TC Resolution 26-07 Adopting Proposition 123 Affordable Housing Development Application Fast Track Review Policies.von
COLORADO
RESOLUTION 26-07
ADOPTING PROPOSITION 123 AFFORDABLE
HOUSING DEVELOPMENT APPLICATION
FAST TRACK REVIEW POLICIES
WHEREAS, the voters of Colorado approved Proposition 123 in 2022 creating the State
Affordable Housing Fund to make certain funds available to local governments as defined by
C.R.S. § 29-32-104; and
WHEREAS, Town of Avon ("Avon") is a Colorado home rule municipality duly and regularly
organized and validly existing as a body corporate and politic under and by virtue of the
Constitution and laws of the State of Colorado and is eligible for Proposition 123 funding and
programing; and
WHEREAS, Avon recognizes the significant unmet demand for additional affordable housing
opportunities to serve the regional workforce and further recognizes the importance of allowing,
supporting, facilitating and expediting the development of affordable and attainable housing for
Avon's workforce and residents; and
WHEREAS, Avon has filed a Proposition 123 commitment to increase affordable housing as
defined in C.R.S. § 29-32-105; and
WHEREAS, Avon adopted the definition of "Community Housing" in Section 3.14.020 of
the Avon Municipal Code; and
WHEREAS, Avon adopted Section 7.16.015 of the Avon Municipal Code in 2024, creating
prioritized scheduling for development projects creating Community Housing units; and
WHEREAS, Avon desires to further promote and prioritize a fast track review process for
affordable housing projects that may be eligible for Proposition 123 funding; and
WHEREAS, Avon desires to -clearly adopt fast track review policies that -meet the -
requirements of the Proposition 123 Fast Track Review Process set forth by the Department of
Local Affairs; and
WHEREAS, the Avon Town Council finds that the adoption of this policy to further promote
affordable housing will promote the health, safety and general welfare of the Avon
community.
NOW, THEREFORE, BE IT RESOLVED BY THE AVON TOWN COUNCIL that Avon
Municipal Code Section 7.16.015, Title 7 Avon Development Code in general, and other
applicable provisions of the Avon Municipal Code and other adopted regulations shall all be
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July 28, 2026
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administered to follow the policies attached hereto as EXHIBIT A: PROPOSITION 123 FAST
TRACK REVIEW PROCESS.
ADOPTED JULY 28, 2026 by the AVON TOWN COUNCIL
By: Attest:
mra N. Underwood
Resolution 26-07 Fast Track Community Housing
July 28, 2026
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Miguel Jauregui
NOF,4Up�
AL.
TownNlerk • .. '
EXHIBIT A:
PROPOSITION 123 FAST TRACK REVIEW PROCESS
1. Purposes. This Fast Track Review policy has the following purposes:
(a) 'Implement the requirements of Fast Track Review process set forth in Colorado
Revised Statute §29-32-105(2) and other relevant regulations and guidance adopted by
the Department of Local Affairs.
(b) Implement a process that maximizes the efficiency and minimizes the timeframe of
development application review for Eligible Development Applications in order to
reduce development costs, promote Affordable Housing investment interest, and
expedite the delivery of additional Affordable Housing.
2. Interpretation. This Fast Track Review process for Affordable Housing development
applications shall be liberally interpreted to implement the stated purposes of this policy.
Nothing herein shall supersede, replace, or diminish the Town of Avon's development
application review authority and ability to approve, approve with conditions, or deny
development applications in accordance with the review criteria set forth the Avon
Development Code and in consideration of other relevant regulations. The procedures and
criteria set forth in AMC 7.04040 shall apply to interpretations of this policy.
3. Definitions
(a) Affordable Housing means rental housing and ownership housing which is subject to a
permanent restriction that limits the maximum rent or maximum sales price to the
AMIs adopted by the Department of Local Affairs, set forth in Colorado Revised
Statute §29-32-101 et. seq., as may be amended from time to time, subject to any
specific rural resort waiver granted to the Town of Avon by the Department of Local
Affairs.
(b) AMC means the Avon Municipal Code, as may be amended from time to time.
(c) AMI means the annual Area Median Income maximum rent and income limit tables
adopted by the U.S. Department of Housing and Urban Development ("HUD") and
published by the Colorado Housing and Finance Authority ("CHFA"). -
(d) Applicant means the applicant for an Eligible Development Application.
(e) Community Housing means Community Housing as defined in AMC 3.14.020.
(f) Eligible Development Application means an application for development which is
eligible for this Fast Track Review process as further defined in Section 4.(a) below.
(g) Fast Track Review means the expedited review and approval process adopted by these
Fast Track Affordable Housing Development Application Review Policies.
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(h) Mixed -Use Project means a project that includes deed restricted affordable housing and
other uses, such other uses include but are not limited to free market residential,
Community Housing which does not meet the definition of Affordable Housing,
commercial, industrial, and public facilities.
4. Applicability
(a) Eligible Development Application means a development application which is (1) one,
or more, of the development application types listed in sub -section (b) below, and (2) at
least 50% of the proposed residential development is Affordable Housing or the Town
has approved a request for the Fast Track Review process in accordance with sub-
section (f) below.
(b) Applicable Development Applications.
(1) Development Plan, including Site Plan, review set forth in AMC 7.16.080.
(2) Building Permit set forth in AMC Title 15.
(3) Variance set forth in AMC 7.16.110.
(4) Special Review Use set forth in AMC 7.16.100.
(5) Review of Alternative Design set forth in AMC 7.16.120.
(6) Review of a Development Bonus set forth in AMC 7.16.170.
(7) Planned Unit Development set forth in AMC 7.16.060 which does not include
zoning use approval or a subdivision of land.
(8) Review of construction or engineering documents that are part of a standalone
application type or are required by local regulations to be included in the types of
applications listed above.
(9) Modifications of development plan, development permit, variance, or required
construction or engineering documents following initial approval of an Affordable
Housing project - - - -_ - - - - - -
(c) Exempt Development Applications. The following development applications are not
eligible for the Fast Track Review process:
(1) Pre -Application Reviews set forth in AMC 7.16.020(a)
(2) Comprehensive Plan Amendment set forth in AMC Chapter 7.16.030.
(3) Code Text Amendments set forth in AMC 7.16.040.
(4) Zoning set forth in AMC 7.16.050.
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(5) Subdivisions set forth in AMC 7