential short-term rental permits, including what mechanisms are used to determine who may obtain them and how residential permits differ from commercial permits. He also asked the applicant questions related to the Design Review Board process within Traer Creek and sought clarification on how that process would operate. Amy Phillips, an Avon resident, addressed Council in person and stated that she understood and shared concerns previously raised regarding the Design Review Board process in Traer Creek, noting that it had been referenced multiple times during the discussion and expressing hope that it would be addressed. She stated that she hoped whatever is ultimately constructed and allowed would be what counts toward short-term rental limits. She added that she hoped the Buffalo Ridge AMI would not be impacted by the process and that any loosening of restrictions would apply only to owner-occupied units. Ms. Phillips spoke regarding development bonus applications and expressed hope that the process would be handled carefully. She also stated that she hoped the updated final map would be shared following Council action. Kathleen Walsh, an Avon resident, addressed Council in person and stated that she remained concerned about Planning Area CH-1. She questioned what she perceived as a discrepancy between Planning and Zoning Commission discussions and the materials before Council regarding compatibility with the Eaglebend neighborhood. She stated that density had previously been described as 18 units per acre and now referenced 24 units without specifying a per-acre calculation, and added that setbacks also require clarification. Ms. Walsh stated that she hoped the application AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 would not be approved and asked whether the matter would return to the Planning and Zoning Commission or be addressed solely through Traer Creek. She noted that there are many other potential locations for employee housing and expressed concern about placing housing in locations that impact specific neighbors. She stated that impacts related to water, fire, police, wildlife, and staff time have been ongoing and expressed concern that density is being concentrated on the valley floor without corresponding community benefits. She urged Council to deny the request. Roger Wilkinson, an Avon resident, addressed Council in person and stated that he remains adamantly opposed to increases in density or building height. He expressed frustration with the complexity of the application materials and stated that the amount of information makes it difficult for the average person to understand the overall impacts. He noted appreciation for efforts to focus on higher‑level concerns and stated that he is interested in the broader impacts on himself, neighboring properties, the Town, and visitors. Mr. Wilkinson expressed concern that the project could make the area feel overly urban and stated his preference that the community be preserved as “nice.” No additional public comment was received in person or virtually. Council Deliberations by Amendment were as follows: Amendment Items 1–3 (Community Housing): Regarding Amendment Items 1–3 related to Community Housing, Councilor Hardy stated that Planning Area CH‑1 does not represent a substantial benefit to the Town and that the proposed density and height are not appropriate for the site. She stated that as land rises, so do buildings, and expressed that an educational facility would have been a more appropriate use for the location. She stated support for Planning Area CH‑2. Councilor Stanley stated that she was comfortable with Planning Area CH‑1, particularly given Habitat for Humanity’s interest in assisting with development. She stated that she remained concerned about Planning Area CH‑2, noting that she believed it was inappropriate that the project had been delayed for two years and that there had been a reduction in the developer’s responsibility. She added that she was nevertheless glad that the CH‑2 project would now move forward. Mayor Pro Tem Carroll stated support for Amendment Items 1–3, noting that he believed each of the three items met or exceeded the applicable seven review criteria. Councilor Brooks stated support for Amendment Items 1–3. Councilor Hyatt stated support for Amendment Items 1–3. Mayor Underwood stated that she did not support Amendment Items 1–3, expressing concern that Planning Area CH‑1 does not fit within the surrounding vicinity. She stated that she believed it was premature to make Finding No. 6 as applied to CH‑1 and requested its deletion. She further stated ongoing concern regarding Planning Area CH‑2, noting dissatisfaction that community housing funded by the Town would be counted toward the developer’s obligation. Amendment Item 4 (Development Bonus): Regarding Amendment Item 4 related to development bonuses, Mayor Pro Tem Carroll stated support for the amendment, noting that notice should be provided from the PUD boundary to ensure Traer Creek has an opportunity to work with the AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 surrounding community if a development bonus is requested. Mayor Underwood agreed and proposed adding a third condition on page 87 to require that mailed notices, pursuant to Town Code §7.16.020(d)(2)(i), be sent to property owners within 300 feet of the PUD boundary. Allison Kent stated that the applicant was agreeable to the proposed modification. She added that she viewed the development bonus as a tool to secure future community benefits and expressed hope that future Councils would use it to leverage additional community housing. Councilor Brooks stated support for Amendment Item 4 and expressed hope that future Councils would utilize development bonuses to leverage increased community housing, including the revised notice requirement of 300 feet from the PUD boundary. Amendment Item 5 (Short‑Term Rental Overlay): Regarding Amendment Item 5 related to the Short‑Term Rental Overlay, Councilor Hardy reiterated prior statements indicating she did not support the overlay amendment and read a prepared statement outlining her rationale into the record. Councilor Stanley stated agreement with comments made by Councilor Thuon and indicated that she supports short‑term rentals only within Planning Area J. Mayor Pro Tem Carroll stated that he understands the concerns expressed regarding short‑term rentals in these areas and noted that the issue is challenging to discuss. He stated that community housing is being developed in Planning Areas CH‑1 and CH‑2 and that the broader housing issue extends beyond these areas, adding that he looks forward to continued discussion, though he supports the amendment. Councilor Thuon stated that allowing 15 percent short‑term rental units would increase tax revenues that could be used to support community housing and noted that funding is necessary to construct community housing. Councilors Thuon, Carroll, Brooks, and Hyatt were in favor of Amendment Item 5, joined by Mayor Underwood, resulting in approval of the amendment. Amendments 9, 10, 11, 12, 13 & 14: Request withdrawn by co-applicants prior to public meeting. Amendment Items 6, 8, 15, 16, 18, and 19: Regarding Amendment Items 6, 8, 15, and 19, no comments were stated by Council. Regarding Amendment Item 16, Councilor Hardy stated that she no longer supported the amendment, citing a lack of sufficient public benefit. Mayor Underwood also stated that she did not support the amendment due to the site’s proximity to the East Avon Preserve. Both were in the minority. Regarding Amendment Item 19 related to the Vested Property Rights extension, Councilor Hardy stated that the issue is complicated and noted appreciation for the prior deliberations and Councilor Brooks’ experience with similar matters. She stated that she would have preferred the request be presented as a standalone PUD amendment. Mayor Pro Tem Carroll expressed appreciation for the inclusion of a triggering mechanism and stated support for the revised language, noting that he believed it was appropriate. Councilor Brooks stated agreement with Mayor Pro Tem Carroll’s comments. Councilor Stanley also stated agreement and asked whether Council could receive updates or timelines related to the extension. Mayor Pro Tem Carroll responded that he was comfortable allowing staff discretion on the timing of such updates. Councilor Stanley requested that a finding be added acknowledging the multiple complex milestones involved and proposed adding language to page 86 indicating that Traer Creek has explained the significant tasks it plans to accomplish in order to satisfy the conditions of the first amendment to the CARADA. AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 As a final comment, Councilor Hardy stated that based on her experience sitting on the Design Review Board with Traer Creek, all but one seat are held by Traer Creek representatives, with the remaining seat filled by Community Development Director Pielsticker. She stated her belief that a Planning and Zoning Commission representative should serve on that Board instead. She further stated that the amendments would have been more appropriate if addressed individually rather than as part of a 19‑item PUD amendment, and that overall, the scope was too expansive. She added that her opinion may change in the future but stated her intent to vote in opposition due to concerns raised throughout the process regarding insufficient public benefit. Town Manager Heil stated that he believed there were four or more Council votes in favor of the ordinance with the following modifications: (1) incorporation of the alternate short-term rental language presented in the Council presentation slides; (2) deletion of Findings Nos. 6 and 7 from the PUD Amendment findings; (3) addition of a new Finding No. 5 under the Vested Property Rights section acknowledging the milestones Traer Creek plans to achieve under the first amendment to the CARADA; (4) addition of a third condition related to development bonuses requiring that mailed notice, pursuant to Avon Municipal Code §7.16.020(d)(2)(i), be provided to property owners within 300 feet of the PUD boundary and implemented through the PUD Guide Development Standards, Section D; and (5) revision of page 62, roman numeral (i), to add language at the end of the provision stating that the development is intended to serve the development of community housing units. With unanimous support, Mayor Underwood declared a 10-minute recess at 8:40 p.m. The meeting reconvened at 8:50 p.m. Council requested that the PUD Findings of Fact and Record of Decision be amended to include a clarification that the scale and residential use of Planning Area CH-1 will be compatible with existing residential development in the vicinity of Eaglebend Drive; clarification that the potential increased scale of development in Planning Area J is appropriate given its location and access to existing infrastructure near the highway interchange; refinement of findings to clarify that the scope of the vested property rights extension is limited to areas that are inherently difficult to serve and do not provide near-term measurable public benefits; revision of conditions to specify administrative updates to the Short-Term Rental Overlay map reflecting unrestricted STR licenses in Planning Area A and 15% limited STR licenses in Planning Areas C, D, and J; clarification that the PUD Guide and CARADA Amendment No. 1 must be executed and recorded within 30 days; and addition of a condition requiring mailed notice to property owners within 300 feet of the PUD boundary for any development bonuses, pursuant to Avon Municipal Code. Following extensive deliberation, Mayor Pro Tem Carroll moved to approve the ordinance with amendments to the exhibits as indicated during the meeting and to approve the Findings of Fact and Record of Decision, as amended. Councilor Hyatt seconded the motion. The motion passed by a vote of 6‑1, with Councilor Hardy voting in opposition. As part of closing remarks, Mayor Pro Tem Carroll thanked all parties involved in the process. Councilor Stanley thanked members of the community for their feedback and stated that the matter AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 8 and the process had been grueling, expressing hope that the effort would come to fruition and that future Councils would not be required to undergo a similar process. Councilor Thuon stated “Godspeed.” 6.3. PUBLIC HEARING: ORDINANCE 25-18 Second Reading: Parking Regulations on Private Property (Town Clerk Miguel Jauregui and Town Attorney Nina Williams) Video Start Time: 03:47:50 Town Manager Heil provided Council with an update regarding Parking Regulations on Private Property. Mayor Underwood opened the public hearing to public comment. Evgheny Cojocari, an Avon resident and owner of Colorado Booting, LLC, addressed Council in person and stated that the Town should consider regulating companies that issue electronic parking citations using camera systems. He stated that the Town has an effective ordinance regulating vehicle booting and suggested that a similar regulatory framework should apply to electronic ticketing. Mr. Cojocari stated that it took nearly a month for him to receive an electronic ticket, whereas booting requires that an operator be reachable within 90 minutes. He noted that vehicle booting citations may be disputed in Municipal Court and stated that electronic tickets should provide a comparable opportunity for dispute. He further stated that pursuing a dispute through small claims court is impractical due to filing and service costs exceeding the ticket amount. He expressed concern that electronic ticketing lacks sufficient regulation and also noted issues with signage size and visibility. No additional public comment was received in person or virtually, and Mayor Underwood closed the public hearing. Mayor Underwood stated that she supported the creation of a special licensing requirement for companies engaged in this type of parking enforcement activity and expressed that such operations should be regulated. She requested a continuance of the matter to August 25, 2026, to allow Council to consider the licensing provisions of the Ordinance. Councilors Stanley and Brooks agreed with continuing the Business Item but not tabling it, to ensure appropriate remedies are addressed. Following deliberation, Councilor Stanley moved to continue the second reading of Ordinance No. 25‑18 to August 25, 2026. Councilor Brooks seconded the motion. The motion passed unanimously by a 7‑0 vote. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Signed Letters of Support Summary (Chief Administrative Officer Ineke de Jong) 7.4. March 17th Health & Recreation Committee Minutes (Recreation Director Michael Labagh) 7.5. Q1 Updates 2026 Department Goals (Town Manager Eric Heil) 7.6. Q1 Community Housing Report (Housing Planner Patti Liermann) 7.7. East Park Restrooms Project Update (Director of Engineering Eva Wilson) AVON REGULAR MEETING MINUTES TUESDAY APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 9 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:00:10 Councilor Brooks noted ongoing enforcement issues at the recycling center, citing instances of individuals improperly disposing of large items, such as automobile parts. He commended the Avon Police Department for successfully identifying and addressing a recent violation. Councilor Brooks also noted that the Eagle River Coalition will be hosting a Highway Cleanup event on May 2 and referenced additional information available through the Eagle River Coalition website. Councilor Hardy announced that the Vail Valley Partnership monthly mixer will be held in Avon at the Vail Valley Partnership office on the second floor above Alpine Bank from 5:00 to 7:00 p.m. the following evening. She invited Council members and the public to attend. Mayor Underwood stated that Stage 3 water shortage notifications were issued, including implementation of a two-day-per-week outdoor watering schedule, and noted that additional details regarding designated watering days are now available. She asked residents to conserve water, including taking shorter showers, stating that every drop will count this summer. Mayor Underwood also reminded Council and the public that enforcement of water use regulations will be considered by Council in the near future. Town Manager Heil added that the enforcement discussion may occur at the first Council Meeting in May. 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 09:19 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. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood ___________________________________ (970)748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Chief Greg Daly RE: Wildfire Preparedness Month Proclamation DATE: April 28, 2026 SUMMARY: The Town of Avon, in partnership with Eagle County Government, Eagle River Fire Protection District, Eagle County Wildfire Collaborative, and Eagle Valley Wildland, continues to advance our shared commitment to Wildland Fire Community Preparedness. In recognition of these efforts, a proclamation is being proposed to Mayor Underwood and the Avon Town Council to declare May 2026 as Wildfire Preparedness Month. This proclamation will be supported by a joint resolution in collaboration with the Eagle County Board of Commissioners and other municipalities and fire protection districts across Eagle County. BACKGROUND: Wildfire preparedness remains a priority for the Avon Town Council and Town staff. In response to increasing wildfire risks in recent years—and in anticipation of a potentially challenging upcoming fire season—the Town of Avon, in coordination with the Eagle County Wildfire Collaborative, has identified five key actions for community members to complete during the month of May to enhance overall preparedness: 1. Sign Up for Eagle County Alerts Residents are encouraged to enroll in the Eagle County Alert system to receive timely information regarding wildfire incidents and evacuation notices. Notifications can be delivered via phone, desktop, or mobile device. Community members may register at ECemergency.org for ReachWell or ECalert. The ReachWell app, which provides alerts in more than 130 languages, is also available and does not require a formal sign-up. To begin receiving alerts through ReachWell: •Download the ReachWell app (Apple or Google) •Enable notifications •Add Eagle County Alerts •Select a preferred language 2. Review Insurance Coverage Residents should contact their insurance provider to confirm that their policy accurately reflects current home features, square footage, and coverage limits. Renters are encouraged to verify that their policy includes wildfire-related damages. Page 2 of 2 3. Make an Emergency Plan and Prepare a Go Bag Households should establish an evacuation plan and assemble an emergency Go Bag. Plans should account for the “6 P’s”: • People and pets • Papers, phone numbers, and important documents • Prescriptions, vitamins, and eyeglasses • Pictures and memorabilia • Personal computers and stored data • Plastic (credit/debit cards) and cash 4. Schedule a Home Assessment Residents are encouraged to request a REALFire home assessment to identify ways to reduce wildfire risk on their property. These voluntary assessments are conducted by trained fire professionals and may qualify homeowners for cost-share mitigation grants. Additional information and applications are available at realfire.net. 5. Preparedness Recap By completing these steps, community members contribute to a safer, more resilient Town of Avon and Eagle County. Actions such as enrolling in alerts, creating defensible space, preparing an evacuation plan, and securing important belongings significantly improve community readiness. The Town of Avon looks forward to continued collaboration with regional partners and residents to strengthen wildfire preparedness and resilience. Thank you, Chief Greg Daly ATTACHMENT A: Eagle Board of County Commissioners Joint Resolution # # # Commissioner _________________________ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2026 - _________ 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, THE FIRE DISTRICTS OF GYPSUM, EAGLE RIVER, AND GREATER EAGLE, AND THE ROCK CREEK AND VAIL FIRE DEPARTMENTS, PROCLAIMING MAY 2026 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 six years, including the most destructive fire in state history just four and a half years 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, wildfires are a natural part of an ecosystem process that cannot be excluded from our landscapes. Therefore, coordinated education regarding the ignition and propagation of fire, coupled with collaborative efforts to enhance the survivability of residences and property while encouraging residents and visitors to adopt wildfire-prepared practices, are essential within an environment where wildfire coexists with human presence; and WHEREAS, Eagle County, the Towns of Gypsum, Minturn, Eagle, Redcliff, Avon, and Vail, and the Fire Districts of Gypsum, Eagle River, and Greater Eagle, and the Rock Creek Volunteer Fire Department, and the Vail Fire Department (the foregoing are hereinafter collectively referred to as the “Parties”) 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 Parties desire to join in support of Wildfire Preparedness Month and to designate May 2026 as Wildfire Preparedness Month within their respective jurisdictions. NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE PARTIES by and through their governing bodies: THAT, May 2026 is hereby designated as Wildfire Preparedness Month within the respective jurisdictions of the Parties. ATTACHMENT A: Eagle Board of County Commissioners Joint Resolution 2 THAT, the Parties hereby find, determine, and declare that this Resolution is necessary for the safety, welfare, and resilience of their residents. 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: ______________________________ Tom Boyd ____________________________ Chair Clerk to the Board of County Commissioners ______________________________ Matt Scherr Commissioner ____________________________ Jeanne McQueeney Commissioner Commissioner ____________________ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Boyd ______________ Commissioner Scherr ______________ Commissioner McQueeney ______________ This Resolution passed by __________________ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 ATTEST: TOWN OF GYPSUM, COLORADO ___________________________ By: ___________________________________ Polly Keene, Town Clerk Scott Green, Mayor ATTEST: TOWN OF MINTURN, COLORADO ________________________ By: ___________________________________ Jay Brunvand, Town Clerk Earle Bidez, Mayor ATTEST: TOWN OF EAGLE, COLORADO ________________________ By: ___________________________________ Camille Deering, Town Clerk Bryan K Woods, Mayor ATTEST: TOWN OF REDCLIFF, COLORADO ________________________ By: ___________________________________ Melissa Mathews, Town Clerk Duke Gerber, Mayor ATTEST: TOWN OF AVON, COLORADO ________________________ By: ___________________________________ Miguel Jauregui, Town Clerk Tamra Nottingham Underwood, Mayor ATTEST: TOWN OF VAIL, COLORADO ________________________ By: ___________________________________ Stephanie Kauffman, Town Clerk Barry Davis, Mayor 4 EAGLE RIVER FIRE PROTECTION DISTRICT By: ___________________________________ Name: GREATER EAGLE FIRE PROTECTION DISTRICT By: ___________________________________ Name: ROCK CREEK VOLUNTEER FIRE DEPARTMENT By: ___________________________________ Name: GYPSUM FIRE PROTECTION DISTRICT By: ___________________________________ Name: VAIL FIRE AND EMERGENCY SERVICES By: ___________________________________ Name: 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Underwood and Council members FROM: Danita Dempsey, Chief Cultural Officer RE: CASE Committee Applicant Interviews and Appointments DATE: April 1, 2026 SUMMARY: Four (4) vacancies became open on the Culture, Arts & Special Events (“CASE”) Committee on or before February 1, 2026. Outgoing members are Kerri Thelen, Thomas Walsh, Pedro Campos and Chuq Yang. Resolution No. 25-08 provides that the Council may appoint seven to nine Voting Members. As a result, the Council can appoint two to four individuals, making the Committee's total membership range from seven to nine members. The CASE Committee serves as an advisory group that reviews, researches, and offers guidance on culture, arts, and special events programming within the Town. Their responsibilities are outlined in Resolution No. 25-08, amended on May 11, 2025, and detailed in the CASE Committee Brand Ambassador provided and attached as ATTACHMENT A. BACKGROUND: In 2024, the Town’s desire to further develop Avon’s cultural strategy and offerings shifted CASE’s primary focus. Therefore, the CASE Committee Application includes specific questions related to arts and cultural strategic planning and offerings, in hopes of learning more about an applicant’s experience in this arena. The CASE Committee engages in discussion and debate on Avon’s cultural and arts strategy. And their main purview encompasses the growth and development of our special events portfolio which includes (1) evaluating an events brand for compatibility with Avon’s brand (2) ensuring a robust and diverse event calendar and (3) creating memorable experiences for the Avon community. The Town announced on December 11, 2025, that applications were open for four seats on the CASE Committee. The application period closed January 19, 2026, with six submissions: incumbents Thomas Walsh, Pedro Campos, Chuq Yang, and Kerri Thelen (who later withdrew), and new applicants Russell Frederickson and Erica Baldwin. Applicant materials are attached as ATTACHMENT B. QUALIFICATIONS: Resolution No. 25-08 states that CASE Committee Voting Members must be Eagle County residents. At least four must be registered Avon electors or owners/representatives of a business with a physical location in Avon at the time of appointment. Preference is given to those with experience in (1) special events, (2) event planning/design, (3) culture and arts, or (4) local business. Appointments are made by the Council in February, or as soon thereafter as possible, after posting notice to solicit interest. Typically, the Council should appoint up to five (5) people in odd numbered years and up to four (4) people in even numbered years to fill CASE seats. CASE COMMITTEE COMPOSITION: Provided in Table 1 below, is a summary of the continuing members with their term dates. It is important to note that at the time of Kristen Dudding’s appointment to the CASE Committee in February of 2025, she represented a business with a physical location in Avon. She to resides in Minturn and is currently seeking employment. At the time of Ian Grask's appointment to the CASE Committee in February of 2025, he was an Elector of Avon and Resident of Avon and has since moved to the Town of Vail. Page 2 of 3 All applicants are (1) registered electors of Eagle County (2) three applicants are registered electors of the Town of Avon (3) and three applicants either own or represent businesses with a physical business in the Town of Avon. Furthermore, in the order applications were received, Table 2 provides additional information on each applicant regarding whether they are registered electors of the Town, community in which they reside, whether they own or represent a business in Avon, their employer and job title. RECOMMENDATION: I recommend the Council consider following the selection process outlined directly below to interview and appoint four (4) individuals for two-year terms on the CASE Committee. SELECTION PROCESS: The applicants will attend the meeting in person and if attending virtually, be advanced to a panelist one-by-one, and in the order applications were received, provided below: 1.Russell Frederickson 2.Erica Baldwin 3.Thomas Walsh 4.Chuq Yang 5.Pedro Campos Member Term Start Date Term End Date Registered Elector of Avon Community Residency OR Owns or Representative a Business in Avon w/ Physical Address in Avon Profession Justin Chesney 1-Feb-25 1-Feb-27 Yes Avon Representative Westin Riverfront Resort & Spa | Director of Sales Alejandro Cerda 1-Feb-25 1-Feb-27 Yes Avon Representative Westin Riverfront Resort & Spa | Director of F&B Ian Grask 1-Feb-25 1-Feb-27 No Vail No Bravo! Vail | Development Manager Amy Lewis 1-Feb-25 1-Feb-27 No Eagle-Vail Yes Lewis Creative Resources, LLC Kristen Dudding 1-Feb-25 1-Feb-27 No Minturn Formerly at the Vail Valley Foundation Formerly the Senior Director of Marketing & PR Open 1-Mar-25 1-Feb-27 Open 1-Mar-25 1-Feb-27 Open 1-Mar-25 1-Feb-27 Open 1-Mar-25 1-Feb-27 Stanley, Ruth 27-Jan-26 31-Dec-26 Hardy, Lindsay 27-Jan-26 31-Dec-26 Table 1 CASE Committee Voting Members Appointment & Term Ex-Officio Non-Voting Applicant Registered Elector of Avon Community Residency OR Owns or Representative a Business in Avon w/ Physical Address in Avon Business Name Position Russell Frederickson Yes Avon Yes Redcoer Creative Alpine Group || Vail Valley Art Guild Owner || Executive Director Erica Baldwin No Eagle Yes The Christie Lodge Director of Marketing & Revenue Thomas Walsh*Yes Avon No Multiple Eagle County Employers Professional ski racer and instructor, Asst. Media Coordinator for Vail Yeti Hockey, Director Growth Markating & Community for NJ Sea Birds Anging Club Chuq Yang*Yes Avon No Cloud Lake, LLC Senior Cybersecutiry Engineer Pedro Campos*No Eagle-Vail Yes Zehren & Associates Principal, Landscape Architect & Land Planner *Denotes Current Committee Member Table 2 Page 3 of 3 After each applicant's brief introduction, there will be 3-5 minutes each for Council questions. After each applicant has had a chance to address the Council, there will be time for Council discussion. Council will then vote by ballot for their selected candidates. Once Councilors have cast their votes, the Town Clerk will tabulate the votes by each Councilor and announce which applicants received most votes to fill the vacancies. Council will then entertain motion for the record to appoint any of the potential members to the CASE Committee. PROPOSED MOTION: “I move to appoint [Russell Frederickson, Erica Baldwin, Thomas Walsh, Chuq Yang and/or Pedro Campos] to a two-year term on the CASE Committee.” Thank you, Danita. ATTACHMENTS: Attachment A – Resolution No. 25-08 & CASE Committee Brand Ambassador Responsibilities Attachment B – CASE Committee Applicant Materials ATTACHMENT A CASE COMMITTEE BRAND AMBASSADOR Brand Ambassador for Avon’s Culture, Arts & Special Events Page 1 Updated: April 2020 POSITION TITLE: BRAND AMBASSADOR DIVISION: CULTURE, ARTS & SPECIAL EVENTS DEPARTMENT: GENERAL GOVERNMENT POSITION TYPE: VOLUNTEER MONTH AND YEAR: APRIL 2020 GENERAL STATEMENT Avon is requesting the CASE Committee act as ambassadors representing our brand at Town produced and third-party produced culture, art, special events and activations. Ambassadors ideally will have flexibility in their availability to attend multiple events during their two-year term. You play an important role at Avon’s events and belong to a team that makes a positive difference in our community, the success of our events and our ability to meet our strategic goals. Your ability to build and sustain loyal, long-term relationships within our business, residential and visitor community is paramount. You are the "Bridge between our municipal staff and our community." KEY CHARACTERISTICS OF A SUCCESSFUL EVENT AMBASSADOR: o Friendly, approachable and outgoing o Knowledgeable about our community - 'Be Invited In' o Knowledgeable about Avon’s event and it’s event policies & resources o Highly personable and engaging o Ability to build relationships o Dynamic leadership skills o Passionate for Avon o Influential RESPONSIBILITIES AND DUTIES: Key responsibility is to further the success of our events by engaging with community members through personal and genuine interactions. o Attend multiple events and activations during two-year term as requested by the committee and/or events team. o Approach and welcome attendees during the event/activation. o Bring the CASE Committee vision, culture, and values to life in every interaction by sharing expertise and enthusiasm for Avon’s events. o Develop relationships with our community members and visitors and encourage them to return to experience other events. o Maximize event attendance by driving awareness of events through your resources and/or channels o Stay up to date on Town initiatives, programming and services. o Share feedback, experiences and ideas with the CASE Manager via email and with the CASE Committee during scheduled public meetings. o Follow all policies, processes, and relevant government regulations o Perform other related duties as assigned and required by the committee and/or events team CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (“CASE”) COMMITTEE DEADLINE FOR APPLICATION: JANUARY 19, 2026 Introduction: The CASE Committee was approved by the Avon Town Council on March 7, 2025, by Resolution 25-08 to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon community. The Committee is comprised of seven to nine voting members and two non-voting members. Each term is 2 years in length without term limits. The Committee meets in person with a virtual option for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject to change. Please include three references along with this application. Name: Russell Frederickson Occupation, Place of Employment & Title: Executive Director - Vail Valley Art Guild & Art Guild At Avon Mailing Address: Vail Valley Art Guild - PO Box 9733 Avon CO 81620 Physical Address: Phone: Email: Eligibility: 1.Resident of Eagle County. 2.Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3.Commit to a two-year term of volunteer service. Considering the three categories of CASE oversight (cultural, arts, and special events), which category interest you the most and why: Arts & Special Events - I am a multimedia artist, graphic designer and event specialist by trade. I have been passionate, engaged in/produced multiple forms of arts and events for over 30 years. ATTACHMENT B CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY Explain your process when developing strategy for your company or team? My background in executive leadership, creative direction, and operations across telecom, media networks, and agency environments, a practical, executive-level strategy process works best when it’s outcome- driven, cross-functional, and bias-to-action—not academic. 1. Define the Strategic Frame (Before Ideas) 2. Diagnose Reality (Unfiltered) 3. Choose Where to Play (Focus Is Strategy) 4. Decide How You’ll Win (Differentiation) 5. Translate Strategy into Action 6. Align the Organization 7. Review, Adapt, and Recommit What unique contribution (talents, skills, knowledge) could you make to the Committee? Multimedia artist, graphic designer, animator, brand strategist, video production & acquisition, laser engraving, welding, CNC cutting, sign production, event production & planning Do you have any prior volunteer board or committee experience? If so, please explain. Currently serving on board - High Five Access Media Do you have experience in developing arts and/or culture strategic plans and/or programming? Background: I have over 30 years of experience in management across telecommunications, multimedia production, design, marketing, network television, and internet industries, working in both large corporate and small business environments. I began my career as a Senior Graphic Designer at Ford Communications Network. After my time with Ford Motor Company, I became the Lead Designer and Creative Director for multiple television networks, including ABC, NBC, PAX, and ION. In 2005, I founded Redcore Creative Group, a business development and multimedia production company that continues to provide consulting services in brand development and creative operations for various companies. One of the highlights of my career was leading all network production, design, and on-air branding as Executive Vice President of the creative department for ION Media Networks. Later, as an owner of Exotic Motorcars of DC, I oversaw brand development, marketing, events, and multimedia production. At Capital Telecom Services, I led operations and supported a highly technical team delivering innovative wireless solutions in the telecommunications industry. After relocating to Colorado, I directed operations at SERVPRO, specializing in fire and water mitigation for the High Rockies region. More recently, I served as General Manager, Multimedia Artist, and Art Instructor at Alpine Arts Center. Today, REDCORE Multimedia Art Studios is headquartered in Avon & Eagle, Colorado. I am currently engaged in multiple creative roles, including Creative Director for FLINT To FLAME Productions, a brand strategy and video production company based in South Florida; a member of the Board of Directors for High Five Access Media; and Executive Director of the Vail Valley Art Guild & Art Guild At Avon. CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY What are you passionate about? ART & SERVING my community Is there anything else we should know about you? Attachments: Attachment A - CASE Committee Brand Ambassador - Responsibilities Attachment B - Resolution 25-08 Approving a Cultural, Arts and Special Events Committee Attachment C - Rules of Order CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (“CASE”) COMMITTEE DEADLINE FOR APPLICATION: JANUARY 19, 2026 Introduction: The CASE Committee was approved by the Avon Town Council on March 7, 2025, by Resolution 25- 08 to act as an advisory group providing advice concerning (1)the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and (2)the programming of cultural, arts and special events for the Avon community. The Committee is comprised of seven to nine voting members and two non-voting members. Each term is 2 years in length without term limits. The Committee meets in person with a virtual option for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject to change. Please include three references along with this application. Name:____________________________________________________________________________________ Occupation, Place of Employment & Title: __________________________________________________________________________________________ Mailing Address:___________________________________________________________________________ Physical Address: __________________________________________________________________________ Phone:____________________________________________________________________ Email:______________________________________________ Eligibility: 1.Resident of Eagle County. 2.Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3.Commit to a two-year term of volunteer service. Considering the three categories of CASE oversight (cultural, arts, and special events), which category interest you the most and why: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Erica Baldwin Director of Marketing & Revenue - The Christie Loge Po Box 1196 Avon, CO 81620 47 E Beaver Creek Boulevard Avon, CO 81620 Of the three CASE oversight categories, special events interest me the most because of my direct involvement through my work at The Christie Lodge. I see firsthand how well-planned events create meaningful experiences, bring people together, and strengthen community connections, which makes me especially invested in this area. CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY Explain your process when developing strategy for your company or team? ________________________________ _________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What unique contribution (talents, skills, knowledge) could you make to the Committee? __________________________________________________________________________________________ ____________________________________ _____________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have any prior volunteer board or committee experience? If so, please explain. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have experience in developing arts and/or culture strategic plans and/or programming? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What are you passionate about? _____ _________________________________________________ __________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ When I develop strategy, I start by getting clear on the goal and what we’re trying to achieve. I look at our audience, resources, and any potential challenges, and I like to involve the team early to get different perspectives. From there, I focus on setting clear, realistic next steps and staying flexible so we can adjust as we learn what works. I bring strong local knowledge and a practical, hands-on perspective to the Committee. Through my work at The Christie Lodge, I have a good understanding of the area, the community, and what resonates with visitors and locals, which helps me contribute ideas that are realistic, relevant, and impactful. No, I do not have prior volunteer board or committee experience, but I am eager to learn. No, I do not have experience developing arts or culture strategic plans or programming, but I bring a strong, practical perspective and relevant professional experience to the role I’m passionate about creating positive experiences for people and helping build strong connections within a community. Through my work at The Christie Lodge, I enjoy bringing people together, supporting meaningful events, and contributing to efforts that make a place feel welcoming, engaging, and well cared for. CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Attachments: Attachment A - CASE Committee Brand Ambassador - Responsibilities Attachment B - Resolution 25-08 Approving a Cultural, Arts and Special Events Committee Attachment C - Rules of Order I’m someone who’s reliable, organized, and easy to work with, and I take a lot of pride in what I do at The Christie Lodge. I care about our community, enjoy working with others, and like contributing in practical ways that make a real, positive impact. January 8th, 2026 Dear Danita, I’m pleased to recommend Erica Baldwin for appointment to the Town of Avon’s Cultural, Arts and Special Events (CASE) Committee. Erica currently serves as the Director of Sales and Marketing at Christie Lodge, where she leads our revenue and marketing efforts with strong follow-through, sound judgment, and a consistent focus on guest experience and community reputation. In her role, she stays closely connected to what visitors are seeing and saying about our property and destination—monitoring feedback, responding professionally, and translating insights into practical improvements and messaging. Erica would bring an engaged, collaborative approach to CASE and a genuine interest in strengthening Avon’s arts, culture, and special events. She has maintained our good relations with Vilar Performing Arts Center and Bravo Vail organizations. I’m confident she will contribute thoughtful input and be a reliable partner in supporting the Town’s goals to expand as an enjoyable destination in Eagle County. Thank you for your consideration. Sincerely, Eric Lickteig The Christie Lodge Chief Financial Officer PO Box 1196 | 47 E. Beaver Creek Blvd. | Avon, CO 81620 January 8th, 2026 Dear Danita, I am writing to recommend Erica Baldwin, who has applied for the CASE Committee for the Town of Avon. Erica is the Director of Marketing and Sales Revenue at Christie Lodge. She consistently exceeds expectations in her role. She is deeply involved in various aspects of the lodge, including interactions with the board, owners, and guests. Erica personally responds to all online reviews and conducts weekly meetings with staff to discuss revenue and media strategies. She demonstrates strong empathy toward her employees, and has a genuine commitment to both Christie Lodge and the Town of Avon. We consider her an invaluable asset, and I am confident that she would be a valuable member of your committee. Thank you for your consideration. Sincerely, Lisa Siegert-Free The Christie Lodge Managing Director & General Manager PO Box 1196 | 47 E. Beaver Creek Blvd. | Avon, CO 81620 January 5th, 2026 Dear Danita, I am pleased to recommend Erica Baldwin for appointment to the Town of Avon’s Cultural, Arts and Special Events (CASE) Committee. I had the opportunity to work closely with Erica in the past and remain confident in the value she would bring to this role. During the time we worked together, Erica consistently demonstrated strong leadership, sound judgment, and a clear commitment to both organizational goals and community reputation. She has a natural ability to balance strategic thinking with day-to-day execution, and she approaches her work with professionalism and accountability. Erica is particularly skilled at understanding audience perspective—whether that be guests, owners, or community partners—and translating feedback into thoughtful action. She brings a collaborative mindset to her work and communicates effectively with a wide range of stakeholders. Her interest in arts, culture, and special events is genuine, and she understands how these elements contribute to a vibrant and welcoming community. Based on my experience working with her, I believe Erica would be a reliable, engaged, and thoughtful member of the CASE Committee. I recommend her without hesitation and appreciate your consideration. Sincerely, Pamela Jensen Area Director of Revenue Hyatt Hotels Erica Baldwin Vail Valley, CO • • linkedin.com/in/erica-baldwin-0761b5152 DIRECTOR OF REVENUE & RESORT OPERATIONS | HOSPITALITY LEADER Revenue optimization leader with 16+ years of progressive experience across multi-property resort portfolios. Proven history of exceeding revenue goals through data-driven pricing strategies, competitive market analysis, and distribution management. Skilled in aligning property performance with ownership objectives, leading cross-functional teams, and leveraging advanced RMS/PMS technologies to maximize profitability. Recognized for cultivating high-performing cultures, driving operational excellence, and delivering sustainable growth in dynamic hospitality environments. CORE COMPETENCIES • Revenue Management & Pricing Strategy • Multi-Property Leadership • Market & Competitive Analysis (Destimetrics, KeyData, STR) • Forecasting & Budgeting • Channel & Distribution Strategy (OTA, GDS, Direct) • Variance & KPI Analysis (LOS, Booking Window, Channel Mix) • Tactical Marketing • Ownership Communication SYSTEMS & TOOLS KeyData | STR Reporting | IDeaS RMS | SynXis | SiteMinder | Inntopia | SMS | SPI | Navis | Revinate | TravelClick Demand360 | Google Analytics | Microsoft Excel PROFESSIONAL EXPERIENCE The Christie Lodge – Avon, CO Director of Revenue & Sales Marketing | Mar 2025 – Present • Lead integration of revenue management and marketing to maximize ADR, occupancy, and owner ROI. • Manage rental and ownership inventory (300 unit), optimizing yield between transient guests and timeshare owners. • Oversee digital marketing and SEO/SEA campaigns to drive direct bookings. • Partner with ownership groups and the Board to align revenue priorities with financial objectives. CoralTree Residence Collection – Vail, CO Director of Revenue & Reservations | Jan 2024 – Mar 2025 • Continued leadership of the same portfolio following CoralTree’s acquisition of Hyatt. • Partnered with CoralTree Home Office on pricing, distribution, and tactical marketing. • Oversaw RMS/CRS integrations and KPI monitoring (LOS, booking demand pace, channel mix). • Directed cross-functional teams both remote and on-site to ensure accountability and performance. Hyatt Destination Resort Collection – Vail, CO Area Director of Revenue & Reservations (Promotion) | Feb 2023 – Dec 2023 • Promoted to full revenue oversight across 8 properties (150+ units). • Directed pricing, forecasting, and distribution strategies, delivering consistent revenue growth. • Standardized SOPs, KPIs, and reporting across properties. Area Director of Reservations & Front Office | Sep 2021 – Feb 2023 • Oversaw front desk and reservations for three vacation rental properties (150+ rooms). • Managed 20+ team members across multiple sites, improving service and operations. • Built strong relationships with homeowners and Boards of Directors. The Christie Lodge – Avon, CO Director of Rooms & Revenue (Promotion) | Sep 2019 – Sep 2021 • Oversaw revenue strategy, reservations, and front desk operations. • Managed $5M+ in annual room revenue while improving forecasting and budgeting. • Introduced a new Rooms Manager role, streamlining departments and enhancing guest satisfaction. Revenue & Reservations Manager | Sep 2014 – Sep 2019 • Directed reservations and front desk teams, aligning service with revenue goals. • Implemented dynamic pricing strategies, boosting revenue +39% and NPS +10%. • Designed staff training and performance programs to enhance service quality. EDUCATION Bachelor of Science in Marketing & Hospitality Management Johnson & Wales University – Providence, RI CERTIFICATIONS & RECOGNITION • Registered Resort Professional (RRP), ARDA • LEAPS Leadership Award, ARDA CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (“CASE”) COMMITTEE DEADLINE FOR APPLICATION: JANUARY 19, 2026 Introduction: The CASE Committee was approved by the Avon Town Council on March 7, 2025, by Resolution 25- 08 to act as an advisory group providing advice concerning (1)the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and (2)the programming of cultural, arts and special events for the Avon community. The Committee is comprised of seven to nine voting members and two non-voting members. Each term is 2 years in length without term limits. The Committee meets in person with a virtual option for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject to change. Please include three references along with this application. Name:____________________________________________________________________________________ Occupation, Place of Employment & Title: __________________________________________________________________________________________ Mailing Address:___________________________________________________________________________ Physical Address: _ _______________________ Phone:_____________________________________________________________ Email:____________________________________ Eligibility: 1.Resident of Eagle County. 2.Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3.Commit to a two-year term of volunteer service. Considering the three categories of CASE oversight (cultural, arts, and special events), which category interest you the most and why: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Thomas Walsh Pro Ski Racer (US Ski & Snowboard), Pro Ski Instructor (Vail Resorts), Asst. Media Coord./Gameday Ops (Vail Yeti), Dir. Growth Mktg. & Community (NJ Sea Birds Angling Club) PO BOX 2821 Vail, CO 81658 Please see attached. CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY Explain your process when developing strategy for your company or team? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What unique contribution (talents, skills, knowledge) could you make to the Committee? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have any prior volunteer board or committee experience? If so, please explain. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have experience in developing arts and/or culture strategic plans and/or programming? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What are you passionate about? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Please see attached. 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CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Attachments: Attachment A - CASE Committee Brand Ambassador - Responsibilities Attachment B - Resolution 25-08 Approving a Cultural, Arts and Special Events Committee Attachment C - Rules of Order Please see attached. #*(. #-' .'.# ++'$/$*) !!! # !"!"! #! $!&! ! &"! !$& # 0'/0-')-/./ "*-$ .$)/ - ./( /# (*./ 0. /# . )# '+ // -.#+ /# '*)"/ -($ )/$/4*!*0-*(0)$/4-/# -/#).$)"' 1 )/*-(*( )/$)/$( /-*)"0'/0-' )-/.$)$/$/$1 .$)!'0 ) #*2+0'$.+ .- 0. 2#*. 1*$ .- - +- . )/ )#*2 ..$' - /$1 3+- ..$*)$.-*.." $'$/4)&"-*0)( .+ $''4$)/ - ./ $) .0++*-/$)"-/.)0'/0-' !!*-/./#/- $)/ "-/ $)/**0-*((0)$/46. 1 -44'$! #$. 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' / 2*0'-$)"./ 4 )"" +- . ) /*/# *(($// )*)/-$0/ /#*0"#/!0''4/* $.$*)./#/.#+ 1*)6.0'/0-')-/$./$').+ TThomas CCharles WWalsh ( EEmployment Vail Resorts Inc. – Professional Ski Instructor November 2012 – present New Jersey Sea Birds Angling Club – Dir. Growth Marketing & Community April 2025 – present Vail Yeti – Asst. Media Coordinator/Asst. Game Day Operator December 2023 – present Vail Recreation District – Vail Golf Course outside staff Summers 2020 – 2022 Gorsuch Ltd. – Holiday assistant December 2010 & 2011 Vail Market Place – Cabaret singing waiter Summer 2010 & 2011 Denver Center for the Performing Arts – New Play Summit actor May 2009 Performing Arts & Music Experience •Stagedoor Manor Performing Arts •Vail Valley Academy of Dance •Vail Performing Arts Academy •Vail Community Theater •Backstage Theater Company •Porchlight Players •Colorado Honors Jazz and Concert Bands •Colorado Children’s Chorale •Eagle County’s Got Talent (winner) •Gypsum Daze Talent Show (winner) Volunteer & Community Town of Avon Cultural, Arts and Special Events Committee Committee Member Sport Fishing Championship Media and Content Committee Member Leveraging Local Leaders Program Graduate United States Olympic and Paralympic Committee Athlete Advisory Group Committee Member International Paralympic Committee/World Para Alpine/FIS Athlete Focus Group Committee Member Lymphedema Treatment Act Advocate/lobbyist in Washington, DC Relay for Life of Savannah College of Art and Design Survivorship Committee Chairperson Savannah College of Art and Design SERVE Community volunteer Savannah College of Art and Design Savannah Film Festival Community outreach and event volunteer Bravo! Vail Valley Music Festival Instrument Petting Zoo Scholarship winner and event volunteer Vail Valley Foundation Birds of Prey Talon Crew Racecourse preparation volunteer Kelly Brush Century Ride Event volunteer The First Tee of Eagle County Vail Golf Course Team member Cross-Age Tutor Tutor and mentor for younger students Sports & Events US Ski & Snowboard Paralympic Alpine Skiing National Team 2015 – present 2x Winter Paralympian (Beijing Silver Medalist) 2018, 2022 World Para Alpine Skiing Championships 2017, 2019, 2022, 2023 Ski and Snowboard Club Vail 2000 – present U.S. Ski and Snowboard Adaptive Athlete of the Year 2019 Team USA Awards Athlete of the Month Nominee 2019 & 2016 Americas Paralympic Committee Athlete of the Month Nominee 2019 Colorado Snowsports Hall of Fame’s Adaptive Athlete of the Year 2017, 2022 United States of America Triathlon National Champion 2005 Education Keller Graduate School of Management – MBA with concentration in Marketing April 2021 Savannah College of Art and Design – BFA Performing Arts, Minor in Acting for Camera June 2017 Green Mountain Valley School – Ski and College Preparatory Academy June 2013 Vail Mountain School – Kindergarten through 9th grade education May 2010 8 9 ,20-#3"2(-, !'%%"++.*(()'-0+!-'&'.&',&"$'&)! 0*'$,+"'& +'+*&-"*')0 )',(()'-""& -"'&)&"& +!-$'(%&+&"%($%&++"'&'+!,$+,)$ )+*&("$-&+*+)+ "$&& +!()' )%%"& ',$+,)$)+*&*("$-&+*')+!-'& '%%,&"+0!'%%"++"*'%()"*'*-&+'&"&-'+"& %%)*&+.'&'&-'+"& %%)*!+)% "*0)*"&$& +!."+!',++)%$"%"+*!'%%"++%+*"&()*'&."+!-")+,$'(+"'& ')%"&,+* '&+! +!")!,)*0'!%'&+!+.& (%& (%!+&+"%)*,#++'!& +$ ""3. 2(-,* "$-%+.*-7+$,2 (2*$ (*(,& ##0$11 '71(" * ##0$11 '-,$ + (* *(&(!(*(27 *"&+' $',&+0 "*+)$+')*'+!'.&'-'&')'.&)*'))()*&++"-*'&/"*+"& ,*"&**."+!(!0*"$ $'+"'&&)**"&+!'.&'-'&++!+"%'+!")(('"&+%&+ '%%"++'+.'0)+)%'-'$,&+)*)-" -,1(#$0(,&2'$2'0$$" 2$&-0($1-% -4$01(&'2"3*230 * 021 ,#1.$"( *$4$,215'("'" 2$&-07 (,2$0$127-32'$+-12 ,#5'7 Chuq Yang Senior Cybersecurity Engineer PO Box 3847, Avon, CO 81620 I’m most interested in the arts, though culture and special events are equally as important. I think the special events is well run already, and kudos to the staff and council members for that. With the addition of the Vail Valley Art Guild at Avon, construction of Lot B, and the mixed use space, art will take a prominent role in our most heavily trafficked pedestrian area. I recently attended a few VVAG events and the talent here is worth promoting and showcasing. 6.* (,7-30.0-"$115'$,#$4$*-.(,&120 2$&7%-07-30"-+. ,7-02$ + ' 23,(/3$"-,20(!32(-,2 *$,211)(**1),-5*$#&$"-3*#7-3+ )$2-2'$-++(22$$ -7-3' 4$ ,7.0(-04-*3,2$$0!- 0#-0"-++(22$$$6.$0($,"$%1-.*$ 1$$6.* (, -7-3' 4$$6.$0($,"$(,#$4$*-.(,& 021 ,#-0"3*230$120 2$&(".* ,1 ,#-0.0-&0 ++(,& ' 2 0$7-3. 11(-, 2$ !-32 We first establish that all feedback and suggestions are welcome from team members as everyone brings a unique perspective and point of view. Then looking at backgrounds we look at what people’s strengths are and if they want to grow in other areas. We set SMART (specific, measurable, attainable, relevant and time-bound) goals and some “reach” goals. We’ll review this strategy and our goals annually at a minimum. I grew up in a small town (about 9000 people) and was one of the few minorities there. In college, I organized a Korean American students’ conference. As one of the few minorities that currently serve on the Committee, I also continue bringing the perspective of a relative new comer to the valley (5 years) as well as a layperson’s perspective on the Committee as someone who is not directly involved in the arts industry. I currently serve on the board of the Eagle River Water and Sanitation District. In the past, I’ve served as the Youth Program director and Forum Moderator for the Potomac Patuxent Chapter of Trout Unlimited. I’ve also served as a member of the Asian American Action Fund Young Professional Board of Directors as well as a board member for a charter school near Washington, DC. I’ve served on the CASE committee for the past year. As mentioned above, I chaired a committee for a Korean American Students’ Conference that showcased Korean culture for the University of Rochester campus and community. We brought in a number of Korean performances, authors, and food vendors. I’m most passionate about the environment, involvement in the local and national community, affordability and human rights. I’m a big supporter of equality for all people. I like to have fun and showcase the best of what Avon and our community bring to our visitors and residents. 12'$0$ ,72'(,&$*1$5$1'-3*#),-5 !-327-3 22 "'+$,21 ++!%&+'%%"++)&%**')*('&*""$"+"* ++!%&+*'$,+"'& (()'-"& ,$+,)$)+*&("$-&+*'%%"++ ++!%&+,$*')) I’ve had the honor of serving on the CASE committee for the past year. It has definitely been a learning experience for me. I love being involved in my community and helping the town of Avon showcase all the aspects of what makes life here so special. CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (“CASE”) COMMITTEE Introduction: The CASE Committee was approved by the Avon Town Council on March 7, 2025, by Resolution 25- 08 to act as an advisory group providing advice concerning (1)the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and (2)the programming of cultural, arts and special events for the Avon community. The Committee is comprised of seven to nine voting members and two non-voting members. Each term is 2 years in length without term limits. The Committee meets in person with a virtual option for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject to change. Please include three references along with this application. Name:Pedro Campos Occupation, Place of Employment & Title: Licensed Landscape Architect & Land Planner, Zehren and Associates, Principal & Shareholder Mailing Address:Post Office 1976, Avon, Colorado 81620 Physical Address: 48 East Beaver Creek Boulevard, Suite 303, Avon, Colorado 81620 Phone: Email: Eligibility: 1.Resident of Eagle County. YES 2.Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. THE LATTER 3.Commit to a two-year term of volunteer service. YES Considering the three categories of CASE oversight (cultural, arts, and special events), which category interest you the most and why: Culture: Culture is the foundation of a community. I’m deeply interested in continuing to explore ways to grow our Culture as a community. I have a diverse cultural background, and I am committed to sharing it with others and growing diversity in our cultural offerings via involvement with CASE. Arts: My profession as a landscape architect is intimately connected to the Arts. I have learned through my work Art enriches a community, brings it beauty, and fosters intellectual dialogue. Avon has become a more interesting place CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY since the Art Around Avon program was launched. Our 4 murals are evidence of this. They enrich the areas of town where they are located and express important cultural values and traditions while celebrating our environment. Special Events: I’m interested in how special events bring us together with each other, and with our visitors, and showcase and promote our Town’s amenities such as the Lake, the Park, and the Pedestrian Mall. Explain your process when developing strategy for your company or team? I apply a collaborative process to develop strategies in my own professional work and within our firm. We have a leadership team of 5 spread out across 4 disciplines. We set goals for the firm as a whole and we set goals for each discipline, department, and individuals within the firm. We work together in small teams towards meeting individual, department and firm-wide goals. It’s a team-oriented inclusive environment where each person is asked to participate and members of teams work together in a coordinated fashion, contributing purposefully towards a common goal. What unique contribution (talents, skills, knowledge) could you make to the Committee? I’m an experienced land planning and design professional with 30 years of diverse professional experience. I have worked on many different and notable places and projects in Colorado and the western US, especially in other ‘snow’ country communities on projects that involve design of public spaces, multi-use event spaces, parks, trails, playgrounds, and open spaces. I have a particular focus on working on mass assembly and outdoor performance facilities, including past and current work with the Gerald R Ford Amphitheater, Town of Telluride Town Park, Dillon Town Park, Nottingham Park Pavilion, Little Beach Park and the Eagle River Park to name a few. I will continue to bring insight, knowledge, and expertise in the fields of community and land planning, design, and special events planning and programming to the CASE committee. I’m also an avid music fan spanning many genres. I have visited and participated in many notable events, concerts, festivals and celebrations in a variety of unique places and venues, with my family and friends. I will continue to bring insights into our programs, venues and physical facilities, and help us remain competitive amongst our neighbors. Do you have any prior volunteer board or committee experience? If so, please explain. Yes, I have significant volunteer board and committee experience. In addition to multiple appointments on CASE the past several years since it’s inception, I have served on other location boards and organizations, including: Vail Valley Partnership Board of Directors, Betty Ford Alpine Garden, Board of Governors, Eagle County ECO Regional Trails Committee, and the EagleVail Community Garden (Founder). I have learned to work with a variety of people of different ages, backgrounds, and levels of education, and how to engage with them in a productive and respectful manner. I often facilitate public open houses and community engagement meetings through my work. Do you have experience in developing arts and/or culture strategic plans and/or programming? Yes to the extent that I have been involved in CASE and also through my professional work. In planning and designing public facilities to be used for events, we bridge the gap into working on aspects of arts and culture that involve spatial design and space for special programs. What are you passionate about? I’m passionate about our community and our place in the world, and doing the very best job taking care of it. I am passionate about enriching our community with additional cultural, arts, and special events offerings. Its been a true personal adventure to be part of CASE up until now and work directly with staff and the Council to help shape our cultural direction. I am very proud of our collective accomplishments and thankful for everyone’s time, patience and consideration of ideas I and others have shared and advocated for over the years. CASE has given me a place to voice concerns, ideas, desires and opinions about our community. I’m thankful there is a CASE in Avon and that I have been afforded the opportunity to participate, become more involved and contribute. CASE COMMITTEE APPLICATION – JANUARY 2026 DANITA DEMPSEY Is there anything else we should know about you? 2025 was a difficult time for me across several fronts. I experienced close loss and tragedy. Perhaps it’s made me realize there’s only so much time we each have and how to best use mine. I have wrapped up my roles on the VVP Board (term limited) and the ECO Trails Committee (has ceased), at least for now. In 2026 I will be able to focus more on CASE and the Betty Ford Alpine Gardens, and to continue to help each organization elevate itself and work to meet the vision and purpose of each organization. Thank you for accepting this application, considering me for CASE, and the opportunity to continue to work together with and serve the Town of Avon again. Very Sincerely, Pedro Campos - 970-331-2405 mjackson@avon.org TO: Honorable Mayor Tamra Underwood and Council Members FROM: Mike Jackson, Public Works Director RE: Landscape and Irrigation DATE: April 28, 2026 SUMMARY: The purpose of this report is to provide an update on the Town’s landscape and irrigation program for the 2026 season. In response to Stage III water shortage conditions, the Town is implementing a disciplined approach to reducing irrigation demand while maintaining key public spaces and completing targeted landscape improvements. This includes prioritizing high-use areas, limiting new planting, advancing water-wise landscaping practices, and delivering visible improvements across Town facilities and parks. The Town is also advancing the redesign of the Harry A. Nottingham Park irrigation system as a long-term investment, with design underway in 2026 and construction planned for 2027. DISCUSSION 2026 Landscape Strategy The Town is implementing a disciplined approach to landscape management this season that includes: • Reducing overall irrigation demand • Prioritizing high-use and high-visibility areas • Maintaining quality where it matters most • Limiting new planting to essential and strategic locations • Transitioning toward lower water use landscape practices This approach allows the Town to respond to current conditions while maintaining the overall quality and function of public spaces. Projects and Improvements The Town will complete several targeted landscape improvement projects in 2026, including: • Seasonal planting of 56 earth planters • Completion of landscape installation at Avon Station • Installation of water-wise demonstration gardens in Harry A. Nottingham Park, East Nottingham Park, and at Town Hall, including drip irrigation and educational signage • Turf conversion projects at Roundabout 3 and East Nottingham Park using hybrid low-water-use sod • Tree planting in key corridors to enhance shade and visual character • Town-wide landscape maintenance improvements, including mulch placement, bed preparation, and soil improvements for future planting 970-331-2405 mjackson@avon.org In addition, the Town is completing targeted improvements within Harry A. Nottingham Park, including: •Improvements to the west path entry, including landscape cleanup •Path improvements and long-term ADA planning •Enhancements near the courts, including seating, surface improvements, and evaluation of shade options •Improvements to existing planting beds along park pathways •Safety enhancements near Lake Street These improvements are focused, visible, and aligned with the Town’s overall strategy for the season. Work will be supported through seasonal staffing to assist with landscape maintenance, planting, and cleanup efforts, allowing the Town to manage work efficiently throughout the season. Irrigation System Improvements The Town is advancing the redesign of the Harry A. Nottingham Park irrigation system as a long-term investment. The project includes: •Replacement of aging infrastructure •Improvements to system efficiency and reliability •Updated controls and distribution systems Design work will occur in 2026, with construction anticipated in 2027. In the near term, the Town will continue to perform irrigation repairs and system adjustments as needed to support efficient operation. What Residents Will Notice Residents may notice some changes in landscape appearance this season, including: •Reduced irrigation in select areas •A more natural appearance in some locations These changes are intentional and reflect the Town’s approach to balancing water conservation with maintaining a high-quality community environment. FISCAL IMPACT The 2026 landscape and irrigation program is funded through the approved Public Works operating and capital budgets. The Harry A. Nottingham Park irrigation system redesign is supported by grant funding from the Colorado Water Plan, along with a local match from the Town. RECOMMENDATION This report is provided for information and discussion. No formal action is required. Landscape and Irrigation 04/28/2026 Mike Jackson Public Works Director 2026 Landscape and Irrigation Update ATTACHMENT A Landscape and Irrigation 04/28/2026 Current Conditions •Stage III Water Shortage Conditions •Reduced water availability Landscape and Irrigation 04/28/2026 Nearly all of Avon’s Irrigation System is an independent raw water system. Avon transitioned to water-wise perennials in our planting beds with drip irrigation over the last 10 years. Landscape and Irrigation 04/28/2026 Avon Irrigation System •Majority of system uses raw water •Independent of Upper Eagle Regional Water Authority •Town owned water rights •Expand Raw Water System into Village at Avon •Monitor Buck Creek stream flows •Ditch Inventory of the Nottingham & Puder Ditch, and Metcalf Ditch •Capital improvements planned for ditches and headgate Landscape and Irrigation 04/28/2026 2026 Landscape Strategy •Defer new landscaping installation where feasible •Reduce irrigation to 2 days per week •Prioritize Main Field and Lower Field •Maintain quality where it matters most Landscape and Irrigation 04/28/2026 Schedule A •10 pm –6 am •Tuesday – Sunday except for event days Schedule B •10 pm –6 am •Twice a week Irrigation Schedule (Raw Water System) Landscape and Irrigation 04/28/2026 Irrigation Schedule (Raw Water System) Schedule B •10 pm –6 am •Twice a week Landscape and Irrigation 04/28/2026 •Focused upgrades in high-use and high-visibility areas •Strategic seasonal planting aligned with water reduction goals •Tree planting to enhance key corridors and provide shade •Prioritized improvements where they have the greatest impact Targeted Projects and Improvements Landscape and Irrigation 04/28/2026 Demonstration Gardens •East Park Restrooms, Town Hall •Water-wise planting, drip irrigation, educational signs Landscape and Irrigation 04/28/2026 Recreation Center Entrance •Water-wise plants •Drip irrigation •Demonstration Garden Signage Landscape and Irrigation 04/28/2026 •Water-wise plants •Drip irrigation •Demonstration Garden Signage Town Hall Landscape and Irrigation 04/28/2026 •Finish landscaping along new recreation path •Courts area improvements •Planting bed enhancements •Safety improvements Harry A.Nottingham Park Improvements Landscape and Irrigation 04/28/2026 •Enhance entrance to path •Plant Aspen trees along path •Mulch landscape West Path Entrance Landscape and Irrigation 04/28/2026 Irrigation System Redesign •Original 40+ year old system •Expanded beyond original capacity •2026 Design •Researching Grants •2027 begin Phased Construction Highway 6 Medians Landscape and Irrigation 04/28/2026 •Planting postponed until 2027 •Mulch in 2026 •Topsoil with biochar & compost in 2027 •Top with mulch •Irrigation (Treated water) Harry A. Nottingham Barriers Landscape and Irrigation 04/28/2026 •Stone barriers placed between Lake St. and Harry A. Nottingham Park for public safety Landscape and Irrigation 04/28/2026 Hybrid Grass Replacement and Installation •Hybrid low-water-use sod •Up to 50% less irrigation •Installed in Roundabout 3 and East Nottingham Park Turf Transition and Water Reduction Landscape and Irrigation 04/28/2026 Roundabout 3 •Hybrid low-water-use sod •Up to 50% less irrigation •Install at Roundabout 3 and at East Nottingham Park East Nottingham Park Landscape and Irrigation 04/28/2026 What Residents Will Notice •Grass may be less lush, less green, or brown if extreme drought and high temperatures continue •Limited spray irrigation, mostly drip irrigation •Deferral of US6 landscaping installation to spring 2027 970-748-4413 matt@avon.org TO: Honorable Mayor Underwood and Town Council Members FROM: Matt Pielsticker, Community Development Director & Claire Perez, Planner II RE: QUASI-JUDICIAL PUBLIC HEARING MJR26-002 Major Development Plan for Comfort Inn/Hilton LEGAL: Lots 73/74, Block 2, Benchmark at Beaver Creek Subdivision DATE: April 22, 2026 SUMMARY: This report presents to Town Council (“Council”) a Major Development Plan (“MJR”) application for the renovation and expansion of the existing Comfort Inn. The applicant, Beaver Creek Blvd VIII, LLC proposes to rebrand the property as Outset Collection by Hilton. The review process requires review and recommendation by the Avon Planning and Zoning Commission (“PZC”) and review and approval by Council because the expansion exceeds 600 feet and the property is located within the Town Core. The PZC packet (“Attachment A”) from the April 13, 2026 meeting includes a narrative and plans illustrating the MJR request. PZC REVIEW: The PZC recommended Council approve this application including the suggested conditions by Staff on April 13, 2026.The PZC found the application met the design and development standards outlined in the Development Code. Discussion included layout and operation of new parking system with gates, design details and orientation of the new lobby building, colors and materials, window detailing, and rooftop equipment requirements. No public comments were received during the PZC public hearing. PZC recommended that staff return with signage and/or lighting details (see condition of approval) if deemed necessary. That recommendation, along with the findings recommended by PZC, is incorporated below in my recommendation for affirmative action by Council. OPTIONS: Council has the following options: • Approve the application as recommended by PZC • Approve the application with modified findings (or conditions) • Continue the public hearing to a specific date • Deny the application with justifiable findings RECOMMENDED FINDINGS: GENERAL CRITERIA FINDINGS §7.16.020(f)(1) – General Criteria 1. The development application is complete; 2. The development applications provide sufficient information to allow Council to determine that it complies with the relevant review criteria; 3. The development application complies with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure does not exceed current capacity. MAJOR DEVELOPMENT PLAN FINDINGS §7.16.080(g) – Development Plan Review Criteria 1. Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes, has been provided and is generally sufficient for this review; 2. The application is in conformance with the Avon Comprehensive Plan; MJR26-002 Hilton Outset – Comfort Inn April 28, 2026 Page 2 of 2 3. The plans are generally consistent with the existing approved building form and placement on the property, with only minor changes including a lobby building. 4. The development is in compliance with the applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards, and remains generally consistent with the previous approval for the existing use. 5. The development can be adequately served by public services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and 6. The development design conforms with the character of the surrounding community; and to the character of Avon as a whole. RECCOMENDED CONDITION: 1. Prior to issuance of a building permit, the Applicant shall submit a detailed lighting and signage plan for Staff review and approval. RECOMMENDATION: The remodel and reconfiguration of the port-cochere drop off building is a sizeable investment and improvement to the property. I recommend that Council approve this application, as recommended by PZC. Interior remodeling of the property was not reviewed by PZC but will be reviewed with building permit. The site improvements have been reviewed by the Engineering Department, and the project will require a building permit prior to construction. TOWN MANAGER COMMENTS: The investment to refresh the appearance of this property and to rebrand as a higher quality hotel should have a positive impact on Avon’s economy and should reinforce the investment and development of Lot B, Lot 3 and the Sun Road area. RECOMMENDED MOTION: “I move to approve case MJR26-002 based on the proposed findings and condition in Staff’s report.” Thank you, Matt ATTACHMENT: A – PZC Packet 970-748-4014 cperez@avon.org TO: Planning & Zoning Commission Members FROM: Claire Perez, Planner II RE: QUASI-JUDICIAL PUBLIC HEARING Hilton Offset formerly Comfort Inn; MJR26-002 Major Development Plan LEGAL: Benchmark at Beaver Creek Block 2, Lots 73/74 DATE: April 13, 2026 SUMMARY: This report presents a Major Development Plan (“MJR”) application to the Planning and Zoning Commission (“PZC”) for the renovation and expansion of the existing Comfort Inn. The applicant, Tim Losa of Zehren and Associates along with the property owner, Beaver Creek Blvd VIII, LLC proposes to rebrand the property as a Hilton outset Collection Hotel. The application includes demolition and reconstruction of a new lobby building and exterior improvements including a new exterior paint scheme, new landscaping, and parking control. The applicant has indicated that a separate application will be submitted for new monument and building signage. The lobby structure is proposed to increase from 2,415 square feet (sf) to 5,671 sf. Because the expansion exceeds 600 feet, and the property is located within the Town Core, the process requires a recommendation from PZC to the Avon Town Council (Council) for final review and approval. MAJOR DEVELOPMENT PLAN: The primary purpose of a Development Plan, specifically a “major” development since it exceeds 600 square feet, is to ensure compliance with the development and design standards outlined in the Avon Municipal Code. This application will be assessed to ensure it aligns with the goals and objectives of the Avon Comprehensive Plan, the design standards of Title 7, and further evaluated based on the findings specified in Section 7.16.180. PROPERTY DESCRIPTION: The Comfort Inn was constructed in 1986. The applicant has indicated that a history of renovations completed since the original construction is not readily available. However, there have been more minor improvements over the last few years, nothing as significant as what is proposed currently. The property consists of a four-story building containing guest suites, a separate lobby building, a pool, and 150 parking spaces. The site is generally flat, with a slight slope to the west, and is located adjacent to Interstate 70. It shares a property line with post office and is located within the Town Core Boundary. The property is zoned as Residential High Density Commercial, which is a retired zone district. Although the zone district is no longer active, the applicant is not seeking any changes to the zoning status . Address: 161 W Beaver Creek Blvd. Lot Size: 2.77 ac (120,557 sq. ft) Zoning: Residential High Density and Commercial (retired) Use: Lodging/Accommodations Proposed Use: No change ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 2 of 10 PROCESS: (Major) Development Plan applications are typically reviewed exclusively by the Planning and Zoning Commission. However, due to the project's location in the Town Core Boundary, the Town Council will also review this application as required by Section 7.16.080(e), which mandates Council approval for developments of this size within the Town Core. The Planning and Zoning Commission will provide a recommendation to the Council regarding this project before its review. PUBLIC NOTIFICATION & COMMENTS: Notice of the public hearing was published in the Vail Daily on April 2, 2026, in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice is not required for this application type. No public comments have been received for this application. DISCUSSION: The Development Plan includes the following changes: 1. Expansion of Entrance. The primary exterior modification consists of removing and reconstructing the porte cochere and expanding the existing 2,415-square-foot lobby to approximately 5,671 square feet; and 2.Exterior Refresh. Exterior improvements include a new contemporary exterior paint scheme, new landscaping, parking controls (gated entrances), and a complete rebrand to a “Hilton Outset” property. In general, the proposed improvements incorporate a contemporary design consistent with the rebranding from Comfort Inn to the Hilton Outset Collection. With a new revamped lobby/building and repainting the existing structure from beige to cooler color scheme, the property will have a more modern appearance. PLANNING ANALYSIS Development Plan applications require analysis to establish compliance with all applicable development and design standards set forth in the Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards. Chapter 7.20 Zone Districts and Official Zoning Map: Table 7.20-9 Dimensions for the Residential High Density Commercial District Dwelling Type Max Density (units/ acre Min. Lot Size (acres or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Landsca pe Area (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Max. Units/ Building Commercial (Lodging) 20 du/acre [1] 43,560 sq. ft. n/a 50 20 25 7.5 [2] 10 [3] 60 60 accommodation units/acre STAFF ANALYSIS & REPORT PZCPUBLIC HEARING RECOMMENDATION 4/13/2026 TOWN COUNCIL PUBLIC HEARING TBD ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 3 of 10 [1]Retail and service uses are limited to 20% of the gross floor area of the main structure or structures on the site. [2]RH abutting RSF, RD or RL shall match the side setback of those districts. [3]When abutting a public street, alley or public right-of-way. The rear setback for RH abutting RSF, RD or RL - regardless of the location of the street, alley or ROW - shall be 20 feet. Project Development Summary: AMC Existing Proposed Lot Sized in square feet and acres 43,560 sq. ft. 120,557 sf n/a Lot Coverage (Structures) 50% 25,612 sf, 21% 31,048 sf, 25% Minimum Landscape Coverage - See also proposed water budget calculations as part of the application materials 20%, 24,111 29,515 sf, 24% 27,969 sf, 23% Total irrigated area 7,871 sf, 91% Total spray irrigated area 633 sf, 8% Total drip irrigated area 7,238 sf, 92% Setbacks: Minimum Front 25.0’ 28.5’ 28.5’ Minimum Side 7.5’ 72.0’ 72.0’ Minimum Rear 10.0’ 74.0’ 74.0’ Building Height: Max: 60’ +/- 40’-0” 24’-0” to +/- 40’-0” Density (Max Accommodation Units/Acre) 166 accommodation units 148 Accommodation Units 146 Accommodation Units GENERAL COMMENTARY: Lot Coverage: •The proposed renovation increases lot coverage from 21% to 25%, consistent with the allowable maximum of 50%. Landscaping: •This project conforms with the landscaping limitations. Per the water budget calculator, the proposed Gal/sf/Season water use is 2.9, which complies with the water budget limitations of Appendix B Water Efficient Landscape Design Budget Calculator, of 7.5 Gal /Sf /Season. Setbacks: •No portion of the building is encroaching into the setbacks. ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 4 of 10 Budling Height: •The applicant indicates that the proposed lobby building height is 24 feet, which complies with the 60’ maximum height limitation. No other portions of the existing building are affecting its height with this application. 7.28.020 Parking and Loading: There are no changes proposed to the existing parking plan, outside of the additional parking lot controls. With the reduction in guest rooms from 148 to 146, 146 parking spaces are required (one per guest room). The 149 spaces provided exceed this requirement. DESIGN STANDARDS ANALYSIS: Chapter 7.28 – Development Standards 7.28.010 Purpose and applicability. (a)Purpose. The purpose of the development standards in this Chapter is to establish the minimum requirements for design and development within the Town. The development and design standards in this Chapter shall apply to the physical layout and design of all development, unless exempted by this Development Code. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods and the natural environment in order to implement the Comprehensive Plan vision for a more attractive, efficient and livable community. (b)Applicability. The general applicability of the provisions of this Chapter are more completely defined in this Section. All new development shall comply with the standards of this Chapter. Any modification to an existing development that is nonconforming to the regulations of this Chapter which results in an addition or removal of fifty percent (50%) or more of the development shall require the entire development to come into compliance. Chapter 7.28 is the most significant Code aspect used in examining a Development Plan. The following is the analysis of Hilton Outset and how it complies with this chapter. 7.28.090 Design Standards: General Purpose. The general intent of the design standards is to implement the Avon Comprehensive Plan vision of an attractive, efficient and livable community that features stable neighborhoods and promotes a mix of uses in well-designed community focal points. Importantly, to ensure a high quality appearance for residents and visitors of Avon and promote good design while allowing flexibility, individuality, creativity and artistic expression; while also protecting and enhancing the unique mountain character and economic development of Avon by encouraging physical development that is of high quality and is compatible with the character, scale and function of its surrounding area. This section will focus on key aspects of these standards, typical in reviewing a Major Development Plan. Building Design, Building Materials and Colors: Avon Development Code Section 7.28.090(c)(3), Building Materials, requires the use of high-quality, durable building materials, and states that preferred materials reflect the Town’s sub-alpine character, including native stone, wood siding, masonry, or timbers. The proposed design incorporates materials consistent with these standards, including fiber cement panels designed to replicate vintage wood, cedar soffits, and black anodized metal trim and hardware. ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 5 of 10 The new lobby building will utilize dark brown fiber cement panels, the dark door and window trim, and Class A rated cedar soffits. In general, the structure is in compliance with the recommended practices for construction within the Wildfire Urban Interface (“WUI”), a priority for Avon. The existing hotel building will be repainted with a cohesive palette, including light grey stucco on the main body of the building and dark gray paint at the stairwells that does not exceed the maximum Light Reflective Value (“LRV”) of 60. Proposed Rendering 4-Sided Design: ADC Sec. 7.28.090(j)(4)(ii) requires that the rear and side elevations of new buildings that are visible from public spaces and adjacent buildings shall be designed with equal care and quality as the front or principal face. In this case, there is only one public facing side on West Beaver Creek Blvd. The proposed east and south elevations of the lobby consist entirely of fiber cement siding with no material variation or windows, per its original design. These elevations do not provide a consistent level of architectural articulation as demonstrated on the lobby entry and pool facing elevations. However, the side elevations are not easily seen from public spaces. There is also significant material landscaping on the east and west side to help screen the building, with mature landscaping found on neighboring properties. See image, next page. ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 6 of 10 Aerial of the existing Comfort Inn Landscaping: A Landscape plan is included in the attached packet (Attachment A). The landscape plan meets the minimum requirements and utilizes mostly drip irrigation with a small area of spray irrigation for all disturbed areas. The landscape plan also notes the removal of the existing chain link fence on the property that borders I70. Generally, the plan includes planting beds with bark mulch and several deciduous trees and shrubs between the lobby building and main hotel building, however, the beds are surrounded by hardscape materials and appear to be 5’ away from both buildings, as required by Code. The existing trees on site that will be retained and or any new plantings will necessitate ongoing maintenance in accordance to Sec. 7.28.050(f) which states, Trees planted immediately adjacent to the five-foot zone that encroach within five feet of a residence should be limbed up to a height of six feet or one-third the total height whichever is less and should be trimmed or pruned to leave at least a two-foot gap between the nearest branch and the building. This requirement assists in achieving greater defensible space around structures. Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec. 7.28.090(c)(4) (Roofs). The proposed lobby building includes one primary flat roof, with two smaller flat roof elements at the front entrance designed to function as a porte-cochere, providing covered vehicular access for guest drop-off and check-in. An additional flat roof element is located near the pool entrance. The existing main hotel building features a primary flat roof with secondary shed roof elements. Although the lobby building generally utilizes a flat roof design, variation in the height of the lobby and main building creates some roofline modulation. Exterior Lighting: The application does not include a lighting plan; however, the landscape plan notes new bollards, and that all light poles on the property will be replaced. All fixtures shall meet the dark sky requirements set forth in Title 15. The applicant shall submit a lighting plan for staff review prior to building permit issuance. ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 7 of 10 GENERAL REVIEW CRITERIA: §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 deemed complete; Staff Response: The applicant has supplied sufficient materials, necessary to make a completeness determination for this application. (ii)The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria including a complete narrative with additional application materials; Staff Response: The applicants have provided adequate materials to support this finding, allowing the project to proceed forward in completing all studies and designs prior to submitting for a building permit. (iii)The development application complies with the goals and policies of the Avon Comprehensive Plan; Staff Response: The anticipated development within this area is recognized as appropriate and in general compliance with the Comprehensive Plan. (iv)The demand for public services or infrastructure has been mitigated through the ongoing development permits. Staff Response: The applicants have supplied sufficient materials necessary for establishing service for this development and is an acceptable and complete application. MAJOR DEVELOPMENT PLAN – REVIEW CRITERIA: § 7.16.080(g), Development Plan 1.Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The application generally complies with the applicable purpose statements outlined in the Development Code. Purpose (l) states, “Promote architectural design which is compatible, functional, practical, and complementary to Avon’s sub-alpine environment.” The remodel enhances the existing architectural character by incorporating a more contemporary design that aligns with a mountain modern aesthetic. This approach is consistent with other hotel developments in the area, such as The Summit (Lot B), the proposed Lot 3 condo hotel, which utilizes similar materials including stone, stucco, metal, and wood accents. ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 8 of 10 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in the Town Core District (District 1 of the Comprehensive Plan), which states, “The Town Center District serves as the heart of the community. A mix of lodging, residential, government services, civic facilities, and commercial uses complement social, cultural, political, and recreational gatherings in the District. It provides a diversity of land uses in vertically mixed-use buildings to be the common ground between full-time residents, part-time residents, and destination guests. The Town Center District will continue as the primary focus for mixed use, pedestrian-oriented residential and lodging development within the Town. The size of the parcels provides an opportunity for a variety of redevelopment opportunities. Avon should encourage redevelopment opportunities when they provide community benefit, improve street patterns, and create more direct pedestrian walkways and bike paths.” The planning principles for District 1 emphasize a mix of residential, lodging, and complementary uses. The proposed architectural design is consistent with the character of the Avon Town Core, and the project aligns with the goals and intent of the Comprehensive Plan. The proposed remodel and rebranding of the hotel will provide significant improvements to the 1987 property and support the Plan’s objective of encouraging redevelopment that delivers community benefit. The Town recently adopted the Sun Road Redevelopment Plan, which expects major redevelopment of the adjacent USPS/Walgreens and First Bank/PNC properties. Because it is close to these efforts, it is assumed that if a parking structure is added as part of the Sun Road redevelopment, the Comfort Inn would probably consider expanding or remodeling and linking to this site, with this future parking opportunity. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The application is generally consistent with the applicable subdivision plat and prior land use approvals for the property. 4. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; Staff Response: The application complies with all applicable development and design standards, and this remodel will improve the condition of the existing property. 5. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services; and Staff Response: The Public Works Department identified no concerns with the application. The Engineering Department requested that the exit gate be relocated entirely within private property to ensure that all construction and maintenance occur on-site. The applicant has submitted revised drawings addressing this request, which have satisfied Engineering’s concerns. 6. The development design conforms with the character of the surrounding community; or, where ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 9 of 10 redevelopment is anticipated, relates the development to the character of Avon as a whole. Staff Response: Community character refers to the unique identity of a place and the overall impression it creates for residents and visitors. The proposed development is consistent with the architectural character of the surrounding area and comparable projects, incorporating high-quality building materials and an appropriate intensity of use. The redevelopment reflects the mountain modern aesthetic increasingly present throughout the Town and is compatible with the broader character of Avon. RECOMMENDED FINDINGS: GENERAL CRITERIA FINDINGS §7.16.020(f)(1) – General Criteria 1.The development applications are complete; 2.The development applications provide sufficient information to allow PZC to determine if it complies with the relevant review criteria; 3.The development applications comply with the goals and policies of the Avon Comprehensive Plan; and 4.The demand for public services or infrastructure exceeding current capacity (e.g., water, sewer, and storm drainage) does not require mitigation at this time and will be coordinating prior and during the next phase for the building permit. MJR25003 §7.16.080(g) – Development Plan Review Criteria 1. Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes has been provided and is generally sufficient for this review; 2.The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria (or not); 3.The development is in compliance with most of the applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards, and remains generally consistent with the previous approval for the existing use. 4.The mixed-use and nonresidential design standards sufficiently protect and preserve the quality and character of the built environment in the Town with respect to the impacts of its design upon the community; 5.The development can be adequately served by public services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and 6.The development design conforms with the character of the surrounding community; and to the character of Avon as a whole. ATTACHMENT A MJR26-002 Hilton Outset – Comfort Inn April 13, 2026 Page 10 of 10 OPTIONS: PZC has the following options: •Recommend approval of the application as presented, with conditions •Recommend approval of the application with modified findings or conditions •Continue the public hearing to a specific date •Recommend denial, with findings PROPOSED CONDITION: 1.Prior to issuance of a building permit, the applicant shall submit a detailed lighting and signage plan for staff review and approval. RECOMMENDATION: Staff recommends approval of the application with one condition as proposed. RECOMMENDED MOTION: “I recommend Town Council approve of MJR26-002 based on the proposed findings for §7.16.080 Development Plan, §7.16.010(f)(1) General Criteria (for an application) and including the conditions as proposed in this report.” Thank you, Claire ATTACHMENT: A – Application ATTACHMENT A 1 Project Narrative Hilton Outset – Formerly Comfort Inn 161 West Beaver Creek Boulevard Avon, Colorado Benchmark at Beaver Creek, Block 2, Lots 73 and 74 Alexandra Clegg alexandra.clegg@MCMcapitalmgmt.com Introduction The applicant and property owner, Beaver Creek Blvd VIII, LLC is proposing to rebrand the current Comfort Inn as a Hilton Outset Collection Hotel. This new brand focuses on hotels with an “independent identity and experience”, but combined with Hilton’s commitment to exceptional product, service, and technology. The brand features a diverse collection of hotels, with upscale finishes and story-driven designs in locations ranging from urban destinations, adventure outposts to offbeat hubs. The hotel programming and format is flexible based upon location so that each location’s identity can be “layered with narrative and purpose”. As part of this rebranding, the applicant is proposing to renovate the existing 146 guest rooms, the existing on- site residence, guest amenities, and corridors as well as providing expanded food and beverage offerings through demolition and reconstruction of a new lobby building that will have a direct connection to the guest room structure. Exterior improvements are currently contemplated to include a new exterior paint scheme, new landscaping focused on enhancing the guest experience at the building entry and pool courtyard, parking controls, as well as new monument and building signage. The applicant would look to begin construction in April 2026, with the guest rooms and majority of guest amenities operational in November 2026. Process In accordance with Table 7.16-1, it is currently contemplated that the renovations will be required to be reviewed under the Major Design and Development Review process within the Town Core as the new lobby structure will increase the building area by greater than 600 square feet. This process would include Review by the Planning Director, a Public Hearing and Recommendation from Planning and Zoning Commission, as well as a Public Hearing and Decision from Town Council. Modifications to the building and monument signage will be reviewed under a separate application once final naming, branding and graphic studies are complete. Conformance to the Comprehensive Plan District 1: Town Center District The Town Center District serves as the heart of the community. A mix of lodging, residential, government services, civic facilities, and commercial uses complement social, cultural, political, and recreational gatherings in the district. It provides a diversity of land uses in vertically mixed-use buildings to be the common ground between full-time residents, part-time residents, and destination guests. The Town Center District will continue as the primary focus for mixed use, pedestrian-oriented residential and lodging development within the Town. The size of the parcels provides an opportunity for a variety of redevelopment opportunities. Avon should encourage redevelopment opportunities when they provide community benefit, improve street patterns, and create more direct pedestrian walkways and bike paths. ATTACHMENT A 2 Planning Principles: Develop a mix of uses that provides a strong residential and lodging bed base supported by community and guest commercial uses. Goal A.1: Promote a compact community form. Policy A.1.1: Encourage redevelopment and revitalization of outdated, rundown, or otherwise neglected areas. Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year-round residential community and as a commercial, tourism and economic center. Policy B.1.2: Focus lodging and guest accommodation in the Town Center. Goal B.4: Encourage commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services. The hotel redevelopment, which will include expanded food and beverage options, will provide a significant improvement to the amenities and services offered over the current (1988) facility. The contemporary architectural style of the new lobby bar and restaurant provides large expanses of glazing that allow for visual connection to West Beaver Boulevard as well as access for lobby patrons to expanded outdoor dining options at pool and courtyard areas. Zoning The property is currently zoned Residential High Density Commercial, (RH-C). RH-C district is intended to provide for the development of multi-family residential uses and lodge units, along with accessory and complementary commercial uses. Apartments, hotels and lodges, and retail (within lodge or hotel) uses are allowed within this district. While the current zoning is “Retired”, meaning that redevelopment proposals can suggest alternate zoning, the applicant is not seeking any fundamental change in use or density and therefore no change in zoning. As a detailed history of the renovations that have occurred since the original structures were constructed in 1986 are not readily available; the applicant has included a comparison of the original, current, and proposed development standards: Use Original Existing Proposed Parking Spaces (1/Guest Room) 150 149 149 Guest Room “Keys” 148 146 146 Dwelling 1 0 1 Lobby Restaurant Area (Square Feet) 1,050 1,050 3,125 Setbacks Required Existing Proposed Minimum Front 25.0' 28.5' 28.5' Minimum Side 7.5' 72.0' 47.0' Minimum Rear 10.0' 74.0' 74.0' ATTACHMENT A 3 Density Acres 2.7676 Accommodation Units/Acre 60 Total Allowable Accommodation Units 166.1 Lot Coverage Lot Size (Square Feet) 120,557 Maximum Lot Coverage 50% Maximum Lot Coverage (Square Feet) 60,279 Current Lot Coverage (Square Feet) 25,612 Proposed Lot Coverage (Square Feet) 31,048 Landscape Coverage Minimum Landscape Coverage (%) 20% Minimum Landscape Coverage (Sq Ft) 24,111 Current Landscape Coverage (Sq Ft) 29,515 Proposed Landscape Coverage (Sq Ft) 27,969 Building Height Maximum Building Height 60’-0” Existing Building Height +/- 40’-0” Proposed Building Height 24’-0” From our pre-application meeting, it is our understanding that “reasonable” lobby and guest amenity areas are included within the parking requirement based upon number of guest accommodation units so that the increase in the lobby area would have no significant impact on parking demands. As such, the applicant believes that the proposed renovations would not exceed the requirements of the current (retired) Residential High Density Commercial Zoning, and therefore no variance or change in zoning would be required. ATTACHMENT A Beaver Creek Resort | Avon, Colorado February 23rd, 2026 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 1AAvon, CO 81620 ATTACHMENT A Location Map © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 2AAvon, CO 81620 ATTACHMENT A (;,67,1*6859(< © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 3AAvon, CO 81620 ATTACHMENT A U G E U G E U G E UGE UGE UGE UG E UGE UG E UGE UGE UGE UG E UGE UGE UGE GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS G A S G A S GAS GAS GAS GAS GAS GAS GA S GAS G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S G A S BT L BTL B T L BT L B T L B T L BTL BTL BTL BTL BTL BTL BTL BTL B T L B T L BT L BT L BT L BTL BT L BT L BT L CO CO CO U G E UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE U G E FO P FOP FOP FOP SS SS SS SS SS SS SS SS SS UGE UGE UG E UGE UGE UGE UGE UGE UGE UGE UG E UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS U G E U G E U G E UGE UGE UGE UGE UGE UGE UGE UGE UGE UG E UG E U G E UG E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E U G E WL WL WL WL WL WL GAS GAS GAS GAS GAS GAS GAS G A S G A S GA S FOP FOP FO P TBM#1 SET MAG-NAIL NORTHING: 1658506.73 EASTING: 2711431.81 ELEVATION: 7469.02' TBM#2 SET MAG-NAIL NORTHING: 1658492.04 EASTING: 2711398.02 ELEVATION: 7468.92' B E A V E R C R E E K B O U L E V A R D 8 0 ' P U B L I C R I G H T - O F - W A Y ( A S S H O W N P E R B O O K 3 2 3 P A G E 7 2 3 ) 5 0 ' A S P H A L T P A V E M E N T C / L C / L R / W R / W LAKE S T R E E T OBSE R V E D P U B L I C R I G H T - O F - W A Y 38' AS P H A L T P A V E M E N T C/L 25' DRAINAGE EASEMENT BOOK 247 PAGE 989 ϭϯ 7.5' UTILITY & DRAINAGE EASEMENT BOOK 233 PAGE 566 RECEPTION NO. 220089 ϭϱ ϭϱ 15' UTILITY & DRAINAGE EASEMENT RECEPTION NO. 220089 ϭϲ ϭϲ 7.5' LOT SETBACK LINE BOOK 233 PAGE 566 ϭϱ 25' DRAINAGE EASEMENT BOOK 247 PAGE 989 ϭϯ ϭϱ STAIRS STAIRS RA M P RA M P RA M P RA M P EXISTING 4-STORY MASONRY BUILDING HEIGHT: 47.5' ± 22,307 ± SQ. FT. UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UG E UGE UGE U G E U G E U G E UGE B O C : 7 4 7 1 . 6 ' B O C : 7 4 7 1 . 6 ' B O C : 7 4 7 1 . 5 ' B O C : 7 4 7 1 . 0 ' B O C : 7 4 7 1 . 1 ' BOC:7471.7' B O C : 7 4 7 2 . 1 ' B O C : 7 4 7 1 . 4 ' BOC : 7 4 7 3 . 8 ' BOC : 7 4 7 2 . 2 ' B O C : 7 4 7 1 . 6 ' B O C : 7 4 7 1 . 8 ' BOC : 7 4 7 2 . 7 ' B O C : 7 4 7 1 . 5 ' B O C : 7 4 7 1 . 8 ' B O C : 7 4 7 0 . 8 ' B O C : 7 4 7 0 . 7 ' B O C : 7 4 7 0 . 6 ' B O C : 7 4 7 0 . 7 ' B O C : 7 4 7 0 . 8 ' B O C : 7 4 6 9 . 8 ' B O C : 7 4 7 0 . 0 ' BO C : 7 4 6 9 . 6 ' B O C : 7 4 7 0 . 0 ' B O C : 7 4 7 0 . 2 ' B O C : 7 4 7 0 . 1 ' B O C : 7 4 7 0 . 1 ' B O C : 7 4 7 4 . 1 ' B O C : 7 4 7 4 . 1 ' BOC:7 4 7 4 . 4 ' BOC:74 7 4 . 4 ' B O C : 7 4 7 4 . 1 ' B O C : 7 4 7 4 . 5 ' BOC:7474 . 2 ' BOC : 7 4 7 4 . 0 ' BO C : 7 4 7 2 . 7 ' B O C : 7 4 7 1 . 7 ' B O C : 7 4 7 1 . 0 ' BO C : 7 4 7 0 . 3 ' B O C : 7 4 7 3 . 6 ' BO C : 7 4 7 2 . 7 ' B O C : 7 4 7 1 . 7 ' BOC : 7 4 7 2 . 8 ' B O C : 7 4 7 3 . 6 ' B O C : 7 4 6 9 . 4 ' B O C : 7 4 6 9 . 3 ' B O C : 7 4 6 8 . 6 ' B O C : 7 4 6 9 . 5 ' BOC:7469.5' BOC:7 4 7 0 . 9 ' BOC:7 4 7 1 . 5 ' BOC:74 7 3 . 1 ' BOC:7 4 7 3 . 4 ' BOC:7 4 7 3 . 5 ' BOC:74 7 3 . 5 ' BOC:7 4 7 3 . 8 ' BOC:74 7 3 . 9 ' BOC:7 4 7 3 . 6 ' BOC:7 4 7 3 . 9 ' BOC:7474.1' BOC:7 4 7 3 . 8 ' BOC:74 7 4 . 0 ' BOC:7 4 7 4 . 0 ' B O C : 7 4 7 3 . 7 ' B O C : 7 4 7 4 . 0 ' BOC:7 4 7 4 . 1 ' FL:7 4 7 3 . 4 ' FL:7 4 7 1 . 7 ' F L : 7 4 7 1 . 6 ' F L : 7 4 7 1 . 5 ' F L : 7 4 7 1 . 6 ' FL : 7 4 7 1 . 4 ' FL:7471.2' F L : 7 4 7 1 . 0 ' F L : 7 4 7 1 . 0 ' F L : 7 4 7 1 . 1 ' F L : 7 4 7 0 . 2 ' F L : 7 4 7 0 . 7 ' F L : 7 4 7 1 . 5 ' F L : 7 4 7 1 . 4 ' F L : 7 4 7 0 . 2 ' F L : 7 4 7 0 . 6 ' F L : 7 4 7 1 . 6 ' F L : 7 4 7 1 . 4 ' FL:7 4 7 2 . 2 ' F L : 7 4 6 9 . 5 ' F L : 7 4 7 0 . 1 ' F L : 7 4 7 0 . 1 ' F L : 7 4 6 9 . 4 ' FL : 7 4 6 9 . 1 ' F L : 7 4 6 9 . 5 ' F L : 7 4 6 9 . 7 ' F L : 7 4 7 0 . 3 ' F L : 7 4 7 3 . 3 ' F L : 7 4 7 3 . 5 ' FL:747 3 . 6 ' FL:747 3 . 6 ' FL:747 3 . 6 ' F L : 7 4 7 3 . 6 ' F L : 7 4 7 3 . 6 ' FL:747 3 . 8 ' FL:747 3 . 9 ' FL : 7 4 7 3 . 5 ' FL : 7 4 7 4 . 0 ' FL:7473. 6 ' FL:7 4 7 3 . 5 ' FL : 7 4 7 2 . 2 ' F L : 7 4 7 1 . 3 ' F L : 7 4 7 0 . 6 ' FL: 7 4 6 9 . 8 ' F L : 7 4 6 9 . 0 ' FL:7469.4' F L : 7 4 6 9 . 4 ' F L : 7 4 6 8 . 9 ' F L : 7 4 6 8 . 2 ' FL:747 3 . 0 ' FL:747 3 . 3 ' FL:747 3 . 4 ' FL:747 0 . 9 ' FL:747 0 . 5 ' FL:747 3 . 0 ' FL:747 3 . 0 ' FL:747 2 . 8 ' FL:747 3 . 3 ' FL:747 3 . 5 ' FL:7473.6' FL:747 3 . 4 ' EC:7473. 8 ' E C : 7 4 7 4 . 0 ' E C : 7 4 7 4 . 1 ' E C : 7 4 7 4 . 3 ' E C : 7 4 7 0 . 5 ' E C : 7 4 7 1 . 2 ' E C : 7 4 7 3 . 0 ' E C : 7 4 7 2 . 9 ' E C : 7 4 7 1 . 2 ' E C : 7 4 7 0 . 6 ' E C : 7 4 7 1 . 0 ' E C : 7 4 7 1 . 0 ' EC:747 3 . 7 ' E C : 7 4 7 4 . 1 ' E C : 7 4 7 4 . 2 ' EC : 7 4 7 6 . 0 ' EC: 7 4 7 6 . 1 ' EC:7 4 7 5 . 8 ' EC:747 5 . 6 ' EC:7 4 7 5 . 1 ' EC: 7 4 7 4 . 5 ' EC: 7 4 7 4 . 4 ' E C : 7 4 7 4 . 3 ' E C : 7 4 7 4 . 6 ' E C : 7 4 7 4 . 4 ' E C : 7 4 7 4 . 6 ' EC:7475.4' EC:747 5 . 3 ' EC:7 4 7 4 . 8 ' EC : 7 4 7 4 . 4 ' EC:7474.7' EC:74 7 4 . 6 ' E C : 7 4 7 4 . 3 ' EC : 7 4 7 4 . 2 ' EC : 7 4 7 4 . 6 ' EC: 7 4 7 4 . 4 ' EC:7474.4' EC: 7 4 7 4 . 2 ' EC:7 4 7 5 . 7 ' EC : 7 4 7 6 . 1 ' EC : 7 4 7 6 . 0 ' EC:7 4 7 5 . 7 ' EC : 7 4 7 5 . 7 ' EC:7 4 7 6 . 1 ' EC:7 4 7 4 . 3 ' EC:747 4 . 1 ' E C : 7 4 7 4 . 3 ' EC:747 4 . 2 ' EC:747 4 . 3 ' E C : 7 4 7 4 . 3 ' E C : 7 4 7 4 . 6 ' E C : 7 4 7 5 . 3 ' E C : 7 4 7 5 . 7 ' E C : 7 4 7 5 . 7 ' EC:7475.8' EC:7 4 7 5 . 8 ' EC:7475.8' E C : 7 4 7 5 . 7 ' E C : 7 4 7 5 . 9 ' E C : 7 4 7 6 . 0 ' E C : 7 4 6 8 . 9 ' E C : 7 4 6 8 . 8 ' E C : 7 4 7 0 . 2 ' E C : 7 4 7 0 . 1 ' E C : 7 4 7 0 . 4 ' E C : 7 4 7 0 . 7 ' E C : 7 4 7 0 . 9 ' E C : 7 4 7 0 . 7 ' E C : 7 4 7 0 . 9 ' E C : 7 4 7 0 . 9 ' EC:7 4 7 6 . 0 ' EC:7 4 7 6 . 0 ' E C : 7 4 6 8 . 9 ' E C : 7 4 6 8 . 7 ' TA:7473.0' TA:7472.0' TA:7470.7' TA:7470.5' TA:7473.4' TA:7473.3' TA:7473.4' TA:7473.7' TA:7473.5' TA:7473.2' TA:7473.7' TA:7471.3' T A : 7 4 7 0 . 9 ' TC : 7 4 7 4 . 2 ' TC : 7 4 7 4 . 2 ' TC : 7 4 7 4 . 5 ' TC : 7 4 7 4 . 6 ' TC:7 4 7 5 . 8 ' TC:7 4 7 4 . 7 ' TC:7 4 7 4 . 1 ' TC:7474.3' TC:7474.2' TC:7474.1' TC:7474.1' TC:7474.2' TC:7474.1' TC:7474.2' TC:7474.4' TC:7474.4' TC:7474.3' TC:7474.3' TC:7475.2' TC:7474.7' TC:7474.4' TC:7474.3' TC:7474.4' TC:7474.2' TC:7474.7' TC:7475.3' TC:7475.7' TC:7476.1' TC:7476.0' TC:7474.6' TC:7474.2' N G : 7 4 6 9 . 0 ' NG:7469.3'NG:7467.6' NG:7467.7' NG:7470.0' NG:7471.0' NG:7469.2' NG:7469.3' NG:7469.8' NG:7473.3' NG:7472.6' E C : 7 4 7 2 . 7 ' E C : 7 4 7 2 . 6 ' T C : 7 4 7 3 . 0 ' NG:7473.0' NG:7472.8' NG:7472.6' NG:7473.0' NG:7473.3' NG:747 2 . 8 ' NG:7473.4' NG:7473.6' NG:7474.0' NG:7473 . 8 ' NG:7474.0' NG:7473.9' TA:7473.0' NG:74 7 0 . 3 ' NG:746 8 . 9 ' NG:74 6 9 . 1 ' NG:74 7 1 . 3 ' NG:74 7 3 . 5 ' N G : 7 4 6 9 . 9 ' N G : 7 4 6 9 . 6 ' NG:7470.9' NG:7471.5' NG:7471.4' NG:7473.8' NG:7472.0' NG:7473.0' NG:7472.7' FL : 7 4 7 3 . 2 ' FL : 7 4 7 2 . 2 ' F L : 7 4 7 1 . 3 ' FL:7 4 7 2 . 4 ' FL : 7 4 7 3 . 2 ' NG:7474.5' NG:7473.9' NG:7473.1' NG:7472.8' NG:7474.0' NG:7474.4' NG:7473.0' NG:7472.5'TC:7 4 7 3 . 8 ' EC:7 4 7 3 . 7 ' EC:7 4 7 4 . 0 ' N G : 7 4 7 4 . 6 ' N G : 7 4 7 5 . 1 ' NG: 7 4 7 5 . 6 ' NG: 7 4 7 5 . 0 ' NG:7 4 7 5 . 7 ' NG:7 4 7 4 . 9 ' NG: 7 4 7 5 . 4 ' NG:7474.9' NG:7475.9' NG:7475.6' NG:7475.8' NG:7475.9' NG:7475.7' NG:7475.8' NG:7474.9' N G : 7 4 7 5 . 6 ' N G : 7 4 7 5 . 4 ' N G : 7 4 7 5 . 6 ' N G : 7 4 7 5 . 7 ' NG:7475.7' NG:7476.0' NG:7475.5' NG:7474.4' NG:7 4 7 4 . 1 ' NG:7475.2' N G : 7 4 7 5 . 3 ' TC:7475.8' TC:7475.8' TC:7475.8' TC:7475.9' TC:7475.8' TC:7475.8'TC:7475.8' TC:7475.8' NG : 7 4 7 4 . 3 ' NG: 7 4 7 4 . 3 ' NG:7474.2' NG:7474.4' NG:7473.7'NG:7474.9' NG:7474.5'N G : 7 4 7 4 . 3 ' NG:7474.3' N G : 7 4 7 4 . 1 ' NG:7 4 7 4 . 2 ' NG:7 4 7 4 . 1 ' NG:7 4 7 4 . 3 ' NG:7 4 7 4 . 2 ' NG:7 4 7 4 . 5 ' NG:7474.4' NG:7 4 7 3 . 2 ' NG: 7 4 7 2 . 5 ' T A : 7 4 6 9 . 4 ' T A : 7 4 6 9 . 0 ' NG:7473.1' NG:7473.0' NG:7474.5' NG:7474.4' N G : 7 4 7 5 . 1 ' NG:7466.2' NG:7468.5' N G : 7 4 6 9 . 9 ' NG:7470.8' E A : 7 4 6 9 . 8 ' E A : 7 4 6 9 . 2 ' E A : 7 4 6 8 . 7 ' E A : 7 4 6 8 . 1 ' E A : 7 4 7 0 . 9 ' E A : 7 4 7 0 . 7 ' EC:747 3 . 8 ' TC:7474.6' POOL POOL EXISTING 1-STORY MASONRY BUILDING HEIGHT: 23.5' ± 2,415 ± SQ. FT. EXISTING 1-STORY MASONRY BUILDING HEIGHT: 13.4' ± 164 ± SQ. FT. OVH OVH OVH SD SD SD SD SD SD SD SD SD SD SD SD RIM ELEVATION: 7472.39' OPENING NE SW 6" PVC SW BOTTOM: 7469.7' RIM ELEVATION:7473.14' INVERT NE (6" PVC):7468.7' INVERT N (6" PVC):7468.7' INVERT SW (6" PVC):7468.6' SD SD SD SD S D S D S D S D S D S D S D S D RIM ELEVATION: 7473.63' CONCRETE OPENING NW 6" PVC SE BOTTOM: 7469.7' RIM ELEVATION:7468.82' INVERT N (6" PVC):7460.8' INVERT SE (6" PVC):7460.5' SS SS S S SET 5/8" REBAR CAPPED "WINNICKI PLS .0038854" FOUND 3/4" REBAR HELD PER PLAT MAP 220089 (BOOK 323, PAGE 723) CC CC CC CC CC CC CC CC CC CC CC NG NG NG NG NGNG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG T T E E G T T T LOT 73/74 BLOCK 2 FINAL SUBDIVISION PLAT-AMENDMENT NO. 4 161 WEST BEAVER CREEK BOULEVARD AVON, EAGLE COUNTY, COLORADO 81620 APN: R013907 120,557 ± SQ. FT. OR 2.768 ± ACRES UGE 7468' 7469' 7467' 7468' 7470' 7471' 7472' 7473' 7473' 74 7 3 ' 7474' 74 6 9 ' 747 0 ' 7471' 7472' 7473 ' 7475 ' 7475 ' 747 6 ' 74 7 6 ' 74 7 6 ' 7476 ' 747 5 ' 7475' 747 4 ' 747 4 ' 7 4 7 0 ' 7 4 7 1 ' 7 4 7 2 ' 7 4 7 3 ' 7 4 7 4 ' 7475 ' Y C/L NO PARKING AREA WALL LINE OVERHEAD POWER LINE FENCE LINE CENTERLINE RIGHT-OF-WAY LINE EASEMENT LINE BOUNDARY LINE TELEPHONE PEDESTAL CLEANOUT DRAIN GRATE WATER VALVE ELECTRIC BOX OVH OVERHANG BHL BUILDING HEIGHT LOCATION N/F NOW OR FORMERLY (R)RECORD DIMENSION PER BOOK 323 PAGE 723 (M)MEASURED/CALCULATED DIMENSION R/W BOLLARD LIGHT FIRE HYDRANT FOUND MONUMENT AS NOTED SET MONUMENT AS NOTED HANDICAP PARKING NG NATURAL GROUND POWER POLE T CO G E E T SIGN IRRIGATION CONTROL VALVE ELECTRIC VAULT ELECTRIC MANHOLE FIBER OPTIC VAULT FLAG POLE GAS METER GAS VALVE TELEPHONE BOX WALL FLARED END SECTION CC CONCRETE DA DUMPSTER AREA UGE UNDERGROUND POWER LINE FOP UNDERGROUND FIBER OPTIC LINE BTL UNDERGROUND TELEPHONE LINE GAS UNDERGROUND GAS LINE WL WL UNDERGROUND WATER LINE SS SS UNDERGROUND SANITARY SEWER BOC BACK OF CURB FL FLOWLINE EC EDGE OF CONCRETE TC TOP OF CONCRETE NG NATURAL GROUND TA TOP OF ASPHALT PVC POLYVINYL CHLORIDE PIPE RCP REINFORCED CONCRETE PIPE SD SD UNDERGROUND STORM SEWER TEMPORARY BENCHMARK (TBM) WE N S SURVEY REVIEWED BY: KLR SURVEY DRAWN BY: PAM - 01/12/2026 SHEET: 2 OF 2 16+,/2+'5,9()$<(77(9,//($5 (0$,/6859(<#%/(:,1&&20 2)),&()$; :::%/(:,1&&20 1 6+,/2+ '5,9( )$<(77(9,//( $5 161 WEST BEAVER CREEK BOULEVARD AVON, EAGLE COUNTY, COLORADO 81620 LOCATED IN: SECTION 12, T OWNSHIP 5 SOUTH, RANGE 82 WEST, SIXTH P.M. GRAPHIC SCALE 0 SCALE: 1" = 20' 10' 20'40' SURVEYOR JOB NUMBER: 25-11531 SURVEY PREPARED FOR: BEAVER CREEK BLVD VIII LLC 7232*5$3+<6859(< © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 4AAvon, CO 81620 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 5AAvon, CO 81620 (;,67,1*&21',7,216 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 6AAvon, CO 81620 (;,67,1*&21',7,216 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 7AAvon, CO 81620 (;,67,1*&21',7,216 ATTACHMENT A (;,67,1*&21',7,216 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 8AAvon, CO 81620 ATTACHMENT A (;,67,1*&21',7,216 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 9AAvon, CO 81620 ATTACHMENT A (;,67,1*&21',7,216 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 10AAvon, CO 81620 ATTACHMENT A (;,67,1*&21',7,216_/2%%< © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 11AAvon, CO 81620 ATTACHMENT A (;,67,1*&21',7,216 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 12AAvon, CO 81620 ATTACHMENT A (;,67,1*&21',7,216 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 13AAvon, CO 81620 ATTACHMENT A (;,67,1*&21',7,216 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 14AAvon, CO 81620 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 15AAvon, CO 81620 (;,67,1*(;7(5,256,7(&21',7,216 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 16AAvon, CO 81620 (;,67,1*(;7(5,256,7(&21',7,216 ATTACHMENT A (;,67,1*,17(5,25&21',7,216 © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 17AAvon, CO 81620 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 18AAvon, CO 81620Overall Landscape Site Plan ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 19AAvon, CO 81620 CO CO CO 66 ,& 9 ,&9 ,& 9 ,&9 ,& 9 ,& 9 ,& 9 ,& 9 ,& 9 ,& 9 *9 7 7 )2 ( ( * 7 7 7 36 BTL BTL BTL FOP FOP ( * : 9 7 UP DN UP DN 1 : 1 2 7476' - 4 1 / 4 " LOBBY BUILDING (NEW) EXISTING POOL EXIST. SPA EX I S T I N G SI D E W A L K WEST HOTEL WING (EXISTING) EAST HOTEL WING (EXISTING) EXIST. POOL BLDG WE S T B E A V E R C R E E K B O U L E V A R D EXISTING PARKING LOT EXISTING PARKING LOT EXISTING PARKING LOT DECORATIVE METAL PANEL SCREENING FENCE NEW LANDSCAPE ISLAND DROP O F F TURF LAWN AREA REPLACED WITH NEW PLANT BED (BARK MULCH) NEW PLANT BED (BARK MULCH) EXISTING BOULDERS RIVER ROCK COBBLE MULCH RIVER ROCK COBBLE MULCH BARK MULCH NEW POOL FENCE APPROXIMATE LOCATION OF EXISTING MONUMENT SIGN APPROXIMATE LOCATIONS OF EXISTING TREES TO REMAIN, TYP RIVER ROCK COBBLE MULCH RIVER ROCK COBBLE MULCH NEW PLANT BED APPROXIMATE LOCATIONS OF EXISTING TREES (TO REMAIN) CANOPY ROOF (ABOVE) CANOPY ROOF (ABOVE) NEW POOL FENCE CANOPY ROOF (ABOVE) EXISTING CONC PATIO AND POOL DECK TO REMAIN EXISTING CONC PATIO TO REMAIN TURF LAWN LIMIT OF WORK EXISTING TREE TO REMAIN H1 H1 H1 H1 H1 H1 H1 H1 H1 H1 H1 H1 CONIFEROUS TREES FOR POOL DECK SCREENING H1 H1 EXISTING TREES TO REMAINPERENNIALSPERENNIALS H2 H2 H2 H3 H3 H3 H3 H3 H3 H2 ORNAMENTAL GRASSES FLOWERING TREES NEW PLANT BED (BARK MULCH) H2 H3 H3 H2 H1 H1 H3 H3 H3 ORNAMENTAL TREES PERENNIALS AND ORNAMENTAL GRASSES ENTRY GATE EXIT GATE EXIT ONLY GATE BOLLARD LIGHTS, TYP (REF LIGHTING PLANS) PLANT SCHEDULE Symbol Key Botanical QTY Size Notes Deciduous Trees Shrubs Symbol Key Botanical Common Name QTY Size Spacing Notes CS Cornusstolonifera'Arctic Fire' Red Twig Dogwood Common Name 5 gal. RR Rosa rugosa'Hansa'Rugosa Rose 5 gal. PL Cheyenne Mock Orange 5 gal.Philadelphuslewisii 'Cheyenne' Grasses Symbol Key Botanical Common Name QTY Size Spacing CA Calamagrostis xacutiflora 'KarlFoerster' Feather Reed Grass 77 3 gal. Notes 11 6 4 RT Rhus typhina 'Bailtiger' TIGER EYES Tiger Eyes Sumac 15 gal.2 AN Amorpha nana Dwarf Leadplant 5 gal.21 SV Syringa vulgaris'Josee'Josee Lilac 5 gal.6 DC Panicum virgatum'Shenandoah'Shenandoah Switch Grass 53 3 gal. Perennials Mixed Species (See Perennial List) Symbol Common Name Total Area Spacing As Shown Notes N/A MA Malus 'SpringSnow'Spring Snow Crabapple PM Pinus mugo'Tannenbaum'Tannenbaum Mugo Pine 3 PT Populustremuloides Aspen 2 Groundcover Materials and Seeding Bark Mulch Finely ShreddedCedar Mulch 3" Depth "Gorilla Hair"or Equal7,030 SF River Rock Cobble Mulch 1,439 SF Symbol Common Name Total Area Material / Product Depth / Rate Supplier 1" RoundDecorativeCobble 3" Depth Tower Pitor Equal PA Pinus aristata Bristlecone Pine 1 3" Cal. 14' Ht. PR Russian Sage 5 gal.Perovskiaatriplicifolia 29 Size 1 gal. QTY 479 6' Ht. 5 SN HS Helictotrichonsempervirens Blue Oat Grass 30 3 gal. 3 5 gal.Medium SI Syringareticulata'Ivory Silk' Japanese Tree Lilac 5 Single - stem3" Cal. Coniferous Trees PH Potentillafruticosa 'Hachdon'Bella Sol Potentilla 9 5 gal. PB Prunus besseyi'Pawnee Buttes'Pawnee Buttes Sand Cherry 21 5 gal. Low Low PG Picea pungens'Montgomery'Montgomery Blue Spruce 7 3' Ht.Medium RF Rosa foetida'Bicolor'Austrian Copper Rose 4 5 gal.Low AU Arctostaphylos xcoloradoensis'Panchito' Panchito Manzanita 13 5 gal.Low PC Prunus x cistena Purple Leaf Sand Cherry 6 15 gal.Medium BT Berberis thunbergii'Orange Rocket'Orange Rocket Barberry 55 5 gal.Low Water Usage Medium Medium Medium Multi-stem Low Low Medium Very Low Low Low Low Low Low Medium Low Low Turf Grass Sod 633 SF Green ValleyTurf Company2""Colorado Blue" Sod Bluegrass PS Pinus mugo'SherwoodCompact' Sherwood Mugo Pine 11 2' Ht.Low SYMBOL LEGEND: NEW LIGHT LIGHT POLE (REF LIGHTING PLAN) EXISTING TREES TO REMAIN BUILDING ENTRY LIMIT OF WORK COLORED CONCRETE PAVING P2 VEHICULAR PAVERS SIZES: 6 x 6, 6 X 12 AND 12 X 12 (80mm THICKNESS) P3 PEDESTRIAN PAVERS SIZES: 6 x 6, 6 X 12 AND 12 X 12 (60mm THICKNESS) PROPERTY LINE EXISTING CONTOUR METAL POOL FENCE (5' HT) DECORATIVE METAL SCREENING FENCE (5' HT) NEW BOLLARD LIGHT (REF LIGHTING PLAN) L2.1 1 LANDSCAPE PLAN 1" = 16'-0" (30" x 42" SHEET) 8'16' 32'0 LANDSCAPE AREA PROVIDED TOTAL IRRIGATED AREA SPRAY AREA DRIP AREA 8,632 SF / 7.2% OF LOT 7,871 SF / 91.2% OF LANDSCAPED AREA 633 SF / 8.0% OF IRRIGATED AREA 7238 SF / 92.0% OF IRRIGATED AREA IRRIGATION AREA CALCULATIONS HYDRO ZONES NO WATER VERY LOW 1,907 SF LOW 5,331 SF MEDIUM HIGH COOL SEASON / TURF GRASS 633 SF H1 H2 H3 H4 H5 H6 IRRIGATION NOTES: 1. EXISTING IRRIGATION SYSTEM SHALL BE MODIFIED TO ACCOMMODATE NEW PAVING EXTENTS AND LANDSCAPING. 2. IRRIGATION SYSTEM TO BE MOISTURE SENSOR AUTOMATED AND TIME CLOCK OPERATED. SHRUBS, TREES, AND PERENNIALS TO BE DRIP OR MICRO SPRAY TYPE IRRIGATION. TURF AREAS TO BE SPRAY HEAD TYPE IRRIGATION WITH HIGH EFFICIENCY SPRAY NOZZLES. 3. AUTOMATIC DRIP EMITTER IRRIGATION SHALL BE PROVIDED AT ALL NEW TREES, SHRUBS, AND GRASSES. AUTOMATIC MICRO-SPRAY OR SUBSURFACE DRIP IRRIGATION SHALL BE PROVIDED AT ALL PERENNIAL BEDS. AUTOMATIC 6" POP-UP SPRAY HEADS OR ROTORS SHALL BE PROVIDED FOR SOD OR LAWN AREAS. ALL OVERHEAD IRRIGATION HEADS SHALL BE SPACED ON CENTER PER THEIR COVERAGE RADIUS TO PROVIDE EVEN AND EFFICIENT WATERING. ALL SPRAY HEADS SHALL BE INSTALLED WITH A SWING PIPE CONNECTION AT EACH HEAD. 4. PROVIDE SCHEDULE 80 4'' PVC SLEEVING BELOW ALL HARDSCAPE TO ADJACENT PLANTING AREAS. PERENNIAL PLANT LIST: BOTANICAL NAME COMMON NAME QTY Achillea 'Summer Wine'SUMMER WINE YARROW 4% Artemesia 'Sliver Mound'SILVER MOUND SAGEBRUSH 5% Aquilegia 'Bluebird'BLUE BIRD COLUMBINE 4% Aquilegia 'Crimson Star'CRIMSON STAR COLUMBINE 4% Calamintha nepeta 'Blue Cloud'CALAMINT 4% Centranthus ruber JUPITERS BEARD 4% Delosperma congestum HARDY ICEPLANT 4% Echinacea 'Flame Thrower'HYBRID CONEFLOWER 4% Gallardia x grandiflora 'Kobold' GOBLINGOBLIN BLANKET FLOWER 5% Geranium 'Johnson's Blue'JOHNSON'S BLUE GERANIUM 4% Hemerocallis 'Autumn Red'RED DAYLILY 4% Heuchera pulchella 'Sandia Mtn.'SANDIA MTN.CORAL BELLS 4% Leucanthemum x superbum SHASTA DAISY 4% Liatris spicata 'Kobold'GAYFEATHER 4% Lupinus perennis LUPINE 5% Lychnis coronaria ROSE CAMPION 4% Monarda didyma 'Pardon My Cerise'RED BEE BALM 4% Penstemon strictus ROCKY MOUNTAIN PENSTEMON 4% Penstemon digitalis 'Husker Red'HUSKER RED PENSTEMON 4% Stachys byzantina LAMBS EAR 5% Sedum 'Autumn Joy'AUTUMN JOY STONECROP 4% Salvia nemorosa 'Blue Marvel'BLUE MARVEL SALVIA 4% Salvia x sylvestris 'Snow Hill'SNOW HILL SAGE 4% Rudbeckia flugida 'Goldstrum'BLACK EYED SUSAN 4% NOTES: 1. IRRIGATION AREA CALCULATIONS SHOWN ABOVE ARE FOR THE MODIFIED PLANT BEDS WITHIN THE LIMIT OF WORK ONLY. 2. THE TOTAL LANDSCAPE AREA FOR THE ENTIRE LOT IS 27,968 SF (23.2% OF THE TOTAL LOT AREA) Landscape Plan ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 20AAvon, CO 81620 Syringa Reticulata ‘Ivory Silk’ Japanese Tree Lilac Pinus aristata Bristlecone Pine Pinus mugo ‘Tanenbaum’ Tanenbaum Mugo Pine Picea pungens ‘Montgomery’ Montgomery Blue Spruce Concrete Pavers at Main Entry and Patio Colored Concrete (Davis Color “Sierra’River Rock Cobble Mulch Metal Pool Fence (5’ Height) Decorative Metal Panel Screening Fence Plant Materials Hardscape Materials Fence and Screening Materials Trees Shrubs Ornamental Grasses Perennials Malus ‘Spring Snow’ Spring Snow Crabapple Populus tremuloides Quaking Aspen Arctostaphylos x coloradoensis Panchito Manzanita Potentilla fruticosa ‘Hachdon’ Bella Sol Potentilla &DODPDJURVWLV[DFXWLÀRUDµ.DUO)RHUVWHU Feather Reed Grass Achillea ‘Summer Wine’ Summer Wine Yarrow Panicum virgatum ‘Shenandoah’ Shenandoah Switch Grass Helictotrichon sempervirens Blue Oat Grass Rosa foetida ‘Bicolor’ Austrian Copper Rose Rosa rugosa Rugosa Rose Amorpha nana Dwarf Leadplant Berberis thungbergii ‘Orange Rocket’ Orange Rocket Barberry &RUQXVVWRORQLIHUDµ$UFWLF)LUH¶ Red Twig Dogwood Perovskia atriplicifolia Russian Sage Philadelphus lewisii ‘Cheyenne’ Cheyenne Mock Orange Prunus x cistena Purple Leaf Sandcherry Prunus besseyi ‘Pawneed Buttes’ Pawnee Buttes Sand Cherry Rhus Typhina ‘Tiger Eyes’ Tiger Eyes Sumac Sambucus nigra Black Lace Elderberry Syringa vulgaris ‘Josee’ Josee Lilac Aquilegia ‘Bluebird’ Blue Bird Columbine Calmintha nepeta ‘Blue Cloud’ Blue Cloud Catmint Delosperma congestum Hardy Ice Plant Penstemon strictus Rocky Mountain Penstemon Stachys byzantina Lamb’s Ear Lychinis coronaria Rose Campion Monarda didyma Red Bee Balm Leucanthemum x superbum Shasta Daisy Centranthus ruber Jupiters Beard Lupinus perennis Lupine Heuchera pulchella Sandia Mountain Coral Bells *DOODUGLD[JUDQGLÀRUDµ.REROG¶ Blanket Flower Hemerocallis ‘Autumn Red’ Red Daylily Landscape Materials ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 21AAvon, CO 81620 ),567/(9(/&,5&8/$7,21)/2253/$1 '1 '1 '1'1 83 /281*( 5(&(37,21 2)),&( 681'5,(6 *$0( %$5 ',1,1* %2+ 9(67,%8/( /8**$*( 0(&+ 5(675220 ;; 5(675220 ;;),71(66 ;; 6.,781( &21)(5(1&( 6((6,7(/$1'6&$3(3/$1$1' 6859(<)25(;,67,1* &21',7,2161276+2:1+(5( $ 6,7(3/$11(: 352-(&7 1257+ ATTACHMENT A % % (;7(5,25:$//),1,6+(6,1',&$7('21 (/(9$7,2165()(5(1&(7$*6%(/2:)25 0$7(5,$/6 5()(5(1&(522)3/$1)25/2&$7,2162)522) &20321(176127,1',&$7('21(;7(5,25 (/(9$7,216 (;7(5,25(/(9$7,21*(1(5$/127(6 $ %),%(5&(0(171,&+,+$9,17$*( :22'9(57,&$/3$1(/ &(0(173/$67(5678&&2 $ /2%%<322/(/(9$7,211(: $ /2%%<(175<(/(9$7,211(: © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 22AAvon, CO 81620 /2%%<(/(9$7,216 ATTACHMENT A % +27(/&211(&725 322/&2857<$5'% $ /2%%<($67(/(9$7,211(: $ /2%%<(/(9$7,21/22.,1*($671(: © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 23AAvon, CO 81620 /2%%<(/(9$7,216 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 24AAvon, CO 81620 +27(/(/(9$7,216 (;7(5,25:$//),1,6+(6,1',&$7('21 (/(9$7,2165()(5(1&(7$*6%(/2:)25 0$7(5,$/6 5()(5(1&(522)3/$1)25/2&$7,2162)522) &20321(176127,1',&$7('21(;7(5,25 (/(9$7,216 (;7(5,25(/(9$7,21*(1(5$/127(6 $ %),%(5&(0(171,&+,+$9,17$*( :22'9(57,&$/3$1(/ &(0(173/$67(5678&&2 $$ $ $ $ $ $ % % $$ H?' R F X P H Q W V ? 2 X W V H W & R O O H F W L R Q + R W H O B O D X U D K # ] H K U H Q F R P UY W $ ($67:,1*6(/(9$7,21&2857<$5'1(: $ 6287+:,1*6(/(9$7,21&2857<$5'1(: $ 6287+:,1*6.,9$/(7(175<1(: ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 25AAvon, CO 81620 +27(/(/(9$7,216 $ $ $ $ $ % % (;7(5,25:$//),1,6+(6,1',&$7('21 (/(9$7,2165()(5(1&(7$*6%(/2:)25 0$7(5,$/6 5()(5(1&(522)3/$1)25/2&$7,2162)522) &20321(176127,1',&$7('21(;7(5,25 (/(9$7,216 (;7(5,25(/(9$7,21*(1(5$/127(6 $ %),%(5&(0(171,&+,+$9,17$*( :22'9(57,&$/3$1(/ &(0(173/$67(5678&&2 B $ 6287+:,1*1(/(9$7,211(: $ 6287+:,1*67$,56(/(9$7,211(: ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 26AAvon, CO 81620 /2%%<5(1'(5,1*6 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 27AAvon, CO 81620 /2%%<5(1'(5,1*6 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 28AAvon, CO 81620 /2%%<5(1'(5,1*6 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 29AAvon, CO 81620 /2%%<5(1'(5,1*6 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 30AAvon, CO 81620 /2%%<5(1'(5,1*6 ATTACHMENT A CLASS A RATED - CEDAR SOFFITS STUCCO PAINT - MAIN BODY OF EXISTING HOTEL BUILDING STUCCO PAINT - STAIRWELLS AND WATERFALL TRIM OF EXISTING HOTEL BUILDING NICHIHA FIBER CEMENT PANELS 3030 VINTAGE WOOD - COLOR BARK BLACK ANODIZED DOOR TRIM/ WINDOW TRIM AND HARDWARE © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 31AAvon, CO 81620 $ $ $ $ % % $ 6287+:,1*67$,56(/(9$7,211(: (;7(5,250$7(5,$/6 (;7(5,25:$//),1,6+(6,1',&$7('21 (/(9$7,2165()(5(1&(7$*6%(/2:)25 0$7(5,$/6 5()(5(1&(522)3/$1)25/2&$7,2162)522) &20321(176127,1',&$7('21(;7(5,25 (/(9$7,216 (;7(5,25(/(9$7,21*(1(5$/127(6 $ %),%(5&(0(171,&+,+$9,17$*( :22'9(57,&$/3$1(/ &(0(173/$67(5678&&2 ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 32AAvon, CO 81620 83 '1 %2 & %2 & %2& %2& %2 & %2 & %2 & %2& %2& %2 & %2 & %2 & %2 & %2& %2 & %2& %2& )/ )/ )/ )/ )/ )/ )/ )/ )/ )/ )/ )/ (& (& (& (& (& (& (& (& (& (& (& (& (& (& (& (& (& ( & (& (& (& ( & ( & (& ( & (& (& ( & (& (& (& (& (& (& (& (& (& ( & (& (& 7 $ 7 $ 7 $ $ 7 $ 7 $ 7 $ 7& 7& 7& 7& 7& 7& 7 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 7 & 1 * 1 * 1 * 1 * 1 * )/ )/ )/ )/ )/ 1 * 1 * 1 * 1 * 1 * 1 * 1* 1* 1* 1* 1* 1 * 1 1 * 1* 1* 7 7 & 7 & 1* 1* 1 * 1 * 1 * 1 * 1 * 1* 1 * 1* 1* 1* 1* 1* 1* 1 * 1 * 1 * 1 * 1 * 1* (& 7 & ( ; , 6 7 , 1 * 6 7 2 5 < 0 $ 6 2 1 5 < % 8 , / ' , 1 * + ( , * + 7 6 4 ) 7 ( ; , 6 7 , 1 * 6 7 2 5 < 0 $ 6 2 1 5 < % 8 , / ' , 1 * + ( , * + 7 6 4 ) 7 6 7 $ , 5 6 6 7 $ , 5 6 * , & 9 , & 9 6) /2%%<%8,/',1* 352-(&7 1257+ (;,67,1*/2%%<)22735,17 EXISTING LOBBY FOOTPRINT 2,145sf ATTACHMENT A © 2026 Zehren and Associates, Inc. Outset Collection by Hilton 33AAvon, CO 81620 1 1 & 2 & 2 , & 9 , & 9 , & 9 , & 9 83 '1 '1 '1 '1 83 $$$$ )) **** %% (( && '' )) $$ $ $ % % 6) /2%%<%8,/',1* %XLOGLQJ$UHD/HJHQG *URVV%XLOGLQJ$UHD 83 83 5(&(37,21 2)),&( ',1,1* %$5 %2+ 9(67,%8/( /8**$*( 0(&+ 681'5,(6 ,7 *$0( 352-(&7 1257+ 1(:/2%%<)22735,17 NEW LOBBY FOOTPRINT 5,671sf ATTACHMENT A 970-748-4023 jskinner@avon.org Page 1 of 7 TO: Honorable Mayor Underwood and Town Council Members FROM: Jena Skinner, AICP, Planning Manager RE: PUBLIC HEARING – CTA 26-002 Code Text Amendment FIRST READING ORDINANCE 26-05 DATE: April 15, 2026 SUMMARY: This report presents to Town Council (“Council”) First Reading of Ordinance 26-05, a Code Text Amendment (“CTA”) application to modify and or update certain provisions throughout the Avon Municipal Code (“Code”) focusing on increasing wildfire resiliency within the Town of Avon. Over the past 12 months, Town Staff has been working collaboratively with regional partners to regarding new wildfire resilience measures that are in alignment with the newly adopted 2025 State of Colorado Wildfire Resilience Code (“CWRC”). The proposed updates to our existing code will meet or exceed the minimum standards set forth by the CWRC, while reflecting Avon’s distinctive layout and topography, infrastructure, landscapes, and vision for future redevelopment. The CWRC was established by Senate Bill 23-166 in 2023 in order to develop a statewide baseline model code for wildfire resiliency. The mandate for adoption of this code (or an accepted alternative by the State) is within the first quarter of 2026, with a final adoption deadline prior to July 2026. All of Avon lies within the Wildfire Urban Interface and Wildfire Hazard Area. Our goal is to align with neighboring municipalities in addressing Avon’s wildfire resiliency by adopting Eagle County's wildfire hazard rating maps and with consistent site and classification standards for defensible space requirements. In regulating landscaping and by increasing structural hardening requirements through the use of Class 2 ignition-resistant materials, Avon will strengthen its resiliency from the ground up. All of these changes will be captured in Titles 7 and 15 of the Avon Municipal Code (“CODE”). OVERVIEW: The following sections contain modifications: Title 7 – Development Code (Ordinance Exhibit A) • 7.08.010 Definitions • 7.24.070 Accessory Uses and Structures • 7.28.050 Landscaping • 7.28.080 Fences • 7.28.100 Natural resource Protections Title 15 – Buildings and Construction (Ordinance Exhibit B) • Chapter 15.25 - International Wildland-Urban Interface Code • Related: Adoption of the established Eagle County Wildfire Urban Interface (“WUI”) hazard maps as part of the Community Wildfire Protection Plan (“CWPP”) that define the boundaries of the WUI. GOALS: Avon is proactively implementing the most advanced wildfire mitigation strategies, drawing from proven approaches in neighboring mountain communities within and around Eagle County into our codes. By integrating these best practices into local policy, Avon demonstrates a commitment to safeguarding our community while honoring our unique layout, infrastructure, and vision for future growth. In addition to strategic modifications to Title 7, Avon proposes the adoption of targeted provisions for Title 15: Building and Construction, with a strong emphasis on enhancing the resilience of structures. This will be achieved by requiring the use of high-quality, fire-resistant materials - such as siding, roofing, and vents - and CTA26-002 Wildfire Code Text Amendment April 16, 2026 Page 2 of 7 incorporating resilient design features for all new construction and additions within Avon’s Wildland Urban Interface (“WUI”). By tailoring the Avon Municipal Code standards to the unique challenges of mountainous areas, the proposed building code and planning provisions will meet or surpass the minimum requirements established by the CWRC. As part of the CWRC, the State has created an online wildfire mapping system that accompanies the resiliency code. This mapping system is not as comprehensive as the Eagle County wildfire mapping system incorporated as part of the CWPP that Avon relies on for guidance. Avon’s goal is to replace the State’s mapping with Eagle County’s more distinct and realistic hazard maps as part of our code in lieu. These updates will not only heighten awareness of the critical relationship between the built environment and wildfire risk, but also provide clear, actionable guidance as residents renovate homes and as Avon plans for responsible, resilient new development. PROCESS: Updating Title 7 Development Code with this amendment works in parallel with updates the Title 15 Building and Construction to conform to the State’s expectations in increasing community resilience to wildfire. Amendments to Title 7 require presentation to the PZC but Title 15 does not. These updates will parallel one another but are on slightly different timelines as a result of the Code process requirements. PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 17, 2026. No public comments have been received. DISCUSSION: Key expectations of the State’s Colorado Wildfire Resiliency Code: The 2025 Colorado Wildfire Resiliency Code (CWRC) mandates enhanced building standards in WUI areas to improve structural survivability against embers and radiant heat. Key requirements for local jurisdictions include Class A roofing, ember-resistant vents (1/8-inch mesh), noncombustible siding, and strict defensible space vegetation management. Summary of Expectations (Basic): Mandatory Local Adoption • Deadline for Adoption: Local jurisdictions in designated WUI areas must adopt a code that meets or exceeds the CWRC by April 2026. • Full Compliance: Enforcement and full compliance are expected to begin by July 2026. • Local Control: Jurisdictions may implement stricter regulations than the state minimum but cannot go below them. Avon filed a petition/waiver to implement more applicable provisions that meet or exceed the State code. STAFF ANALYSIS & REPORT PZC PUBLIC HEARING RECOMMENDATION 3/9/26 3/24/26 TOWN COUNCIL ORDINANCE & PUBLIC HEARING 1st Reading April 28 2nd Reading May 12 STATE of CO 2025 requirements with 2026 adoption of code by towns CTA26-002 Wildfire Code Text Amendment April 16, 2026 Page 3 of 7 Tiered Structure Hardening - Requirements are based on Fire Intensity Classifications: 1. Class 1 Hardening (Low Intensity): • Class A fire-rated roof coverings or assemblies. • Noncombustible gutters and downspouts. • Ember-resistant ventilation openings. 2. Class 2 Hardening (Moderate/High Intensity): Includes all Class 1 measures plus: • Exterior Walls must use noncombustible, ignition-resistant, or fire-retardant- treated wood. • Decks/Fences: Noncombustible or ignition-resistant materials for decks and for fences within 8 feet of a structure. 2.- Class 2 is what Avon would be classified within the WUI, which encompasses the whole Town and surrounding unincorporated areas. This makes it easier to apply code. It also ensures (to the greatest extent possible) that mitigated properties next to properties that have never been mitigated have greater protection. Defensible Space Standards The code mandates three distinct "Structure Ignition Zones" for new construction and significant additions: • Zone 1 (0–5 feet): Requires noncombustible surfaces (rock, gravel, concrete) and prohibits most new plantings. • Zone 2 (5–30 feet): Focuses on fuel load reduction, including specific spacing for trees and shrubs. • Zone 3 (30–100 feet): Concentrates on keeping fire on the ground through tree crown spacing. Avon is proposing a simpler requirement with 2-zones: 0-5 and 5-10+ zones but containing the same restrictions plus even more specificity for firewood as many lots/owners do not have an extra 30 feet of private property to separate wood from (example) a multi-family unit/condo. Instead, Vail and Avon would permit wood to be stored in a fire/ember-proof metal box closer to the unit. Applicability & Scope The CWRC primarily applies to new construction and certain existing property modifications: 1. New Footprints: Additions that increase a structure’s footprint by 500 square feet or more. 2. Exterior Alterations: Repairs or replacements affecting 25% or more of a roof or exterior wall surface. 3. Accessory Structures: Small, detached structures (under 120 sq. ft.) located more than 10 feet from a habitable building 1. All exterior modifications including new landscaping, addition of accessory structures, additions, etc. will be applicable to these code changes. 2. Small accessory structures are typically exempt from building code, but not from Title 7 (7.24.070 Accessory Uses and Structures) As the existing Code already includes landscaping zones aded in 2023, much of this update clarifies and incorporates improved language surrounding these zones and also infuses the learned experiences Staff has encountered in working with the public using our existing provisions, as well as those experiences CTA26-002 Wildfire Code Text Amendment April 16, 2026 Page 4 of 7 shared with Avon, by other jurisdictions. The State’s CWRC also expands the relationship between planning and building codes as it relates to accessory structures, storage of firewood, and fencing where new considerations of neighboring property boundaries and proximity to offsite improvements now play a part in the siting of these additions. Staff’s greatest criticism of the State’s code is that it appears to be written as if all properties were flat, large lot, single-family environments. The mapping also depicts varying hazard ratings for properties, which our fire professionals feel is inadequate for Avon. This is based on the composition and juxtoposition of Avon where much of our town is located on the valley floor, but we are surrounded by mountaineous terrain on two sides of our elongated township. Age and materials of structures also affect ratings, as does property landscaping. If only a limited number of properties are mitigated, the threat still is high for neighboring, unmitigated properties. A catestrophic wildfire that may occur at a higher elevation in Wildridge, Buck Creek, Beaver Creek etc., increases the potential for fire embers to “rain down” onto the valley floor. Avon is predominently a mix of older duplex, multi-family, and commercial structures, and as such, the State’s code does not truly reflect the fire potential of Avon regardless of lot size in the topographical area we live in. Adopting a well-thought out and pragmatic system of provisions that result in hardening our structures and balancing veritcal and horizontal improvements like landscaping, is the best course of action for Avon. Unless we impose retro-active wildfire mitigation – which is not being proposed, taking a more restrictive approach to wildifre will be necessary for Avon. The Wildfire Urban Interface: Common myths about wildfire in the Wildland-Urban Interface (WUI) often underestimate human agency and fire behavior like, “…only forests burn.” Misconceptions that homes inevitably burn is false when proactive defensible space, structural hardening, and ember management is utilized and can significantly reduce risk, as wildfire often spreads through ignitable debris rather than direct flame contact. • Post-fire research shows that preparing a home with defensible space (removing fuels) and using fire-resistant materials can substantially increase a home’s chance of survival. • Embers (wind-borne firebrands) are the primary cause of home ignition, often landing on roofs or in gutters far ahead of the actual fire front. Wildfires can be extinguished and homes can still burn due to the release of fire embers that can travel up to two (2) miles away. • While materials matter, a non-combustible home filled with flammable and managed landscaping or debris, or homes having open, unscreened vents or storage of combustible materials adjacent to homes under decks, can still ignite. • Wildfires depend on the "fire triangle" - heat, oxygen, and fuel. If fuel is reduced (vegetation, woodpiles) around a home, the fire can pass without destroying the structure. • The "home ignition zone" extends up to 200 feet, requiring management of tree canopies, brush, and flammable, dry, or dead materials well beyond the immediate structure. • Any area where homes intermingle with wildland or overgrown/dense vegetation - is a high-risk WUI. CTA26-002 Wildfire Code Text Amendment April 16, 2026 Page 5 of 7 PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for CTA26-002 (Code Text Amendment). GENERAL REVIEW CRITERIA (applicable to both applications): Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This Code Text Amendment is complete. Staff believes sufficient information exists to allow PZC and Council to review this application with the applicable review criteria. This application will not impact demands for public services or infrastructure because it is not a development application. CODE TEXT AMENDMENT: REVIEW CRITERIA: The Town Council must consider a set of review criteria when reviewing code changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code §7.16.040, Code Text Amendments. Staff responses to each review criterion are provided below. (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: This update aims to directly improve the health, safety, and general welfare of the Avon community by increasing the resiliency of the built environment through improved wildfire mitigation standards. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: This amendment attempts to improve the Code to support the resilience of the Avon community through wildfire mitigation. Wildfire mitigation is not historically a common provision of Comprehensive Plans. Through the collaboration with neighboring jurisdictions, the Eagle County Community Wildfire Protection Plan has been utilized by jurisdictions within Eagle County as a wildfire mitigation guiding document stretching back to 2005. As Avon has been involved with this document for CTA26-002 Wildfire Code Text Amendment April 16, 2026 Page 6 of 7 over a decade, it has become a “go to” document for implementing wildfire mitigation. Although not an officially adopted plan by Avon, its mapping and provisions are recognized by Avon and will be adopted through the amendment of Title 15 in using the mapping as Avon’s official source for reviewing wildfire hazards. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals and purposes for the Avon community that support Staff’s efforts to enhance the Avon Municipal Code. The most relevant goals that may be applied include the following: • Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality • Minimize the risk of damage and injury to people, structures and public infrastructure created by wildfire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; • Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; • Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; and • Promote the health, safety and welfare of the Avon community. Wildfire mitigation supports the community’s resilience. Improved wildfire management also reduces wildfire damage and protects communities and ecosystems pre and post wildfire – especially in its protection of our water systems and environmental resources. Post-wildfire outcomes have a devastating impact on watersheds as the removal of vegetation from fire results in a higher risk of flooding and mudslides - up to 5 years after a wildfire, until vegetation is restored. Increasing wildfire protections throughout the community has a direct relationship with the sustainability and preservation of Avon. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: In 2026, wildfires have become an increasingly frequent occurrence, with recent fires becoming the most economically devastating realities for Colorado. While wildfire insurance is typically included in standard homeowners policies, in Colorado, significant risk and recent catastrophic wildfires have made it harder to obtain and more expensive, particularly in the "wildland-urban interface" (WUI). Coupled with the ongoing drought and state-mandated water conservation measures, these challenges underscore the critical need to enhance Avon's community resilience. Safeguarding our town and citizens is a top priority and will remain a central focus of the built environment moving forward. In summary, these proposed amendments neither remove nor modify the intentions or purposes of the Avon Municipal Code; instead, increasing wildfire protections that are similar to neighboring jurisdictions brings consistency promoting a realistic Code for all users CTA26-002 Wildfire Code Text Amendment April 16, 2026 Page 7 of 7 RECOMMENDED FINDINGS: GENERAL CRITERIA FINDINGS: 1. The development application is complete; 2. The development application provides sufficient information to allow the reviewing authority to determine if it complies with the relevant review criteria; 3. The development application complies with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity does not require mitigation as there is no development application accompanying the Code Text Amendment that results in a physical project that utilizes public services or infrastructure. CODE TEXT AMENDMENT FINDINGS: 1. The text amendment promotes the health, safety and general welfare of the Avon community by focusing on increasing the safety of residents by promoting wildfire protections in the WUI; 2. This text amendment promotes and strengthens the implementation of the goals and policies of the Town of Avon Comprehensive Plan as well its supporting plans; 3. The text amendment consistently promotes or implements the purposes stated in this Avon Municipal Code with increased protection language pertaining to development; and 4. The text amendment is necessary or desirable to respond to changed conditions, community resilience concepts, and State mandates, as they pertain to wildfire. OPTIONS: Council has the following options with the Application: • Approval of the application as drafted • Approval of the application with changes • Continue the public hearing to a specific date • Recommend Denial, with findings RECOMMENDATION: Approval of this Code Text Amendment package. PROPOSED MOTION: “I move to approve Ordinance 26-05 amending Title 7 Development Code Chapters 7.08.010 Definitions, 7.24.070 Accessory Uses And Structures, 7.28.050 Landscaping, 7.28.080 Fences, and 7.28.100 Natural Resource Protections, as well as Title 15 Buildings And Construction Chapter 15.25 International Wildfire Urban Interface of the Avon Municipal Code on First Reading, based on the findings in Sections §7.16.010(f)(1) General Criteria (for an application) and §7.16.040, Code Text Amendments, as presented.” Thank you, Jena ATTACHMENTS: A: Ordinance 26-05 EXHIBITS: A. Title 7 Proposed Development Code Text Amendments B. Title 15 Proposed Amendment: Chapter 15.25 IWUI Ord 26-05 Code Text Amendment: Title 7 and 15 Page 1 of 3 ORDINANCE 26-05 AMENDING TITLE 7 DEVELOPMENT CODE CHAPTERS 7.08.010 DEFINITIONS, 7.24.070 ACCESSORY USES AND STRUCTURES, 7.28.050 LANDSCAPING, 7.28.080 FENCES, AND 7.28.100 NATURAL RESOURCE PROTECTIONS, AND TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.25 INTERNATIONAL WILDFIRE URBAN INTERFACE OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, Town Staff has been working collaboratively with regional partners regarding new wildfire resilience measures that are in alignment with the adopted 2025 State of Colorado Wildfire Resilience Code (“CWRC”) to develop and adopt a consistent version of this code instead of simple adoption of the State’s code as it does not reflect the environment of our mountainous community; and WHEREAS, the Colorado Wildfire Resiliency Code was established by Senate Bill 23-166 in 2023 in order to provide a statewide baseline model code for wildfire resiliency; and WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Code Text Amendment (“CTA”) application to amend the Titles 7 and 15 in response to the State’s mandate where with these amendments, the Avon Municipal Code will replace the prescribed standards set forth in the CWRC, while reflecting Avon’s distinctive layout and topography, infrastructure, landscapes, and vision for future redevelopment; and WHEREAS, A Governing Body with jurisdiction in an area within the wildland-urban interface (“WUI”)- such as Avon, has the authority to adopt building or fire codes to adopt a wildfire resiliency code regulation that meet or exceed the minimum standards set forth in the Codes adopted through the State of Colorado; and WHEREAS, the update to Chapter 15.25 would implement a new Appendix J within this chapter, determined by the Avon Building Official as the most appropriate location for expanding wildfire resiliency in the Town Code; and WHEREAS, the proposed language modifying and updating specific provisions of Avon Code Sections 7.08.010 Definitions, 7.24.070 Accessory Uses and Structures, 7.28.050 Landscaping, 7.28.080 Fences, and 7.28.100 Natural Resource Protections are included as Exhibit A, and Title 15 Buildings and Construction, Chapter 15.25 International Wildfire Urban Interface (“IWUI”) ATTACHMENT A Ord 26-05 Code Text Amendment: Title 7 and 15 Page 2 of 3 is included as Exhibit B of this Ordinance; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”) considered all comments, testimony, evidence, and Town Staff reports regarding the amendments of Title 7, and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application after publishing and posting notice as required by law, and conducting public hearings on March 9, 2026, and March 23, 2026; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application of Title 7; and WHEREAS, after publishing and posting notice in accordance with the requirements of Avon Municipal Code (“AMC”) Section 7.16.020(d), Step 4: Notice, Council held a public hearing and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application also complies with AMC §7.16.010, General Criteria; and WHEREAS, based on the acceptance of certain findings as presented for the applicable AMC Sections, the Council has approved this application; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Council, or any member of the Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Code Text Amendments. AMC §7.08.010, §7.24.070, §7.28.050, §7.28.080 and §7.28.100, are hereby amended as depicted in “Exhibit A – Title 7 Code Text Amendments” and §15.25 is hereby amended as depicted in “Exhibit B – Title 15 Code Text Amendment” depicting the language to be added or amended. 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 Ord 26-05 Code Text Amendment: Title 7 and 15 Page 3 of 3 not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on April 28, 2026,and setting such public hearing for May 12, 2026, at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. Ord 26-05 Code Text Amendment: Title 7 and 15 Page 4 of 3 BY: ATTEST: _____________________________ _______________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on May 12, 2026 BY: ATTEST: _____________________________ _______________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: _____________________________ Nina P. Williams, Town Attorney WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 1 of 25 7.08.010 General Definitions The terms in this Section shall be defined as stated in this Section. The rules of interpretation stated in Section 7.04.040, Interpretation, shall apply to the interpretation and application of the definitions in this Section. Access means the driveway or pathway, by which pedestrians and vehicles shall have adequate, usable and legal ingress and egress to property, use or parking space. Access grade means the slope of a road, street, driveway or other means of access, as measured from the edge of asphalt along the centerline of the means of access. Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot (or on a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use. Accessory structure means a subordinate building that is located on the same lot on which the main building is situated, and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental. Accommodation or accommodation unit means any room or group of rooms used primarily for transient lodging and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than six hundred (600) square feet. For the purposes of calculating allowable units per acre or density, each accommodation unit shall be counted as one-third of a dwelling unit, except as set forth in the definition of dwelling unit herein. Adjacent means meeting or touching at some point or separated from a lot or parcel by one (1) of the following: a street, alley or other right-of-way, lake, stream or open space. Adjacent property owner means an owner of record of any estate, right or interest in real property abutting and within three hundred (300) feet of the subject property. Alley means a minor or secondary way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Alteration means any change, addition or modification in construction, occupancy or use or change in the exterior materials or design which is inconsistent with an approved design. Animal boarding means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel. Annual high water mark means the visible line on the edge of a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one [1] year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. EXHIBIT A - TITLE 7 WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 2 of 25 Applicant means an owner of real property, the owner's representative or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Appurtenances are the visible, functional or ornamental objects accessory to and part of a building. Arcade is a series of arches supported on piers or columns. Architectural projection means a building element (i.e., chimney, cupola) which physically projects beyond the plane of a required limitation (i.e., height). Artificial Turf means a product comprised of synthetic materials developed to resemble natural grass. Automobile repair shop, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Automobile repair shop, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Awning means a roof-like cover of canvas or other material extending in front of a doorway or window or over a deck, to provide protection from the sun or rain. Balcony means that portion of a structure that is essentially open and outward from the main building with a floor and a railing, with or without a ceiling and over four (4) feet above the existing ground level. Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year. Basement means the definition of basement as set forth in the most recent version of the International Building Code adopted by the Town. Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. Berm means a mound of earth used to screen or separate one (1) area from another to reduce visual, noise and similar impacts of development. Berm may also mean the act of pushing earth into a mound. Best Management Practice (BMP) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures and practice to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 3 of 25 Blank wall means an exterior building wall with no openings and a single material and uniform texture on a single plane. Block means a unit of land or a group of lots, bounded by streets or by a combination of streets and public lands or other rights-of-way other than an alley, waterways or any barrier to the continuity of development or land which is designated as a block on any recorded subdivision plat. Buildable area means the area of any site, lot, parcel or any portion thereof which does not contain land under water, public rights-of-way, areas in excess of forty percent (40%) slope or other constraints which restrict the physical ability or legal right to build on the property. Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land and has one (1) or more floors and a roof. Building Code means the building codes adopted in Title 15 of this Municipal Code, as may be amended. Building envelopes means portions of a lot within which all buildings are confined and is delineated on a plat; a specified area that does not alter or otherwise affect existing setbacks or easements. Building frontage means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display or a primary entrance to the building. Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof or sloping roof to the existing grade or finished grade directly below said point. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 4 of 25 Bus shelter means a facility or area which provides protection from the weather to persons who are waiting to board a publicly owned or franchised bus. Bus stop means a facility for the loading and discharging of bus passengers. Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch caliper size and as measured at twelve (12) inches above the ground for larger sizes. Carport means a structure attached or made a part of the main structure and that is open to the outside on at least two (2) sides for the purpose of sheltering motor-driven vehicles used by occupants of the main structure. Cash-in-lieu (also known as fee-in-lieu) means that the payment of funds to the Town instead of the dedication of real property interest when the Council determines that the dedication of real property interest is not practical or as beneficial as payment of cash-in-lieu of land dedication. Payment of cash-in-lieu shall comply with the following requirements unless otherwise provided for by this Code: (a) Payment shall be based on the fair market value of the entire property based on the per square foot value of the property with the requested development approval that requires dedication of land or cash-in-lieu. (b) The value of the land shall be based upon an amount negotiated between the Town and the applicant taking into consideration sales of comparable properties. In the event that the Town and the applicant are not able to negotiate a mutually acceptable per square foot value for cash- in-lieu of dedication of land, the applicant shall provide an appraisal to the Town at the applicant's cost for consideration by the Council. The Council may accept the applicant's proposed appraised value or may reject the applicant's proposed appraised value and commission an independent appraisal which shall be paid by the applicant. The Council shall then use the appraised value as set forth by the appraisal commission by the Town. (c) Combination of dedication and cash-in-lieu: (1) The applicant, at the option of the Council, may meet the dedication requirements through a combination of cash-in-lieu and land dedication in those cases where a portion of the dedication of land is not desired. (2) The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of, such cemetery. Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children, but specifically excludes any family WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 5 of 25 care home as defined in this Code. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades so long as the school system is not also providing extended day services. Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including but not limited to commercial motion picture houses or stage productions. Combustible and flammable materials mean objects that are comprised of any natural or synthetic material that can ignite, burn, or support combustion when subjected to fire or heat. Unlike noncombustible materials (e.g., steel, masonry), combustible materials are often organic solids such as wood, paper, or plastics. Similarly, liquids that can ignite, burn, or combust with a flashpoint below 100 degrees Fahrenheit are classified as flammable. Common element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project. Common open space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development. Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Community Housing means the definition of Community Housing as set forth in Avon Municipal Code Section 3.14.020. Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time, provided that such amendments or supplemental documents are adopted by ordinance. Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project which does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 6 of 25 Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit. Connecting walkway means: (a) Any street sidewalk; or (b) Any walkway that directly connects a building entrance to the street sidewalk and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route. Conservation easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space or historical importance. See also Section 38-30.5-102, C.R.S. Construction (activity) means work done on a job site that alters the existing conditions of a property. Construction staging plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage and construction trailer location, as applicable. The staging plan may be combined on the same plan sheet as the pollution control plan. Convenience retail store means a retail store containing less than five thousand (5,000) square feet of gross floor area, which sells everyday goods and services which may include, without limitation, ready-to- eat food products, groceries, over-the-counter drugs and sundries. Council means the governing board of the Town of Avon. Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls. Critical facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Critical wildlife habitat and migration corridors means areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce. Crosswalk means a pathway delineated on a street for pedestrians to cross. Cul-de-sac means a local street with only one (1) outlet and having the other end for the reversal of traffic movement. Dedicated real property interest means real property interest transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 7 of 25 Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public agency. Defensible space means an area either natural or human-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. Density, dwelling units per acre, means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per- acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land]. Design standard means any standard that sets forth specific requirements for development improvements. Detention basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets. Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development. Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property or the division of property to create two (2) or more separate ownership interests. (a) Development shall also include: (1) Any construction, placement, reconstruction, alteration of the size or material change in the external appearance of a structure on land; (2) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (3) Any change in use of land or a structure; (4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land; (6) The demolition of a structure; (7) The clearing of land as an adjunct of construction; (8) The deposit of refuse, solid or liquid waste or fill on a parcel of land; (9) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 8 of 25 (10) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area. (b) Development shall not include: (1) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of way; (2) Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic generating activity; (3) The maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; (4) The use of any land for an agricultural activity; (5) A change in the ownership or form of ownership of any parcel or structure; or (6) The creation or termination of rights of access, easements, covenants concerning development of land or other rights in land. Development plan, major means all new building construction over six hundred (600) square feet and as further defined in Section 7.16.080. Development plan, minor means all new building construction six hundred (600) square feet or less and as further defined in Section 7.16.080. Development plan, PUD means the written and graphical documents that detail the provisions for development of a PUD development. These provisions may include and need not be limited to easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrians, areas and parking facilities; and common open space and other public facilities as further defined in Section 7.16.060. Director means the Director of the Community Development Department of the Town of Avon, as such person is designated by the Town Manager. District means a section or sections of the incorporated area of the Town for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein. Drainage (system) means a built system of pipes, channels or trenches or finished grades utilized to convey stormwater runoff. Drive aisle means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer service. Drive-in use means an establishment which, by design, physical facilities, service or packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 9 of 25 Driveway means a constructed vehicular access serving one (1) or more properties and abutting a public or private road. Dwelling means a building or portion thereof, used exclusively for residential occupancy, including single-family dwellings, duplex and multi-family dwellings. Dwelling, apartment means a room or suite of rooms in a multi-family structure that is arranged, designed, used or intended to be used as a housekeeping unit for a single family on a rental basis only. Dwelling, duplex means a building occupied by two (2) families living independently of each other. Dwelling, live/work means an attached dwelling unit that contains a commercial component of not more than a specified percentage of the unit's gross floor area. Dwelling, multi-family means a dwelling containing three (3) or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations. Dwelling, single-family means a building designed exclusively for occupancy by one (1) family, but not including mobile home, otherwise provided herein. Dwelling, timeshare, interval ownership or fractional fee ownership means any parcel or lot of land or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four (4) persons (ownership of an interest in joint tenancy by two [2] persons being considered one [1] person for the purpose of this Section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others). Timesharing unit includes, but is not limited to, a timeshare estate as defined in Section 38-33-110, C.R.S. Dwelling unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, duplex or multi-family dwelling or mixed-use building. Eagle Valley means the area between Vail, Redcliff, and Dotsero; not including Burns, Bond, or McCoy. Easement means an ownership interest in real property entitling the holder thereof to use, but not possession, of that real property for one (1) or more specific purposes, public or private. Efficiency kitchen means a portion of a room within an accommodation unit or dwelling that may contain a sink, refrigerator, dishwasher, microwave oven, cooktop, wet bar or similar facility but expressly not a stove or oven. Stub-outs for natural gas, propane or 220-V electric hookups are not allowed. Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression. Employee means a person employed in a building or on a property during normal periods of use. Employee housing means that housing used exclusively for persons employed in Eagle County. Environmentally sensitive area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridge lines. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 10 of 25 EV means a vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source or charger. EVSE or electric vehicle supply equipment means the equipment or hardware used to supply electricity to electric vehicles for the purpose of recharging their batteries (also known as electric vehicle chargers, charging stations, or electric vehicle ports). Family – see Household Family child care home means a private residence in a single unit dwelling or dwelling unit in a multiple unit dwelling for the purpose of providing care for not more than twelve (12) children, and operated by a person who resides in the same dwelling unit, where the care is provided for periods of less than twenty-four hours of care per day. Farm animal means animals commonly raised or kept in an agricultural, rather than an urban, environment, including but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules. Fire-resistance-rated construction means the use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland urban interface area. FEMA means Federal Emergency Management Agency. Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of water from channels and reservoir spillways; (b) The unusual and rapid accumulation or runoff of surface waters from any source; or (c) Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as earth carried by a current of water and deposited along the path of the current. Flood Insurance Rate Map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding courses that can be used to determine BFE for some areas. Floodplain or flood prone area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The statewide standard for the designated height used for all newly studied reaches shall be one-half (0.5) foot. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 11 of 25 Footprint, also called ground level footprint, means the outline of the total area which is covered by a building's perimeter at ground level. Foster care home means a facility that is certified by the County Department of Social Services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. Frontage means the portion of a lot that fronts on a public or private street. Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance, and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances or other hazards to the public. Garage, parking means a building or portion thereof, either public or private, used only for the parking of motor vehicles. Geologic hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development. Government services, offices and facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to employment offices, public assistance offices or motor vehicle licensing and registration services. Grade, existing means the existing topography of a site prior to construction and may include natural or man-made conditions. Grade, finished means the final elevation of the ground surface after development. Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations. Greenspace means a ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Grocery store, large means a retail establishment which primarily sells food, but also may sell other convenience and household goods and which occupies a space greater than twenty-five thousand (25,000) square feet. The term large grocery store is synonymous with supermarket. Grocery store, small means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet. Gross residential floor area (GRFA) means the total square footage of all horizontal areas in residential structures existing on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes) for single family, duplexes, and townhomes, but not those residential units that have been condominiumized with common area being considered as the exterior of these units. Floor area shall include, but not be limited to, stairwells at each level, lofts; storage areas, basements and crawl spaces with a ceiling height of 5 feet or greater, and other similar areas. Non- habitable garages; attics; ceilings vaulted or open to below spaces; storage areas, basements and crawl WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 12 of 25 spaces with a ceiling height of less than 5 feet; and roofed or covered decks, porches, terraces or patios shall not be included as floor area. Gross floor area (GFA) means the total floor area designed for occupancy and use, including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. Group home, developmentally disabled means a group home, licensed by the State, for the exclusive use of not more than eight (8) developmentally disabled persons and the appropriate staff. Group home, elderly means an owner-occupied or nonprofit group home for the exclusive use of not more than eight (8) persons sixty (60) years of age or older and the appropriate staff. (a) Nonprofit group home means a group home for the aged which is owned and operated by a person or organization as provided by 31-23-303, C.R.S., 1973. (b) Owner-occupied group home means a group home for the aged which is owned and operated by an individual or individuals who actually reside at and maintain their primary place of residence in the group home. Group home, mentally ill means a group home, licensed by the State, for the exclusive use of not more than eight (8) mentally ill persons and the appropriate staff. Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking facilities. Habitable means any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area. Hard line drawing means an architectural or engineering drawing produced by the use of computer- aided graphics or other mechanical implement, that does not represent free-hand drawing. Highway corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the state highway. Historic and/or cultural landmark means a site and/or structure designated as a historic landmark by the Historic Preservation Committee and approved by the Town Council within the Town. Historic Preservation Advisory Committee means a five-person advisory committee appointed by the Council to make recommendations and findings regarding historic sites, structures or features in the Town. Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling unit. Home office means any occupation, profession or other activity that takes place in a dwelling unit and is meant to produce income or revenue or any activity associated with a nonprofit group which: (a) Does not produce noise audible outside the dwelling unit where such activity is taking place; (b) Does not cause or require customers, delivery persons, employees or any person to enter the property on which the dwelling unit is located; WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 13 of 25 (c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes or county health regulations; (d) Does not require or allow any signs to be visible from the outside of the property; and (e) Does not change the appearance or residential character of the structure. Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training and central services facilities and staff offices. Hotel, motel and lodge means a building, excluding bed and breakfast, containing any room or group of rooms used primarily for short-term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses, such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Household means an individual living alone or any group of persons living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities, and includes: (a) One or more persons who are or are not related by blood, marriage, adoption, or legal guardianship that are living together in a dwelling unit; (b) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Hydrozone means a cluster of plants with similar water requirements to improve the efficiency and avoid overwatering. Ignition-resistant vegetation means the ignition or flammability potential of plants and general vegetation. Plants with a low-ignition potential are less likely to readily ignite from a flame or other ignition source and or produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments and transport terminals (truck terminals, public works yard, container storage). Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further, light industrial shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petro-chemical industries, rubber refining, primary metal or related industries. Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 14 of 25 areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops. Inoperable vehicle means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally built. Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs and shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent parts function cooperatively. Inter-neighborhood connection means connections (such as trails and roads) between neighborhoods. Intra-neighborhood connection means connections (such as trails and roads) within the same neighborhood. Irrigation ditch or canal means a channel or pipeline designed to transport irrigation water. Junk means any waste, scrap, surplus, or discarded material other than that classified by the State of Colorado as sewage. Junk vehicle, see "Inoperable". Junkyard means a parcel of land, or portion thereof, used for the collecting, storage or sale of junk, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, regardless, if such uses are conducted as a business for profit or otherwise, but not including agricultural machinery or equipment located on a property, for (agricultural) use on the same property. Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as business. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family, which contains a sink and a stove, cooktop or oven powered by either natural gas, propane or 220-V electric hook-up. Kitchen facility means an area for cooking which includes a sink, refrigerator and fixture for cooking food. Landowner means any owner of a legal or equitable interest in real property and includes the heirs, successors and assign of such ownership interests. Landscape area means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, ground cover, native grasses, flowers or lawns; natural features and nonliving ground cover, such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include paved walkways or parking areas. Landscaping means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site using vegetative materials, stone, walls, fences, or similar. Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 15 of 25 Large retail establishment means a retail establishment or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs or SFHA. Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway. Livestock means farm animals kept or raised for use, pleasure and/or profit. Loading space means an off-street space or berth on the same lot with a building or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. Long-term care facility means any of the following: (a) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. (b) Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who, because of a physical or mental condition or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four-hour-per-day nursing services are required. (c) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty-four-hour-per-day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four-hour- per-day nursing services under the direction of a registered professional nurse employed full time. Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder or when not so platted in a recorded subdivision, a parcel of real property abutting upon at least one (1) public street and held under separate ownership. Lot area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water. Lot coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage. Lot depth means the average distance between the front lot line and the rear lot line. Lot, double frontage means lots which front on one (1) public street and back on another. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 16 of 25 Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. Lot line, front means the property line dividing a lot from a street. Lot line, rear means the line opposite the front lot line. Lot line, side means any lot lines other than the front lot line or rear lot line. Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot. Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood-resistance enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured home means a single-family dwelling which: (a) Is partially or entirely manufactured in a factory; (b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (c) Is permanently affixed to and installed on an engineered permanent foundation; (d) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and (e) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Medical marijuana business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for medical marijuana centers, manufacturing of medical marijuana-infused products, or optional premises, as such terms are defined by Section 12-43.3-104, C.R.S., regardless of whether any such use described herein is for profit or not for profit. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 17 of 25 Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis and which is designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards: (a) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (b) Is permanently affixed to and installed on an engineered, permanent perimeter foundation; (c) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and (d) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints and peripheral open space areas. Native plant means an indigenous terrestrial and aquatic species that occurs naturally in Avon’s montane region, ecosystem, and habitat. Natural areas means floodplains and flood ways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens and any wetland area. Non-developable means a delineated area as established by the Town where no development shall occur without approval from the Town of Avon. Areas are physically undisturbed and in their present or natural state. Exceptions to this provision may include access, utility, and drainage easements or similar encumbrances, and wildfire or geologic hazard mitigation. (See also Development) Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction. Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time. Occupancy limitation means the maximum number of persons who may occupy a dwelling unit shall be calculated in accordance with Table 1004.5 of the Town’s adopted International Building Code (IBC), based on an occupant load factor of one (1) occupant per 200 gross square feet of finished floor area. Gross square footage shall include all enclosed and conditioned residential living space within the unit, excluding garages, crawl spaces, and unfinished basements. Nothing in this section prohibits a property owner or landlord from establishing more restrictive occupancy limits by private lease agreement, provided such limits comply with all applicable fair housing laws. Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or truck storage" use, storage areas for landscaping and other bulk items or public streets and rights-of-way. Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas and environmental WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 18 of 25 resources, structuring urban development form and protecting areas of agricultural, archeological or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off- street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public. Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi- trailers may not be used for residential or storage uses, except on construction sites. Outparcel means a parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel for access, parking and drainage purposes. Owner means the owner of a real property interest which is the subject of and which would be benefitted by a proposed development application. Owner shall include the fee title owner of record according to the office of the Eagle County Assessor, by a legal title opinion or by a title insurance commitment. Owner shall also include other persons who, by partnership, joint venture, contractual relationship or other association, have a ten percent (10%) or greater equity interest in the property or in the owner of record, or who have a contractual right to receive or obtain a defined portion of the property upon approval of a development application by the Town. Owners Association means the association set up to enforce the covenants and maintain all common areas and buildings for a residential or commercial development. Parcel means a tract or plot of land. Park means an area open to the general public and reserved for recreational, educational or scenic purposes. Parking, commercial means a parking lot, structure or garage that does not provide accessory parking to a specific building or use, is available for parking by the general public for a fee, may include reserved parking spaces and which is owned by a private, nongovernmental entity. Parking, public means a parking lot, structure or garage that is available for parking by the general public and which is owned by the Town or a quasi-governmental entity approved by the Town or approved by Eagle County. P.E. stamped design means a design that is stamped, signed and dated by a Colorado registered professional engineer. Pedestrian scale (human scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian. Person means a natural person, association, firm, limited liability company, partnership or corporation trust or other legal entity. Personal services means establishments that provide nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 19 of 25 Phase means a portion of property that is being platted and engineered for development at the same time. Phasing plan means a graphic and narrative document that displays the sequence and/or timing of intended development. Plan means the map and supporting documentation for a development which includes, but is not limited to, lots, blocks, easements, rights-of-way, pedestrian ways, park and school sites, open space areas and conservation areas in accordance with the requirements of this Code. Planned unit development (PUD) means an area of land, controlled by one (1) or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations. Planning and Zoning Commission or PZC means the Planning and Zoning Commission formed and appointed by the Council in accordance with Chapter 7.12 of the Development Code. Planning area boundary means the area surrounding the Town that the Town will consider annexing and developing. The planning area boundary is delineated on the Land Use Map in the Town Comprehensive Plan. Plat means a map of certain described land prepared by a licensed surveyor in accordance with the requirements of this Code and Section Title 38, Article 51 C.R.S. as amended, as an instrument for the recording of real estate interests with the County Clerk and Recorder (also known as a subdivision plat or condominium map, depending on the intent of the process). Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use. Private property right means the rights of a property owner within the Town to use on their property within the legal parameters set forth in this Code and subject to applicable state, federal and constitutional law. Nothing herein guarantees any private property rights to develop in a particular manner except pursuant to a valid vested right. Proof of ownership means ownership as specified in a current title insurance commitment or policy or certification of title, issued by a title insurance company licensed by the State of Colorado. Property means all real property subject to land use regulation by the Town. Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts. Property Management is a land use category for development that is a hybrid of a condominium and hotel, by being operated as a commercial hotel even though the units are individually owned. Public area means streets, parks, open spaces and other property designated or described as for public use on a map or plat of the Town and fee title is vested in the Town, other public body or a special district as defined in Section 32-1-103 C.R.S. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 20 of 25 Public benefit means a benefit which promotes a goal, intent or policy of the Avon Comprehensive Plan, a benefit which implements a public improvement identified in the Avon Capital Improvements Plan or a benefit which is realized by superior or innovative site design, building design or architecture which substantially exceeds the Town's minimum design and development standards; and, which means a benefit that is realized by the general public of the Avon Community. Public facility means those constructed facilities, including but not limited to transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities and publicly owned buildings or facilities. Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions. Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the public. Public open space means an open space area conveyed or otherwise dedicated to the municipality, state or county or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by oil and gas wells, as well as their appurtenances or other hazards to the public. Public school means a free, tax-supported school that is controlled and operated by the school district of the State of Colorado Public use means uses which are owned by and operated for the public by the Town, County, state or federal governments or by school districts. Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same or wireless telecommunication facilities. Quasi-public means having the nature or characteristics of being public, but owned by a private, nongovernmental or not-for-profit entity. Recreational vehicle (RV) means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle: (a) Camping trailer or tent trailer means a folding structure, constructed of canvas plastic or similar water repellent material designed to be mounted on wheels and designed for travel and recreation. (b) Motorized camper, motor home, recreational conversion van or bus means a recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses and constructed as an integral part of a self-propelled vehicle. (c) Pick-up camper means a vehicle designed to be mounted on or loaded into a pick-up truck chassis for use as a temporary dwelling for travel and recreation. (d) Tent means a portable or temporary cover or shelter, with or without side panels, which is supported by poles and is made of canvas, plastic or similar materials. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 21 of 25 (e) Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation. (f) Travel trailer, self-contained means a trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer. Recycling facility, drop-off means a facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes conducted totally within an enclosed structure or container. This definition does not include processing except for "can banks" that crush cans as they are deposited. Recycling facility, indoor means the same definition as recycling facility, drop-off, but is entirely located within a building or structure and may include sorting, crushing, separating, or similar. Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Day-Glo, glass beads, untreated metal, and luminous paint. Residential use means the use of a building or other structure as a dwelling. Restaurant, drive-through means any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. Restaurant, fast food means any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation includes the following characteristics: (a) Food and beverages are usually served in paper, plastic or other disposable containers; (b) The consumption of food and beverages is encouraged or permitted within the restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building or for carry-out; and (c) Drive-through facilities are allowed, subject to review of traffic patterns, vehicle stacking areas and entrance and exit locations. Restaurant, standard means any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state; where fermented malt beverages and/or malt, special malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where the design or principal method of operation includes one (1) or both of the following characteristics: (a) Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; or (b) Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the restaurant building. Re-subdivision means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder. Retail-ready means space constructed at a minimum interior height of twelve (12) feet may be used for noncommercial uses and can be converted into retail/commercial use. The intent of retail-ready space is WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 22 of 25 to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/ commercial uses accordingly. Such considerations for determining if a space is retail-ready include but are not limited to: independent ventilation; a concrete pad above the space; placement of utilities; integrated trash storage facilities; and architectural features including terracing, stepped back facade, or arcade design, prominent entrances, transoms, transparency, and bulkheads at the base. Retention basin means a pond, pool or basin used for permanent storage of water runoff. Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term right-of-way for land platting purposes shall mean that every right-of way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established. Sanitary facility means toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the service buildings containing these units. Setback means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located, except on properties where the street extends beyond the property line. In these instances the setback shall be measured from the edge of asphalt or walkway, whichever is more restrictive. Setback, front yard means the distance a building or structure must be placed from the front lot line. Setback, rear yard means the distance a building or structure must be placed from the rear lot line. Setback, side yard means the distance a building or structure must be placed from the side lot line. Sidewalk means the hard surface path within or adjacent to the street right-of-way for use by pedestrians and/or bicyclists. Sight distance triangle means the area at an intersection to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. Site plan means a scaled drawing of a lot, showing the actual measurements, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements. Site specific development plan means the final plat of a subdivision or final development plan of a PUD (planned unit development) when approved by the Council pursuant to all applicable sections of this Development Code. Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term slope. Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year, i.e., the 100-year floodplain. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 23 of 25 Street means a public thoroughfare which affords the principal means of access to abutting property. Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials and the adjacent space extending along both sides of a street, including landscaping, sidewalks, medians, lighting, street furniture and signage. Self-storage means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Storage, warehouse means facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, and may be affiliated with nuisances such as dust, noise, and odors, but not involved in manufacturing or production. Structure means a combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water. Structure ignition zone (SIZ) means the area around the home (or structure). The SIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or airspace units. Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal mining. Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before start of construction of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or (b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale. Tandem parking means parking two (2) cars in a driveway or parking space so that one (1) car is right in front of the other and the front car cannot move until the back car is moved. Temporary use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use and shall not include continuing a nonconforming use or building. Town Core means the central commercial core area of Town, including the areas zoned Town Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD, including certain residential parcels as shown. See the Town Core Map. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 24 of 25 Transparency means the use of doors and windows to establish scale, variation, and patterns on building facades to provide visual interest and reflect the uses within the building. Tree Crown means the primary and secondary branches growing out from the main stem, together with twigs and foliage. Trip, vehicle means a single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time. Turf means vegetation that is comprised of continuous, nonnative or non-arid hybridized grass (or natural grass) that is regularly mowed and forms a dense root structure. Use means the purpose for which land or a building is designated, arranged or intended or for which it either is or may be occupied or maintained. USGS datum means United States Geological Survey basis of elevations. Vacation club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the County Tax Assessor, of a building containing one (1) or more units which meet the definition of dwelling, timeshare, interval ownership or fractional fee ownership, and it permits possession of such dwelling by its members and/or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity. Vegetation means plants growing in a place, including but not limited to trees, shrubs, vines, grasses and groundcover. Vehicle major repair, servicing and maintenance means any building or portion thereof, where heavy maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products. Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted. Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, pursuant to Section 7.16.140, Vested Property Right. Walkable means a distance of one-quarter (¼) mile or within a five- to ten-minute walk. Walkway means: (a) A right-of-way or easement dedicated to public use that is not within a street right-of way, to facilitate pedestrian access through a property by means of a hard surface path. (b) Any portion of a parking area restricted to the exclusive use of pedestrian travel. Wholesale business means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 25 of 25 or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial or retail use. Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless telecommunication equipment also includes a ground-mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building. Wireless telecommunication facility means any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services. Wireless telecommunication service means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephone. Zone district means a zone district of the Town as established in Chapter 7.20 of this Code, unless the term is used in a context that clearly indicates that the term is meant to include both the zone districts of the Town and the zone districts of an adjoining governmental jurisdiction, also referred to as zoning district. Zoning Map means the official zoning map adopted by the Town by ordinance, as amended. WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 1 of 4 7.24.070 Accessory Uses and Structures. (a) Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this Section. (b) Approval of Accessory Uses and Structures. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures and activities typically associated with the use, unless specifically prohibited in this Development Code. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated. All accessory uses shall be subject to the standards in this Section 7.24.070, Accessory Uses and Structures, as well as any use-specific standards applicable to the associated principal use as set forth in Section 7.24.050, Use-Specific Regulations or Section 7.24.060, Special Review Uses, above. (c) Interpretation of Unidentified Accessory Uses and Structures. The Director shall evaluate applications for accessory uses that are not identified in this Section on a case-by-case basis, based on the following standards: (1) The definition of accessory use in Chapter 7.08, General Definitions, and the general accessory use standards and limitations established in this Section; (2) The purpose and intent of the district in which the accessory use is located; (3) Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and (4) The compatibility of the accessory use with other principal and accessory uses permitted in the district. (d) General Standards. All accessory uses and structures shall comply with the following general standards: (1) Compliance with this Code: (i) All accessory uses and structures shall be subject to the dimensional requirements of Chapter 7.28, Development Standards. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control. (ii) Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use. (iii) Exteriors of accessory structures shall be comprised of non-combustible materials per Building Code. (2) Location. The accessory use or structure shall be conducted or located on the same lot as the principal use and to the rear of the front setback line, unless otherwise approved by the Director. (i) Principal Property and Structure. No accessory structure shall be located within ten (10) feet of the site's principal structure unless otherwise specified in this Section. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 2 of 4 setback lines applicable to the primary structure, provided that the accessory building is not located closer than ten (10) feet from any alley, and not closer than five (5) feet from any property line. (ii) Neighboring Property. Accessory structures within 10 feet of a structure located on any neighboring properties or within ten (10) feet of any trees on or off of the subject property shall be considered when siting accessory structures. (3) Size. The maximum total size of accessory buildings structures shall be six hundred (600) square feet unless approved by conditional use permit. No accessory building shall exceed the height of the site's principal structure. (4) Same Ownership Required. The principal use and the accessory use or structure shall be under the same ownership. (5) Same Utility Meter Required. The principal use and the accessory use shall utilize the same utility meter, with the exception of an approved accessory dwelling unit. (6) Storage Sheds Less Than 200 Square Feet. Accessory structures that do not require a building permit are subject to this section. This includes any structures storing firewood, regardless if the structure contains habitable floor area or not. (e) Additional Standards for Specific Accessory Uses and Structures. (1) Accessory Dwelling Units. An accessory dwelling unit shall be permitted as a Special Review Use (SRU) subject to the following standards: (i) Districts Allowed. Accessory Dwelling Units (ADUs) shall be allowed as accessory uses to principal residential uses in the following districts: RL, RD and RM. (ii) Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, setbacks, access, and other standards for principal dwelling units including all requirements with 7.28.050 Landscaping in the zoning district in which the Accessory Dwelling Unit will be located. Accessory Dwelling Units may be a separate structure from the principal structure or be attached to and part of the principal structure; however, separate Accessory Dwelling Units must be located on the same ownership property as the related principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as Accessory Dwelling Units. (iii) Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed thirty-three percent (33%) of the size of the habitable floor area of the principal unit or six hundred (600) square feet, whichever is less. An Accessory Dwelling Unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities. (iv) Limit on Number. There shall be no more than one (1) Accessory Dwelling Unit on a lot in addition to the principal single-family dwelling. (v) Off-Street Parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit. (2) Outdoor Display and Sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses, provided that the display of such items does not impede the flow of WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 3 of 4 pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements: (i) Outdoor display or sale shall require approval of the Director and may be subject to appropriate conditions by the Director to ensure compliance with the provisions of this Subsection. (ii) Display of goods shall not be in drive aisles, loading zones or fire lanes and shall not obstruct any entrance to the building. (iii) The total area for display or sale of goods in the front of the building shall be limited to an area that measures five percent (5%) of the net square footage of the main building. (iv) The outdoor display area may be located in a parking lot, provided that the parking available does not fall below eighty percent (80%) of the off-site parking required for the building. (v) No goods shall be attached to a building's wall surface. (vi) The outdoor display area shall take place on an improved surface, such as the sidewalk or pavement. (vii) No outdoor displays shall be allowed in required landscape areas. (viii) At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display. (3) Outdoor Storage. Outdoor storage is a permitted accessory use in the IC zone district with approval of an SRU pursuant to Section 7.16.100, Special Review Use. In the NC, MC and TC zone districts, outdoor storage is permitted through the site plan review process and subject to compliance with the following requirements: (i) Except for outdoor storage associated with industrial or agricultural uses, each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure. (ii) Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height. The fence shall incorporate at least one (1) of the predominant materials and one (1) of the predominant colors used in the primary structure. The fence may exceed eight (8) feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped in accordance with 7.28.050(g). (iii) A landscaped earthen berm may be used instead of or in combination with a required fence or wall. WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 4 of 4 (iv) If the outdoor storage area is covered, then the covering shall include at least one (1) of the predominant exposed roofing colors on the primary structure and consist of noncombustible materials. (v) No materials may be stored in areas intended for vehicular or pedestrian circulation. (vi) No storage of any items may occur within the front setback area or within one-half (½) of each side setback nearest the street. (vii) Rooftop outdoor storage is prohibited. (viii) No storage of combustible, flammable, or potentially hazardous materials is permitted within a minimum of 30 feet of a structure without mitigative storage. (4) Home Occupations and Home Offices. Home occupations and home offices that comply with the definition and regulations set forth in the Avon Development Code are permitted accessory uses to residential use in residential zone districts. (Ord. 17-05 §6; Ord. 10-14 §3) WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 1 of 14 7.28.050 Landscaping. (a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town: (1) Integrates building sites with natural topography and existing vegetation; (2) Minimizes disturbed areas; (3) Conserves limited water resources by prescribing acceptable water irrigation design budgets; (4) Limits functional and nonfunctional turf grass to designated use areas and properties in Avon; (5) Reduces water use and off-site impacts which can affect the Eagle River; (6) Reduces the amount of reflected glare and heat absorbed in and around developments; (7) Breaks up large expanses of parking lots; (8) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses; (9) Decreases potential wildfire hazards while increasing wildfire resiliency in Avon; and, (10) Encourages use of native plant species applicable to Avon. (b) Applicability. This landscaping Section shall apply to all new development and redevelopment as provided in Subsection 7.28.010(b). (1) Landscape plans for multi-family and commercial properties shall be designed by a licensed landscape architect, Qualified Water Efficient Landscaper (QWEL) certified professional, or a professional landscape designer, unless otherwise specified. Inspection and compliance with approved landscape plan must be obtained prior to issuance of a certificate of occupancy. (2) Modifications, expansions, or the addition of new irrigated area(s) being added to a property with an existing irrigation system, may require a combined assessment of the total irrigated area and water use as part of the development permit review. (c) Landscape Design Irrigation Budget. (1) All irrigated landscaped areas must be included in the calculation (Appendix 7B). The total irrigation water cannot exceed a maximum applied landscape design irrigation budget of 7.5 gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion of the Director of Community Development, an increase in the landscape design irrigation budget to 8 gallons/season /square foot (12.8 inches season) may be permitted if implementing one or more of the following landscaping design elements to incentivize health landscapes: (i) Non irrigated protected native vegetation. (ii) Ecological restoration areas. (iii) Non-irrigated permeable areas. (iv) Stormwater conveyance infrastructure. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 2 of 14 (d) Plant Material and Water Need (1) Aside from the use of invasive and/or noxious plant species, most native plants can be utilized in a landscape plan. The Landscape Design Irrigation Budget (Appendix 7-B) requires each plant to be classified as low water, medium water, or high-water use. These categories are necessary for calculating the plant water need. An estimate of the plant water needs in gallons per square foot per season, must be provided for any proposed vegetation in the proposed landscaping design. (2) Each hydrozone shall plant materials with similar water use. (3) Plants shall be selected and planted appropriately based upon their compatibility factor and adaptability to the climatic, soils, wildfire ignition potential, elevation, and topographical conditions of the project site. To encourage efficient use of water, the following are highly recommended: (i) Protection and preservation of native species and natural vegetation to the greatest extent practicable. (ii) Selection of plants based on water need, disease, wildfire potential, and pest resistance. (iii) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure. (iv) Consideration of the solar orientation and type of plant with plant placement to maximize summer shade and winter solar gain. (v) Consideration of wildlife. The Town of Avon does not recommend use of fruit-bearing vegetation that may increase human-wildlife conflicts. Any damage resulting from wildlife foraging on fruit-bearing landscaping material is the responsibility of the property owner. (4) Protected native vegetation areas without irrigation are incentivized through the landscape design irrigation budget calculation. (5) Invasive and/or noxious plant species are prohibited. (6) Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will be implemented on steep slopes. (7) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper than 6 inches (6") and must be as far from tree trunk as practically possible. Do not cut roots larger than four inches (4") in diameter (dig under or around). (8) Stormwater management practices minimizes runoff and increases infiltration which recharges groundwater and improves water quality. The implementation of stormwater best management practices like use of bioswales in landscape and site plans is encouraged. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 3 of 14 (9) Green stormwater infrastructure is incentivized through the landscape design irrigation budget calculation. The following treatments associated with the landscape and described in the drainage report will have the following hydro zone values: (i) Non-irrigated permeable surfaces without plants are incentivized through the landscape design irrigation budget calculation. (ii) For purposes of the calculation, stormwater conveyance infrastructure such as vegetated bioswales shall apply a plant factor value representing the plantings with an efficiency value based on the irrigation method. These areas are incentivized through the landscape design irrigation budget calculation. (10) Project applicants shall refer to the Town of Avon Engineering Department for information on any applicable stormwater ordinances and stormwater management plans. (e) Landscape Buffer. The following regulations apply to properties where a nonresidential district or use abuts a residential district or use: (1) A minimum fifteen-foot-wide buffer space shall be provided. (2) The buffer shall be designed with adequate landscaping or screening to properly separate the differing uses. (3) Walls, boulders, fencing, or a combination of design elements that support the intention of creating a buffer, may be substituted for required shrubs. (4) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed. (5) Mechanical equipment, permanent detention and temporary erosion and sedimentation control basis are prohibited in the buffer area. (6) Utility easements should avoid being placed in the long dimension of a buffer yard. (7) Wherever practical, pedestrian access shall be placed through the buffer yard. (f) Functional and Nonfunctional Living Turf Grass and Artificial Turf (1) Applicability. The installation, planting, or placing, of any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of all new development projects or redevelopment projects including residential, common interest community properties (multi-family or those areas with an owner’s association), commercial, institutional, or industrial properties are prohibited, unless exceptions are provided in this section for residential properties without a common interest or common interest areas, and other nonresidential areas as specified. (2) Functional or Essential Turf Grass. Functional or essential turf grass located in recreational use areas or other spaces that are regularly used for civic, community, or recreational purposes is permitted. More specifically, this typically irrigated turf grass may be used for essential areas WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 4 of 14 and or uses associated with parks, sports fields, playgrounds, picnic grounds, amphitheaters, or similar, and in reasonable and limited portions of residential yards. (3) Nonfunctional or Nonessential Turf Grass. Nonfunctional or nonessential turf grass areas include but are not limited to medians; parking lots, transportation corridors; areas sloped with more than a twenty-five percent grade; commercial, institutional, or industrial properties; areas that are neither designed nor used for passive or active recreational uses. (i) Use of Kentucky Bluegrass is prohibited in nonfunctional or nonessential areas of Avon. (ii) Nonfunctional or Nonessential Turf does not include turf that is designated to be part of a water quality treatment solution. (4) Artificial Turf. Artificial or synthetic turf is permitted only in areas delineated or associated with playground equipment, uses like mini-golf facilities, or for use on recreation fields. It is prohibited to use artificial turf as a substitute or replacement in live landscaping areas on all residential and commercial properties. (g) Wildland Urban Interface. The purpose of this section is to reduce the risks that wildfire poses to life, safety, real commercial or residential property, and to the general natural environment including water systems and wildlife habitat. All landscaping improvements installed after the effective date of these regulations must comply with Section 7.28.050 and any WUI policies, plans, or codes, as adopted and amended by the Avon Town Council. (1) Defensible Space Zones. Avoid fire-prone plant materials and highly flammable mulches and design landscaping per its wildfire hazard potential. Landscaping design plans for projects in fire-prone areas shall address fire safety and prevention. Further, all landscape plantings for properties in a potentially moderate or high wildfire hazard zone must be predominantly Firewise or placed per best wildfire practices for planting within 30 feet of a residence. (i) Zone 1. Zone 1 is 0-5 feet from a residence. Highly flammable vegetation such as trees or shrubs shall not be planted within the first five feet of any structure. Landscaping in this zone may include hardscaping such as on-grade patios, walkways, driveways, or similar; non-combustible mulch such as pea gravel, cobble and stone; or perennial flower beds or low ground cover with low-ignition potential are acceptable. (A) Storage of firewood. Open storage of firewood is prohibited within this area. Use of an ember-proof noncombustible box or cabinet may be acceptable if no other alternative exists. See also 7.24. 070 Accessory Uses and Structures. (B) Fencing or Similar. Any fencing or any retaining or garden walls within zone 1 shall be comprised of noncombustible materials. (ii) Zone 2. Zone 2 is 5-10+ feet from a residence Trees immediately adjacent to the five-foot zone that encroach within five feet of a residence should be limbed up to a height of a minimum of six feet or one-third the total height whichever is less and should be trimmed or WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 5 of 14 pruned to leave at least a two-foot gap between the nearest branch and the building. New installations of trees or similar vegetative materials should be placed no closer than 10 feet from a structure. Thin trees ensuring a minimum of 10 feet of space between the outermost branches (crowns) of adjacent trees. On steeper slopes, this spacing should be increased as fire travels faster uphill. (iii) Zone 3. Zone 3 is 10+ feet from a structure. Continue to reduce potential fuels as the property transitions back to natural growth. Continue to trim trees to a minimum of 6 feet above the ground and away from other trees and shrubs. Reduce ladder fuels by keeping grasses, shrubs, and trees trimmed so that fire will not spread to taller fuels. Maintain a minimum of 10 feet between the edges of tree crowns. On steeper slopes, this spacing should be increased as fire travels faster uphill. (2) Wildfire mitigation is permitted within areas classified or restricted as non-developable. Proposed mitigation in these areas must be approved by the Town of Avon. (h) Road Right-of-Way. Landscaping outside of necessary revegetation materials used for erosion control or that landscaping as installed and maintained by the Town of Avon shall not be permitted in any right-of-way. (1) Landscaping placed adjacent to road-right-of-way may not encroach into actual road-right-of- way. Encroaching landscaping may be removed by Town of Avon. (2) Approved address markers may be placed in road-right-of-way with permission. (i) Landscaping Requirements. All hydrozones shall contain a combination of vegetation or vegetation and non-vegetative alternatives (e.g., boulders) to create creative installations with varying heights. Table 7.28-7 Landscape Materials -– Size, and Area, and Spacing Requirements Landscape Material Size Spacing Evergreen Tree Mminimum 1.5" Caliper A minimum of eighteen (18) feet between crowns with the distance increasing with the percentage of slope. Tree placement should be planned to ensure the mature canopy is no closer than ten feet to the edge of a structure. Deciduous Tree Mminimum 1.5" Caliper Shrubs Mminimum 5-gallon 2.5 times the mature height of the shrubs Perennials / ground cover Mminimum 2.5 Qt or 1-gallon Annual flower bed No minimum plant size (Calculated by area) WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 6 of 14 Low-water, Low-ignition, or 'Mountainscape' Gground Ccover Nno minimum plant size (Calculated by area using mature width of plants) Earthen berm Minimum 18" high Combustible Mulch Shredded Bbark mulch No minimum Prohibited within 5’ of structure Hardscape Material / Noncombustible Mulch Rock mulch such as river rock, pea gravel, or gravel No minimum Ornamental Pavers Not to exceed 50% (Calculated by area) Permeable Pavement Not to exceed 50% (Calculated by area) Landscape Boulders 3' or greater in height Rockery No minimum plant size (Calculated by area) Crevice Garden No minimum plant size (Calculated by area) Seating No minimum (Calculated by area) Landscape lighting, sculpture, art, and/or sheltering structure/landmark, rain garden, bioswale,, use of recycled and/or repurposed materials No minimum plant size (Calculated by area) Low-water native vegetation as defined by CO Native Plant Society (CoNPS) No minimum plant size (Calculated by area) CoNPS Certified Native Garden "Bronze" No minimum plant size (Calculated by area) CoNPS Certified Native Garden "Silver" No minimum plant size (Calculated by area) CoNPS Certified Native Garden "Gold" No minimum plant size (Calculated by area) Drought Tolerant Seed N/a See 7.28.050(f) (j) Plant selection shall emphasize low-water native mountain region vegetation ('Mountainscape') and shall limit the use of high-water use plant species. All required landscapes, except for dry landscapes, shall include a designed irrigation system (k) Rockeries. (1) Purpose. The general intent of the planted rockery standards is to reduce the necessity for excessive grading and encourage stepping of driveways and buildings with a natural landscape feature mimicking a talus slope (1:1 slope consisting of naturally occurring fallen rock with vegetation) common in alpine environments. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 7 of 14 (2) Standards for Planted Rockeries. (i) Rockeries may be utilized wherever finished grades cannot meet the recommended standards of this Development Code due to naturally occurring topography and other site development constraints. (ii) Rockeries shall be constructed with soil infill between stones for tree, shrub, perennial, or grass plantings. (iii) A rockery shall not exceed seven (7) feet in height unless approved by the PZC. (iv) The design of rockeries shall be constructed of materials compatible with the site local geology. (v) Rockeries over four (4) feet in height shall be structurally designed and certified by a Colorado licensed professional engineer or architect. (l) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street surface parking lots. (1) Parking Lot Perimeter Landscaping: (i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all parking lots having more than ten (10) spaces. BEFORE (ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material, dryscape materials, or combination thereof NEW (ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to screen the parking area from the street, while maintaining proper tree spacing. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, noncombustible wall, plant material, dryscape materials, or combination thereof. (iii) Where lots are being developed in a mixed-use district, the parking lot perimeter landscaping requirement may be reduced along an interior lot line, at the discretion of the Director, provided that interior parking lot landscaping applies to both parking lots. (2) Internal Landscaping: (i) Landscape strips shall be installed between the parking rows of every other double row of parking when parking rows exceed fifty (50) parking spaces. (ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a parking row, either within the parking row or at the end of the parking row. (3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs. At least one (1) break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped areas. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 8 of 14 (4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate pedestrians from vehicles. Internal landscape islands shall: (i) Be a minimum of six (6) feet in width. (ii) Be at least two hundred (200) square feet. (iii) Be sunken below the level of the parking lot surface to allow for runoff capture within bioswales or similar. (iv) Incorporate low-water deciduous shrubs, deciduous trees, perennials, and or ornamental grasses in each island. (v) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of fifty percent (50%) nonliving landscaping material. Sidewalks or pathways may be counted toward the nonliving landscape material percentage. (5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate pedestrians from vehicles. Internal landscape strips shall: (i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row. (ii) Include a four-foot-wide sidewalk and a six-foot-wide area for installing landscaping. (iii) Meet requirements for interior landscape islands, as outlined above. (6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be established at street intersections by maintaining a maximum height for shrubs and ground cover of thirty (30) inches as measured from the driveway surface. No obstructions are permitted in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet of the ground. All applicable sight distance requirements must be met for parking lot internal circulation and access points to the public right-of-way. (7) Landscaping Near Electric Voltaic (EV) Charging Stations. (i) 0-5 Feet from Charger. Use of non-combustible hardscape materials such as concrete, pavers, decorative rock, or gravel only. Do not plant any flammable vegetation, store combustible materials, or place any combustible mulches in this area. (ii) EV Charging Station Maintenance. Maintain the area free of leaves, pine needles, and other easily ignitable debris. Do not place refuse containers in this area. (iii) Plant Selection Beyond 5 Feet of Charger. For landscaping outside the non-combustible perimeter, select fire-resistant, native, and drought-tolerant plant species. (iv) Minimum Spacing of Trees. Deciduous trees are less prone to ignition compared to evergreens. Space and separate trees according to Table 7.28.7. (v) Minimum Spacing of Shrubs. Maintain a minimum spacing between plantings according to Table 7.28.7. (m) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining walls and berms, must be specifically approved and shall conform to the following standards: WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 9 of 14 (1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees, unless wildfire mitigation is necessary. Landscape credit shall be awarded for preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded, above, where the Director accepts the existing vegetation as being in good health and meets the intent of the landscaping requirements of this Chapter. (i) No trees or vegetation shall be removed except as specifically allowed in this Section. (ii) No trees or vegetation except for noxious, non-native vegetation or vegetation found by the Director to be imminently threatening property, at risk of disease due to overcrowding, posing high fire danger, or potentially encroaching into easements shall be removed. (iii) All native landscaping shall be kept in its native state, to the greatest extent practicable. (iv) Significant trees and vegetation that are removed from a site shall be replaced as set forth in this Section. (A) Significant Trees. Significant trees, as defined by this Section, shall be preserved to the maximum extent feasible. (1) A significant tree means a tree of at least eighteen (18) inches in diameter for a deciduous tree and twelve (12) inches for evergreens, measured at a height of fifty-four (54) inches above the ground. (2) When a significant tree is removed, it shall be replaced on the lot, with a minimum of two (2) trees a minimum height of eight (8) feet or a minimum caliper of two and one-half (2.5) inches. Alternative landscaping in the way of art installations or similar non-irrigated materials may be considered in lieu of vegetation. At the discretion of the Community Development Director, replacement of a significant tree may not be necessary or may be replaced with shrubs if the property owner effectively demonstrates that the existing landscaping does not meet wildfire mitigation standards, the available location for any new trees is not available and or the removal of the significant tree is beneficial in lowering wildfire risk. (3) Replacement trees shall be maintained through an establishment period of at least three (3) years, except that single-family and duplex dwellings shall have an applicable establishment period of one (1) year. (4) It is the responsibility of the property owner to preserve and maintain any established significant tree. Maintenance shall include wildfire mitigation. (5) Alternative tree removal guidelines are at the discretion of the Director. (2) Protective Fencing During Construction. All vegetation shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. The Director shall consider existing site conditions in determining the exact location of any tree protection fencing. (i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent method of fencing at the perimeter of the designated building envelope and a minimum of four (4) feet in height at the drip line around each tree or group of trees within the building WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 10 of 14 envelope to prevent the placement of debris or fill on vegetation to be preserved or within the drip line of any tree. (ii) Inspection. All tree and vegetation protection measures shall be inspected and approved by the Director prior to start of any land disturbing activities. Failure to have protection measures inspected prior to the commencement of construction is a violation of this Development Code. (3) Allowed Plant Materials. Proposed materials must be specified on development plans. A list of permissible plant species that are compatible with various climate zones found in the Town and that promote water conservation shall be adopted by the Planning and Zoning Commission and may be amended from time to time. The use of native plants as defined by the CO Native Plant Society is recommended. Materials not on the list may be approved if the Director determines that they are equally or more suitable for local soil conditions, climate and water conservation goals and would provide the same or better level of visual benefits, and have desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town. (4) Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-native, or diseased vegetation is required and shall be in compliance with Chapter 8.36. (5) Dead Landscaping. Replacement may be permitted within a reasonable proximity to the original location. It may not be possible to remove the dead vegetation in its entirety due to erosion or similar concerns. Dead vegetation may be replaced with non-vegetative materials (e.g., a boulder, art/sculpture, etc.), upon approval of the Director. Non-native vegetation or vegetation classified as an invasive plant species shall be replaced with native vegetation. (i) At the discretion of the Community Development Director, dead landscaping may not need to be replaced if the property owner effectively demonstrates that the existing landscaping does not meet wildfire mitigation standards, the available location for any new trees is not available and or the removal of the dead material is beneficial in lowering wildfire risk. (6) Landscape Plan Required. All -landscape plans must be dated and drawn to scale, showing all lot lines, property improvements, and recorded easements. Plans shall also note and delineate: (i) All planting areas (ii) Hydrozones with similar microclimate, soil conditions, slope, and plant materials with similar water demand. Individual hydrozones that mix high and low-water use plants shall not be permitted. Hydrozone areas shall be designated by water use intensity and identified by number, letter, or other designation on the landscape design plan and irrigation design plan. (iii) Type of mulch and application depth. (iv) Identificationy of any soil amendments, including type, material, depth, and quantity. (v) Quantify areas of Square footage of both pervious and impervious hardscapes. (vi) Location and installation details of applicable stormwater features including infiltration beds, swales, and basins that allow water to collect and soak into the ground. (vi) (vii) Detail any applicable rain harvesting, or catchment technologies as permitted by the State of Colorado. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 11 of 14 (vii) Which trees will be preserved, removed, or relocated, areas where other existing vegetation is established, and the type, location, size, and number of plants to be installed. (A) If identifying each tree or a cluster of plant material is impractical, the drawing shall outline the dimensions of groves of existing and proposed trees or plants. (B) Plan must show scaled mature tree crown or mature coniferous branch spread, and not size of proposed caliper being planted. “Mature” means the tree is at least ten (10) years old. (viii) The size, quantity, ignition rating, water demand, common name, and botanical name of plants used, including ground cover, shall be included in a menu and labeled on the drawing accordingly. (ix) When seed mixtures including use of hydroseeding are used, the percentages of grass or wildflower mixtures and seed application rates shall be specified. (7) Irrigation Plan Required. i. Irrigation Plans shall demonstrate the following: (A) Backflow prevention devices that protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes. (B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the point of connection of the water supply. (C) Master shut-off valves and flow meters integrated with the automatic irrigation controller on all projects except irrigation systems that make use of technologies that allow for the control of sprinklers that are individually pressurized. (D) Dedicated landscape water meters or sub meters for all non-residential irrigated landscapes five thousand (5,000) sq. ft. or more. (E) For all nonresidential properties, smart irrigation controllers labeled by U.S. Environmental Protection Agency's WaterSense Program or with published reports from Smart Water Application Technologies are required. If a flow meter is used, then the controller shall be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal. (F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present. (G) The following table shall be provided on all irrigation plans: Landscape Area Provided % of Lot / Square Footage Total irrigated area % of landscaped area/ square footage Spray area % of irrigated area/ square footage Drip area % of irrigated area/ square footage (measured as three (3) square feet per sprinkler head, unless otherwise shown) WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 12 of 14 ii. The irrigation system design shall: (A) Prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non- irrigated areas, hardscapes, roadways, or structures. Restrictions regarding overspray and runoff may be modified if the landscape area is adjacent to permeable surfacing and no runoff occurs or if the adjacent non- permeable surfaces are designed and constructed to drain entirely to landscaping. (B) Conform to the hydrozones of the landscape design plan. (C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the manufacturer's recommendations. (D) Meet the required operating pressure of the emission devices using valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, booster pumps, or other devices. The pressure and flow measurements identified at the design stage will be verified prior to the installation of the system. (E) Meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard authored by the American Society of Agricultural and Biological Engineers and the International Code Council and verified by an independent third-party. (F) Achieve the highest possible sprinkler spacing distribution uniformity using the manufacturer's recommendations. All sprinkler head installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard. (G) Minimum pop-up height for sprinklers in turf-grass areas is 6". iii. All irrigation shall be designed and operated according to the watering schedule as imposed by the Eagle River Water and Sanitation District (ERWSD). iv. Above ground temporary sprinkler irrigation may be used to establish vegetation on otherwise non-irrigated portions of the landscaped areas; however, such temporary systems must be removed upon sufficient vegetation establishment as determined by the Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. v. Irrigation Management. (A) Irrigation management includes planning water use, monitoring water use, and verifying that the equipment is maintained and properly adjusted for optimal performance. (B) Add landscape materials adjustments to the system should be in harmony with the original intent of the irrigation design. (C) Scheduling of irrigation events should match the needs of the plants to maintain health, appearance, and meet the function of a landscape. vi. Irrigation Audit. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 13 of 14 (A) All multi-family and commercial projects must undergo an irrigation audit prior to Certificate of Occupancy. For single-family projects, the Town may require an irrigation audit for the proposed landscaping depending on the size and or nature of the proposed irrigation system or water demand for landscaping. (B) All landscape irrigation audits shall be conducted by a third-party certified landscape irrigation auditor. Irrigation audits shall not be conducted by the person or company who installed the irrigation system. (C) The irrigation audit report shall include, but is not limited to: a. System test with distribution uniformity for all turf areas and at least 10% of remaining zones for a well-represented collection of zones; b. Reporting overspray or runoff that causes overland flow; c. Examination of an irrigation schedule, or preparation of one if necessary, including irrigation controller's configuration with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming; and d. System tune-up recommendation. Applicant will work with auditor to reconcile recommendations & off the punch list to meet the standards. vii. Soil Amendment. (A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall consist of material best suited for the subject property. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation. (B) Amended tree soil should have a minimum planting hole diameter of two (2) times as large as the root ball diameter. Both topsoil and subsoil layers shall consist of material best suited for the subject property. The percent of organic matter for the topsoil and subsoil shall be measured by weight in accordance with best planting practices. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation. (C) The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons that impact plant growth or exceed the Environmental Protection Agency's standards for soil containment. (D) All applicable soil criteria and standards shall be noted on the landscape design plan. (1) Mulch Criteria. a. Organic mulch material, depth, and coverage, shall be applied as appropriate to each species and mulch type. It shall be applied to the soil surface and not against the plant stem or high against the base of the trunk to minimize disease. b. Organic mulch material includes bark and wood chips. Mulch consisting of construction debris such as pallets is prohibited. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 14 of 14 c. Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have a minimum depth of two inches (2"). Inorganic mulch is recommended where practicable as it does not hold or absorb water and is preferred for wildfire mitigation purposes. (8) Revegetation Required. (i) All disturbed areas must be adequately reseeded and restored on all projects. (ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed organic matter such as, but not limited to, compost, composted horse manure or composted chopped straw or hay. Straw tackifier, hydroseeding, or matting on steep slopes is required to prevent soil erosion. The addition of decomposed organic matter is also required prior to turf installation. (9) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures. Landscaping materials installed in the fall may not be able to be inspected until the following spring. A refundable deposit may be required to guarantee funds will be available for any materials that did not survive planting. (10) Maintenance. All landscape improvements shall be maintained and replaced by the property owner. (11) Dry Landscape Substitutions. (i) The following table identifies materials that may be used for landscaping purposes: Table 7.28-8 Material Minimum Size or Example Value Maximum Use Boulders 24" x 30" Six (6) shrubs per boulder Twenty-five (25) percent Dry creek bed or other significant landscape feature. One (1) shrub per twelve (12) square feet Fifty (50) percent Shade structure or other structure. Small bridge, pavilion, etc. One (1) shrub per twelve (12) square feet Fine art/sculpture Small garden ornaments are not included. One (1) shrub per twelve (12) square feet Twenty-five (25) percent Low-water Shrubs: density to attain fifty (50) percent bed coverage after three (3) years Two (2) gallon container size No limitation Other installations Play equipment, monuments, etc. As determined by Director As determined by Director (n) Hydrant Clearance and Landscaping. In addition to the provisions of 13.04.100, no landscaping is permitted 20 feet above a hydrant. (Ord. 25-19, Ord. 23-01, § 2(Exh. A); Ord. 17-12 §4; Ord. 10-14 §3) WILDFIRE UPDATE 7.28.080 Fences Avon Municipal Code Page 1 of 3 7.28.080 Fences. (a) Purpose. The purpose of these regulations is to maintain adequate visibility on private property and in public rights-of-way, to maintain the openness of properties to protect the light and air to abutting properties, to provide adequate screening by regulating the height, location and design and to promote the movement of wildlife through portions of Town. (b) Fence Design Standards. (1) Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Avon Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood, fences should complement the property and landscape rather than contain the property. The following review criteria apply for the review of fence applications: (i) Fence material shall be wood, with the exception of that fencing being placed within 0-8 feet from a structure, and no more than four (4) feet in height. Fence height shall be measured from finished grade. Grade shall not be altered for the purpose of increasing fence height; Fencing within 0-8 feet from a structure must be compromised of non-combustible material. Wood fencing may not be connected to a structure; (ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails. Fencing within 0-8 feet of a structure may be of a different design and comprised of noncombustible or approved ignition-resistant materials; (iii) Fences shall not be located closer than seven and one-half (7.5) feet from the property lines; (iv) Fences shall not enclose an area of one thousand two hundred (1,200) square feet or more; (v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design; (vi) If a fence is part of a multi-family project, approval shall be received from the association and the fence design shall be integrated with the overall landscape design of the property; and (vii) If a fence is located on a duplex property, written approval shall be received from the adjoining property owner and the fence design must be integrated with the overall landscape design. (viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible food crops, the design must be consistent with the following criteria: (A) Have a maximum height of six (6) feet; (B) Have a maximum area of two hundred (200) square feet; (C) Be at least fifty percent (50%) open; (D) Fences with wire mesh are encouraged over solid wood-materials; and (E) Fences enclosed on the top and greenhouses are considered accessory structures. (ix) Privacy Fencing. Privacy fencing within 0-8 feet of the home must be fire and ignition- resistant with a Class A noncombustible material such as metal, masonry, or stone, or an approved Class B rated material. Treated building materials will not be allowed unless the treatment is rated to maintain its rating for the life of the material without reapplication. WILDFIRE UPDATE 7.28.080 Fences Avon Municipal Code Page 2 of 3 (2) All other zone districts: (i) Compatibility. Walls and fences shall be architecturally compatible with the style, materials and colors of the principal buildings on the same lot. If used along collector or arterial streets, such features shall be made visually interesting by integrating architectural elements, such as brick or stone columns, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings or through similar techniques. A fence or wall may not consist of a solid, unbroken expanse length of more than fifty (50) feet. (ii) Materials: (A) Fencing within 0-8 feet of the home or commercial building must be fire and ignition- resistant. Treated building materials will not be allowed unless the treatment is rated to maintain its rating for the life of the material without reapplication. Stone walls or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls and stone piers are encouraged , with non-combustible materials preferred. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for grading purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall. (B) Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences are split rail, wrought iron, picket or other standards residential fences of a similar nature approved by the Director. (C) Solid fences shall be constructed to meet the wind design criteria including wind speed minimums of the adopted Building Code (D) Other materials may be incorporated in fences and walls and may be approved by the Director. (iii) Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire or electrically charged fences are prohibited. Chain-link fencing with or without slats shall not be used as a fencing material for screening purposes. (iv) Height Limitations. (A) No more than forty-two (42) inches high between the front building line and the front property line. For corner lots, front yard fence regulations shall apply to both street sides of lot. (B) No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes. (C) No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard. (D) No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard. (E) No more than thirty (30) inches high when located within the sight distance triangle. Fences within this sight distance triangle shall not be solid. (F) In the Light Industrial and Commercial (IC) zone district, a chain-link fence is permitted so long as it is not higher than six (6) feet anywhere on the premises and not visible at the intersection. WILDFIRE UPDATE 7.28.080 Fences Avon Municipal Code Page 3 of 3 (v) Maintenance. All fences shall be maintained in good repair. Fences shall be inspected regularly to ensure stability and safety, and for aesthetic values. (Ord. 25-06; Ord. 23-01, § 2(Exh. A); Ord. 21-09 §16; Ord. 17-12 §5; Ord. 10-14 §3) WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 1 of 24 7.28.100 Natural Resource Protection. (a) Steep Slopes. (1) Purpose. The purpose of this Subsection is to: (i) Prevent soil erosion and landslides; (ii) Protect the public by preventing or regulating development in locations with steep slopes; (iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and provide access for emergency vehicles necessary to serve the hillside areas; (iv) Encourage only minimal grading that relates to the natural contour of the land and reduce necessity of retaining walls; (v) Discourage mass grading of large pads and excessive terracing; and (vi) Require revegetation and reclamation of slopes disturbed during development. (vii) Protect structures from the threat of wildfire through the implementation of wildfire mitigation practices. (2) Applicability. The standards in this Section shall apply to all new development, with the exception of administrative and minor subdivisions and all other subdivision, PUD and rezoning processes that do not result in an increase in density. (3) Standards. Development subject to these standards shall comply with the following standards: (i) Development on natural slopes of forty percent (40%) or greater is prohibited. (ii) Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services or for any roads or driveways, prior to issuance of a building permit in accordance with a grading and excavation plan and report for the site approved by the Town Engineer. (iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent (40%) shall remain in natural private or public open space, except as expressly allowed in this Section. This area may be credited toward open space requirements and minimum lot area requirements. (iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty percent (30%) that is larger than two thousand five hundred (2,500) square feet, the lot shall be a minimum of one (1) acre in size with a minimum street frontage of one hundred fifty (150) linear feet. Lots shall not be mass-graded to avoid this provision. (v) Limits on Graded or Filled or Constructed Slopes. (A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged wherever possible. (B) Graded or filled or constructed slopes shall not exceed a slope of fifty percent (50%). (C) Cut human-made surfaces or slopes shall not exceed a slope between twenty-five percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a site investigation and submittal of a soils engineering or geotechnical report prepared and WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 2 of 24 approved by the Town Engineer, that a cut at a steeper slope will be stable and will not create a hazard to public or private property. (D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The cut surface of the bedrock should be "sculptured" to create an irregular profile which approximates natural rock outcroppings on the site. Planting pockets may be created in the sculptured rock for grasses and forbs. (E) All cut, filled and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain pursuant to Paragraph (xii)(F) below and Section 7.28.050, Landscaping. (vi) Natural Design: (A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut and fill slopes (within approximately five [5] feet of the sharp angle). Where this would damage tree root systems, the amount of rounding off may be reduced and shrubs used instead to hide the transition. (B) Slopes providing a transition from graded areas into natural areas should be varied in percent grade both up-slope and across the slope, in the undulating pattern of surrounding natural slopes, so that the top or the toe (or both) of the cut or fill slope will vary from a straight line in plain view. (C) Natural grade at the lot lines shall be maintained. (vii) Separate Pads: (A) Cutting and grading to create benches or pads for buildings or structures shall be avoided to the maximum extent feasible. (B) Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings and similar facilities, shall not be allowed except where the natural slope is twenty percent (20%) or less. (viii) Parking Areas. Parking areas should be constructed on multiple levels and follow natural contours as necessary to minimize cut and fill. (ix) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall comply with the standards of Section 7.28.070, Retaining walls. (x) Natural Drainage Patterns: (A) Site design shall not change natural drainage patterns. (B) To the maximum extent feasible, development shall preserve the natural surface drainage pattern unique to each site as a result of topography and vegetation. Grading shall ensure that drainage flows away from all structures, especially structures that are cut into hillsides. Natural drainage patterns may be modified on- site only if the applicant shows that there will be no significant adverse environmental impacts on-site or on adjacent properties. If natural drainage patterns are modified, appropriate stabilization techniques shall be employed. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 3 of 24 (C) Development shall mitigate all negative or adverse drainage impacts on adjacent and surrounding sites. (D) Standard erosion control methods shall be used during construction to protect water quality, control drainage and reduce soil erosion. Sediment traps, small dams or barriers of straw bales shall be located wherever there are grade changes to slow the velocity of runoff. (xi) Revegetation Required. Any area exposed in new development shall be landscaped or revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6), Revegetation plan. (xii) Streets, Roads and General Site Access: (A) Access to a building or development site shall be by road, street or private access road only. (B) Streets, roads, private access roads and other vehicular routes shall comply with all requirements of this Code and design specifications. (C) Streets, roads, private access roads and other vehicular routes shall not be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless specifically authorized by the PZC after finding that all of the following conditions and constraints are applicable: 1) No alternate location for access is available; and 2) No significant adverse visual, environmental or safety impacts will result from the crossing, either by virtue of the design and construction of the street, road, private access road or other vehicular route as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts. (D) Under no circumstances shall any street, road, private access road or other vehicular route cross slopes greater than fifty percent (50%). (E) Streets, roads, private access roads and other vehicular routes shall, to the maximum extent feasible, follow natural contour lines. (F) Grading for streets, roads, private access roads and other vehicular routes shall be limited to the asphalt portion of the right-of-way, plus up to an additional ten (10) feet on either side of the asphalt as needed, except that when developing access on slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way shall be graded plus the minimum area required for any necessary curb, gutter or sidewalk improvements. The remainder of the access right-of-way shall be left undisturbed to the maximum extent feasible. (G) Roads, other vehicular routes or trails may be required to provide access or maintain existing access to adjacent lands for vehicles, pedestrians, emergency services and essential service and maintenance equipment. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 4 of 24 (xii) Wildfire Mitigation: (A) Requires aggressive fuel reduction and other mitigation as fire moves faster uphill. Mitigation includes creating wider defensible space, using ignition-resistant plants, thinning trees, and clearing debris. The width of this defensible space may vary, as determined by a professional wildfire assessment and as approved by the Town of Avon. (b) Stream, River, Waterbody and Wetlands. (1) Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect and improve water quality, preserve fish and wildlife habitat and preserve the natural aesthetic value of streams, rivers, water bodies and wetland areas of the Town. (2) Applicability. This Subsection shall apply to all new development, except for the following development or activities: (i) Agricultural activities, such as soil preparation, irrigation, grazing, planting and harvesting; (ii) Maintenance and repair of existing public roads, utilities and other public facilities within an existing right-of-way or easement; (iii) Maintenance and repair of flood control structures and activities in response to a flood emergency; (iv) Wetland and wildlife habitat restoration, construction or enhancement that improves or restores the wetland or stream corridor functions, provided that the proposed activity is approved by the appropriate agency such as the U.S. Army Corps of Engineers; and (v) For the purposes of wildfire mitigation in the Wildland Urban Interface (WUI) as determined necessary by a professional wildfire assessment and as approved by the Town of Avon. The standards of this Section shall apply in addition to the standards of Subsection 7.28.100(d), Flood Damage Prevention. In the event that there is any conflict between the two (2), the more restrictive provision shall apply. (3) Nondegradation of Streams, Rivers and Wetlands. The applicant shall show evidence and plans to ensure that the proposed development does not result in reasonably avoidable degradation of streams, rivers or wetlands. This condition shall apply to both the development activities and the ultimate use of the land. Items such as settling ponds, filtration galleries, sand traps and the ultimate maintenance of these items shall be addressed and resolved prior to subdivision approval. See also Subsection 7.28.100(c), Grading, Erosion Prevention and Sedimentation Control. (4) Riparian Buffers. The following buffers Buffers are established required from the mean annual high water line (AHWL), as determined by the Town Engineer, on each side of any perennial stream or river, water body or wetland. (5) Riparian Protection Buffer: (i) Intent. The riparian protection buffer is intended to protect the habitat, wetland, slopes and features in the immediate vicinity of riparian areas. These areas are typically ecologically rich but sensitive habitats that also serve as critical buffers to sedimentation. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 5 of 24 (ii) Minimum Width. The minimum width of the riparian protection buffer shall be thirty (30) feet from the AHWL. (iii) For subdivisions, PUDs or rezonings, the Director may request a specific survey of the extent of riparian zone if unable to easily ascertain the extent. (iv) Permitted Uses and Activities. Except as required to accommodate a permitted use or activity, all existing vegetation within the riparian protection buffer shall be preserved and, where necessary to provide adequate screening or to repair damaged riparian areas, supplemented with additional native or adapted planting and landscaping. (v) Allowed Activities and Uses. The following uses are allowed in both the riparian protection buffer: (A) The planting of native riparian vegetation with hand equipment. (B) Agricultural purposes on lands used primarily for agriculture, provided that a ten-foot- wide buffer of natural vegetation is left on the stream bank. (C) Maintenance of landscape existing and in compliance with local regulations on November 16, 2010. (D) Bank stabilization activities. (E) Electric, natural gas, cable communications and telephone utility related activities within an existing right-of-way or easement where necessary. (F) The control and maintenance of noxious weeds, provided that non-chemical control methods are used. U.S. EPA-approved herbicides may only be used if applied using a wick device. A wick device applies the herbicide only to the surface of the weed. (G) The following management activities: (1) Nonmechanized removal of fallen dead branches or fallen dead trees, although this practice is only allowed if the dead vegetation poses an immediate threat to health and safety due to the beneficial wildlife, fisheries and environmental value of fallen dead branches and trees; (2) Nonmechanized removal of hazardous leaning trees or dead branches; and (3) The clearing of one (1) private trail on a lot of up to three (3) feet in width that serves as access to the waterbody or clearing for a public trail as approved by the Town. Staircases are considered part of a trail; and (4) Maintenance of river access locations. River access, river recreation and spectating. (H) No disturbance of land shall be allowed within riparian buffers, including but not limited to dumping, filling, dredging, new construction, excavating, substantial improvements or modifications, installation of septic systems, scraping by motorized equipment, removal of vegetation or root systems or transferring materials that will reduce the natural storage capacity of the land or interfere with the natural flow pattern of any watercourse or degrade the quality of surface or ground water. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 6 of 24 (I) The construction of bridges over a riparian feature and within the riparian buffer is permitted, provided that bridges are planned and constructed so as to minimize impacts on the riparian feature and minimizes disturbance and removal of vegetation. (J) Fire pits, the use of Charcoal and LP-gas grills, barbecues, smokers (including pellet smokers), and similar appliances considered open flame cooking devices, as well as open burning of wood piles are prohibited in riparian buffers due to high wildfire risk and the ecological sensitivity of these areas. (6) Ephemeral Streams. Development shall not be permitted within the channel of an ephemeral stream, as defined by its AHWL, except that the Town Council may grant waivers or modifications from this prohibition upon a finding that the development will have no adverse environmental impacts or that such impacts will be substantially mitigated. (c) Grading, Erosion Prevention and Sedimentation Control. (1) Purpose. Siltation of rivers and other water bodies is a leading cause of water quality impairment in rivers and lakes. The purpose of these requirements is to minimize the water quality impacts resulting from land development and other land-disturbing activities. (2) Applicability. This Subsection shall apply to any disturbance within one hundred (100) feet of a stream, all grading unless waived by the Town Engineer, all residential development disturbing more than one-quarter (¼) acre, all mixed use, commercial and industrial development and all proposed subdivisions and PUDs. (3) Permit Required. No grading shall be performed without first having obtained a permit from the Town Engineer. A grading permit does not allow for the construction of retaining walls or other structural elements. (i) All grading must be in conformance with the International Building Code (IBC) as adopted by Chapter 15. (ii) The building code as set forth in Chapter 15 shall regulate any exemption to a required grading permit. (4) Erosion Control Standards. The applicant shall minimize erosion of soils from a site that is being developed by complying with the following standards. Sediment and mud shall not be discharged from disturbed areas in greater quantities than the fully vegetated undisturbed state. (i) Phase Construction. Construction activities such as clearing, grading, road construction and utilities installation shall be phased to minimize soil exposure. Sediment-trapping practices and stream and other water body protection shall be installed and stabilized before site grading or other construction is initiated. (ii) Soil Stabilization. All disturbed areas and soil stockpiles shall be surface roughened, mulched, seeded and mulched or otherwise protected from erosive forces if they are to remain exposed and inactive for periods longer than fourteen (14) days or if soil will be exposed during winter, so that erosion will not occur during spring snow melt. Disturbed areas shall be mulched or seeded and mulched within seven (7) days after final grade is reached. Grass or straw mulch shall be crimped in place. On slopes greater than twenty WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 7 of 24 percent (20%) or within fifty (50) feet of any water body, exposed soils shall be hydro- mulched or covered with nets or mats. (iii) Excavation. Excavation for footings and foundations shall be minimized to the maximum extent feasible in order to lessen site disturbance, avoid the disruptions of existing natural features, such as mature trees, and ensure compatibility with hillside and sloped terrain. Intended excavation must be supported by detailed engineering plans submitted as part of the application for site development plan approval. (iv) Cut and Fill Slopes. Where cut and fill cannot be avoided, slopes shall be designed for long-term stability. Permanent, drought tolerant native vegetation with low wildfire ignition potential that is complimentary to the subject area should be used as the preferred approach to stabilization of cut and fill areas where slopes are less than or equal to two-to- one (2:1). On cut and fill slopes steeper than two-to-one (2:1), stabilization may be attained by utilizing retaining walls, rock walls, up-slope runoff diversions, slope drains or other measures appropriate for the specific situation. Rockfall mitigation will be required for slopes steeper than two-to-one (2:1) if appropriate. Where retaining walls are used, they shall meet the requirements of Section 7.28.070, Retaining Walls. In no case shall the soil surface of a cut and fill slope remain exposed without an approved method of soil stabilization. (v) Construction in or Adjacent to a Water Body. Construction in or directly adjacent to any water body, such as culvert or bridge installation, shall require bed and bank stabilization. This may include stream isolation through the use of coffer dams, complete containment of the stream in the area of the disturbance, stream-crossing structures or limits on the dates when in-stream work can be performed. (vi) Channels and Ditches. New or re-routed irrigation ditches, receiving channels and streams shall be protected so that flows from the site do not cause erosion and flooding. (vii) Stormwater Runoff. Stormwater runoff flows shall be managed to minimize erosion and sediment transport. Concentrated flows shall be diverted away from disturbed slopes. The length and steepness of disturbed slopes shall be minimized or slope drains shall be used. (viii) Sediment and Mud Control. Sediment and mud shall be prevented from leaving the construction site by immediate placement of street base or construction of mud pads in access routes. Mud pads shall be at least fifty (50) feet in length and comprised of angular rock and/or a wheel washing facility. Adjacent properties shall be protected by using sediment fences, straw bales and silt traps. Storm sewer inlets shall be protected from entry of sediment-laden water. (ix) Sediment Detention: (A) When the contributing drainage area, including off-site area, is greater than one (1) acre, sediment detention ponds, infiltration devices and other management practices that store or detain runoff shall be used to treat sediment-containing runoff prior to discharge from the construction site. These practices shall be designed to treat the runoff from the two-year, twenty-four-hour storm. Sediment detention ponds, when included, shall be designed to achieve ninety percent (90%) trap efficiency for all sediments of 0.005 millimeter or larger diameter. If the discharge from the pond is WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 8 of 24 passed through a filtration (i.e., constructed wetland) or infiltration device, the trap efficiency requirements may be reduced at the discretion of the Town Engineer. (B) Where the contributing drainage area is less than one (1) acre, a specific engineered design for these sediment trapping facilities shall not be required. As an alternative, silt traps may be used to detain and treat runoff. (x) Temporary Sediment Ponds. Temporary sediment ponds that will be removed after successful revegetation of the site shall be designed to safely detain and release all storms up to and including the twenty-five-year, twenty-four-hour storm at its historic, pre- development rate of release. Ponds that will be left as permanent facilities shall have a capacity to safely pass the one-hundred-year flood and meet any dam and diversion requirements of the state engineer. (xi) Construction De-Watering. All construction de-watering activities shall conform with the State's construction de-watering permit requirements, which include daily monitoring of total suspended solids with a thirty-day average concentration of no more than thirty (30) milligrams per liter and a seven-day average of no more than forty-five (45) milligrams per liter. Discharges from construction de-watering operations shall be accomplished in a manner that does not cause erosion. (xii) Inspection and Maintenance. At a minimum, the applicant shall inspect all erosion and sediment control devices monthly. In addition, the applicant shall inspect all erosion and sediment control devices after any precipitation event that occurs during construction and make any necessary repairs immediately thereafter. An inspection log shall be kept on-site for review by the Town until the project is complete. A copy of the inspection log sheets shall be delivered to the Town at the end of each month during construction. (xiii) Permanent Revegetation. Any disturbed area that is not built upon for a period of one (1) year or longer shall be revegetated pursuant to Paragraph 7.28.100(c)(6), Revegetation Plan, below. (xiv) Post-fire Mitigation. To reduce post-fire erosion and debris-flow risks to the watershed and downstream communities, riparian restoration shall be coordinated with the Town of Avon. (5) Erosion and Sediment Control Plan. An applicant for any development listed in Paragraph 7.28.100(c)(2), Applicability, shall submit an erosion and sediment control plan prepared by a qualified professional. The plan shall contain the following information: (i) Existing Features. Location of all existing and proposed structures and hydrologic features on the site, including intermittent water features, wetlands and the one-hundred-year flood plain and all drainage structures or natural features on the land adjacent to the site and within a minimum of one hundred (100) feet of the site boundary line. The map must show the locations of street gutters, storm sewers, drainage channels, other water conveyance structures, wetlands and other waters that receive storm runoff from the site. (ii) Topography. Existing and proposed topography depicted at reasonable contour intervals, to provide necessary detail of the site. Existing and proposed areas with slopes of fifteen percent (15%) to thirty percent (30%) and greater than thirty percent (30%) shall be identified. The map shall extend a minimum of one hundred (100) feet beyond the property WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 9 of 24 line and show the location of the property line. The map shall show elevations, dimensions, location, extent and slope of all proposed grading including building site and driveway grades and the boundary limits of clearing and grading. (iii) Plans. Plans of all drainage features, paved areas, retaining walls, cribbing, planting, temporary or permanent soil erosion control measures, rockfall mitigation or other features to be constructed in connection with or as part of the proposed development. As applicable, design drawings of sediment controls, temporary diversions and practices used shall be provided. A brief description including specifications shall also be provided of how the site will be stabilized after construction is completed. (iv) Storage Areas. The location of storage areas designated for equipment, fuel, lubricants, chemical and waste storage. Details on spill containment structures shall be provided where storage of these materials is planned. The location of soil stockpiles and snow storage areas shall also be shown, along with the location of any temporary roads designed for use during construction. (v) Construction Schedule. The plan shall describe the expected starting and completion dates of the site grading and construction, including the installation and removal time periods of erosion and sediment control measures and the duration of exposure of each area prior to the completion of temporary erosion and sediment control measures. (vi) Calculations. Any calculations made for determining rainfall, runoff, sizing of any sediment basins, diversions, conveyance or detention/retention facilities. (vii) Other Permits. Evidence of compliance with state and federal requirements to obtain a Colorado Discharge Permitting System (CDPS) or National Pollutant Discharge Elimination System (NPDES) permit for construction sites disturbing an area or one (1) acre or more. (6) Revegetation Plan: (i) On a parcel of land that has been or will be altered from its natural condition by human- made activities, a revegetation and land reclamation plan prepared and certified by a qualified professional shall be required by the Director for review and approval. (ii) The revegetation and land reclamation plan shall depict the type, size , water needs, wildfire ignition rating, and the location of any trees and vegetation being planted and to illustrate how the site will be recontoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible. (iii) Any slope exposed or created in a new development shall be landscaped or revegetated with native or adapted trees and other native or adapted plant material. New vegetation shall be equivalent to or exceed the amount and erosion-control characteristics of the original vegetation cover in order to mitigate adverse environmental and visual effects. (iv) On human-made slopes of twenty percent (20%) or greater, native plant materials with deep rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. The planting basin should be kept level with a raised berm around the base of the plant to help retain moisture. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 10 of 24 (v) To the maximum extent feasible, topsoil that is removed during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut-and-fill slopes. (vi) The plan shall also indicate a time frame for revegetation that is acceptable to the Town and that takes into account optimal seasonal growing conditions. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of species planted. (d) Flood Damage Prevention. (1) Purpose. It is the purpose of this Subsection to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (i) Protect human life and health; (ii) Minimize expenditure of public money for costly flood control projects; (iii) Minimize the need for rescue and relief efforts associated with flooding and that are generally undertaken at the expense of the general public; (iv) Minimize prolonged business interruptions; (v) Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; (vi) Help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future flood blight areas; and (vii) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (2) Applicability. The flood damage prevention regulations of this Subsection shall apply to all areas of Special Flood Hazard Areas (SFHA) within the jurisdiction of the Town and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F). The Flood Insurance Study (FIS) for Eagle County, Colorado and incorporated areas dated December 4, 2007, with accompanying Flood Insurance Rate Maps (FIRMs) and any revisions thereto serves as the basis for establishing the SFHA and is adopted by reference. The most recent version of the FIRM received by the Town is on file with the Town Clerk. (3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this Subsection includes methods and provisions for: (i) Restricting or prohibiting uses that are dangerous to health, safety and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities; (ii) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (iii) Controlling the alteration of natural floodplains, stream channels and natural protective barriers that may help accommodate or channel floodwaters; WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 11 of 24 (iv) Controlling filling, grading, dredging and other development that may increase flood damage; and (v) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas. (4) Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered, nor shall any development occur without full compliance with the terms of this Subsection and other applicable regulations. (5) Liability. The degree of flood protection intended to be provided by this Subsection has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This Subsection does not imply that the areas outside the SFHA or land uses permitted outside the SFHA will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this Subsection create a liability on the part of or a cause of action against the Town or any officer or employee of the Town for any flood damages that may result from reliance on this Subsection or any administrative decision. (6) Conflicting Regulations. This Subsection is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where any provision of this Subsection conflicts or overlaps with another provision of this Development Code, including Subsection 7.28.100(b), Streams, Rivers, Waterbodies and Wetlands; any state or federal law; or any easement, covenant or deed restriction, then the more restrictive provision shall apply. (7) General Standards. In all SFHA, the following standards are required: (i) Construction Materials and Methods: (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; and (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (ii) Utilities: (A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (B) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and (C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (iii) Subdivision Proposals: (A) A subdivision proposal shall be consistent with the need to minimize flood damage; WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 12 of 24 (B) A subdivision proposal shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development that contain at least fifty (50) lots or five (5) acres. (iv) Effect of Development. Any proposed development shall be analyzed to determine effects on the flood-carrying capacity of the SFHA. (v) Use Regulations. Uses shall be regulated in the SFHA and subareas of the SFHA pursuant to this Subsection. (A) Prohibited Uses in Floodway. No development, encroachment, use or alteration in, on or over any part of the floodway shall be permitted that alone or cumulatively with other such uses would cause or result in: 1) The occupation of permanent or temporary structures. 2) The development or use of overnight campgrounds or travel trailer parks. 3) Uses that customarily include the use, storing or processing of materials that are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life during a time of flooding. Examples include, but are not limited to, junkyards, automotive shops and dry cleaners. 4) Solid waste disposal sites and central collection sewage treatment facilities. 5) Uses that serve vulnerable populations with limited mobility (including but not limited to child care facilities, elementary schools and senior housing). 6) The potential of solid debris (including but not limited to, garages, shelters, benches, storage sheds, decks or fences) or waste (including but not limited to, septic systems or portable toilets) being carried downstream. 7) An encroachment that would adversely affect the efficiency and capacity of the floodway, change the direction of flow, cause any increase in the base flood elevation or cause foreseeable damage to others, wherever located. 8) An encroachment, including fill, new construction, substantial improvements or other development unless certification by a registered professional engineer or architect is provided and demonstrates that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood discharge. 9) Critical facilities, as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6, Critical Facilities, dated November 17, 2010. 10) Any use prohibited pursuant to Paragraph 7.28.100(b)(4), Riparian Buffers. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 13 of 24 (B) Allowed Uses in Floodway. The following uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow or increase the base flood elevation: 1) Agricultural uses, such as general farming, pasture, grazing, forestry, sod farming and wild crop harvesting. 2) Recreational uses not requiring permanent or temporary structures designed for human habitation. 3) Uses accessory to residential uses, including but not limited to lawns, open areas, gardens, driveways and play areas. 4) Road and highway structures. 5) Wildfire mitigation. (C) Prohibited Uses in Flood Fringe. No development or uses on or over any portion of the flood fringe shall be permitted that alone or cumulatively with other such development or uses would cause or result in any of the following: 1) The storage or processing of materials that are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life in a time of flooding. 2) Solid waste disposal sites and central collection sewage treatment facilities. 3) The potential of solid debris (including but not limited to garages, non-habitable shelters, storage sheds, decks or fences) or waste (including but not limited to septic systems or portable toilets) being carried downstream. 4) Critical facilities, as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6, Critical Facilities, dated November 17, 2010. 5) For additional restrictions, see Paragraph 7.28.100(b)(4), Riparian Buffers. (D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood fringe and in areas removed from the floodplain by the issuance of a FEMA LOMR-F subject to the zoning designation of the property and this Subsection and shall comply with the applicable standards of this Subsection. 1) Residential Structures. Residential structures and uses are allowed, provided that: (I) Any residential structure designed for human occupancy or the storage of property shall be constructed, located or improved so that any external wall shall be not less than thirty (30) feet from the stream side of the flood fringe. (II) The lowest floor, including the basement, electrical, heating, ventilation, plumbing and air conditioning and other service facilities of any residential building or structure and substantial improvement to any WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 14 of 24 residential structure shall be not less than one (1) foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation (BFE), compacted with slopes and protected by vegetated cover. (III) The lowest interior grade, including crawl spaces, of any residential building or structure, shall not be lower than the lowest adjacent grade. 2) Nonresidential Structures and Uses. The following nonresidential structures or uses are allowed: (I) Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, wild crop harvesting and sod farming. (II) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking and equestrian trails. (III) Open area nonresidential uses, such as lawns, gardens, parking areas and play areas. (IV) Uses accessory to open space or uses for which a permit is required under this Subsection. (V) Railroads, streets, roads, bridges, utility lines and facilities and structures for irrigation, drainage or flood control. (VI) Wildfire Mitigation. 3) Nonresidential Standards. Nonresidential structures or uses shall comply with the following: (I) Any nonresidential structure shall either have the lowest floor, including the basement, not less than one (1) foot above the BFE; or together with attendant utility and sanitary facilities shall be flood-proofed so that below one (1) foot above the computed BFE, the structure is water-tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by an engineer or architect registered in the State of Colorado that the standards of this Subsection are satisfied. Such certifications shall be submitted to the Town Engineer or its designated representative and provide that where a nonresidential structure is intended to be made watertight below one (1) foot above the BFE; (II) A registered professional engineer or architect in the State of Colorado shall develop and/or review structural design, specifications and plans for WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 15 of 24 the construction and shall certify that the design and methods of construction are in accordance with current technical criteria; and (III) A record of such certificate that includes the specific elevation (in relation to the appropriate datum) that the structures are flood proofed. All flood proofing shall meet the current technical criteria set by the Colorado Water Conservation Board and the Federal Emergency Management Agency. The applicant shall provide the certifications to the Town Engineer. In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three (3) feet per second at any point where the proposed development is to occur, then additional flood-proofing shall be required sufficient to withstand such greater water velocity. 4) Recreational Vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe: (I) The recreational vehicle is located on the site for fewer than thirty (30) consecutive days. (II) The recreational vehicle is fully licensed and ready for highway use. (8) Floodplain Development Permit. A floodplain development permit shall be obtained from the Town Engineer before the start of construction or development within the SFHA. (i) Contents of Floodplain Development Permits. Applications for floodplain development permits are to be submitted to the Town Engineer and shall include the following information as applicable: (A) Application Form. A completed application form with all necessary information completed. (B) Site Plan. A plan at a scale of one inch equals two hundred feet (1" = 200') or as approved by the Town Engineer, stamped by an engineer registered in the State of Colorado, which includes: 1) The site location; 2) A legal description of the parcel; 3) Base flood limits and water surface elevations; 4) Floodway limits; 5) Channel of watercourse; 6) Existing and proposed contours or elevations at no more than two-foot intervals; 7) Existing and proposed structures, with the lowest floor elevations (including basements and garages) of each structure; 8) Proposed elevations to which structures will be flood-proofed (if applicable); WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 16 of 24 9) Location and elevations of existing streets, water supply and sanitation facilities; 10) Limits and total land area of all existing and proposed impervious surfaces, including structures; 11) Existing water supply ditches, irrigation ditches and laterals; and 12) All maps shall comply with the National Map Accuracy Standards. (C) Channel Cross-Section. A typical cross-section showing: 1) The channel of the watercourse; 2) Limits of floodplain adjoining each side of channel; 3) Cross-section area to be occupied by the proposed development; and 4) Existing and proposed base flood elevations. (D) Construction Specifications. Specifications for construction and materials of buildings, flood-proofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitation facilities as applicable. (E) Alteration of Water Course. Description of the extent to which any water course will be altered or relocated as a result of the proposed development. (F) Floodway Floodplain Development Requirements. If development is proposed in a floodway, then a floodway analysis by a Colorado Registered Professional Engineer must be completed using methodology acceptable to the Federal Emergency Management Agency (FEMA) and Colorado Water Conservation Board (CWCB) and must meet the following guidelines: 1) If a detailed hydraulic floodway analysis has not been performed, the responsibility for determining the floodway boundary rests with the floodplain development permit applicant. The need for a detailed hydraulic floodway analysis shall be the decision of the Town Engineer. 2) The Town Engineer may require that the detailed hydraulic floodway analysis be based on the identical hydraulic model which was used to develop the engineering study currently adopted by the Town Council. The applicant should obtain, through the Town Engineer, a copy of the input data representing the computer model used for the effective flood hazard study if available. 3) The model must then be updated to existing hydraulic conditions to determine what increase in the one-hundred-year water surface elevation levels have already been achieved by development since the floodplain was established. (I) Alternative floodway configurations may then be analyzed based on methods as outlined in the current U.S. Army Corps of Engineers HEC- RAS Water Surface Profiles Users Manual and submitted to the Town Engineer for review and approval. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 17 of 24 (II) Approval will be based on demonstration that the cumulative effects of the proposed development, plus the effects of development since the original flood hazard area was established, does not cause a rise in the base flood elevation. (III) At the Town Engineer's discretion, where a regulatory floodway has been designated, it may not be necessary to determine the cumulative effects of existing development. 4) Floodway boundary configurations will be examined and approved by the Town Engineer. The following specific information, for the stream reach one thousand (1,000) feet upstream and one thousand (1,000) feet downstream from the proposed encroachment, must be submitted: (I) A copy of the printout for the hydraulic computer model representing the base flood profile run for conditions existing at the time the currently effective floodplain was developed. The printout must include the full input and output listing. (II) A copy of the printout from the hydraulic computer model representing the floodway run for the proposed floodway configuration and including developments and other hydraulic changes within the floodplain since the currently effective floodplain was established. The printout must include the full input and output listing with all input changes from the original model highlighted. (III) A copy of the floodway data table representing data for the proposed floodway configuration. (IV) A copy of the currently effective official engineering study showing the existing floodplain and the proposed floodway configuration. (V) Certification from a Colorado Registered Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions, meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed. (VI) Electronic copies of all aforementioned data and model input files of this Section shall be submitted on a suitable medium. (VII) LOMR to existing floodways shall continue to use the floodway criteria in place at the time of the adopted floodway delineation as approved by the Town Engineer. (G) Report. An engineering report addressing those standards set forth in this Section, signed and sealed by a Colorado Registered Professional Engineer. (ii) Standards for Permit Review: (A) Completeness. No later than ten (10) days following receipt of a completed application for a floodplain development permit, the Town Engineer shall: WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 18 of 24 1) Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings, copying, mailings, publications, labor, overhead, consultants, experts and attorneys that the Town deems necessary and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the Town Engineer, the application for the floodplain development permit shall not be further processed. 2) Determine if the application is complete. If the application is not complete, the Town Engineer shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the Town Engineer, the application for the floodplain development permit shall not be further processed. 3) The amount of the fee may be increased at any time if it is determined by the Town Engineer that the fee is not sufficient to cover all costs associated with the floodplain development permit. (B) Review of Application. Once the application is complete and the fee is paid, the Town Engineer shall within thirty (30) days either: 1) Approve the application and grant a permit if the proposed development complies with these regulations. The Town Engineer may attach such permit conditions as deemed necessary in furthering the purpose of the SFHA. 2) Deny the application if the proposed development does not comply with the regulations of the SFHA. The decision of the Town Engineer shall state, in writing, reasons for the decision and shall be given to the applicant. (C) Permit Issued Only for Allowed Use. A floodplain development permit shall not be issued unless the proposed development complies with the standards and uses allowed in the SFHA and will not otherwise violate the purposes and intent of these floodplain regulations. (D) Determination of Flood Hazard. In reviewing an application for a floodplain development permit, the Town Engineer shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. (E) Other Permits and Approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is required by local, federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334. (F) Issuance of Permit. If the Town Engineer determines that the application for a floodplain development permit meets the purposes and requirements of this Section, the floodplain development permit shall be issued, with the attachments of any conditions as deemed necessary to further the purposes of this Section. Such conditions may include, but are not limited to, specification for modification of waste WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 19 of 24 disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction and adequate flood-proofing. (iii) Building Permit. The Chief Building Official shall not issue any permit for, nor shall the Director allow any use involving, any building, structure or other development within the SFHA unless a floodplain development permit has been granted for the development. (iv) Permit Expiration. A floodplain development permit shall expire two (2) years after the date of issuance if the permittee has not commenced construction under the permit. (v) Waiver of Submission Requirements. The Town Engineer may waive any part but not all of the submission requirements imposed by the SFHA upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought and/or full compliance with the submission requirements would be unreasonable for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Town Engineer, upon written determination that the information to be submitted is sufficient for the Town Engineer to arrive at a permit decision in full compliance with the law and these floodplain regulations and that the proposed development will have an insubstantial impact on the surrounding area. (vi) Notice to Purchaser or Lessee. In addition to the provisions set forth in the administrative regulations, in the event that a permit issued under these floodplain regulations allows a structure to be located in a floodplain, the terms of the permit shall require notice that the structure is being located in a floodplain and must be disclosed to the purchaser or lessee in the purchase contract, deed or lease. (vii) Permit Conditions. The Town Engineer may attach such conditions to granting of a permit for proposed development in the floodway, the flood fringe or a flood-prone area, as he or she deems necessary in furthering the purposes of these floodplain regulations. Such conditions may include, but not be limited to, specifications for modifying waste disposal and water supply facilities, landscaping, deed restrictions or adequate flood proofing. (e) Geologic Hazard Areas. Certain types of lands in Avon have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive or collapsible soils and rocks and areas susceptible to ground subsidence. Development in certain of these hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover that can cause increased runoff and consequent erosion and sedimentation, especially as an outcome of wildfire or domestic fire. (1) Purpose. The purpose of this Section is to reduce human exposure to geologic hazards and environmental degradation by limiting development within geologically hazardous areas. (2) Development Limitations on Sites in Geologic Hazard Areas. After November 16, 2010, new development is prohibited within geologic hazard areas. In the event that there is no hazard-free area on a platted site, then development shall be restricted to the least hazardous area of a site, as approved by the Director based on a study by a qualified engineer licensed by the State of Colorado. Such development shall incorporate applicable hazard mitigation pursuant to this Section. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 20 of 24 (3) Minimum Mitigation Standards in Geologic Hazard Areas. All development in geologic hazard areas shall comply with minimum standards of this Section. Where a development has been approved with specific geologic hazard mitigation elements, such elements shall be in addition to these minimum standards. (i) If structural geologic hazard defenses are required to protect people or structures, they shall be designed by a certified engineer to withstand the impact forces. (ii) Utility lines or pipes that cross a geologic hazard area shall be buried within the hazard area. Surface pipes, poles or towers for suspended transmission lines in hazard zones shall be protected by utilizing diversion methods or protection structures. (iii) Clear-cutting or other large-scale removal of vegetation shall be prohibited within geologic hazard areas. (iv) Extractive operations are prohibited within geologic hazard zones unless there is an approved program of geologic control and defense measures. (v) All roads shall avoid geologic hazard areas. Roads intended for winter use shall avoid avalanche hazard areas. If the Director finds that it is not possible to construct a road that avoids these hazard areas, then the Director may approve a road subject to site-specific mitigation methods. Roads that must cross hazardous areas shall be designed to limit exposure and utilize hazard control practices to reduce the danger along exposed road segments. Where the main access road to a proposed development crosses a hazard area, a secondary access is required. (vi) Warning signs shall be placed along roads and trails that cross rockfall and avalanche hazard zones. (vii) Property owners who develop in geologic hazard areas or obtain driveway access through geologic hazard areas shall bear the costs of any control measures that may be required to mitigate the hazard. (4) Geologic Hazard Study: (i) Purpose. The purpose of a geologic hazards study is to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas, then the study shall identify mitigation techniques to reduce or minimize the potential impacts of these hazards on the occupants of the property and, as applicable, the occupants of adjacent properties. (ii) Applicability. A geologic hazard study shall be required for all subdivisions, PUDs, rezonings and lots that contain or may contain geologic hazards as defined by the Development Code. A geologic hazards study shall be accepted by the Town only when prepared by a professional qualified geologist or registered engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. Maps depicting slopes shall be prepared by a surveyor registered in Colorado. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 21 of 24 (iii) Requirements for Preliminary Approval. With every preliminary application, the applicant shall submit a geologic hazard study that shall provide a detailed site specific analysis that includes the following minimum information: (A) A site specific analysis of the property that depicts the locations of geologic hazards in relation to planned development areas. The map shall include an accurate survey depiction, at two-foot contour intervals, of those portions of the property that contain slopes in excess of thirty percent (30%). (B) An evaluation of the potential impacts of the geologic hazards on the proposed development and potential impacts on any property surrounding the subject property. This shall include an evaluation of any recent natural or man-made activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (C) A plan with building envelopes that ensure that structures will be located in areas free of geologic hazards or that have been properly mitigated as to all identified hazards. Subdivision plat notes shall be utilized to identify geological hazards present outside of platted building envelopes, as applicable. (D) Identification and description of all proposed hazard mitigation and avoidance measures. (iv) Referral to Colorado Geological Survey. (A) As part of the review of the preliminary application, including but not limited to rezonings, subdivisions and PUDs, the Director shall refer the application to the CGS. Referral of final plat applications will be at the discretion of the Director. (B) CGS shall review the application and geologic hazards study and provide comments on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to make recommendations on the appropriate avoidance or mitigation techniques that may best apply to the proposed development. (C) If CGS determines that there are geologic hazards on the property that have not been addressed by the applicant or that the analysis is otherwise incomplete or inadequate, the Town may require the applicant to revise the geologic hazards study to address the hazards. (D) The Town shall consider the recommendations of the CGS and apply the appropriate recommendations as conditions of approval of the preliminary plan. (v) Requirements for Final Approval. The applicant must demonstrate in the final plan or plat how the development complies with all conditions imposed in the preliminary approval. (f) Scenic Views [Reserved]. (g) Alternative Energy System Standards. The purpose of this Subsection is to establish standards for alternative energy generating systems so that they may be allowed and will be compatible in appropriate locations in the Town. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 22 of 24 (1) General Standards. Any person or association, regardless of the date of establishment, is prohibited from imposing private covenants, conditions, restrictions, deed clauses or other agreements between parties that prevent persons from installing and using alternative energy systems. (2) Ground-Mounted Solar Collection System: (i) Standards. All ground-mounted solar collection systems shall comply with the following requirements: (A) Setbacks, Location and Height: 1) A ground-mounted solar collection system shall not be located in the front yard between the principal structure and the public right-of-way. 2) A ground-mounted solar collection system shall comply with all setback requirements for the zone district within which it is located. 3) An accessory ground-mounted solar collection system in any residential district shall not exceed the greater of one-half (½) the footprint of the principal structure or six hundred (600) square feet, whichever is less. The size of accessory arrays in mixed-use and nonresidential districts shall not exceed one-half (½) of the footprint of the principal structure. 4) A ground-mounted solar collection system shall not exceed ten (10) feet in height. (B) Solar Easements. A property owner who has installed or intends to install a ground- mounted solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement in the Eagle County land records. (C) Additional Standards. A solar array may only be proposed when a solar collection system has been maximized on a property's primary structure. (3) Roof-Mounted Solar Collection System: (i) Standards. All roof-mounted solar collection systems shall comply with the following requirements: (A) Setbacks, Location and Height: 1) A roof-mounted solar collection system shall not extend more than two (2) feet above a pitched roof or six (6) feet above a flat roof. 2) With the exception of flat roofs, a roof-mounted solar collection system placed on the roof shall mimic the roof pitch it is attached to. 3) A roof-mounted solar collection system may be located on an accessory structure. 4) A development proposed to have a roof-mounted solar collection system located on the roof or attached to a structure or an application to establish WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 23 of 24 a system on an existing structure shall provide a structural certification as part of the building permit application. (B) Solar Easements. A property owner who has installed or intends to install a roof- mounted solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement in the Eagle County land records. (4) Small Wind Energy System: (i) Definition. A small wind energy system shall mean a wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics that has a rated capacity of not more than one hundred (100) kilowatts (kW) and that is primarily intended to reduce on-site consumption of utility power. (ii) Standards. All small wind energy systems shall comply with the following requirements: (A) Setback. The base of the tower shall be set back from all property lines, public right- of-ways and public utility lines a distance equal to the total extended height (e.g., if on a roof, roof height plus tower height) plus five (5) feet. A tower may be allowed closer to a property line than its total extended height if the abutting property owner grants written permission and the installation poses no interference with public utility lines or public road and rail right-of-ways. Guy wires and other support devices shall be setback at least five (5) feet from all property lines. (B) Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line of any adjacent property improved with a dwelling unit at the time of the issuance of the zoning certificate, shall not exceed fifty-five (55) dBA for any period of time. The fifty-five-dBA sound level may be exceeded during short-term events out of the owner's control such as utility outages and/or severe wind storms. (C) Appearance, Color and Finish. The turbine and tower shall remain painted or finished in non-reflective, non-obtrusive color. Bright, luminescent or neon colors, as determined by the Town, are prohibited. (D) Clearance. The blade tip or vane of any small wind energy system shall have a minimum ground clearance of fifteen (15) feet as measured at the lowest point of the arc of the blades. (E) Signage Prohibited. All signs on a wind generator, tower, building or other structure associated with a small wind energy system visible from any public road, other than the manufacturer's or installer's identification, appropriate warning signs or owner identification, shall be prohibited. (F) Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA. (G) Access. Any climbing foot pegs or rungs below twelve (12) feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 24 of 24 sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed. (H) Requirement for Engineered Drawings. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings and/or foundation as provided by the manufacturer. (I) Compliance with FAA Regulations. No small wind energy system shall be constructed, altered or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection. (J) Utility Notification. No small wind energy system shall be installed until evidence has been submitted to the Town that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. (K) Abandonment. If a wind turbine is inoperable for six (6) consecutive months, then the owner shall be notified that he or she must, within six (6) months of receiving the notice, restore his or her system to operating condition. If the owner fails to restore his or her system to operating condition within the six-month time frame, then the owner shall be required, at his or her expense, to remove the wind turbine from the tower for safety reasons. If the owner fails to remove the wind turbine from the tower, the Town may pursue legal action to have the wind generator removed at the owner's expense. (Ord. No. 23-01, § 2(Exh. A); Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3) WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 1 of 5 NOTE: The following is the proposed DRAFT for Title 15, which works in conjunction with the amendments to Title 7, eliminating the need to adopt the mandatory State of Colorado Wildfire Resiliency Code (CWRC). The Town believes the proposed building code amendments, along with the Title 7 amendments, meet or exceed the CWRC for structural hardening and for applicability , and shall become the Avon Wildfire Resiliency Code in lieu of adopting the CWRC. 15.25.010 Adoption. The Town adopts the 2021 International Wildland-Urban Interface Code Appendix A, and Appendix B, and Appendix J, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Wildland-Urban Interface Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Wildland-Urban Interface Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.25.015 – Appendix J – Avon Wildfire Resiliency Code. J101. Purpose and Intent The purpose of this Chapter and Title 7, to be known as the Avon Wildfire Resiliency Code (“Code”) is to enhance and improve the construction and maintenance of the built and natural environment within the Town for all new construction, exterior modifications, and relocation(s) of existing structures. The objective of the Code is to improve emergency preparedness and hazard mitigation planning within the Town. The entire Town of Avon lies within a wildfire hazard area, known as the Wildland Urban Interface (WUI). Wildfires can burn thousands of acres for weeks and often send large quantities of embers miles beyond the main fire perimeter, igniting new areas, whether the land is developed or natural. Because the Town is in a valley, with parts of Avon on the valley floor and surrounded by significant topography, no location is outside the potential ember fall area from a wildfire. Structures built within the Town shall use materials with a minimum Class 2 ignition-resistant rating and landscaped in a manner to resist ignition from wildfire flames and embers. Specific requirements for ignition resistant construction and landscaping are subject to this Title 15 and Chapter as well as Title 7. As such, Titles 15 and 7 shall act as the Avon Wildfire Resiliency Code . J102. Applicability and Exceptions. The Code applies to all new construction and exterior modifications as well as to the relocation of existing structures. Exceptions include: (a)Repairs for less than twenty-five (25%) percent of existing decking or roofing on an existing structure; (b)Repairs for less than twenty-five (25%) percent of siding on an existing structure; EXHIBIT B - TITLE 15 WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 2 of 5 (c) Accessory structures less than 120 square feet that are located greater than fifty (50) feet from habitable spaces are exempt from these specific provisions. However, all Accessory Structures, regardless of size, are regulated through Title 7, Chapter 7.24.070 Accessory Uses and Structures. J103. Ignition Resistant Construction Requirements. (a) Roof. Class A rating (tested by ASTM E108 or UL 790) or made of noncombustible material. Wood shake is not permissible on new construction. Valleys must have a corrosion-resistant metal flashing installed over a 36-inch underlayment of a 72-pound mineral-surfaced, non- perforated cap sheet. (b) Eaves. Shall be protected by ignition-resistant materials, or materials with a 1-hour fire- resistance rating. This can also be achieved using 2-inch nominal dimension lumber or 1-inch nominal fire-retardant treated lumber. (c) Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. (d) Exterior Walls. Exterior walls shall be constructed from one of four material types: (1) Materials with minimum 1-hour fire-resistance rating. (2) Approved noncombustible materials. (3) Heavy Timber or log wall construction. (4) Ignition-resistant building materials. Additionally, exterior walls shall have a minimum of 6 vertical inches of noncombustible material measured from the ground or nearest horizontal surface. (e) Exterior Doors, Windows, and Window Trim. Shall be made of noncombustible materials, solid core wood at least 1.75 inches thick, or have a fire protection rating of at least 20 minutes. Tempered glass doors are permitted. Dual or triple pane windows that comply with the International Energy Conservation Code are considered ignition-resistant. (f) Exterior Decks. Decks and other unenclosed appendages or projections attached to a habitable building shall be built with materials that have at least a 1-hour fire-resistance rating or are made of heavy timber. Other options include using approved noncombustible materials, fire-retardant treated wood, or ignition-resistant building materials. For decks or porches 4 feet or less above the ground, the under-deck area shall be enclosed to prevent debris accumulation. Method: use fully enclosed wall covering or corrosion-resistant mesh (maximum opening size 1/8 inch). WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 3 of 5 (g) Openings. Attic, foundation, underfloor, vents through the roof or in vertical exterior walls cannot exceed 144 square inches and shall be covered with a noncombustible, corrosion- resistant mesh or perforated material with openings no larger than 1/8 inch. Attic openings must not be located in the inner two-thirds of soffits, eave overhangs or other overhang areas. (h) Chimneys. Chimneys for fireplaces, barbeques, or other heating appliances that use solid or liquid fuel shall be equipped with a spark arrester made of woven or welded wire screening with openings no larger than 1/2 inch. (i) Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding 1Ú8 inch as approved by the AHJ. J104. Ignition-Resistant Building Materials (a) Ignition-resistant building material is a type of material that sufficiently resists ignition and sustained flaming combustion. To qualify as an ignition-resistant building material, a material shall meet one or more of the following criteria: (1) Noncombustible Material: A noncombustible material is one that does not ignite or burn when subjected to fire. This also includes materials with a noncombustible base and a surfacing material no thicker than 1/8 inch that has a flame spread index of 25 or less. (2) Fire-Retardant-Treated Wood: is any wood product that has been impregnated with chemicals, either through a pressure process or other manufacturing means, and when tested in accordance with ASTM E84 or UL 723, the wood must have a listed flame spread index of 25 or less. (3) Fire-Resistance-Rated Construction: The use of materials and systems in the design and construction of a structure to safeguard against the spread of fire within a structure and the spread of fire to or from structures to the wildland-urban interface area, and when tested in accordance with ASTM E84 or UL 723, the wood must have a listed flame spread index of 25 or less. (4) Log Wall Construction: A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). (5) 1-Hour Fire-Resistance Rating: Building material has been tested to withstand a standardized fire for at least 1 hour while maintaining its structural integrity and preventing the passage of flames and hot gasses. WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 4 of 5 (6) Extended Fire Testing: The material shall be tested for a period of 30 minutes using the extended ASTM E 84 (UL 723) or ASTM E 2768 test. During this test, the material must meet specific performance requirements. (7) Specific Standards of Quality: Materials can also qualify by meeting specific California State Fire Marshal (SFM) test standards, such as those for exterior wall siding, horizontal projections, decking, or general ignition-resistant materials. J105 Defensible Space All applicable construction shall adhere to the defensible space provisions in Title 7, Chapter 7.28.050 Landscaping, Section 7.28.050 (g) Wildland Urban Interface. WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 5 of 5 J105. Defensible Space Requirements. Unless otherwise provided in an approved fire protection plan, defensible space shall be provided and maintained pursuant to Chapter 7.28.050 Landscaping of the Avon Municipal Code. J106. Other site-specific requirements. (a) Driveways (All Zone Districts). In the area within 30 feet of the edges of driveways that are more than 150 feet long trees shall be pruned and spaced to provide at least 10 feet of horizontal spacing between crowns and so that limbs are a minimum height of 10 feet above the ground or one-third the height of the tree if the tree is less than 18 feet tall. (b) Right-of-Way, Fire Lane, and Driveway Protection. In addition to any standards that apply pursuant to Sec. J106(a). - Driveways, within 30 feet of a road right-of-way, fire lane, or driveway that is longer than 150 feet, vegetation shall be limited to plants that are appropriate for right-of-way protection due to their low-flammability rating and growth characteristics, as determined by the Community Development Director or assigns. (c) Continuing Maintenance of Defensible Space and Fire Lane and Right-of-Way Protection Areas. The owner of property upon which defensible space or fire lane or right-of-way protection is required shall be responsible for ensuring that such spaces are maintained in accordance with Sec. J106(a). - Driveways, and Sec. J106(b), Right-of-Way, Fire Lane, and Driveway Protection. Maintenance of such spaces shall include modifying or removing non-fire- resistive vegetation, keeping leaves, needles, and other dead vegetative material regularly removed from roofs of buildings and structures, and regularly removing deadwood and litter from trees. 970-748-4091 pliermann@avon.org TO: Honorable Mayor Underwood and Council members FROM: Patti Liermann, Housing Planner RE: Mi Casa Avon Program Revisions DATE: April 22, 2026 SUMMARY: This report provides the Town Council (“Council”) with updates to the Mi Casa Avon program and requests approval of modifications to the Program Guidelines. Mi Casa Avon provides a 12% cash contribution, with a $100,000 maximum, towards the purchase of an Eligible Buyer’s home purchase. Eagle County has revised their deed restriction purchase programs to provide funds to assist with purchases up to $1,250,000. The proposed revisions would parallel Eagle County’s to increase the Mi Casa Avon 12% contribution to a maximum of $150,000 (i.e.- 12% of a $1,250,000 purchase). Additional revisions include updates to universal definitions, reference to the Avon Community Housing Policies (“ACHP”), addition of a rental rate cap and employer owned units, and an increase to the maximum contribution available for buyers. Council previously approved the Mi Casa Avon program in 2020, along with the Deed Restriction form, Program Guidelines, and Purchase Agreement. Mi Casa Avon was created before the ACHP, and updated deed restriction templates were approved by Council in 2023. Council will continue to approve housing programs, while the Town Attorney is responsible for approving the form of deed restriction. BACKGROUND: At the June 3, 2020 Town Council meeting, Council approved the Mi Casa Avon program, providing buyers of open market units with a cash payment of up to $75,000 in exchange for recording a Resident Occupied deed restriction on the home. The program is available for homes purchased in the Town’s jurisdictional boundaries. Since launching the Mi Casa Avon program in the summer of 2020, 56 homes have been permanently preserved using $3,844,922 in funds. This is an average contribution of $68,659 per unit. Council replaced the 1990 Avon Housing Guidelines with the ACHP in 2023. The ACHP was later updated in 2025. The ACHP will continue to be regularly updated to maintain relevancy with housing programs, industry best practices, and alignment with regional housing partners. The ACHP includes template deed restrictions in Exhibit B. DISCUSSION: Programs are periodically reviewed for updates based on real estate market conditions. At the March 23, 2021 meeting, Council increased the maximum contribution to $100,000 in response to increasing real estate purchase prices and demand. In response to changing real estate market conditions, Staff is proposing revisions to the Mi Casa Avon program as follows: Item Summary Avon Community Housing Policies (“ACHP”) Added reference to the ACHP in the Program Guidelines. Defined terms will align with ACHP and other Avon deed restriction templates. Deed Restriction Replace the existing Mi Casa Avon deed restriction with the template Resident Occupied deed restriction, which refers to the ACHP. Crucial elements of Mi Casa Avon are inserted into the template and have been approved by the Town Attorney. The template addresses some items not covered or unclear in the original deed restriction, like Leave of Absence and Employer Owned units. Page 2 of 3 Maximum Rental Rate Added a Maximum Rental Rate for owners who elect to rent their unit after the 3-year owner occupancy period expires. Maximum rental rate is 120% AMI and is defined in the deed restriction. Maximum Contribution Amount Changed from $100,000 to $150,000. This is 12% of $1,250,000, and while there is no purchase price maximum, it is consistent with Good Deeds. Employer Owned Units Ownership by Eagle County employers to house their employees is addressed in the deed restriction and ACHP. Avon Community Housing Policies. In 2023, Council approved the adoption of the Avon Community Housing Policies, replacing the 1991 Avon Community Housing Guidelines in their entirety. This document is secondary to a recorded deed restriction and provides technical details for the administration of deed restrictions and housing programs. The intent is to have a secondary document that is amendable and can adapt with changes to policy best practices and market conditions. The new version of the Mi Casa Avon deed restriction references the ACHP and is more flexible and adaptable for changes in the future. Deed Restriction. During the adoption of the ACHP, Council also approved template deed restrictions. The revised Mi Casa Avon deed restriction is the template Resident Occupied deed restriction with elements of the original Mi Casa Avon deed restriction inserted. The program continues to allow an owner to rent the unit to an Eligible Household/Eagle County Employee after 3 years of primary residence occupancy. Maximum Rental Rate. The original Mi Casa Avon deed restriction and Program Guidelines do not address rental rates, and therefore, the owner can charge any rental rate to a member of the local workforce. The revised Mi Casa Avon deed restriction and Program Guidelines place the maximum rent at 120% AMI. This maximum rent more closely aligns with the total housing cost (principal, interest, taxes, insurance) for the average purchase price of a Mi Casa Avon unit. 2025 Colorado Housing & Finance Authority (“CHFA”) Rental Limits 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 80% $ 1,999 $ 2,398 $ 2,771 $ 3,092 100% $ 2,498 $ 2,997 $ 3,463 $ 3,865 120% $ 2,998 $ 3,597 $ 4,156 $ 4,638 140% $ 3,498 $ 4,196 $ 4,849 $ 5,411 *includes utilities There are currently 3 Mi Casa Avon units approved for rental. The rates are as follows and include some services provided by the HOA (water/sewer, trash, snow removal): 4 Bedroom: $ 4,800 2 Bedroom: $ 3,400 2 Bedroom: $ 2,900 with landlord covering electric Maximum Contribution Amount. Market conditions in Eagle County and Avon have changed. Real estate prices, interest rates, HOA dues, and insurance costs have increased. The revised Mi Casa Avon Program Guidelines propose increasing the Maximum Contribution to $150,000 to help buyers bridge the affordability gap. Page 3 of 3 Employer Owned Units. The template Resident Occupied Deed Restriction allows ownership by local, Eagle County based employers to purchase units, with the intention of renting to their employees. The ACHP addresses this type of ownership in Chapter 5 Section A Rental of Community Housing by Qualified Employers for Employees. Chapter 7 of the ACHP addresses rental of units along with Annual Verification. Program Guidelines. Changes to the Program Guidelines include the above items and a formatting match to coincide with other housing program guidelines. FINANCIAL CONSIDERATIONS: An increase in the Maximum Contribution Amount could decrease the volume of buyers able to use Mi Casa Avon and Good Deeds Avon. It can also mean more buyers are able to purchase housing in Avon, if not for the increase. The median price of real estate in Avon (excluding Mt Star) increased from $730,000 to $1,737,500 from 2022 to 2023; however, that has not changed the average wage or purchasing power for a typical wage earner in Eagle County. The increase is attributed to a higher number of units sold over $2MM (new development units at Frontgate and Riverfront) and generally increasing real estate values pushing the lowest priced units above $500k, bringing median and average pricing up. 2022 2023 2024 2025 Median Home Price $697,500 $1,737,500 $1,575,000 $1,032,500 Units Sold under $500k 12 1 2 5 Units Sold $501k-$850k 71 32 43 32 Units Sold $851k-$1MM 8 9 10 5 Units Sold $1MM-$2MM 14 33 48 20 Units Sold over $2MM 13 63 52 24 2021 2022 2023 2024 2025 2026 Mi Casa Avon Closings 13 16 3 8 7 0 Mi Casa Avon Resales 0 1 1 1 1 1 Mi Casa Avon Rentals 0 0 1 1 3 3 LEGAL REVIEW: Staff worked directly with the Town Attorney, and all revisions to the program guidelines, including the deed restriction, are approved. RECOMMENDATION: I recommend Council approve the amendments to the Mi Casa Avon Program Guidelines as presented. PROPOSED MOTION: “I move to approve revisions to the Mi Casa Avon Program Guidelines as proposed.” Thank you, Patti ATTACHMENT A: Program Guidelines redline ¡Mi Casa Avon! is a program that incentivizes prospective home buyers to place a deed restriction on their property, in exchange for a cash contribution at closing. This ensures more local residents have an opportunity to purchase homes within Avon, preserving these units for full-time residents in perpetuity. The Avon Town Council approves funding each year for the ¡Mi Casa Avon! program. There is no price appreciation cap on a ¡Mi Casa Avon! Deed Restriction. A deed restriction is an agreement between you and the Town of Avon that restricts the use of your property. In this case, the deed restriction limits the ownership and use of the property to Eligible Households. In exchange for the deed restriction, the Town of Avon pays a lump sum to the Title company before the scheduled closing date. The Mi Casa Avon program is administered by the Town or its Program Administrator pursuant to the guidelines below. 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. Eligible Households An Eligible Household (“Buyer”) is defined in the most recent version of the Avon Community Housing Policies (“ACHP”) Eligible Properties Single family homes, condominiums, townhomes, duplexes, modular or manufactured homes on a permanent foundation taxed as real property within the jurisdictional boundaries of the Town of Avon 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 None Primary Residence Buyer must use the property as their Primary Residence, as defined in the ACHP, for a minimum period of 3 years. After 3 years of ownership, the Owner may vacate the property and rent it to an Eligible Household. Resale transactions are subject to the same 3 years of occupancy before rentals are permitted. ATTACHMENT A Rental of Property Renters must be qualified and approved as Eligible Households and are subject to the same occupancy and use restrictions within the deed restriction and ACHP. Maximum rental rates will be no higher than 120% AMI or as otherwise defined in the deed restriction and ACHP. 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 The Mi Casa Avon Resident Occupied deed restriction will be recorded against the property with the Eagle County Clerk and Recorder’s Office. Town of Avon Payment Payment of 12% of the purchase price, not to exceed $150,000. Funds are wired directly to the title company at closing on the property. Program Compatibility This program is compatible with all Eagle County Down Payment Assistance Loan programs, subject to their program guidelines. It cannot be combined with other deed restrictions. Other Real Estate Buyer and/or occupant(s) may not own any other residential real estate at the time purchase of the Mi Casa Avon property, unless committed to selling within 12 months. Renters may not own other residential real property. Other Uses The property shall never be used as a Short Term Rental or Second Home. Term The deed restriction is perpetual and runs with the property and is binding upon all future resale transactions. Buyer agrees to be bound by the terms of the deed restriction and the ACHP. Buyer agrees to recertify their eligibility with the Mi Casa Avon deed restriction annually. Recertification Owners must certify their eligibility with the Mi Casa Avon program annually in accordance with the Deed Restriction and ACHP. Home Buyer Training All Buyers must attend a Home Buyer Class within 6 months of purchase. Buyer Initial Purchase Application Buyer shall locate the property available for sale and complete an application. Applications are received on a first come, first served basis to be time and date stamped in the 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 employment in Eagle County, and prequalification letter from a local lender. Application Processing Review and approval within 5 business days of receipt of complete application by the Town or its Program Administrator. Application Approval The Buyer will execute a Purchase Agreement and Deed Restriction with the Town of Avon. The Town requires 10 business days to prepare these closing documents. Appreciation Cap None Notice of Intent to Sell Owner will notify the Town, in writing, of their intent to sell the property. Resale Process The Town or its Program Administrator will not facilitate the resale of Mi Casa Avon units but shall approve all future buyers for a fee. Owner will advertise the unit for sale in a publicly available platform like the Vail MLS. Once the Buyer has been selected, the Buyer will complete an application verifying their eligibility with the program. The Town will provide an approval letter to the Buyer. No waitlist will be maintained. Applicability All aspects of Mi Casa Avon eligibility and approval are at the sole exclusive discretion of the Town and availability of funds. These Mi Casa Avon Program Guidelines are subject to change and are binding upon the applicant. Applications may be denied based on the physical condition of the proposed property, concerns with the HOA or 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, these Mi Casa Avon Program Guidelines and the Mi Casa Avon Deed Restriction will control. Additional Information Call 970-748-4091 or email housing@avon.org (970)748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Greg Daly, Chief of Police RE: First Reading of Ordinance 26-08, amending Chapter 10.28, ‘Vehicle Registration,’ and repealing Chapter 10.32, ‘Driver Licenses,’ of the Avon Municipal Code DATE: April 28, 2026 SUMMARY: This report presents the first reading of Ordinance 26-08 (Attachment A), which proposes one amendment and one repeal to the Town of Avon (“Town”) Municipal Code. Specifically, the ordinance would: 1.Amend Chapter 10.28 to authorize the issuance of municipal citations for expired license plates and unregistered vehicles; and 2.Repeal Chapter 10.32, which currently governs driver’s license regulations. BACKGROUND: During the 2025 legislative session, the Colorado General Assembly passed House Bill 25-1112, authorizing municipalities to issue citations for expired license plates and unregistered vehicles into municipal court, thereby streamlining enforcement of these offenses. The Town’s current Ordinance No. 2002-26 authorizes regulation of vehicle registration; however, according to our Town Attorney, this authority was not supported under prior state law. The proposed amendment aligns the Municipal Code with current statutory authority. Additionally, our Town Attorney has determined that Ordinance No. 2002-24, codified in Chapter 10.32 of the Avon Municipal Code, improperly regulates driver’s licenses. Pursuant to C.R.S. § 42-4-110, municipalities do not have authority to regulate driver licensing. Accordingly, this ordinance repeals Chapter 10.32. Violations related to driver licensing will continue to be enforced under state law and adjudicated in county court. FINANCIAL: No financial impact is anticipated. RECOMMENDATION: Staff respectfully recommends that the Town Council approve Ordinance 26-08 on First Reading, amending Chapter 10.28, “Vehicle Registration,” and repealing Chapter 10.32, “Driver Licenses,” of the Avon Municipal Code, and set a public hearing for Second Reading. TOWN MANAGER COMMMENTS/RECOMMENDATION: PROPOSED MOTION: “I move to approve Ordinance 26-08, amending Chapter 10.28, ‘Vehicle Registration,’ and repealing Chapter 10.32, ‘Driver Licenses,’ of the Avon Municipal Code on First Reading, and to set a public hearing for Second Reading.” Thank you, Chief Greg Daly ATTACHMENT A: Ordinance 26-08 Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 Page 1 of 8 ATTACHMENT A ORDINANCE 26-08 AMENDING CHAPTER 10.28, “VEHICLE REGISTRATION” AND REPEALING CHAPTER 10.32, “DRIVER LICENSES” OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon, Colorado (“Town”) has been duly organized and validly exists as a Home Rule municipality under Article XX, Section 6 of the Colorado Constitution and the Town Charter; and WHEREAS, the Colorado Legislature passed House Bill 25-1112 during the 2025 legislative session to allow municipalities to issue tickets for expired plates and unregistered vehicles into municipal courts for a more streamlined enforcement of these offenses; and WHEREAS, the Town currently regulates the driver’s licenses under Chapter 10.32 of the Avon Municipal Code; however, under C.R.S. § 42-4-110, municipalities do not have the authority to regulate the licensing of drivers; and WHEREAS, under C.R.S. § 42-4-111, the Town may reasonably exercise its police power with respect to streets and highways within its jurisdiction; and WHEREAS, the Avon Town Council finds and determines that bringing the Town Code in line with State law is necessary for the immediate preservation of public health, welfare, peace, and safety; and WHEREAS, in furtherance of the above-recited compelling interests, the Town Council desires to enact this ordinance, as authorized by C.R.S. § 42-4-110 and C.R.S. § 42-4-111; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to amend Chapter 10.28 – “Vehicle Registration” ordinance – and to repeal Chapter 10.32 – “Drivers Licenses” – of the Avon Municipal Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of Council. Section 2. Amending Chapter 10.28 and Repealing Chapter 10.32 of the Avon Municipal Code. Chapter 10.28, “Vehicle Registration” and Chapter 10.32 “Driver Licenses” of the Avon Municipal Code is hereby amended and repealed respectively to read as set forth in Exhibit A: Amending Chapter 10.28, “Vehicle Registration” and Repealing Chapter 10.32 “Driver Licenses” of Title 10, “Vehicles and Traffic” of the Avon Municipal Code, attached hereto. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 Page 2 of 8 ATTACHMENT A Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on ___________, 2026 and setting such public hearing for ____________ at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________________ Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on ______________. BY: ATTEST: ____________________________ ___________________________________ Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 EXHIBIT A AMENDING CHAPTER 10.28, “VEHICLE REGISTRATION” AND REPEALING CHAPTER 10.32, “DRIVER LICENSES” OF TITLE 10, “VEHICLES AND TRAFFIC” OF THE AVON MUNICIPAL CODE Chapter 10.28 – Vehicle Registration. 10.28.010 – Registration required. (a) It shall be unlawful for any person to drive, stop or park any motor vehicle, trailer, semitrailer or vehicle or for the owner or person in charge of any motor vehicle, trailer, semitrailer or vehicle to cause or knowingly permit such vehicle on any street or highway within the town or any property owned by the town unless the vehicle’s license plate or plates are for the current registration year are properly attached to and displayed on the vehicle in accordance with Colorado law is an offense for any person who owns a motor vehicle, trailer, semitrailer or vehicle which is primarily designed to be operated or drawn upon any highway, or who owns a trailer coach or mobile machinery whether or not it is operated on a highway within forty-five (45) days after the purchase of such vehicle to fail to apply and obtain registration therefor, except when an owner is permitted to operate a vehicle under the special provisions of Section 42-3-103, C.R.S. (b)This Section does not apply to a bicycle, electrical assisted bicycle, electric scooter, or other human-powered vehicle, any vehicle specifically exempted by Section 42-3-104 of the Colorado Revised Statutes, or to any vehicle whose owner is permitted to operate it under provisions of this article concerning lienholders, manufacturers, dealers, nonresidents, and fleet owners. It is an offense for any owner, operator or occupant of a vehicle which is or has been duly registered for the current year in another state or country of which such owner, operator or occupant has been a resident, to become a resident of this State and to fail to immediately apply for and obtain registration for such vehicle for this State. (c) Upon proof that the owner of the motor vehicle, trailer, semitrailer, or vehicle was unregistered for no more than four months at the time of violation and that the motor vehicle, trailer, semitrailer, or vehicle registration has been renewed prior to the owner’s first court date, the court may dismiss the citation if the owner pays a thirty-five dollar ($35.00) administrative dismissal fee to the municipal court. 10.28.020 – Registration card in vehicle. It is an offense for any person driving a motor vehicle to fail to have in his or her possession or carry in the vehicle a current registration card issued for the vehicle, available for inspection by any peace officer. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 10.28.030 – No number plates attached. (a) It is an offense for any person to fail to display the plates assigned to any motor vehicle, trailer, semitrailer, or vehicle operated on any street or highway within the town. in control of a self-propelled motor vehicle to fail to attach to such motor vehicle number plates during the current registration year, one (1) in the front and the other in the rear. The number plate assigned to a motorcycle, trailer or semitrailer or any other vehicle drawn by a motor vehicle or any item of mobile machinery or self- propelled construction equipment shall be attached to the rear thereof. (b) It is an offense for any person in control of any vehicle described in this Subsection to fail to securely fasten each number plate to the vehicle to which it is assigned so as to prevent the plate from swinging and so that it is horizontal at a height not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, free from foreign materials and in a clearly legible condition. (c) It is an offense for any person in control of any vehicle described in this Subsection to knowingly display or affix to such vehicle any number plates or temporary registration permit that is not issued by the State for the specific vehicle to which the number plate or temporary registration permit is attached, except as provided for in Section 42-3-103, C.R.S. (d) It is an offense for any person: (1) To knowingly display, cause or permit to be displayed or to have in his or her possession any certificate of title registration number plate, knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered; (2) To lend to or knowingly permit the use by one not entitled thereto any certificate of title registration card or registration number plate issued to the person so lending or permitting the use thereof; (3) To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application; (4) To use or permit the use of any noncommercial or recreational vehicle to transport cargo or passengers for profit or hire or in any business or commercial enterprise. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 10.28.040 – Expired number plates/temporary permit. (a) It is an offense for any person to display license plates other than those of the registration period to which they pertain on any motor vehicle, trailer, semitrailer, or vehicle operated on any street or highway within the town.who owns, operates or is in control of any motor vehicle to fail to display license plates or a temporary registration permit other than those of the registration period to which they pertain. (b) Upon proof that the owner of the motor vehicle, trailer, semitrailer, or vehicle was expired for no more than four months at the time of violation and that the motor vehicle, trailer, semitrailer, or vehicle registration has been renewed prior to the owner’s first court date, the court may dismiss the citation if the owner pays a thirty-five dollar ($35.00) administrative dismissal fee to the municipal court. Chapter 10.32 – Driver Licenses Repealed. 10.32.010 – Driving without valid license. No person shall drive any motor vehicle unless such person has been issued a currently valid driver, minor driver or provisional driver license, or an instruction permit, unless such person is classified as being exempt from obtaining a license pursuant to Section 42-2-102, C.R.S. 10.32.020 – Resident more than thirty days. No person shall drive any motor vehicle without a valid Colorado driver license or instruction permit after thirty (30) days of becoming a resident of the State. 10.32.030 – License expired one year or less. No person shall drive any motor vehicle if such person's driver license has been expired for one (1) year or less and such person has not been issued another such license by the State or another state or country subsequent to such expiration. 10.32.040 – Proper class driver license required. No person who has been issued a currently valid driver license or instruction permit shall drive a type or general class of motor vehicle for which such person has not been issued the correct type or general class of license or permit. 10.32.050 – Valid license on person required. No person who has been issued a currently valid driver license or instruction permit shall Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 operate a motor vehicle without having such license or permit in such person's immediate possession. 10.32.060 – Mopeds. An operator of a moped shall possess a valid driver's license. Mopeds may be operated in bicycle lanes included within roadways. No moped may be operated on any sidewalk, pathway or upon any public lands unless such operation is specifically designated. 10.32.070 – Special restrictions. (a) No person under the age of eighteen (18) years shall drive any motor vehicle used to transport explosives or inflammable material or as a school bus for the transportation of pupils to or from school; nor shall any person under the age of eighteen (18) years drive a motor vehicle used as a commercial, private or common carrier of persons or property unless such person has experience in operating motor vehicles and has been examined on such person's qualifications in operating such vehicles. The examination shall include safety regulations of commodity hauling and the driver shall be licensed as a driver or provisional driver. (b) Notwithstanding the provisions of Subsection (a) above, no person under the age of twenty-one (21) years shall drive a commercial motor vehicle as defined in Section 42-2-402(4), C.R.S., except as provided in Section 42-2-404(4), C.R.S. 10.32.080 – Refusal to give license on demand. No person who operates a motor vehicle and has been issued a driver license or instruction permit or state identification card and who has the same in his or her immediate possession shall refuse to remove it from any billfold, purse, cover or other container and to hand it to any peace officer who has requested the person to do so if such peace officer reasonably suspects that such person is committing, has committed or was about to commit an offense. 10.32.090 – License restrictions. No person shall operate a motor vehicle in any manner which violates restrictions, limitations or conditions imposed in a driver license or instruction permit issued to the person by the State or another state or country. 10.32.100 – Notification of change of name or address. It is a violation of this Chapter to fail to notify the Colorado Department of Revenue of any change in name or address within ten (10) days of such change. 10.32.110 – Altered or fictitious license. (a) No person shall have in his or her possession a lawfully issued driver license, Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 instruction permit or identification card that has been altered by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter or any other means so that the same as altered falsely appears or purports to be an authentic and lawfully issued license, permit or identification card. (b) No person shall have in his or her possession a paper, document or other instrument which falsely appears or purports to be a lawfully issued and authentic driver license, instruction permit or identification card, knowing that the same was falsely made and was not lawfully issued. (c) No person shall knowingly display or represent as being such person's own any driver license, instruction permit or identification card which was issued to another person. (d) No person shall knowingly permit any unlawful use of a driver license, instruction permit or identification card. 10.32.120 – Permitting unlicensed person to drive. (a) No person shall knowingly permit any child under the age of eighteen (18) to drive a motor vehicle when such child has not been issued a currently valid driver license or instruction permit or knowingly permit a child under the age of eighteen (18) to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in a license or permit issued to such child. (b) No person shall knowingly authorize or permit a motor vehicle owned by such person or under such person's control to be driven by any person who has not been issued a currently valid driver license or instruction permit or knowingly permit such person to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in the same. 970-748-4088 predmond@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Paul Redmond, Chief Finance Officer RE: 2026 Supplemental Budget Amendment, Resolution 26-04 DATE: April 21, 2026 SUMMARY: Avon’s Home Rule Charter addresses in Chapter XII the supplemental appropriation process. The Town of Avon’s financial practice is to adopt a supplemental budget amendment to update the beginning fund balance estimates and generally recognize revisions to the budget that were not identified at the time the budget was originally adopted. These resolutions amend the General Fund, Community Housing Fund, Equipment Replacement Fund and Capital Projects Fund. FINANCIAL CONSIDERATIONS: Below is a summary of the proposed budget revisions and the estimated impacts to fund balances. General Fund: The General Fund is estimated to have a deficit from the 2025 Amended Budget because of a few one-time expenditures. Without the one-time capital expenditures of the public works garage ($2.7 million), employee housing unit in Wildridge ($800K) and 15 Sun Road ($1.46 million), the Town would have a surplus of $600,143. Sales tax was under budget, but building permits, plan check fees, recreation center admission fees and investment earning all exceeded expectations. The result is an ending fund balance in 2025 of $20,503,101, of which $12.3 million is unreserved and undesignated. A total expenditure increase of $86,490 is proposed to the General Fund to implement pending programs, respond to changing circumstances and include expenditures which were not identified and included during the 2026 Budget process last fall. The Town does not budget for large one-time building permit revenues every year since they are hard to predict. However, in 2026 the Town could potentially see four of these large building permits issued. The following are proposed revisions to expenditure appropriations in the General Fund: 1. Brightly Software Implementation: One-time implementation cost of $10,100 for Brightly software is due after the completion of the implementation. Additionally, $1,716 is requested for a tool which would allow Brightly to be connected to other Public Works software. 2. Recreation Van Replacement: Carryforward of funds from 2025 for the purchase of a new Recreation Department van. These $21,130 supplements the accumulated funds in the Equipment Replacement fund for the purchase. 3. Public Work Plow Truck Replacement: Supplement the purchase of a new Plow Truck for $27,000. The approved 2026 Equipment Replacement Fund Budget already includes $44,951 for this purchase. 4. Speed Camera Citation Online Hearings: Increase of $10,000 to hire a Judge to process and hear the online hearings from the speed camera citations. The funds will be paid for using the speed camera revenues. 5. Heat Recovery Chiller: Increase of $16,544 for the maintenance of the heat recovery chiller. The Services include quarterly maintenance and full cleaning and testing of the chiller tubes. 970-748-4088 predmond@avon.org The revised 2026 fund balance of the General Fund reports a total of $19,303,362. A 22% reserve is $6,715,097, the 3% TABOR emergency reserve is $915,695, and the remaining amount of $11,708,326 is undesignated and unreserved and can be used for any legal purpose. This is an increase of $2,111,046 in unreserved fund balances from the original 2026 budget. Capital Projects Fund: The changes to the Capital Project Fund are as follows: • Carried-forward of all unspent, active project budget from 2025 to 2026, totaling $8,073,118. • Increase of $33,470 for a heat recovery usage analysis. • Increase in expenditure of $36,027 to the Operating Transfer Out to the Community Housing Fund. The total Transfer Out is based off 10% of the Real Estate Transfer Tax from received in 2025 in the Capital Projects Fund. • Moved the Recreation Center Aquatics Refurbishment of $8,405,000 from 2026 due to the postponement of the project. The General Fund contribution for this project of $2,500,000 was also moved to 2027. The revised 2026 ending fund balance of the Capital Projects Fund shows a total of $5,699,098. Of this amount, $2,429,108 is reserved for URA projects. The remaining amount of $3,269,990 can be used for capital improvements as defined by the municipal code and up to 10% of real estate transfer tax revenues can be transferred to the Community Housing Fund. Staff have not revised our projections for real estate transfer taxes for 2026. We will continue to evaluate this revenue and make any recommended revisions later in the year. Community Housing Fund: The revisions to the Community Housing Fund are as follows: • Increase of $22,893 in Mi Casa Avon deed restriction program to carry over prior year unspent amounts. • Increase of $2,046,663 in unused capital projects to carry over prior year unspent amounts. This includes the Lot 5 Avondale Project, Sun Road Redevelopment, Regional Housing Authority planning project and other potential housing projects. • Increase in revenues of $36,027 to the Operating Transfer in from the Capital Projects Fund. The total Transfer In is based off 10% of the Real Estate Transfer Tax from received in 2025 in the Capital Projects Fund. The revised beginning fund balance of the Community Housing Fund shows a total of $3,3655,580 which is $2,296,186 higher than the original projected beginning fund balance for 2026. Revised projected fund balance for 2025 is $351,422. 970-748-4088 predmond@avon.org Equipment Replacement Fund: Revisions to the Equipment Replacement Fund include the following items: • Increase of $52,625 for the replacement of a fleet lift. This is a critical piece of shop infrastructure which impacts both safety and productivity. These funds include $27,205 carryforward from the 2025 budget and reallocating some funds from some obsolete equipment. The projected ending fund balance for 2026 is $6,764,555. PROPOSED MOTION: "I move to approve Resolution No. 26-04, A Resolution Amending the 2026 Town of Avon Budget." Thank you, Paul ATTACHMENTS: Attachment A Resolution No. 2026-04 Attachment B General Fund Supplemental Amendment No. 2 Attachment C Capital Projects Fund Supplemental Amendment No. 2 Attachment D Community Housing Fund Amendment No. 2 Attachment E Equipment Replacement Fund Amendment No. 2 Res. No. 26-04 April 21, 2026 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 26-04 A RESOLUTION TO AMEND THE 2026 TOWN OF AVON BUDGET WHEREAS, the Town Council of the Town of Avon has previously adopted the 2026 budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2026; and WHEREAS, the Town Council finds it necessary to amend the 2026 budget to more accurately reflect the revenues and expenditures for 2026; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditure, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2026: Original or Previously Amended 2026 Budget Current Proposed Amended 2026 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 19,345,817 29,323,418 31,886,677 $ 20,503,101 29,323,428 30,523,166 Ending Fund Balance $ 16,782,558 $ 19,303,362 Attachment A Res. No. 26-04 April 21, 2026 Page 2 of 2 Original or Previously Amended 2026 Budget Current Proposed Amended 2026 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 11,352,644 14,018,925 18,991,676 $ 6,379,893 $ 13,364,914 11,518,925 19,184,741 $ 5,699,098 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,359,394 2,280,412 2,601,041 $ 1,038,765 $ 3,655,580 2,316,439 5,620,597 $ 351,422 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 5,363,643 2,161,322 670,843 $ 5,527,034 2,161,322 473,801 Ending Fund Balance $ 6,854,122 $ 6,764,555 Section 2. That the budget, as submitted, amended, and herein above summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 28th April, 2026. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk Supplement #2 Unaudited Original Amended Difference Actual Budget Budget Increase 2025 2026 2026 (Decrease) REVENUES Taxes 21,201,653 21,657,039$ 21,657,039$ -$ Licenses and Permits 659,540 477,250 477,250 - Intergovernmental 1,586,328 1,481,843 1,481,843 - Charges for Services 2,265,671 2,338,636 2,338,636 - Fines and Forfeitures 90,000 187,200 187,200 - Investment Earnings 1,649,595 1,500,000 1,500,000 - Other Revenue 605,163 958,462 958,462 - Total Operating Revenues 28,057,950 28,600,430 28,600,430 - Other Sources Transfer-In From Capital Projects Fund & Equipment Rep 657,747 722,998 722,998 - Total Other Sources 657,747 722,998 722,998 - TOTAL REVENUES 28,715,697$ 29,323,428$ 29,323,428$ -$ EXPENDITURES General Government, HR and Finance 7,708,545$ 7,837,391$ 7,847,391$ 10,000 Community Development 1,039,494 1,041,680 1,041,680 - Public Safety 6,651,492 6,763,994 6,763,994 - Public Works 8,178,650 8,312,848 8,368,208 55,360 Recreation 3,037,373 3,428,262 3,449,392 21,130 Capital Expenditure from Unreserved Fund Balance 2,247,879 - 1,050,000 1,050,000 Total Operating Expenditures 28,863,433 27,384,174 28,520,664 1,136,490 Other Uses Transfers-Out to Debt Service - 502,502 502,502 - Transfers-Out to Mobility Fund 1,500,000 1,500,000 1,500,000 - Transfers-Out to Capital Projects Fund (Public Work Gar 2,690,000 2,500,000 - (2,500,000) Transfers-Out to Fleet Maintenance Fund - - - - Total Other Uses 4,190,000 4,502,502 2,002,502 (2,500,000) TOTAL EXPENDITURES 33,053,433 31,886,676 30,523,166 (1,363,510) NET SOURCE (USE) OF FUNDS (4,337,736) (2,563,248) (1,199,738) 1,363,510 FUND BALANCES, Beginning of Year 24,840,837 19,345,817 20,503,101 - FUND BALANCES, End of Year 20,503,101$ 16,782,569$ 19,303,362$ 1,363,510$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 910,903$ 866,525$ 915,695$ 49,170$ Unassigned: 22% Minimum Reserve Balance 7,271,755 6,354,518 6,715,097 360,578 Undesignated, Unreserved 12,320,443 9,561,525 11,672,571 2,111,046 TOTAL FUND BALANCES 20,503,101$ 16,782,569$ 19,303,362$ 2,520,794$ Fund Summary MUNICIPAL SERVICES General Fund #10 Attachment B Supplement #2 Unaudited Original Amended Difference Actual Budget Budget Increase Description 2025 2026 2026 (Decrease) Taxes: General Property Tax 2,914,948$ 3,165,318$ 3,165,318$ -$ General Property Tax - Delinquencies 14.96 500 500 - General Property Tax - Interest 3,909 1,900 1,900 - General Property Tax - Abatements -298.15 - - - Specific Ownership Tax 170,637 130,000 130,000 - Sales Tax 13,441,602 13,505,818 13,505,818 - Utility Tax 110,198 130,000 130,000 - Accommodation Tax 2,298,238 2,458,503 2,458,503 - Penalties and Interest 61,104 50,000 50,000 - Sales Tax Audit Assessments 50,180 50,000 50,000 - VAA Retail Sales Fee 1,161,875 1,100,000 1,100,000 - Cigarette Excise Tax 210,507 245,000 245,000 - Tobacco Add-on Sales Tax 325,442 360,000 360,000 - Franchise Fees 453,296 460,000 460,000 - Total Taxes 21,201,653 21,657,039 21,657,039 - Licenses and Permits: Liquor Licenses 6,520 7,500 7,500 - Business Licenses 271,545 200,000 200,000 - Contractor's Licenses 25,655 20,000 20,000 - Tobacco/Cigarette Licenses 3,250 1,750 1,750 - Booting/Towing Licenses 850 600 600 - Building Permits 349,675 225,000 225,000 - Road Cut Permits 250 20,000 20,000 - Mobile Vendor Cart Permits 1795 2,400 2400 - Total Licenses and Permits 659,540 477,250 477,250 - Intergovernmental: Federal Grants: Click It or Ticket 0 - 0 - Ballistic Vests Grant 2,363 2,000 2,000 - State Grants - LEAF Grant 0 12,500 12,500 - High Visibility Grant 30,237 25,000 25,000 - POST I70 Training Grants 8,667 45,000 45,000 - DOLA Grants 118,250 - 0 - Best & Brightest 33,499 Avon's Best and Brightest 0 25,000 25,000 - Other State Grants 202,074 100,000 100,000 - Local Government/Other Agency - Other Local Grants - - 0 - Revenue Detail MUNICIPAL SERVICES General Fund Supplement #2 Unaudited Original Amended Difference Actual Budget Budget Increase Description 2025 2026 2026 (Decrease) Revenue Detail MUNICIPAL SERVICES General Fund State/County Shared Revenue:- Conservation Trust 72,636 80,000 80,000 - Motor Vehicle Registration 24,755 26,000 26,000 - Highway User's Tax 226,229 236,158 236,158 - County Sales Tax 627,626 746,785 746,785 - Road & Bridge Fund 214,525 175,000 175,000 - State Severance Tax 215 2,400 2,400 - County Grants 16,763 Retail Delivery Fee 8,489 6,000 6,000 - Total Intergovernmental 1,586,328 1,481,843 1,481,843 - Charges for Services: General Government: Photocopying Charges - - 0 - License Hearing Fees - - 0 - Other Fees and Charges 1,004 2,500 2,500 - Credit Card and Paper Filing Fees 3,705 2,500 2,500 - Community Development: Plan Check Fees 160,444 150,000 150,000 - Design Review Fees 16,075 170,000 170,000 - Animal Control Fees 0 - 0 - Fire Impact Fee Administration Fees 4,828 2,500 2,500 - Public Safety: Police Reports 399 1,000 1,000 - Police Extra Duty 38,270 40,000 40,000 - Fingerprinting Fees 1305 750 750 - VIN Inspection Fees 7,487 2,000 2,000 - False Alarm Fees/Misc Police Dept Fees 0 75 75 - DUI Reimbursement 13,464 15,000 15,000 - Avon Recreation Center: Admission Fees 1,431,571 1,350,000 1,350,000 - Program Fees 30,304 30,000 30,000 - Facility Rentals 25,300 22,000 22,000 - Merchandise Sales 8,419 9,000 9,000 - Other Recreation Services 9,040 8,800 8,800 - Fitness Program Revenues 46,489 42,000 42,000 - Swim Team Revenue 58,080 52,800 52,800 - Private Lessons 11,510 20,000 20,000 - Avon Rec CTR Gift Cards 544 500 500 - Supplement #2 Unaudited Original Amended Difference Actual Budget Budget Increase Description 2025 2026 2026 (Decrease) Revenue Detail MUNICIPAL SERVICES General Fund General Recreation: Adult Program Revenues 49,590 34,000 34,000 - Cabin Equipment Rentals 41,886 35,000 35,000 - Athletic Field Rentals 1290 240 240 - Cabin Concessions 71 500 500 - Youth Program Revenues 195,495 200,000 200,000 - Special Events: Consession Sales 73,096 94,131 94,131 - Sponsorships 13,250 10,000 10,000 - Event Fees 22,755 36,200 36,200 - Special Event Admission Fees - 500 500 - Pavillion Rentals - 6,640 6640 - Total Charges for Services 2,265,671 2,338,636 2,338,636 - Fines and Forfeitures: Court Fines - Traffic 55,975 158,000 158,000 - Court Fines - Criminal 22,525 20,000 20,000 - Court Fines - Parking 2,285 3,000 3,000 - Court Costs 5,025 3,000 3,000 - Jury Fees 0 100 100 - Bond Forfeitures 0 100 100 - Police Training Surcharge 4,190 3,000 3,000 - Total Fines and Forfeitures 90,000 187,200 187,200 - Interest Earnings 1,645,688 1,500,000 1,500,000 Unrealized Gain (Loss) on Investments 3,907 - - Investment Earnings:1,649,595 1,500,000 1,500,000 - Other Revenues: Recreational Amenity Fees 343,592 345,000 345,000 - Lease of Town-Owned Property 105,798 414,462 414,462 - Restituion and Insurance Reimbursemnet 6,557 20,000 20,000 - Parking Revenue 28,848 12,000 12,000 - Miscellaneous Reimbursemnets 24,022 30,000 30,000 - Miscellaneous Nonclassified Revenues 53,511 137,000 137,000 - Total Other Revenues 605,163 958,462 958,462 - TOTAL REVENUES 28,057,950$ 28,600,430$ 28,600,430$ -$ Supplement #2 Unaudited Original Amended Difference Actual Budget Budget Increase Description 2025 2026 2026 (Decrease) General Government: Mayor and Town Council 341,931$ 275,997$ 275,997$ -$ Town Attorney 304,497 272,020 272,020 - Town Clerk 191,283 200,033 200,033 - Municipal Court 207,120 200,617 210,617 10,000 Administrative Services 1,035,611 999,090 999,090 - Community Relations 342,881 369,560 369,560 - Economic Development 219,340 394,232 394,232 - Special Events 1,376,445 1,390,007 1,390,007 - Community Grants 107,750 108,000 108,000 - Sustainability 237,447 216,162 216,162 - Subtotal General Government 4,364,304 4,425,718 4,435,718 10,000 Human Resources: Human Resources 703,816 806,984 806,984 - Finance and Information Technology: Finance 1,257,119 1,212,330 1,212,330 - Information Systems 831,794 860,588 860,588 - Nondepartmental 551,512 531,771 1,581,771 1,050,000 Subtotal Finance and IT 2,640,425 2,604,689 3,654,689 1,050,000 Total General Government, HR and Finance 7,708,545 7,837,391 8,897,391 1,060,000 Community Development: Planning and Zoning Commission 15,891 16,400 16,400 - Planning 675,759 674,531 674,531 - Building Inspection 347,844 350,749 350,749 - Total Community Development 1,039,494 1,041,680 1,041,680 - .... Police Department: Administration 1,144,258 1,281,833 1,281,833 - Patrol 4,570,920 4,769,038 4,769,038 - Investigations 637,916 407,044 407,044 - Code Enforcement 298,398 306,079 306,079 - Total Police Department 6,651,492 6,763,994 6,763,994 - Department Expenditure Summaries MUNICIPAL SERVICES General Fund Supplement #2 Unaudited Original Amended Difference Actual Budget Budget Increase Description 2025 2026 2026 (Decrease) Department Expenditure Summaries MUNICIPAL SERVICES General Fund Public Operations: Administration 365,040 410,482 422,298 11,816 Engineering 774,994 889,192 889,192 - Roads and Bridges 3,872,446 3,893,818 3,920,818 27,000 Parks 855,028 885,824 885,824 - Buildings and Facilities 2,311,142 2,233,532 2,250,076 16,544 Total Public Works Department 8,178,650 8,312,848 8,368,208 55,360 Recreation Department: Administration 340,944 341,780 362,910 21,130 Adult Programs 69,459 114,111 114,111 - Aquatics 1,045,262 1,154,516 1,154,516 - Fitness 313,775 331,110 331,110 - Guest Services 722,363 810,682 810,682 - Youth Programs 301,942 352,657 352,657 - Communtiy Swim Program 243,628 323,405 323,405 - Total Recreation 3,037,373 3,428,262 3,449,392 21,130 TOTAL OPERATING EXPENDITURES 26,615,554$ 27,384,174$ 28,520,664$ 1,136,490$ Supplement #1 Unaudited Original Amended Difference Actual Budget Budget Increase 2025 2026 2026 (Decrease) REVENUES Taxes 5,360,265$ 5,000,000$ 5,000,000$ -$ Intergovernmental 937,304 4,319,258 4,319,258 - Investment Earnings 488,203 200,000 200,000 - Other Revenue 5,580 - - - Total Operating Revenues 6,791,352 9,519,258 9,519,258 - Other Sources: Operating Transfers-In 5,226,000 4,499,667 1,999,667 2,500,000 Total Other Sources 5,226,000 4,499,667 1,999,667 2,500,000 TOTAL REVENUES 12,017,352 14,018,925 11,518,925 2,500,000 EXPENDITURES Capital Improvements: Facilities 3,316,400 8,668,500 2,407,323 (6,261,177) Parks and Open Space 3,966,994 330,000 2,733,178 2,403,178 Streets and Parking 4,259,460 2,136,701 5,347,779 3,211,078 Drainage 3,746 275,000 450,000 175,000 Utility Projects 730,228 - 553,959 553,959 Total Capital Improvements 12,276,828 11,410,201 11,492,239 82,038 Other Uses Operating Transfers-Out 3,169,289 7,656,475 7,692,502 36,027 Total Other Uses 3,169,289 7,656,475 7,692,502 36,027 TOTAL EXPENDITURES 15,446,117 19,066,676 19,184,741 118,065 NET SOURCE (USE) OF FUNDS (3,428,765) 2,052,312 (7,665,816) 2,381,935 FUND BALANCE, Beginning of Year 16,925,081 4,677,231 13,496,316 8,819,085 FUND BALANCE, End of Year 13,496,316$ 6,729,543$ 5,830,500$ (899,043)$ Fund Balances Restricted For: Asphalt Overlay 423,144$ -$ -$ -$ Assigned For: Tract G/URA Projects 844,108 2,676,040 2,429,108 - Unassigned: Unreserved 12,229,064 3,628,863 3,269,990 (358,873) Total Fund Balances 13,496,316$ 6,729,543$ 5,699,098$ (358,873)$ Fund Summary MUNICIPAL SERVICES Capital Projects Fund #41 Attachment C CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Original Revised Unaudited Budget Budget 2025 2026 2026 2027 2028 2029 2030 REVENUES Real Estate Transfer Tax: Base Level 5,360,265$ 5,000,000$ 5,000,000$ 5,150,000$ 5,304,500$ 5,463,635$ 5,627,544$ Lot 3 Development (79 Units)- - - - 1,050,000 1,715,000 - McGrady Acres (12 Units under construction)- - - 600,000 - - - Penalties and Interest - - - - - - - Interest Earnings 356,801 200,000 200,000 200,000 150,000 150,000 150,000 Intergovernmental: Federal/State/County: Colorado Water Conservation Board - - - - - - - Colorado Recycling Center Grant 112,384 - - - - - - DOLA Grant (East Park Restrooms)213,668 - - - - - - CDOT Transit Grant 2024 Bus - 2,799,956 2,799,956 - - - - CDOT Transit Grant 2025/6 Bus Charging Equipment - 384,000 384,000 - - - - CDOT Transit Grant for Fleet Lifts (Washbay)- -- - - - - CDOT Transit Grant for Fleet Lifts (Main)- 240,000 240,000 - - - - CEO Grant - DCFC Plaza Grant (LM - $319,900)- -- 560,000 - - - GOCO Grant (Eaglebend Playground)- -- - - - - Eagle County Contribution (Hwy 6 Roundabout)334,691 - - - - - - CDOT Off-System Bridge Grant - 895,302 895,302 - - - - CDOT Highway Safety Improvement Grant (Avon Rd - RRFB)276,561 - - - - - - Eagle County Contribution Lot 5 Recycling Center - - - - - - - Colorado Parks and Wildlife Grant - - - - - - - Other Revenues: Local Bank Financing Recreation Center - - - - 4,200,000 - - Community Contributions - - - - - - - Nonclassified 5,580 - - - - - - Total Operating Revenues 6,659,950 9,519,258 9,519,258 6,510,000 10,704,500 7,328,635 5,777,544 Other Sources: Transfers In - General Fund - Parks Garage 2,690,000 - - - - - - - Recreation Center Acquatics - 2,500,000 - 2,500,000 - - - Transfers In - Avon URA -Tract G Projects 1,750,000 1,750,000 1,750,000 1,800,000 1,750,000 1,750,000 1,750,000 - Lot 3 TIF Revenues (est 111 unit condo building)- - - - 41,279 82,588 82,588 Transfers In - Community Enhancement Fund Projected CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Original Revised Unaudited Budget Budget 2025 2026 2026 2027 2028 2029 2030 Projected - Powerline Undergrounding/LED Rec Center 361,000 - - - - - - Transfers In - Water Fund - Nottingham-Puder Ditch - - - - 100,000 - - Transfers In - Equipment Replacement Fund - Snow Plows 425,000 - - 450,000 - - - McGrady Acres Park Cash-in-Lieu Payment - 249,667 249,667 - - - - Total Other Sources 5,226,000 4,499,667 1,999,667 4,750,000 1,891,279 1,832,588 1,832,588 Total Revenues and Sources of Funds 11,885,950$ 14,018,925$ 11,518,925$ 11,260,000$ 12,595,779$ 9,161,223$ 7,610,132$ EXPENDITURES Capital Improvements: Facilities 3,316,400 8,668,500 2,407,323 8,815,000 800,000 4,400,000 - Parks and Open Space 3,966,994 330,000 2,733,178 - 6,750,000 2,750,000 - Streets and Parking 4,259,460 2,136,701 5,347,779 3,680,000 40,000 340,000 1,553,973 Drainage 3,746 275,000 450,000 - - - 1,425,000 Utility Projects 730,228 - 553,959 - - - - Total Expenditures 12,276,828 11,410,201 11,492,239 12,495,000 7,590,000 7,490,000 2,978,973 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Benefits 657,747 722,988 722,988 751,908 781,984 813,264 845,794 Transfers Out - Community Housing Fund: - Mi Casa Program 781,961 500,000 536,027 515,000 530,450 546,364 562,754 Transfers Out - Debt Service Fund: - 2014B COPS (Street Improvements)320,637 317,304 317,304 318,820 320,033 319,393 - - 2016 COPS (Public Safety Bldg.)449,325 445,625 445,625 444,125 445,925 442,125 442,925.00 - 2020 Refunding COPs 190,794 190,341 190,341 191,139 191,900 191,624 191,324.00 - Local Bank Financing 960,000 960,000.00 Transfers Out - Mobility Fund: - Diesel Buses (2)200,000 970,000 970,000 - - - - - Electric Buses (2)- 3,071,306 3,071,306 - - - - Electric Bus Charging Equipment 480,000 480,000 Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)193,825 195,611 195,611 196,348 196,048 195,723 195,374 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Original Revised Unaudited Budget Budget 2025 2026 2026 2027 2028 2029 2030 Projected - 80/20 Match on Grant for Lifts 240,000 - - - - - - - 80/20 Match on Grant for Lifts (Main)300,000 300,000 Transfers Out - Equipment Replacement Fund: - Ballot Box 2,500 2,500 - Drain Snake 10,800 10,800 - Police Dept. Take-home Vehciles and Equipment - - - - - - - - Dump Truck/Road Widener/Roller - - - - - - - - External Vest Ballistic Plates 40,000 - - - - - - - Digital Signs on Railroad Tracks 37,000 - - - - - - - Heavy Duty Dump Trailer 20,000 - - - - - - - Diesel Light Towers (2)38,000 - - - - - - - Armored Rescue Vehicle - - - - - - - - Snow Plow - 450,000 450,000 450,000 450,000 - - Total Other Uses 3,169,289 7,656,475 7,692,502 2,867,340 2,916,340 3,468,493 3,198,171 Total Expenditures and Uses of Funds 15,446,117 19,066,676 19,184,741 15,362,340 10,506,340 10,958,493 6,177,144 Net Source (Use) of Funds (3,560,167) (5,047,751) (7,665,816) (4,102,340) 2,089,439 (1,797,270) 1,432,988 Fund Balance, Beginning of Year 16,925,081 17,050,547 13,364,914 5,699,098 1,596,758 3,686,197 1,888,927 Fund Balance, End of Year 13,364,914$ 12,002,796$ 5,699,098$ 1,596,758$ 3,686,197$ 1,888,927$ 3,321,915$ Fund Balances Restricted For: Asphalt Overlay 423,144$ 423,144$ -$ -$ -$ -$ -$ Assigned For: Tract G/URA Projects 844,108 2,429,108 2,429,108 172,272 422,272 272,272 2,022,272 Unassigned:. Unreserved 12,097,662 9,150,544 3,269,990 1,424,486 3,263,925 1,616,655 1,299,643 Total Fund Balances 13,364,914$ 12,002,796$ 5,699,098$ 1,596,758$ 3,686,197$ 1,888,927$ 3,321,915$ (1)(2)(3)(4)(1+2+4) Revised 2024 and Original Amended Estimated Difference Account Prior Actual Budget Budget #1 Project-to-Date Remaining Expenditures Increase Number Description Actuals 2025 2026 2026 Expenditures Less Current Year Budget Current Proposed (Decrease)Project Status CAPITAL IMPROVEMENT PROJECTS Facilities: Avon Regional Transit Facilities: 14024 ARTF - BAS / HVAC PM -$ -$ -$ 312,000$ 312,000$ -$ 312,000$ 312,000$ -$ In Progress 14026 ARTF - Bus Wash Exit 25,709 - - - 25,709 - 125,000.00 125,000.00 - Completed - 2025 14025 ARTF - HVAC Separation 18,087 282,772 - 300,859 - 170,000.00 170,000.00 - Completed - 2025 14033 Upgrading ARTF meeting room 13,500 13,500 13,500 - 13,500.00 13,500.00 - In Progress 14034 ARTF roof repairs 50,000 50,000 50,000 - 50,000.00 50,000.00 - In Progress 14035 ARTF Bus Wash Replumbing 15,000 15,000 15,000 - 15,000.00 15,000.00 - In Progress 19015 Heat exchangers/pumps for heat recovery system 100,000 100,000 100,000 - 100,000.00 100,000.00 - In Progress 70001 Sun Road Development Match 40,000 40,000 40,000 - 40,000.00 40,000.00 - In Progress Public Works Garage - 13014 Public Works Garage (Planning, Design, Mgt)361,618 314,085 - - 675,702 (75,702) 600,000.00 600,000.00 In Progress 13015 Public Works Garage (Construction)1,909,500 2,304,028 - - 4,213,528 150,510 4,364,038.00 4,364,038.00 In Progress Recreation Center 15050 Rec Center Office Area Expansion 61,373 - - 61,373 - 75,000.00 75,000.00 Completed - 2025 15052 Rec Center Surveillance Camera Replacements 22,901 28,190 - 8,909 60,000 0 60,000.00 60,000.00 In Progress 15040 Rec Center Roof Repairs - 10,000 10,000 - 10,000.00 10,000.00 In Progress 15048 Rec Center Painting 20,045 - -20,045 - 20,000.00 20,000.00 - Completed - 2025 15038 Rec Center Building Key Card Access 3,702 25,915 - 33,033 62,650 0 62,650.00 62,650.00 - In Progress 15049 Fitness Area Floor Replacement - 110,000 110,000 - 110,000.00 110,000.00 - In Progress 15051 Rec Center Break Room Remodel 24,000 - -24,000 - 15,000.00 15,000.00 - Completed - 2025 15054 Avon Rec center Hot Water Holding Tank replacement 45,000 45,000 45,000 - 45,000.00 45,000.00 - In Progress 15056 Upgrade Cardio machines for Cable Service 15,000 15,000 15,000 - 15,000.00 15,000.00 - In Progress 15053 Rec Center Aquatics 73,000 8,405,000 - 73,000 8,332,000 8,405,000 8,405,000 - In Progress Fleet Builidng 14020 Fleet Maintenance - HVAC / AC 10,900 9,500 - - 20,400 - 25,000.00 25,000.00 - Completed - 2025 14027 Fleet Compressor System 33,808 - - - 33,808 - 40,000.00 40,000.00 - Completed - 2025 14031 Wash Bay Lift - - - 320,000.00 320,000.00 - Completed - 2025 14028 Fleet Vehicle Lift 300,000 300,000 300,000.00 300,000.00 In Progress 14010 Fleet Maintenance EPDM Roof Replacement - 460,000 460,000 - 460,000.00 460,000.00 - In Progress 14030 Fleet Heating Replacement 36,400 - 363,600 400,000 - 400,000.00 400,000.00 - In Progress Facility Office Shop 13016 Bldg 351 - Rehab 13,717 - - 13,717 - 150,000.00 150,000.00 - Completed - 2025 NEW ARTF Office Renovation 136,283 136,283 136,283.00 136,283.00 In Progress Town Hall 11029 Building Access Control 31,104 - - 31,104 - 82,650.00 82,650.00 - Completed - 2025 11034 Council AV Improvemnts 73,990 69,766 - 143,756 - 125,000.00 125,000.00 - Completed - 2025 11036 Town Hall attic ventilation and fire alarm system installation 30,000 30,000 30,000 - 30,000.00 30,000.00 - In Progress Public Safety Facility 12008 PD Cooling Tower Chemical loop pump 6,700 - - 6,700 - 12,000.00 12,000.00 - Completed - 2025 12009 EV Charging Station at PD 73,620 16,233 - 89,853 - 100,000.00 100,000.00 - Completed - 2025 31043 Tract A DC Fast Chargers 350,000 350,000 - 350,000.00 350,000.00 - In Progress 21071 Pavilion emergency back up 15,000 15,000 15,000 - 15,000.00 15,000.00 - In Progress Parks and Open Space HAN Nottingham Park 11025 H.A. Nottingham Park East Improvements**612,992 2,754,890 1,558,670 4,926,552 0 4,926,552.00 4,926,552.00 - In Progress 21064 Park Water Fountain Replacement*3,188 36,723 58,089 98,000 - 98,000.00 98,000.00 - In Progress 21070 Special Events Meridian Barriers 66,983 31,773 98,756 - 96,983.00 96,983.00 - Completed - 2025 15044 Art Pedestal Repairs and Solar Light Install 13,140 - 13,140 - 75,000.00 75,000.00 - Completed - 2025 15046 HAN Pavilion - Remove Rust and Paint 20,000 20,000 - 20,000.00 20,000.00 - In Progress 21058 HAN Park North Restrooms 59,754 - 59,754 0 59,754.00 59,754.00 - In Progress O'Neal Spur Park 21057 O'Neal Spur Park Parking Lot Rebuild*100,000 100,000 100,000 - 100,000.00 100,000.00 - In Progress 21027 O'Neal Spur Park Improvements Design 20,000 20,000 20,000 - 20,000.00 20,000.00 - In Progress Traer Creek Parks 34049 Traer Creek Apt - P1 250,000 250,000 - 250,000.00 250,000.00 - In Progress Eaglbend Park 21066 Eaglebend Park Improvements*67,239 684,742 138,019 890,000 (0) 890,000.00 890,000.00 - In Progress CIP Projects Inventory Project Expenditures Total Project Budget Capital Projects Fund #41 2026 Supplemental Amendment #2 (1)(2)(3)(4)(1+2+4) Revised 2024 and Original Amended Estimated Difference Account Prior Actual Budget Budget #1 Project-to-Date Remaining Expenditures Increase Number Description Actuals 2025 2026 2026 Expenditures Less Current Year Budget Current Proposed (Decrease)Project Status CAPITAL IMPROVEMENT PROJECTS CIP Projects Inventory Project Expenditures Total Project Budget Capital Projects Fund #41 2026 Supplemental Amendment #2 Irrigation Repairs 31033 Post Blvd Irrigation Repair 83,238 59,481 142,719 - 150,000.00 150,000.00 - Completed - 2025 21065 Irrigation System and Landscape Design*- 80,000 80,000 - 80,000.00 80,000.00 In Progress 21068 H.A.N. Irrigation System Construction - - 1,500,000 1,500,000.00 1,500,000.00 - In Progress Trails 34048 West Avon Preserve Trail Repair 35,000 35,000 - 35,000.00 35,000.00 - In Progress 34045 Recreation Trail Reconstruction 39,952 39,952 - 40,000.00 40,000.00 - Completed - 2025 Saddleridge Park 21063 Saddle ridge Park Refresh 100,000 100,000 100,000 - 100,000.00 100,000.00 - In Progress Pedestiran Mall 31044 Pedestrian Mall Extension Design 30,308 306,292 - 263,400 600,000 (0) 600,000.00 600,000.00 - In Progress Misc 15055 Relocate Nottingham Historic Shed 50,000 50,000 50,000 - 50,000.00 50,000.00 - In Progress 21054 Wildland Fire Mitigation 40,000 40,000 40,000 40,000 120,000 - 120,000.00 120,000.00 - Ongoing 31053 Post Blbd Irrigation and Boulders 20,000 20,000 20,000 - 20,000.00 20,000.00 - In Progress Streets and Parking Safety Improvments 32030 Avon Road Crossings (RRFB-2025)190,101 630,840 381,216 1,202,157 0 1,202,157.00 1,202,157.00 - In Progress 32039 US Hwy 6 Safety and Mobility Improvements Project*311,492 3,220,479 2,568,029 6,100,000 (0) 6,100,000.00 6,100,000.00 - In Progress 34042 Benchmark Rd Crosswalks (2)35,900 - 35,900 - 35,900.00 35,900.00 - Completed - 2025 32046 WBCB River Bridge Deck Repair & Railing Upgrade*53,849 28,603 522,000 1,036,677 1,119,129 (1) 1,119,128.00 1,119,128.00 - In Progress 32045 Old Trail Road Asphalt Overlay*789,701 - - - 789,701.00 789,701.00 - Completed - 2025 31034 I-70 Off-ramp Streetlight Repair 50,000 50,000 - 50,000.00 50,000.00 - In Progress 12010 Mobile VMS Sign for Code Enforcement 14,312 - 14,312 - 20,000.00 20,000.00 - Completed - 2025 14032 East Beaver Creek Blvd Childcare Bus Stop 33,174 116,826 150,000 - 150,000.00 150,000.00 - In Progress Asphalt Overlay 31045 Post Blvd. Asphalt Overlay 11,760 111,151 - 250,000 372,911 2,377,089 2,750,000.00 2,750,000.00 - In Progress 31052 Lake Street / Riverfront Asphalt Overlay 75,000 75,000 75,000 850,000 925,000.00 925,000.00 - In Progress 32044 Swift Gulch Road - East Asphalt overlay 624,038 30,677 654,715 18,759 673,474.00 673,474.00 - In Progress 15025 Metcalf Cabin Relocation 20,000 20,000 - 20,000.00 20,000.00 - In Progress Roundabouts 32050 RAB1 & 2 Avon Rd Concrete and Landscaping Redesign 300,000 300,000 300,000 30,000 330,000 330,000 - In Progress Retaining walls 32035 Metcalf Road - Retaining Wall Stabilization*6,494 73,507 80,001 (1) 80,000 80,000 - In Progress 32049 RAB5 Post Blvd Bridge Wall Repair 13,476 86,524 100,000 (0) 100,000 100,000 - In Progress 31035 Town Wide Retaining Wall Structures Analysis 19,406 200,000 100,000 119,406 160,594 280,000 280,000 - In Progress Guardrails 33220 Annual Guard Rail Repiars 40,000 80,000 80,000 - 80,000 80,000 - Completed 33222 Seal coats all Town parking lots 110,000 110,000 110,000 - 110,000 110,000 - In Progress 31032 Village at Avon Railing (white)35,000 35,000 35,000 - 35,000 35,000 - In Progress 14036 Brick work at Avon Station 65,000 65,000 65,000 - 65,000 65,000 - In Progress - In Progress (1)(2)(3)(4)(1+2+4) Revised 2024 and Original Amended Estimated Difference Account Prior Actual Budget Budget #1 Project-to-Date Remaining Expenditures Increase Number Description Actuals 2025 2026 2026 Expenditures Less Current Year Budget Current Proposed (Decrease)Project Status CAPITAL IMPROVEMENT PROJECTS CIP Projects Inventory Project Expenditures Total Project Budget Capital Projects Fund #41 2026 Supplemental Amendment #2 Drainage 61015 Nottingham Rd Basin 4 Erosion Control 387,350 3,746 391,095 - 400,000 400,000 Completed - 2025 61017 Nottingham Reservoir Repairs - 200,000 300,000 300,000 - 300,000 300,000 - In Progress 61016 Puder Ditch Headgate Repair (Design & Const)75,000 150,000 150,000 1,425,000 1,575,000 1,575,000 - In Progress Utilities 19011 Recycling Center Upgrade*278,268 142,114 - - 420,382 - 437,215 437,215 - Completed - 2025 NEW Heat Recovery Analysis - - - 33,470 33,470 - 33,470 33,470 In Progress 91053 Ballistic Vests 34,279 - 34,279 - 40,000 40,000 Completed - 2025 21055 Power Line Undergrounding* (part East Park)10,144 504,969 - - 515,113 - 481,972 481,972 - Completed - 2025 81023 IT Upgrades Recreation and Fleet 40,275 19,725 60,000 - 60,000 60,000 - Complete 61018 Upgrade Nottingham Puder Ditch Pump Station 5,763 294,238 300,001 (1) 300,000 300,000 - In Progress 81021 Nottingham Park Wi-Fi Access**19,119 2,828 - 128,053 150,000 - 150,000 150,000 - In Progress 81011 Broadband (Connection to Thor and Avon PD)**46,528 - 78,473 125,001 (1) 125,000 125,000 - In Progress Total Capital Improvement Projects 5,430,185$ 12,162,306$ 11,470,201$ 11,492,241$ 29,084,732$ 14,768,246$ 45,202,427$ 45,202,427$ -$ Supplement #1 Unaudited Original Amended Difference Actual Budget Budget Increase 2025 2026 2026 (Decrease) REVENUES Taxes: Short-term Rental Tax 1,041,531$ 1,013,112$ 1,013,112$ -$ Use Tax on Construction Materials 414,706 400,000 400,000 - Intergovernmental: State Grants 143,668 - - - Other Local Grants -220,000 220,000 Charges for Services: Rental Revenues - Employees 91,500 138,300 138,300 - Other Revenue: Bond Issuance Fees 15,788 9,000 9,000 - Total Operating Revenues 1,707,193 1,780,412 1,780,412 - Other Sources Operating Transfers-In 781,961 500,000 536,027 36,027 Total Other Sources 781,961 500,000 536,027 36,027 TOTAL REVENUES 2,489,154 2,280,412 2,316,439 36,027 EXPENDITURES General Government: Community Housing Capital Projects: Planning and Consulting - - - - Facilities 354,396 -2,996,663 2,996,663 Mi Casa Deed Restriction Program 1,662,435 1,750,000 1,772,893 22,893 MEHOP 250,000 625,000 625,000 - Grant Consulting -24,000 24,000 R&M Rental Town Owned Units 35,769 20,000 20,000 - Personnel Expenses 131,461 145,291 145,291 - Other Professional Services -4,000 4,000 - Professional Development 1,943 2,750 2,750 - Community Housing Operating Expenditures 12,709 30,000 30,000 - TOTAL EXPENDITURES 2,448,714 2,601,041 5,620,597 3,019,556 NET SOURCE (USE) OF FUNDS 40,441 (320,629) (3,304,158) (2,983,529) FUND BALANCES, Beginning of Year 3,615,139 1,359,394 3,655,580 2,296,186 FUND BALANCES, End of Year 3,655,580$ 1,038,765$ 351,422$ (687,343)$ Fund Summary Community Housing Fund #25 Supplemental Amendment #2 Attachment D Total 2024 and Project Prior Yr.Unaudited Project #Community Housing Projects Budget Actuals 2025 Planning and Consulting: 10001 Swift Gulch 359,056$ 358,982$ -$ 10002 East Parcels 160,000 30,034 - 10003 General Housing Inventory 50,000 42,470 - 10004 Lot 5 Employee Housing - Design 1,694,944 257,894 31,835 10005 Eagle County Regional Housing Action Plan 224,000 152,205 58,694 10006 Potential Housing Projects (wildwood annex/slopeside)200,000 6,749 - 10007 Slopeside 50,000 - 116,300 10010 State Land Board Housing Developmnet 30,000 - - 10008 Multi Jurisdictional Housing Authory 200,000 - 59,423 10009 Sun Road Redevelopmnet 220,000 - 42,347 NEW East Avon Preserve 75,000 - - NEW Wildridge Annex 75,000 - - Facilities: NEW Town Owned Community Housing - - - Total Community Housing Projects 3,338,000$ 848,334$ 308,599$ Project Carryforwards East Parcels 129,966 Lot 5 Employee Housing - Design 1,405,215 Potential Housing Projects (wildwood annex/slopeside)193,251 Multi Jurisdictional Housing Authory 140,578 Sun Road Redevelopmnet 177,653 Total Carryforward for Projects 2,046,663 Current Final Estimated Original Revised Revised Project Cost Proposed Budget Budget Budget To-Date Budget Amend 2026 2026 2026 2026 2026 2027 2028 -$ -$ -$ 358,982$ -$ -$ -$ - - - 30,034 129,966 - - - - - 42,470 - - - - - - 289,729 1,405,215 - - - - - 210,899 - - - - - - 6,749 193,251 - - - - - 116,300 - - - - - - - - - - - - - 59,423 140,578 - - - - 42,347 177,653 - - - - - - - - - - - - -$ -$ -$ 1,156,933$ 2,046,662$ -$ -$ Projec Supplement #1 Unaudited Original Amended Difference Actual Budget Budget Increase 2025 2026 2026 (Decrease) REVENUES Charges for Services: Equipment Replacement Charges 1,448,022$ 1,448,022$ 1,448,022$ -$ Interest Earnings 155,581 120,000 120,000 - Other Revenue: Insurance Claim Reimbursements - - - - Total Operating Revenues 1,603,603 1,568,022 1,568,022 - Other Sources Transfers-In from Capital Projects Fund 135,000 473,300 473,300 - Sales of Fixed Assets 65,869 120,000 120,000 - Total Other Sources 200,869 593,300 593,300 - TOTAL REVENUES 1,804,472 2,161,322 2,161,322 - EXPENDITURES Capital Outlay: Fleet and Heavy Equipment 1,105,378 222,269 222,269 - Recreation Center Equipment 50,352 46,538 46,538 - Computer and Office Equipment 81,158 47,754 47,754 - Machinery and Equipment 92,962 104,615 157,240 52,625 Heat Recovery - - - - Total Operating Expenditures 1,329,850 421,176 473,801 52,625 Other Uses: Transfer-Out to Capital Projects Fund 425,000 450,000 450,000 - TOTAL EXPENDITURES 1,754,850 871,176 923,801 52,625 NET SOURCE (USE) OF FUNDS 49,622 1,290,146 1,237,521 (52,625) FUND BALANCES, Beginning of Year 5,477,412 4,638,268 5,527,034 888,766 FUND BALANCES, End of Year 5,527,034$ 5,928,414$ 6,764,555$ 836,141$ Fund Summary MUNICIPAL SERVICES Equipment Replacement Internal Service Fund #63 Attachment E TOWN OF AVON DETAILED BUDGET REQUESTS 2026 Approved Budget Department:N/A Program:Machinery and Equipment #814 2026 Account Approved Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment Variable Message Signs 10084 Variable Message Signs 10084 Variable Message Signs 10084 SandPro Tiller 22926 ProGator 2030A 42379 Power Steering Machine 2369 Brake Service Machine 4664 Oil Filter Crusher 2025 104,615$ -$ 66499 Other Machinery and Equipment 104,615 66000 Total Capital Outlay 104,615$ TOWN OF AVON DETAILED BUDGET REQUESTS 2026 Proposed Amended Budget Department:N/A Program:Machinery and Equipment #814 2026 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment Variable Message Signs 10,084.00 Variable Message Signs 10,084.00 Variable Message Signs 10,084.00 SandPro Tiller 22,926.00 ProGator 2030A 42,379.00 Power Steering Machine 2,369.00 Brake Service Machine 4,664.00 Oil Filter Crusher 2,025.00 AMENDED Fleet Lift 52,625.00 157,240$ -$ 66499 Other Machinery and Equipment 157,240 66000 Total Capital Outlay 157,240$ 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: Resolution 26-06 Buffalo Ridge I Exterior Refurbishment DATE: April 23, 2026 SUMMARY: This report presents to Council Resolution 26-06 Approval of Financing for Buffalo Ridge I Exterior Refurbishments. The cost of the exterior refurbishments requires financing and the Town of Avon is required to provide written consent for any new financing executed by Buffalo Ridge I. The exterior refurbishments include replacing the roofing, siding, windows, exterior doors and balcony decking. The total budget for exterior refurbishment is $6,951,782 (see Attachment B). NOTE: Council is only requested to read this Report, Attachment A – Resolution 26-06 and Attachment B – Sources of Funds. The remaining attachments are provided as background information for your convenience. BACKGROUND: The Buffalo Ridge I apartment project in the Village (at Avon) is proceeding with a major exterior refurbishment project. Buffalo Ridge I has 68 apartments and Buffalo Ridge II has 176 apartments. Buffalo Ridge I and II are in separate ownerships. Buffalo Ridge I was financed as a 63-20 corporation that qualified for tax exempt bond financing and required a local government sponsor. The Town of Avon is the local government sponsor, as well as the local government project sponsor for Eagle Bend and Kayak Crossing, which were all built in the mid-90’s to early 2000’s with slightly over 400 total apartments. These apartments rent at or slightly below the 80% AMI level and have a near 100% occupancy rate due to the affordable rents, quality conditions, and convenient location. Each of these projects is owned by a non- profit corporation formed specifically for the purpose of owning these projects and is governed by a Board of Directors that includes Gerry Flynn, Jeffery Spaniel, Craig Ferraro, Chris Romer, and Avon Town Manager Eric Heil (me). Each of these projects contract with Polar Star Properties for property management. Polar Star Properties is owned by Gerry Flynn. Polar Star Properties owns and operates other rental properties in Eagle County. Avon has similar Project Agreements with Kayak Crossing and Eagle Bend. Avon Council previously approved a refinancing for Buffalo Ridge I in 2013, a refinancing and major refurbishment of Eagle Bend in 2017 and a refinancing and major refurbishment of Kayak Crossing in 2022. AVAILABLE FUNDS: Buffalo Ridge I recently received a pay-off of a loan dating back to 2005 in the amount $2.1M, which was part of Traer Creek Metropolitan District bond financing issued last fall in 2025. The proposed sources of funds include cash on hand, the replacement reserve fund, rental revenue cash flow from March through December, and a loan from Eagle Bend Affordable Housing Corporation in the maximum amount of $4,200,000, for a total of $7,342,000. This covers the $6,951,782 estimated projects costs and leaves a working capital balance of $392,000 (see Attachment C). PROJECT AGREEMENT: Town of Avon is a party to a Project Agreement which provides a number of terms, including the Town of Avon’s right to review and approve any new financing on Buffalo Ridge I (see Attachment D, Section 4. Subordinate Surplus Cash Notes, paragraph 3. “. . . upon receiving prior written consent from . . . the Town . . . the Corporation may issue one or more subordinate surplus cash flow notes, . . .). Avon’s written consent is required in order for Buffalo Ridge Affordable Housing Corporation to accept $4,200,000 in loan financing from Eagle Bend Affordable Housing Corporation. Page 2 of 2 EAGLE BEND LOAN: Eagle Bend apartment project is financially very stable, generates a positive cash each year and has an approximately $5.7M cash reserve. This has allowed Eagle Bend to provide low interest cash flow loans, including a loan provided several years ago to assist Kayak Crossing with a refurbishment project. The proposed loan is for a maximum of $4.2M at 2% interest with a “cash flow” repayment term, meaning that repayment is based on the cash flow ability of Buffalo Ridge I to make payments (see Attachment E for the form of Surplus Cash Note). NOTE: The proposed loan amount to Buffalo Ridge I is $4M at this time. FINANCIAL IMPACTS: There are no direct financial impacts to Avon. Avon has the right to acquire Buffalo Ridge I at any time that it offers to pay-off outstanding debt in full. The financing increases outstanding debt that would be required to be paid-off in order to exercise Avon’s right to acquire ownership of the property, but also extends the life of the project by another 20 years with regard to exterior conditions. This situation demonstrates the financial strength and resiliency of a “portfolio” of affordable rental housing projects, where one project that is financially secure with positive cash flow can provide a low interest loan with no costs or fees to support another project. LEGAL REVIEW: The Town Attorney’s office has reviewed the form of the Surplus Cash Note. VILLAGE DESIGN REVIEW BOARD: The exterior refurbishment proposes to use the same roofing, siding and other exterior materials such that there will be no visible changes to the exterior. The only proposed material change is to replace the wooden decking on balconies and patios with a partially recycled composite decking material with increased durability and reduced maintenance requirements. The proposed exterior refurbishment project is under review by the Village Design Review Board, which is primarily an administrative review to verify that there are no changes to the exterior materials. RECOMMENDATION: I recommend approving Resolution 26-06 to approve the financing for the Buffalo Ridge I Exterior Refurbishment Project. PROPOSED MOTION: “I move to approve Resolution 26-06 Approval of Financing for Buffalo Ridge I Exterior Refurbishments.” Thank you, Eric ATTACHMENT A: Resolution 26-06 ATTACHMENT B: Refurbishment Cost Estimate ATTACHMENT C: Sources and Uses of Funds for Refurbishment ATTACHMENT D: Project Agreement for Buffalo Ridge Affordable Housing Corporation ATTACHMENT E: Form of Surplus Cash Note RESOLUTION 26-06 APPROVAL OF FINANCING FOR BUFFALO RIDGE I EXTERIOR REFURBISHMENT PROJECT WHEREAS, Buffalo Ridge I apartment project was constructed in 2002, is owned by the Buffalo Ridge Affordable Housing Corporation (“BRAHC”) and has 68 apartment units that generally rent at or below 80% Area Median Income; and WHEREAS, Buffalo Ridge I is in need of comprehensive exterior refurbishment that will substantially extend the operating life of this affordable housing apartment with an estimated cost of $7,000,000; and WHEREAS, Buffalo Ridge I has approximately $3,000,000 in available capital and requires approximately $4,000,000 in financing to proceed with the comprehensive exterior refurbishment; and WHEREAS, BRAHC and the Town of Avon entered into the Amended and Restated Buffalo Ridge Affordable Housing Project – Project Agreement on August 1, 2013, which states under Section 4 that additional subordinate surplus cash flow notes are subject to written consent by the Town of Avon; and WHEREAS, Buffalo Ridge I has proposed financing in the form of a Surplus Cash Note from Eagle Bend Affordable Housing Corporation in the maximum amount not to exceed $4,200,000; and WHEREAS, the Town of Avon desires to provide written consent to the proposed financing from Eagle Bend Affordable Housing Corporation to facilitate the completion of the exterior refurbishment project; and, WHEREAS, the Avon Town Council finds that the completion of the exterior refurbishments will extend the useful life of the Buffalo Ridge I affordable housing apartment project and will thereby promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE AVON TOWN COUNCIL that the Town of Avon hereby provides written consent to Buffalo Ridge Affordable Housing Corporation to finance exterior refurbishments in a principal amount not to exceed $4,200,000, with an interest rate not to exceed 2%, in the form of a Surplus Cash Loan with Eagle Bend Affordable Housing Corporation as the lender. ADOPTED by the AVON TOWN COUNCIL on April 28, 2026 By: Attest:___________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A - RESOLUTION 26-06 Buffalo Ridge Improvement Projects IME Project Number: 22-0042 Date: April 13, 2026 Soft Costs Item Description Complete Facelift 0 General 0.1 Architectural Services $85,000 0.2 Structural Engineering $15,000 0.3 Civil Engineering 0.4 Review & Permitting $125,000 0.5 Builders Risk Insurance (Not required) 0.6 Construction Administration/Field Observation $125,000 0.7 $62,000 Subtotal:$412,000 Construction Item Description Complete Facelift 1.0 General Conditions Subtotal $487,967 2.0 Site Work Existing Tree Removal $15,000 Regrading Work Around Building (Allowance)$40,500 Cobble bands around buildings $0 Subtotal $55,500 6.0 Framing Demo Existing Siding, Trim $183,011 Horizontal Hardie Siding Labor $437,954 Horizontal Hardie Siding Materials $235,822 Vertical Siding Labor $117,000 Vertical Siding Materials $63,000 Column FC Panel Siding Labor $124,800 Column FC Panel Siding Materials $48,000 Attic Vent Labor $9,000 Attic Vent Materials $12,000 FC 5/4x4" Materials $4,680 FC 5/4x6" Materials $76,560 FC 5/4x8" Materials $960 FC 5/4x12" Materials $11,040 FC Trim Labor $63,070 Roof Fascia Replacement $114,800 PFM Flashings Material $20,400 PFM Flashings Labor $17,000 Fortress Railings at Decks Labor $101,400 Project & Finance Management Building Construction (Patriacca) Page 1 of 3 ATTACHMENT B - COST ESTIMATE Buffalo Ridge Improvement Projects IME Project Number: 22-0042 Date: April 13, 2026 Soft Costs Item Description Complete Facelift Fortress Railings at Decks Materials $140,400 Deck Over-Framing Allowance (with FRT Materials)$134,400 Infill Framing Between Timbers Allowance $134,400 Exterior FR Composite Decking Labor $149,760 Exterior FR Composite Deck Materials $187,200 Subtotal $2,386,657 7.0 Moisture Protection Grade Flashing $32,400 Weather Barrier $156,866 Joint Sealants $32,000 Subtotal $221,266 8.0 Doors & Windows (includes blind replacement) Demo of Existing Windows and Doors (OH-15 SS-32 L-8 W-84)$117,900 Pella Impervia series Windows $369,600 Full Lite Steel Swing Doors $192,000 Overhead Doors $240,000 Exterior Stair Door Hardware $9,600 Installation of New Windows $134,400 Installation of New Swing Doors $57,600 Window Installation Materials $11,760 Demo & Replace Window Treatments (1" vinyl blinds)$162,400 Subtotal $1,295,260 9.0 Finishes Interior Trim of New Windows & Doors $81,200 Interior Paint Touch Up at Windows and Doors $18,560 Exterior Caulking of Siding $64,933 Interior Protection $22,400 Final Unit Cleaning $19,200 Subtotal $206,293 23.0 Mechanical Boiler Flue Terminations $7,200 Exhaust Fan Terminations $14,000 Vent Fan Replacement $0 Subtotal $21,200 26.0 Electrical Electrical Demo / Safe Off $20,000 Installation of Exterior Electrical Fixtures $12,000 Supply Exterior Light Fixtures $18,000 Subtotal $50,000 27.0 Miscellaneous Weather Conditions Allowance $10,000 Landscape / Irrigation / Site Restoration Allowance $50,000 Page 2 of 3 ATTACHMENT B - COST ESTIMATE Buffalo Ridge Improvement Projects IME Project Number: 22-0042 Date: April 13, 2026 Soft Costs Item Description Complete Facelift Allowance for Repair of Rotten/Damaged sheathing & insulation $90,000 Trash Enclosures Allowance $25,000 Building Signage Allowance $20,000 Subtotal $195,000 General Contractor Contingency & Fee $491,914 Contractor General Liability Insurance $64,933 Subtotal Building Construction $5,475,990 Roofs (The Roofing Company) Building 1 $178,304 Building 1 dumpster $6,513 Building 2 $178,304 Building 6 $178,304 Building 6 dumpster $6,513 Building 7 $178,304 Building 7 dumpster $6,513 Subtotal Roofs $732,755 COST SUMMARY TOTAL SOFT COSTS ESTIMATED SUBTOTAL $412,000 TOTAL HARD COSTS ESTIMATED SUBTOTAL $6,208,745 5% PROJECT CONSTRUCTION CONTINGENCY $331,037 TOTAL ESTIMATED OVERALL PROJECT TOTAL:$6,951,782 **Disclaimer: This Engineer’s estimate is for preliminary budgetary purposes and is NOT a guarantee of the actual costs for design or construction. Estimates are based on provided Contractor bids and current information available at this time. Actual quantities and costs may change once the project elements are finalized or negotiated. Unit prices may vary due to construction market volatility, unforeseen conditions, and time of construction. Page 3 of 3 ATTACHMENT B - COST ESTIMATE Sources:Cash on Hand 4/13/2025 2,709,000$ Replacement Reserve 233,000$ Proposed New Funding (EBA)4,000,000$ 2026 Cash Flow ( March to Dec)400,000$ Total Souces 7,342,000$ Uses:Project Costs - Complete Facelift 6,950,000$ Remaining Working Capital 392,000$ Total Uses 7,342,000$ Cash Balances:Depository 3/20/2026 2,279,000$ Checking 3/20/2026 50,000$ Colotrust 3/20/2026 2,371,000$ PFA Escrow 3/20/2026 162,000$ Repl TReserve 3/20/2026 310,000$ Total Cash 5,172,000$ Receivables to be collected in 2026 KCA Insurance Loan 301,600$ KCA Interest 220,000$ BRA Interest 26,000$ 547,600$ Total Cash and Current Receivables 5,719,600$ New Loan to BRA 4,000,000$ Cash Balance after Loan to BRA 1,719,600$ Buffalo Ridge Facelift 2026 Sources and Uses BRA EBA ATTACHMENT C - SOURCE OF FUNDS After Recording Return To: Downs Law Finn LLC 2300 15th Street, Suite 325 Denver, CO 80202 Attn : Chris Downs Eagle County, CO 20131761 ~ rr ( 2 ) Teak J Simonton 08128/2013 Pgs: 15 03:13 :28 PM REC: $81.00 DOC: $0.00 AMENDED AND RESTATED BUFFALO RIDGE AFFORDABLE HOUSING PROJECT PROJECT AGREEMENT THIS AMENDED AND REST A TED PROJECT AGREEMENT (the "Agreement") is made as of August_}___, 2013, by and among BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation (together with any successor corporation, the "Corporation"), the TOWN OF A VON, COLORADO (the "Town"), and CBRE HMF, INC. (together with its successors and assigns as holder of the indebtedness evidenced by the New Mortgage Loan (as defined herein), the "Mortgage Loan Lender"). RECITALS: A. WHEREAS, the Corporation was organized under the Colorado Revised Nonprofit Corporations Act to acquire property in order to provide affordable housing facilities for the benefit and on behalf of the Town and its inhabitants; and B. WHEREAS, the Corporation is the owner of a residential housing project known as "Buffalo Ridge I Apartments," located within the boundaries of the Town on the property described in Exhibit A attached hereto, and further identified as FHA Project No. 101-35723 (formerly FHA Project No. 101-35548-NP) (the "Project"). The Project provides dwelling accommodations at rentals within the means of individuals or families of low or moderate income, as detennined by the Board of Directors of the Corporation from time to time; and C. WHEREAS, the acquisition and construction of the Project was initially funded in part from issuance of Buffalo Ridge Affordable Housing Corporation Multifamily Housing Project Revenue Bonds (GNMA Mortgage -Backed Securities Program -Buffalo Ridge I Apartments Project), Series 2002 (the "Bonds"), issued pursuant to a Trust Indenture (the "Indenture"), dated May 1, 2002, between the Corporation and Wells Fargo, N.A., formerly known as Wells Fargo Bank West, National Association, as Trustee (the "Trustee"), as amended by that certain First Supplemental Indenture dated March 8, 2011 (the "Supplemental Indenture"); and D. WHEREAS, in connection with the issuance of the Bonds, the Corporation and ~ the Town entered into that certain Buffalo Ridge Affordable Housing Project -Project $ Agreement, dated May 1, 2002 (the "Original Project Agreement"), recorded May 30, 2002 in h the Clerk and Recorder's Office of Eagle County, Colorado at Reception No. 797052, which was ;;1 subsequently amended by that certain First Amendment to Buffalo Ridge Affordable Housing '2 Project-Project Agreement (the "First Amendment") dated March 8, 2011, recorded April 1, 0 2011 i~ ~e Clerk and Recorder's Office of Eagle County, Colorado at Reception No. 201106224 r-, .. ~ .. , :,rl ' .. .. , 1 ATTACHMENT D - PROJECT AGREEMENT (the Original Project Agreement and First Amendment shall be referred to collectively herein as the "Project Agreement''); and E. WHEREAS, as of the date of this Agreement, the Bonds have been redeemed in whole and are no longer Outstanding; and F. WHEREAS, the Corporation previously obtained mortgage loan financing from AMI Capital pursuant to a Deed of Trust Note and Deed of Trust for the use of AMI Capital in the amount of $10,315,400.00, dated May 1, 2002, and recorded May 30, 2002 as Reception No. 797050, currently held by Midland Holdings (the "Midland Loan"); and G . WHEREAS, the Midland Loan has not been retired; and H. WHEREAS, the Corporation proposes to refinance and pay in full the Midland Loan, to pay off certain other existing indebtedness, and to finance certain costs of issuance and closing costs, with a new HUD-insured mortgage loan for the Project from the Mortgage Loan Lender, to be secured by a Multifamily Deed of Trust, Assignment of Leases and Rents and Security Instrument (the "Security Instrument"), dated as of August 1, 2013, and recorded in the Clerk and Recorder's Office of Eagle County, Colorado, on August~ 2013, as Reception No . :10t3l,l,ol, , and insured by HUD under Section 221(d)(4) pursuant to Section 223(a)(7) of the National Housing Act (the "New Mortgage Loan"); and 20 13176 1 7 I. WHEREAS, HUD requires the covenants tenns and conditions ofthis Agreement to be subordinated to the lien, covenants and enforcement of the Security Instrument and the HUD Regulatory Agreement for Multifamily Projects incorporated into said Security Instrument, and the Town has agreed to subordinate the Agreement to the lien of the Security Instrument and Regulatory Agreement in accordance with the terms of this Agreement; and J. WHEREAS, the parties have found it necessary and desirable to amend the Project Agreement as set forth herein; and K . All capitalized terms used herein, unless otherwise defined herein, shall have the meanings ascribed thereto in Mortgage Loan Documents as hereinafter defined. TERMS For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the Corporation, on behalf of themselves and their respective successors and assigns, agree as follows : Section 1. Project Operation. The Corporation hereby covenants and agrees to operate the Project at standards required to provide decent, safe, and sanitary housing facilities at reasonable rental rates, in a sound and economical manner. In leasing units of the Project, the Corporation shall give priority to natural persons meeting the requirements of "Qualified Renters" as hereinafter defined, and may allow a mark-up in re ntal rates charged to subtenants by master lessees to permit the recovery of actual administrative costs. Nothing herein or in any resolutions ofthe Town shall be interpreted to require the Town to undertake responsibility for operation, maintenance or repair of the Project. 2 ATTACHMENT D - PROJECT AGREEMENT "Qualified Renter" means a natural person or persons meeting certain qualifications established by the Corporation from time to time, needing to occupy dwelling acconunodations in the Project at such rentals within such persons' financial reach that enable such persons to live in safe and sanitary or uncongested dwelling acconunodations and otherwise consistent with the public purposes of the Housing Authorities Law, CRS §§ 29-4-201 et seq., executing a rental agreement with the Corporation obligating such natural person or persons to occupy a dwelling accommodation included in the Project as their sole place of residence and under which such natural person or persons represent that he or she shall not sublease all or any part of such dwelling accommodation or engage in any other business activity on or in such dwelling accommodation; provided that by resolution of the Corporation, units in the Project may be rented to other than natural persons, including employers in the Town, under such terms and conditions as are substantially equivalent to those in leases to natural persons who are members of the general public, in which the corporate or other entity covenants to sublet such unit or units only to natural persons who meet the current qualifications established by the Corporation. The Corporation previously obtained a Phase I Environmental Inspection Report prepared by Waste Engineering, Inc. (the "Phase I Report") and, to the best of the Corporation•s knowledge based on such Phase I Report, there are, with respect to the land on which the Project is located (the "Land"), no violations of any Environmental Requirements as defined below. The Corporation has and shall comply with all Environmental Requirements in connection with the operation and use of the Project. No Regulated Chemicals as defined below have been or will be discharged from the Project, directly or indirectly, except as authorized by any applicable govenunentallaws. The Corporation hereby agrees to pay, defend, indemnify and save the Town, the members of the City Council, its mayor, officers, attorneys, employees, agents, accountants and staff, and the Trustee (collectively, the "Indemnified Persons") harmless from and against all past, present or future liabilities, losses, damages, costs, expenses (including attorneys' fees), causes of action (whether in contract, tort or otherwise), suits, claims, demands and judgments of every kind, character and nature whatsoever arising out of or related to the Corporation's construction, equipping, renovation, improving and installation of the Project and during such period as the Corporation shall utilize the Project (collectively referred to herein as the "Liabilities"), including, without limitation, (1) Environmental Damages; (2) any injury to or death of any person or damage to property in or upon the Project or growing out of or connected with the use, nonuse, condition or occupancy of the Project or any part thereof; or (3) violation by the Corporation of any law, ordinance or regulation affecting the Project or any part thereof or the utilization, occupancy or use thereof. The provisions of this paragraph shall not be available to any Indemnified Person who personally causes or contributes to any such Liabilities by reason of his or her own gross negligence or willful misconduct. "Environmental Damages" means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, privileges, costs and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good-faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, reasonable attorneys' fees and expert consultants' fees and disbursements, any of which are incurred at any time as a result of the existence of Regulated Chemicals upon, about, beneath or migrating, or 201317617 3 ATTACHMENT D - PROJECT AGREEMENT threatening to migrate, onto or from the Project or the Land, or the existence of a violation of Environmental Requirements pertaining to the Project or the Land, regardless of whether or not such Environmental Damages were caused by or within the control of the Corporation. "Environmental Requirements" means all applicable federal, state, regional or local laws, statutes, rules, regulations or ordinances concerning public health, safety or the environment, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U .S .C . § 9601 et seq., the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended by the Solid and Hazardous Waste Amendments of 1984, 42 U.S .C. § 9601 et seq., the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 U .S.C. § 1251 et seq., the Toxic Substances Control Act of 176, 15 U .S.C. § 2601 et seq., the Emergency Planning and Community Right-To-Know Act of 1986,42 U.S .C . § 11001 et seq., the Clean Air Act of 1966, as amended, 42 U.S.C. § 7401 et seq., the National Environmental Policy Act of 1975, 42 U .S .C. § 4321, the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq., the Endangered Species Act of 1973, as amended, 16 U.S.C. § 1531 et seq., the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. § 651 et seq., the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. § 300(f) et seq., and all rules, regulations, policies and guidance documents promulgated or published thereunder and any state, regional, county or local statute, law, rule, regulation or ordinance relating to public health, safety or the environment, including, without limitation, those relating to: (a) releases, discharges, emissions or disposals to air, water, land or groundwater; (b) the withdrawal or use of groundwater; (c) the use, handling or disposal of polychlorinated biphenyls ("PCB"), asbestos or urea formaldehyde; (d) the transportation, treatment, storage, disposal, release or management of hazardous substances or materials (including, without limitation, petroleum, its derivatives, by-products or other hydrocarbons), and any other solid, liquid or gaseous substance, exposure to which is prohibited, limited or regulated or may or could pose a hazard to the health and safety of the occupants of the Project or any property adjacent to or surrounding the Project; (e) the exposure of persons to toxic, hazardous or other controlled, prohibited or regulated substances; and (f) any Regulated Chemical. "Regulated Chemicals" means any substance the presence of which requires investigation, permitting, control or remediation under any federal, state or local statute, regulation, ordinance or order, including, without limitation: 201317617 4 ATTACHMENT D - PROJECT AGREEMENT (a) any substance defined as "hazardous waste" under the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.); (b) any substance defined as "hazardous waste" under the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.); (c) any substance defined as a "hazardous material" under the Hazardous Materials Transportation Act (49 U.S.C. § 1800 et seq.); (d) any substance defined under any Colorado statute analogous to (a), (b) or (c), to the extent that said statute defines any term more expansively; (e) (f) (g) (h) (i) State; and asbestos; urea formaldehyde; PCBs; petroleum, or any distillate or fraction thereof; any hazardous or toxic substance designated pursuant to the laws of the {j) any other chemical, material or substance exposure to which is prohibited, limited or regulated by any governmental authority. Notwithstanding anything to the contrary in the foregoing, during such period of time as the New Mortgage Loan is insured or held by the Secretary of HUD (the "Secretazy") or his successors and assigns, no real or personal property of the Corporation, including the Project, and all rents thereof, shall be encumbered, used or disposed of as a source of funds for indemnification set forth in this Section 1. Said indemnifications, if any, may be made by the Corporation solely from the proceeds of liability insurance policies and/or Surplus Cash of the Project, as such Surplus Cash is defmed in the HUD Regulatory Agreement. 201317617 Section 2. Town Benefit and 63-20 Covenants. The Corporation covenants and agrees that all activities of the Corporation shall be undertaken for the benefit of the Town. Upon the occurrence of certain events as provided herein, the Town shall be entitled to acquire the Project without cost. In addition, the Corporation represents that it has not breached any of its covenants or representations given in connection Bonds or otherwise with respect to the 63- 20 requirements related thereto ("63-20 Requirements"), and will continue to comply with such 63-20 Requirements, even if the documents to which they are made are terminated, to the extent necessary to ensure that no adverse tax consequence occurs with respect to the tax-exempt status of interest paid on the Bonds, and will not take any action which may negatively affect such status. 5 ATTACHMENT D - PROJECT AGREEMENT 201317617 Section 3. Town's Ri1bts. (a) In furtherance of this Project Agreement, the Town is hereby granted the right to obtain, at any time, fee title and exclusive possession of all of the Project fmanced by the Bonds, which as of the date hereof have been fully redeemed and discharged, the New Mortgage Loan, and the Subordinate Notes, free from liens and encumbrances created by the Corporation (but subject to encumbrances approved by the Town which would not violate any 63-20 requirements ("Permitted Encumbrances")), and any additions to such property, once the New Mortgage Loan and Subordinate Notes have been paid off in full, subject to any prepayment provisions set forth in the Mortgage Loan Documents. In connection therewith, the Corporation agrees to pay off the New Mortgage Loan and Subordinate Notes in full upon the request ofthe Town if the Town makes funds available to the Corporation for such purpose, subject to any prepayment provisions set forth in the Mortgage Loan Documents. (b) The Town, at any time prior to payment in full of the New Mortgage Loan and the Subordinate Notes as described in subsection (a) above, shall not agree or otherwise be obligated to convey any interest in the Project to any person (including the United States of America or it agencies or instrumentalities) for any period extending beyond or beginning after the New Mortgage Loan and Subordinate Notes have been paid in full. (c) The Town shall not agree or otherwise be obligated to convey a fee interest in the Project to any person who was a user thereof (or a related person) before payment in full of the New Mortgage Loan and Subordinate Notes for a period of ninety (90) days after payment in full of such obligations. (d) The Corporation shall provide in each agreement it enters into in connection with the leasing and management of the Project that such agreement shall terminate in the event that the Town exercises its purchase option right hereunder; provided however that with respect to leases to natural persons entered into in the ordinary course of business for a period of 12 months or less, such termination shall not take effect unless the Town determines to use such Project for other than residential housing. If the Town exercises its option under subsection (a) hereof, the Corporation shall immediately cancel all encumbrances on such property, including all leases and management agreements (subject to Permitted Encumbrances as aforesaid); provided, however, that the Corporation shall not be required to cancel leases to natural persons entered into in the ordinary course of business for a period of not greater than 12 months unless the Town has determined to use the Project for other than residential housing. Any lease, management contract, or similar encumbrance on such property will be considered immediately canceled if the lessee, management company, or other user vacates such property within a reasonable time, not to exceed 90 days, after the date the Town exercises its rights under subsection (a) above. (e) In addition to the foregoing, if the Mortgage Loan Lender declares the principal of the New Mortgage Loan indebtedness to be due and payable and any action is commenced under the Mortgage Loan Documents which could lead to the sale or other 6 ATTACHMENT D - PROJECT AGREEMENT 201317617 disposition of the property pledged thereunder or there is a payment default on the New Mortgage Loan giving the Mortgage Loan Lender a right to foreclose on the New Mortgage Loan, the Town is hereby granted an exclusive option to purchase all such property (including the Project) for the amount of the New Mortgage Loan and Subordinate Notes and accrued interest to the date of default, together with any prepayment penalties and other fees accrued in connection with a default of the New Mortgage Loan. The Corporation shall provide notice to the Town of the commencement of any such action within 10 days of the occurrence thereof. The Town shall have not less than 90 days from the date it is notified by the Corporation, the Mortgage Loan Lender, or HUD, of such action in which to exercise the option (which shall be exercised by giving written notice of such exercise to the Corporation, the holders of the New Mortgage Loan indebtedness and Subordinate Notes) and not less than 90 days from the date it exercises such option to purchase the property. The Mortgage Loan Lender shall be required to take any action necessary, including submission of requests for continuance of foreclosure to the Public Trustee of Eagle County, Colorado, in order to ensure that the foreclosure sale does not occur prior to the expiration of the period referred to herein to exercise such option and purchase the property. Other than the foregoing requirement, the provisions of this Section 3 are not intended and shall not be interpreted so as to limit the holder of the New Mortgage Loan indebtedness rights to pursue their remedies under the Mortgage Loan Documents and the Mortgage Loan Lender's right to process a HUD mortgage loan insurance claim. (f) Unencumbered fee title (subject to certain Permitted Encumbrances approved by the Town as aforesaid) to the Project and any additions thereto and exclusive possession and use thereof will vest in the Town without demand or further action on its part when the New Mortgage Loan and Subordinate Notes, if any, are paid in full and discharged. All leases, management contracts and similar encumbrances on the Project shall terminate upon payment and discharge of said obligations, except as otherwise provided in this Agreement. Encumbrances that do not significantly interfere with the enjoyment of such property, such as most easements granted to utility companies or such other encumbrances as may be agreed to by the Town are not considered encumbrances for purposes of this Section. (g) The Corporation shall promptly notify the Town in writing of any default under the Mortgage Loan Documents or under the Subordinate Notes, and the Town shall have all rights with respect to curing defaults, application of insurance proceeds, or paying off the such obligations as may be deemed required by bond counsel to ensure that the Corporation is in compliance with Rev. Rul. 63-20, including the provisions of Rev. Proc. 82-26, such rights being subject to the HUD requirements set forth in the Mortgage Loan Documents. In connection therewith, the Town shall have the option to cure any default under the Mortgage Loan Documents within 90 days after receipt of notice thereof; provided that the New Mortgage Loan may still be declared due and payable prior to the expiration of such 90 day period, but such declaration shall be immediately annulled in the event the Town cures the default within the 90-day period. Amounts advanced by the Town as a result of the exercise of this option to cure monetary defaults hereunder and reasonable, 7 ATTACHMENT D - PROJECT AGREEMENT direct expenses of the Town advanced to cure non-monetary defaults hereunder shall be deemed to be indebtedness of the Corporation to the Town to be evidenced by a surplus cash note in a form approved by HUD. In order to allow for the exercise of the rights of the Town under this Section, (i) the Corporation hereby agrees that it will immediately notify the Town in writing of any failure by the Corporation to make a payment, when due, under the Mortgage Loan Documents or any other default thereunder (which notice may be given by the Mortgage Loan Lender on the Corporation's behalf to the extent that the Mortgage Loan Lender elects to do so); and (ii) the Mortgage Loan Lender agrees not to take action to foreclose on the New Mortgage Loan (except for delivery of required written notices to HUD), and will not assign the New Mortgage (except to HUD in connection with a claim for insurance proceeds), prior to 90 days after such notice has been made to the Town. Notwithstanding the foregoing, the Mortgage Loan Lender maintains all rights it has pursuant to the Mortgage Loan Documents to preserve its rights with HUD under the Contract of Insurance evidenced by HUD's endorsement of the Note as defined in the Security Instrument (the "Mortgage Note"). (h) No assignment or transfer of the title to the Project shall be made by the Corporation unless the Town consents or approves to such assignment or transfer. (i) The Corporation agrees with the Town that it will not consent to any amendments to the Mortgage Loan Documents or the Subordinate Notes without the Town's prior review and consent. Section 4. Subordinate Sumlus Cash Notes. The Corporation has previously incurred the following debt obligations (together with interest thereon as applicable, hereinafter the "Pre- Existing Debt Obligations"): (i) Deferred development fees owed to Corum Real Estate Group, Inc. with principal and interest outstanding thereon, as of July 31, 2013, in the principal amount of$757,518, and (ii) amounts owed to Corum Real Estate Group, Inc. relating to a letter of credit draw with principal amount thereof, as of July 31, 2013, in the principal amount of $69,000, maturing December 31,2043. At the time of the New Mortgage Loan closing, the Corporation shall have received a new Surplus Cash loan advance from Eaglebend Affordable Housing Corporation in the amount of $221,500 (the "Eagle bend Surplus Cash Note"), the proceeds of which shall retire in part the Pre-Existing Debt Obligations, resulting in a single Surplus Cash debt of $605,018 in favor of Corum Real Estate Group, Inc. (the "Corum Surplus Cash Note"). In addition, upon receiving prior written consent from HUD and the Town and a no adverse effect on tax-exemption opinion from bond counsel, the Corporation may issue one or more subordinate surplus cash flow notes, which notes, subject to the rights of the Town set forth in such notes to refund or defease such notes, shall be payable solely from "Surplus Cash" as such term is defmed, and in accordance with the conditions prescribed, in that certain Regulatory Agreement for Multifamily Housing Projects between the maker and U.S. Department of Housing and Urban Development dated August L 2013 , as amended, restated and/or supplemented from time to time, or sources other than project income or assets (collectively, 8 201317617 ATTACHMENT D - PROJECT AGREEMENT together with the Eaglebend Surplus Cash Note and Corum Surplus Cash Note, the "Subordinate Surplus Cash Notes"). Unless bond counsel delivers an opinion that interest on a Subordinate Surplus Cash Note is excludable from gross income for federal income tax purposes, no such opinion shall be deemed inferred. 201317617 Section S. Default Rights. In the event that the New Mortgage Loan is foreclosed, either through public trustee's sale or judicial foreclosure, or in the event that HUD takes an assignment of the New Mortgage Loan following a declaration of default and completion of a mortgagee insurance claim, then upon expiration of all cure and redemption periods provided for under this Agreement or by statute, (i) this Agreement shall terminate and be of no further force or effect; (ii) neither the Town nor the Corporation shall have any right, title or interest in and to the Project arising out of this Agreement; (iii) any provisions of this Agreement permitting the Town to acquire title to the Project, including, without limitation, the provisions of Section 3, shall be void and of no force or effect; and (iv) the purchaser of title to the Project shall take title free and clear of this Agreement. Section 6. Consolidation or Merger. The Corporation hereby covenants and agrees that during the term of this Agreement it will maintain its corporate existence, will continue to be a nonprofit corporation duly qualified to do business in the State of Colorado, will not merge or consolidate with any person unless it first obtains the written consent of the Town. Section 7. Prohibition on Transfer. The Corporation hereby covenants and agrees that during the term of this Agreement it shall not sell, transfer, assign or lease (other than leases in the _ordinary course of business for a period not greater than 12 months) all or any portion of the Project without the prior written consent of the Town. Section 8. Performance of Covenants. The Corporation hereby agrees to execute, acknowledge and deliver such documents as are reasonably requested by the Town to evidence transfer of ownership of the Project from the Corporation to the Town pursuant to and in furtherance of the terms of this Agreement and to execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered such instruments, and transfers as the Town may reasonably require for the better assuring, transferring, pledging and hypothecating unto the Town all its rights and benefits hereunder. Section 9. Superseding Provisi ons Related to Mortgage Loan Documents . (a) In the event of any conflict between any provision contained elsewhere in this Agreement and any provision contained in this Section 9 entitled "Superseding Provisions Related to Mortgage Loan Documents," the provision contained in this Section 9 shall govern and be controlling in all respects. (b) The following terms shall have the following definitions: (i) "HUD" means the United States Department of Housing and Urban Development. 9 ATTACHMENT D - PROJECT AGREEMENT 201317617 (ii) "HUD Regulatory Agreement" means the Regulatory Agreement between the Corporation and HUD with respect to the Project, as the same may be supplemented, amended or modified from time to time. (iii) [reserved]. (iv) [reserved]. (v) "Mortgage Loan Documents" means the Security Instrument, the HUD Regulatory Agreement, the Mortgage Note and all other documents required by HUD or Mortgage Loan Lender in connection with the New Mortgage Loan. (vi) ''National Housing Act" means the National Housing Act of 1934, as amended. (vii) "Program Obligations" has the meaning set forth in the Security Instrument. (viii) "Security Instrument" means the mortgage or deed of trust from the Corporation in favor of the Mortgage Loan Lender, as the same may be supplemented, amended or modified. (ix) "Surplus Cash" has the meaning specified in the HUD Regulatory Agreement. (x) "Residual Receipts" has the meaning specified in the HUD Regulatory Agreement. (c) Notwithstanding anything in this Agreement to the contrary, the provisions hereof are expressly subordinate to (i) the Security Instrument, (ii) the HUD Regulatory Agreement and (iii) Program Obligations. In the event of any conflict between the provisions of this Agreement and the provisions of the Security Instrument, HUD Regulatory Agreement, or Program Obligations, the provisions of the Mortgage Loan Documents and Program Obligations shall control and supersede the enforcement of the Agreement. (d) In the event of foreclosure, this Agreement (including without limitation, any and all land use covenants and/or restrictions contained herein) shall automatically terminate, unless otherwise approved by HUD. (e) The Corporation and the Town acknowledge that the Corporation's failure to comply with the covenants provided in this Agreement does not and shall not serve as a basis for default under the terms of the Security Instrument, the HUD Regulatory Agreement, or any other document relating to the New Mortgage Loan to the Corporation for the Project; provided that, nothing herein limits the Town's ability to enforce the terms of this Agreement to the extent not in conflict with the Mortgage Loan Documents or Program Obligations. 10 ATTACHMENT D - PROJECT AGREEMENT (f) Except for the Town's reporting requirement, in enforcing this Agreement the Town will not file any claim against the Project or any reserve or deposit required by HUD in connection with the Security Instrument or HUD Regulatory Agreement, or the rents or other income from the property other than a claim against: (i) Available surplus cash, if the Corporation is a for-profit entity; (ii) Available distributions and residual receipts authorized for release by HUD, if the Corporation is a limited distribution entity; or (iii) Available residual receipts authorized by HUD , if the Corporation is a non-profit entity. (g) For so long as the New Mortgage Loan is outstanding, the Corporation and the Town shall not further amend this Agreement without HUD's prior written consent. (h) Subject to the HUD Regulatory Agreement, the Town may require the Corporation to indemnify and hold the Town harmless from all loss, cost, damage and expense arising from any claim or proceeding instituted against Town relating to the subordination and covenants set forth in the Agreement, provided, however, that the Corporation's obligation to indemnify and hold the Town harmless shall be lim ited to available Surplus Cash and/or residual receipts of the Corporation. (i) No action shall be taken in accordance with the rights granted herein to preserve the tax exemption of the interest on the notes or bonds, or prohibiting the owner from taking any action that might jeopardize the tax-exemption, except in strict accord with Program Obligations . Section 10. Term. This Agreement shall terminate upon the vesting of title to the Project in the Town as herein provided. Sec tion 11 . Burd en on P r ooertv. This Agreement is a burden upon and runs with the property described in Exhibit A hereto and is binding upon the Corporation and upon all persons or entities with any right, title or interest to such property or any part thereof. This Agreement may be released therefrom in the same manner as the release of property under the Mortgage . IN WITNESS WHEREOF, the undersigned have hereunto set their band as of the day and year first mentioned above. [Signature and Acknowledgment Pages Follow] 11 201317617 ATTACHMENT D - PROJECT AGREEMENT CORPORATION: AFFORDABLE HOUSING CORPORATION STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me thi~th day of August, 20 13 by Gerald E . Flynn, as President, on behalf of BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation. WITNESS my hand and official seal . [SEAL] STACEY M tELD NOTARY PUa.IC STATE OF COLORADO NOTARY I) 200M018082 201317617 lilt COt I Ill Cit I!XPIR&I 0811~4 Notary Public [Amended and Restated Buffalo Ridge Affordable Housing Project-Project Agreement Corporation Signature and Acknowledgment Page] 12 ATTACHMENT D - PROJECT AGREEMENT 201317617 TOWN: TOWN OF AVON, COLORADO By~ STATE OF COLORADO COUNTY OF EAGLE ) ) ss. ) The foregoing instrument was acknowledged before me this~y of August, 2013 by Rich Carroll, as Mayor, on behalf of the TOWN OF AVON, COLORADO. WITNESS my hand and official seal . [SJ ~fiL J K"IITA D JARAMILLO NOTARY PUBUC ITATI OF COLORADO NOTARY ID 11114018182 MY COMMIIIION EXPIRES 0712tl201 a I ) [Amended and Restated Buffalo ~idge A ordab/e Housing ifect-Project Agreement Town Signature and Acknowledgment Page] 13 ATTACHMENT D - PROJECT AGREEMENT 201317617 MORTGAGE LOAN LENDER CBRE HMF, INC., By e~.ru ~t{_j • Name Carmen Rivera Title Vice President ATTEST: By _______________________ ___ Name _______________________ __ Title ______________ _ STATE OF COLORADO COUNTY OF EL PASO ) ) ss. ) The foregoing instrument was acknowledged before me this~ day of August, 2013 by Cannen Rivera, as Vice President, on behalfofCBRE HMF, INC. WITNESS my hand and official seal. [SEAL] [Amended and Restated Buffalo Ridge Affordable Housing Project -Project Agreement Mortgage Loan Lender Signature and Acknowledgment Page] 14 ATTACHMENT D - PROJECT AGREEMENT 201317617 Parcel A: Lots2 and 4 EXIllBIT A LEGAL DESCRIPTION TilE VILLAGE (AT A VON) FILING 2 According to the plat recorded May 28,2002 as Reception No. 796831. Parcel B: Easements contained in Paragraph 3 of Easements with Covenants and Restrictions affecting Land ("ECR") recorded May 30, 2002 as Reception No. 797038. and A non-exclusive easement and right-of-way over and across Lot 3 (24 foot access easement) for the purpose of motor vehicle and pedestrian ingress and egress to and from Swift Gulch Road as described in and depicted on Exhibit C-1 and a non-exclusive easement and right- of-way over and across Lot 3 for the purpose of motor vehicle and pedestrian ingress and egress to and from Swift Gulch Road as described in and depicted on Exhibit C-2 of Reciprocal Access Easement Agreement recorded May 30,2002 as Reception No. 797045 . [Amended and Restated Buffalo Ridge Affordable Housing Project-Project Agreement Exhibit A -Legal Description] 15 ATTACHMENT D - PROJECT AGREEMENT Previous editions are obsolete Surplus Cash Note HUD-92223M (6/18) 1 Surplus Cash Note U.S. Department of Housing and Urban Development Office of Housing OMB Approval No. 2502-0598 (Exp. 9/30/2021) Public Reporting Burden for this collection of information is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request. Warning: Federal law provides that anyone who knowingly or willfully submits (or causes to submit) a document containing any false, fictitious, misleading, or fraudulent statement/certification or entry may be criminally prosecuted and may incur civil administrative liability. Penalties upon conviction can include a fine and imprisonment, as provided pursuant to applicable law, which includes, but is not limited to, 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts 180 and 2424. Project Name: Buffalo Ridge 1__________________ HUD Project No: _101-35753__________________ FOR VALUE RECEIVED, Buffalo Ridge Affordable Housing Corporation (“Maker”) promises to pay to EagleBend Affordable Housing Corporation, a Colorado non-profit corporation (“Payee”) the sum of Four Million Two Hundred Thousand and 00/100 _ Dollars ($4,200,000.00), payable at 28 2nd Street, Suite 215, Edwards, CO 81632 _ with interest on any remaining balance of principal at three per cent (2.0%) per annum payable annually, commencing January 1, 2027, and thereafter on the first day of January until the entire indebtedness has been paid. Any interest not so paid shall not create any default in the terms of this note but shall accrue and be payable in full on the maturity date hereof. In any event, the balance of principal, if any remaining unpaid, plus accrued interest, shall be due and payable on December 31, 2046 (“Maturity Date”). The definition of any capitalized term or word used herein can be found in this Surplus Cash Note, the Regulatory Agreement dated May 29, 2002 between Maker and the Secretary of Housing and Urban Development (“HUD”), or the Security Instrument dated November 1, 2016 securing that certain Note (“Note”) in the principal amount of $10,036,200.00 made by Maker toCBRE HMF, Inc. [Note: The Maturity Date of this Surplus Cash Note must be on or after the maturity date of the Note.] This Surplus Cash Note is subject to the following terms and conditions: 1. In the event that the maturity date of that certain Note referenced above is extended and such extension is approved in writing by HUD, then in such event the Maturity Date shall automatically be extended to the extended maturity date of the Note without the consent of Payee. 2. Except as provided in Section 5 below, as long as HUD is the insurer or holder of the Note secured by the Security Instrument, payments due under this Surplus Cash Note shall be payable only from no more than 75% of available Surplus Cash. The restriction on payment imposed by this paragraph shall not excuse DRAFT ATTACHMENT E - FORM OF SURPLUS CASH NOTE Previous editions are obsolete Surplus Cash Note HUD-92223M (6/18) 2 any default caused by the failure of Maker to pay the indebtedness evidenced by this Surplus Cash Note. In no event may payments due under all subordinate debt of Maker cumulatively exceed 75% of available Surplus Cash. 3. In the event the Indebtedness secured by the Security Instrument is paid in full and the Security Instrument released of record, then the holder of this Surplus Cash Note may, at its option, declare the whole principal sum or any balance thereof, together with interest thereon, immediately due and payable. Notwithstanding the foregoing, in the event said indebtedness is paid in full by way of any substitute indebtedness of Maker secured by any substitute security instrument insured or held by HUD under Section 223(a)(7) of the National Housing Act, as amended, the maturity date of this Surplus Cash Note shall automatically be extended to the maturity date of the note evidencing the substitute indebtedness without the consent of Payee. 4. Maker may pay any part or all of the principal of this Surplus Cash Note on any interest payment date, provided no such prepayment of principal in any amount or any payment of interest shall be made except from Surplus Cash in accordance with the conditions prescribed in the Regulatory Agreement. 5. Notwithstanding the provisions of paragraphs numbered 2, 4, and 7, Maker may also make payments due hereunder from sources other than Project income or Project Assets. 6. Any unauthorized payments, as determined by HUD, shall be returned to the Project immediately upon discovery. 7. Except as permitted pursuant to Paragraph 5 hereof, no prepayment of this Surplus Cash Note shall be made until after final endorsement for mortgage insurance by HUD of the Note, unless such prepayment is made from non- Project sources. 8. This Surplus Cash Note is non-negotiable and may not be sold, transferred, assigned, or pledged by Payee. 9. Interest on this Surplus Cash Note shall not be compounded as long as HUD is the insurer or holder of the Note secured by the Security Instrument. 10. Maker hereby waives presentment, demand, protest and notice of demand, protest and nonpayment of this Surplus Cash Note. 11. THE MAKER SHALL HAVE THE RIGHT TO FUND AND MAINTAIN FROM SURPLUS CASH, IN PRIORITY TO ANY PAYMENT DUE PAYEE HEREUNDER, A MAKER’S OPERATING RESERVE IN AN AMOUNT NOT TO EXCEED $50,000.00. ALL REMAINING SURPLUS CASH SHALL DRAFT ATTACHMENT E - FORM OF SURPLUS CASH NOTE Previous editions are obsolete Surplus Cash Note HUD-92223M (6/18) 3 THEREAFTER BE APPLIED IN PAYMENT OF PAYEE’S OBLIGATION HEREUNDER. 12. THIS SURPLUS CASH NOTE SHALL NOT BE A DEBT OR INDEBTEDNESS OF THE TOWN OF AVON, COLORADO (THE "TOWN"), THE STATE OF COLORADO OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF ANY PROVISION OR LIMITATION OF THE CONSTITUTION OR STATUTES OF THE STATE OF COLORADO OR THE TOWN'S CHARTER, AND SHALL NEVER CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY OF THE TOWN, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF OR A CHARGE AGAINST THEIR GENERAL CREDIT OR TAXING POWERS. THE CORPORATION HAS NO TAXING POWER. 13. THE TOWN HAS CERTAIN RIGHTS WITH RESPECT TO THIS SURPLUS CASH NOTE AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED BUFFALO RIDGE AFFORDABLE HOUSING PROJECT AGREEMENT DATED AUGUST 1, 2013, AND RECORDED AUGUST 28, 2013, AS RECEPTION NO. 201317617. The terms and provisions of this Surplus Cash Note are also for the benefit of and are enforceable by HUD against any party hereto, their successors and assigns. This Surplus Cash Note may not be modified or amended without the written consent of HUD. IN WITNESS WHEREOF, Maker has signed this Surplus Cash Note on this 1st day of May, 2026. MAKER: Buffalo Ridge Affordable Housing Corporation By: _____________________________ Name: Gerald E. Flynn Title: President DRAFT ATTACHMENT E - FORM OF SURPLUS CASH NOTE MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON .ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON PLANNING & ZONING COMMISSION Meeting Minutes (DRAFT) Monday, April 13, 2026 Public Meeting Begins at 5:30 PM TEAMS LINK: https://teams.microsoft.com/meet/264310002419834?p=SyE1s9DLVx5sOEYYW3 To join meeting via phone, dial (945) 468-5504 and enter conference ID: 773 272 601# 1. Call to Order and Roll Call (Chairperson) – 5:30 PM Meeting commenced at 5:30 PM. A rollcall was taken, and Planning Commissioners Carly Hansen, Brian Sipes, Rick Sudekum, and Nancy Tashman were present. Commissioner Elizabeth Waters was present remotely. Commissioners Brad Christianson and Nicole Murad were absent. Also present were Director of Community Development Matt Pielsticker, Planning Manager Jena Skinner, Town Attorney Nina Williams, and Development Coordinator Emily Block. 2. Approval of Agenda ACTION: Commissioner Tashman moved to approve the agenda. Commissioner Sudekum 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 Commissioner Sipes mentioned he has visited the Comfort Inn many times and wanted to disclose his additional knowledge of the property. Commissioner Hansen disclosed she works for the firm that is presenting the Comfort Inn remodel, but she herself is not directly involved in the project and believes she can remain unbiased and impartial. The remaining commissioners agreed that she can remain unbiased and determined this is not a direct conflict of interest. 4. Public Comment – Comments are Welcome on Items Not Listed on the Following Agenda Public Comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Planning and Zoning Commission approval. Commissioner Sipes gave a shout-out to the Avon swim team. 5. Brief Training Session with Town Attorney 6. Public Hearing 6.1. MJR26-002 Comfort Inn Remodel – Jena Skinner, Planning Manager ACTION: Commissioner Sudekum made a motion to recommend approval to Town Council including the conditions as presented in the report. Commissioner Tashman seconded the motion, and the motion passed unanimously 5-0. 6.2. SGNP26-001 Christie Lodge Sign Program – Jena Skinner, Planning Manager MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON .ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. ACTION: Commissioner Tashman made a motion to approve the application with conditions as presented in the staff report. Commissioner Hansen seconded the motion, and the motion passed unanimously 5-0. 6.3. CPA26-001 Community Housing Plan Updates (to be tabled to April 27) – Jena Skinner, Planning Manager ACTION: Commissioner Sipes made a motion to continue the application to the April 27th Planning and Zoning Commission meeting. Commissioner Sudekum seconded the motion, and the motion passed unanimously 5-0. 7. Consent Agenda 7.1. March 23, 2026 Planning and Zoning Commission Meeting Minutes 7.2. Record of Decision: CTA26-002 Wildfire Code Updates ACTION: Commissioner Hansen made a motion to approve the consent agenda. Commissioner Waters seconded the motion, and the motion passed unanimously 5-0. 8. Future Meetings 8.1. April 27, 2026 – No RS or BC 8.2. May 11, 2026 9. Administratively Approved Applications 9.1. MNR26-007 | 3000 Eaglebend Staircase Remodel 10. Staff Updates 11. Adjourn The meeting was adjourned at 7:25 PM. APPROVED: CHAIRPERSON 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – January 2026 & February 2026 data DATE: April 15th, 2026 SUMMARY: This report presents the revenues for sales, accommodations, nicotine and cigarette, and short-term rental tax for February2026 and the recreation fees, real estate transfer tax, and use tax for CH revenues for March 2026. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for February and March 2026 revenues. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. GENERAL FUND REVENUE SUMMARY: Tax Revenue Comparison – 2025 v 2026: All taxes except the Nicotine Tax and Rec Admissions are unfavorable for 2026 compared to 2025. Below is a table which reflects the dollar change and percentage variance. Total revenue for 2026 is reflecting an unfavorable variance to 2025. 2025 v 2026 YTD REVENUE COMPARISON 2025 2026 Dollar Variance Percentage Variance Sales Tax $2,444,016.62 $2,315,436.44 ($128,580.18) (5.26%) Acc. Tax $677,821.86 $566,713.98 ($111,107.88) (16.39%) Nicotine Tax $55,732.48 $62,767.71 $7,035.23 12.62% Cigarette Tax $34,554.00 $30,930.00 ($3,624.00) (10.49%) Rec Admissions $361,883.71 $371,029.60 $9,145.89 2.53% Rec Program Fees $137,107.03 $124,067.91 ($13,039.12) (9.51%) TOTAL $3,711,115.70 $3,470,945.64 ($240,170.06) (6.47%) Page 2 of 11 Adopted Budget 2026 v Actual 2026: All taxes except reflect an unfavorable variance over the 2026 budget. Rec Center Admissions revenue is favorable compared to the 2026 budget. Total revenue for 2026 is reflecting an unfavorable variance to the 2026 budget. Below is a table which reflects the dollar change and percentage variance. COMMUNITY HOUSING REVENUE SUMMARY: 2026 REVENUE COMPARISON – BUDGET V ACTUAL Budget Actual Dollar Variance Percentage Variance Sales Tax $2,546,033.38 $2,315,436.44 ($230,596.94) (9.06%) Acc. Tax $729,858.41 $566,713.98 ($163,144.43) (22.35%) Nicotine Tax $64,601.88 $62,767.71 ($1,834.17) (2.84%) Cigarette Tax $37,417.49 $30,930.00 ($6,487.49) (17.34%) Rec Admissions $343,853.07 $371,029.60 $27,176.53 7.90% Rec Program Fees $122,127.67 $124,067.91 $1,940.24 1.59% TOTAL $3,843,891.90 $3,470,945.64 ($372,946.26) (9.70%) 2025 v 2026 YTD REVENUE COMPARISON 2025 2026 Dollar Variance Percentage Variance STR Tax for CH $313,994.78 $270,346.80 ($43,647.98) (13.90%) Use Tax for CH $28,828.00 $28,171.41 ($656.59) (2.28%) TOTAL $342,822.78 $298,518.21 ($44,304.57) (12.92%) 2026 REVENUE COMPARISON – BUDGET V ACTUAL Budget 2026 Dollar Variance Percentage Variance STR Tax for CH $298,629.75 $270,346.80 ($28,282.95) (13.90%) Use Tax for CH $125,000.00 $28,171.41 ($96,828.59) (77.46%) TOTAL $423,629.75 $298,518.21 ($125,111.54) (29.53%) Page 3 of 11 REVENUE ANALYSIS: Sales Tax: Revenues – February 2026: February sales tax revenues totaled $1,1714,750. This is a decrease of $51,131 or 4.18% compared to February 2025 sales tax revenue of $1,222,882. FEBRUARY 2024 v FEBRUARY 2026 SALES TAX COMPARISON BY INDUSTRY February 2025 February 2026 Increase/Decrease Home/Garden $68,555.63 $60,449.25 ($8,106.38) Grocery/Specialty/Health $241,683.63 $236,896.07 ($4,787.56) Sporting Goods Retail/Rental $152,681.24 $135,161.50 ($17,519.74) Miscellaneous Retail $26,802.91 $26,452.01 ($350.90) Accommodations $331,584,49 $287,766.44 ($43,818.05) Restaurants/Bars $213,720.93 $227,303.41 $13,582.48 Other $8,794.60 $7,829.65 ($964.95) Service Related $26,827.65 $20,747.11 ($6,080.54) Liquor Stores $32,026.81 $27,168.91 ($4,857.90) E-Commerce Retail $78,076.33 $84,941.41 $6,865.08 Manufacturing/Wholesale $8,626.21 $23,662.72 $15,036.51 Construction Related Services $25,087.44 $25,925.19 $837.75 Digital Media Suppliers/Sellers $7,626.43 $6,834.00 ($792.43) Commercial/Industrial Equipment $787.94 $612.77 ($175.17) Special Events $0.00 $0.00 $0.00 TOTAL $1,222,882.24 $1,171,750.44 ($51,131.80) Sales Tax: February 2026 Budget v Actual Collections: February 2026 sales tax revenues totaled $1,171,750. This is a decrease of $90,388 over the February 2026 estimate of $1,262,138. This is 7.16% below the adopted 2026 budget (based on a 3-year average). FEBRUARY 2026 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2026 Budget 2026 Actual Dollar Variance Percentage Variance February $1,262,138.54 $1,171,750.44 ($90,388.10) (7.16%) Page 4 of 11 Accommodation Tax: Revenues –February 2026: Accommodation tax revenues totaled $310,081 for the month of February. This is a decrease of $35,931 or 10.38% compared to February 2025 accommodation tax revenues, which totaled $346,012. Accommodation tax collections by industry type for February 2026 compared to February 2025 reported a decrease for Vacation Rentals and Time Share with an increase for Hotels. FEBRUARY 2025 v FEBRUARY 2026 ACCOMMODATION TAX COMPARISON BY INDUSTRY February 2025 February 2026 Increase/(Decrease) Timeshares $55,182.20 $37,443.82 ($17,738.38) Hotels $127,654.78 $132,927.81 $5,273.03 Vacation Rentals $163,175.95 $139,710.08 ($23,465.87) TOTAL $346,012.93 $310,081.71 ($35,931.22) 1,242,766.09 1,283,697.83 1,214,899.64 1,222,882.24 $1,171,750.44 3.29% -5.36% 0.66% -4.18% $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 2022 2023 2024 2025 2026 2022-2026 February Sales Tax Revenue Trend Page 5 of 11 February 2026 Budget v Actual Collections: February 2026 accommodation tax revenues totaled $310,081. This is a decrease of $70,851 compared to the February 2026 estimates of $380,932. This is 18.60% below the adopted 2026 budget (based on a 3-year average). FEBRUARY 2026 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2026 Budget 2026 Actual Dollar Variance Percentage Variance February $380,932.91 $310,081.71 ($70,851.20) (18.60%) Short Term Rental Tax for CH: Revenues – February 2026: STR Tax for Community Housing totaled $142,173 for the month of February. This is a decrease of $17,464 or 10.94% compared to February 2025. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. FEBRUARY 2025 v FEBRUARY 2026 STR TAX FOR CH COMPARISON BY INDUSTRY February 2025 February 2026 Increase/(Decrease) Timeshares $27,591.11 $18,721.91 ($8,869.20) Hotels $52,848.92 $53,803.28 $954.36 Vacation Rentals $79,197.41 $69,647.93 ($9,549.48) TOTAL $159,637.44 $142,173.12 ($17,464.32) 358,261 387,854 317,978 346,013 310,082 8.26% -18.02% 8.82% -10.38% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2022 2023 2024 2025 2026 2022-2026 February Accommodation Tax Revenue Trend Page 6 of 11 Nicotine & Cigarette Tax: Revenues – February 2026 : Nicotine tax revenues totaled $29,339 and cigarette tax revenues totaled $14,904 for February 2026. Compared to February 2025 revenues, this is an increase of $2,633 for nicotine tax revenues, which totaled $26,706 and a decrease of $2,220 for cigarette tax revenues, which totaled $17,124. Vapes and all other miscellaneous tobacco and nicotine products are included in the nicotine tax and are subject to the 40% tax rate. 27,344 29,560 29,556 26,706 29,340 8.10% -0.01% -9.64% 9.86% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2021 2022 2023 2024 2025 2022-2026 February Nicotine Tax Revenue Trend 18,087 18,216 18,708 17,124 14,904 0.71%2.70% -8.47% -12.96% - 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 2021 2022 2023 2024 2025 2022-2026 February Cigarette Excise Tax Revenue Trend Page 7 of 11 February 2026 Adopted Budget v Actual Collections : February 2026 nicotine and cigarette tax revenues totaled $29,339 and $14,904, respectively. This is a decrease of $655 over the February 2026 budget for nicotine tax, which is $29,994 and a decrease of $3,238 over the February 2026 budget for cigarette tax estimates, which is $18,142 which is based on a 3-year average. FEBRUARY 2026 BUDGET v ACTUAL COLLECTIONS – NICOTINE AND CIGARETTE TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Nicotine $29,994.97 $29,339.53 ($655.44) (2.19%) Cigarettes $18,142.08 $14,904.00 ($3,238.08) (17.85%) Total ($3,893.52) Use Tax for Community Housing: Revenues – March 2026 : The use tax for community housing collected in the month of March 2026 was $15,160.Compared to March 2026 estimate of $33,333, this is decrease of $18,173.33. MARCH 2026 BUDGET v ACTUAL COLLECTIONS – USE TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Use Tax for CH $33,333.33 $15,160.00 ($18,173.33) (54.52%) Page 8 of 11 Real Estate Transfer Tax: Revenues – March 2026 : March 2026 real estate transfer tax totaled $832,972. Compared to March 2026, which totaled $461,073, this is an increase of $461,073. This is an increase of $415,620 over the March 2026 budget which was based on a 3-year average. 2026 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $417,351.69 $832,972.01 $415,620.32 99.59% Real Estate Transfer Tax: Revenues 2026: 2026 real estate transfer tax totals 1,324,016. Compared to 2025, which total $853,269, this is an increase of $470,747. This is an increase of $180,254 compared to the 2026 budget which was based on a 3-year average. 2026 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $1,143,761.57 $1,324,016.22 $180,254.65 15.76% 2025 Actual 2026 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $853,269.20 $1,324,016.22 $470,747.02 55.17% $448,621 $279,653 $917,909 $371,898 $832,972 -37.66% 228.23% -59.48% 123.98% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 2022 2023 2024 2025 2026 Real Estate Transfer Tax March Revenue Trends Page 9 of 11 Recreation Center Fees: Revenues – March 2026 Admissions & Program Fees : Recreation admission revenues for March 2026 totaled $119,478 is a decrease of $8,540 compared to March 2025 which totaled $128,018. This is $8,677 below the adopted 2026 budget estimates of $128,156. Recreation program fee revenues for March 2026 totaled $63,930. This is a decrease of $9,528 compared to 2025, which totaled $73,459. This is $1,813 above the adopted 2026 budget estimates of $62,116, which is calculated based on a 3-year average. 97,867 112,067 155,807 128,019 119,478 14.51% 39.03% -17.83%-6.67% - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 2022 2023 2024 2025 2026 Recreation Admissions March Revenue Trends $39,181 $53,506 $59,293 $73,459 $63,931 36.56% 10.81% 23.89% -12.97% $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 2022 2023 2024 2025 2026 Recreation Program Fees March Revenue Trends Page 10 of 11 New and Renewed Business and STR Licenses – 2025 v 2026 : The total number of 2026 business licenses issued thru March was 202. This was down 39 licenses or 16.2% for the year to date. The total number of STR licenses issued through March was 92. Compared to 2025 the STR licenses were up 20 licenses or 27.8% for the year. - 20.00 40.00 60.00 80.00 100.00 120.00 140.00 160.00 180.00 200.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 - 3/31 2024 2025 2026 2025 v 2026 – BUSINESS AND STR LICENSES – YEAR TO DATE 2025 2026 License Variance Percentage Variance Business License - Vendor 179 141 (38) (21.2%) Business License – Fixed Location 52 49 (3) (5.8%) Business License – Home Occupation 10 11 1 10.0% Business License – Special Event 0 1 1 0.0% TOTAL BUSINESS LICENSES 241 202 (39) (16.2%) STR License 72 92 20 27.8% Page 11 of 11 EXPENDITURES: March 2026 General Fund YTD Actuals v 2026 Budget: General Fund expenditures through March 2026 total $6,243,376 which is 23.19% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2026 Budget: Mobility Fund expenditures through March 2026 total $1,457,455 which is 49.79% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, and utilities. Fleet Maintenance YTD Actuals v 2026 Budget: Fleet Maintenance expenditures through March 2026 total $534,045 which is 21.82% of the total adopted budget. These expenditures include wages, health benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2026 Budget: The Capital Improvement expenditures through March 2026 total $1,098,227 which is 5.75% of the total adopted budget. These expenditures were primarily made up from the public works garage, Avon Rd cross walk improvements, and Hwy 6 improvements. DESTIMETRICS ANALYSIS Based on Destimetrics reporting properties, February lodging data for Avon/Beaver Creek shows occupancy of 66.5%, a 3.5% decline year over year, while the average daily room rate decreased 6.0% year over year to $413, resulting in revenue per available room of $275, down 9.2% year over year. February tax data shows differing performance by lodging type, with hotel accommodation tax revenues increasing slightly, while vacation-rental accommodation tax declined 14.4% year over year and short-term rental tax revenue for community housing declined 12.1%, indicating hotels were better able or more willing to adjust pricing in response to softer demand. Thank you, Dean 0 10 20 30 40 50 60 70 80 90 100 STR License STR Licenses Issued 1/1 - 3/31 2023 2024 2025 970-748-4106 csimmons@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Chase Simmons, Financial Analyst RE: Destimetrics Summer Occupancy Outlook DATE: April 17th, 2026 SUMMARY: This report provides an overview of anticipated summer lodging occupancy trends for Avon/Beaver Creek based on Destimetrics data for the April through September period. The information is intended to inform Council of expected lodging demand compared to last summer and relative to peer mountain destinations. This report is provided for informational purposes only, and no action by Council is required. BACKGROUND: Destimetrics is a lodging analytics platform that aggregates occupancy data from participating lodging properties across resort destinations nationwide. The Town uses this data to monitor tourism trends and provide context for broader economic and revenue discussions. Lodging occupancy data referenced in this report reflects Destimetrics reporting properties only and does not include all licensed lodging units. The summer lodging outlook is based on bookings as of March 31 and reflects anticipated occupancy patterns for the upcoming summer season. The competitive destination set includes comparable mountain resort communities throughout Colorado and the western United States. OCCUPANCY: Summer lodging occupancy shows a mixed pattern compared to last summer, with relatively flat occupancy during early peak summer months and slightly higher occupancy later in the season. Current on-the-books occupancy levels for participating lodging properties are 34.5% in 2026 compared to 33.7% at this time last year. When compared to last summer at the same point in time, occupancy in June and July is generally flat, indicating stable demand during the peak portion of the summer season. In contrast, May, August, and September show higher absolute occupancy levels than last summer, reflecting increased room-night bookings later in the season and a shift toward stronger late-summer demand. Near-term pacing indicates that daily occupancy levels remain generally consistent with last summer overall, suggesting stable booking activity as the season approaches. While early peak months are tracking close to prior-year levels, late-season occupancy is showing improved positioning in terms of total rooms booked. ROOM RATES: Room rates across the summer season are generally flat to modestly lower than last summer, with the most noticeable softening occurring during peak summer months. This pattern suggests that lodging operators are adjusting pricing to support demand during periods where occupancy is tracking close to prior-year levels, while maintaining relatively stable rate structures overall. Compared to peer mountain destinations, occupancy is lower in absolute terms across the summer season. Competitive destinations are currently averaging approximately 32 to 34 percent occupancy in June and July, compared to low-to-mid-20 percent occupancy levels for Avon during the same months. These differences reflect the scale, lodging inventory, and broader market reach of larger destination communities. Overall, the summer outlook indicates stable peak-season demand combined with improving late-season occupancy. Thank you, Chase [970-748-4037] [edennis@avon.org] TO: Honorable Mayor Underwood and Council members FROM: Emily Dennis, Special Events Coordinator RE: Town Clean Up Week & Sustainability Fair DATE: April 16, 2026 SUMMARY: This report provides an overview of the Town’s upcoming annual Town Clean Up Week and Sustainability Fair. This report is intended to inform the Council of the planned scope, implementation, and anticipated outcomes of the weeklong event that culminates with the Sustainability Fair. This report is submitted as a written report and no action by Council is required. BACKGROUND: Since 2023, the Town Clean Up and Sustainability Fair has been a combined community event intended to promote environmental stewardship and civic engagement through coordinated clean-up efforts and sustainability education. The Town Clean Up and Sustainability Fair was relocated to the Sun & Ski Parking Lot in 2025 from Harry A. Nottingham Park as a convenient and highly visible event the Avon’s East Town Center. The relocation drew about 200 attendees to the Sustainability Fair, but only six volunteers joined the Town Clean Up. Council provided direction to schedule the 2026 Town Clean Up separately from the Sustainability Fair to encourage greater participation from Avon residents and businesses. TOWN CLEAN-UP SCHEDULE: Town Clean Up Week will take place from Sunday, May 10 through Saturday May 16, 2026. The redesigned format offers a flexible, at-your-own-pace opportunity for residents, businesses, and community groups to participate throughout the week. Registered volunteers will assist with general clean-up efforts in designated zones. A supply station with gloves, safety vests, and trash bags will be available at the Avon Recreation Center for volunteers to use, and filled bags will be collected by Public Operations during the week. Volunteers are asked to register and complete a waiver prior to participation. Registration will include entry into a raffle drawing to be held at the Sustainability Fair on Saturday, May 16, which encourages participation in both events. SUSTAINBILITY FAIR: The Sustainability Fair will conclude Town Clean Up Week and WILL provide an interactive, educational experience featuring local sustainability experts, demonstrations, live music, and free food. The Sustainability Fair will also recognize volunteer efforts and connect guests with sustainability resources from organizations throughout Eagle County. Residential pick-up services for large items and yard waste will also be available during the Sustainability Fair. Operations will offer curbside pick up and transportation to Eagle County Solid Waste and Recycling at no cost for large household items and yard waste. Town Staff will support both events through operations planning and a coordinated marketing campaign including press releases, paid digital advertising, and promotion through DiscoverAvon social media channels. Town Clean Up Week and the Sustainability Fair are anticipated to be visible and well-recognized community events. Councilor support and participation during the week will further reinforce the Town’s commitment to environmental stewardship and civic engagement. Thank you, Emily 970-390-2014 ewilson@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Eva Wilson, Engineering Director RE: Rec Center Aquatics Renovation Project Update DATE: April 20, 2026 SUMMARY: This report provides an update on the Recreation Center Aquatics Renovation Project. The Town paused the project on March 24, 2026, following receipt of a high intermediate Guaranteed Maximum Price (iGMP), and subsequently terminated its design-build contract with A.D. Miller, Inc. on April 9, 2026. Project design is approximately 50 percent complete. Town staff have initiated efforts to continue advancing the project by working directly with the subconsultants on the remaining design scope. Staff plans to complete the design in 2026, solicit contractor bids in the fall, and proceed with construction in 2027. No Council action is requested at this time. BACKGROUND: In early 2025, the Town retained A.D. Miller, Inc. to provide design-build services for renovation of the Recreation Center aquatic facilities. The aquatic area is approximately 30 years old, and most major systems are at the end of their useful life, including pumps, filtration, electrical systems, heating systems, the water slide, the hot tub, and associated components. The scope of the renovation and upgrades was refined in late summer and early fall of 2025 to align with the Town’s Capital Improvement Program (CIP) budget. Initial cost estimates for the identified scope of work ranged from $5 million to $6 million and increased to approximately $7.6 million by November 2025. Based on the November estimate, the Town budgeted $8.4 million for the project, which included a 12 percent contingency to cover design and construction costs. The approved budget included funds from the General Fund Reserve to supplement available funding in the Capital Improvement Projects Fund. NEXT STEPS: Town staff is working with the project subconsultants to define the remaining design scope and negotiate costs to complete the design phase in 2026. Upon completion of design, staff will solicit contractor bids in the fall of 2026, with construction planned for 2027. FINANCIALS: Of the original $647,000 allocated for design services, approximately $350,000 remains available in the project budget. With design currently at approximately 50 percent completion, staff is evaluating the cost required to complete the remaining design work with the subconsultants and will report back to Council as that information becomes available. CLOSING REMARKS: Staff will return to Council for consideration and approval of any contracts exceeding $100,000, in accordance with Town procurement requirements. As the project progresses, staff will continue to provide regular updates to Council and will advise of any changes that may affect project cost, schedule, or sequencing of the remaining improvements. Thank you, Eva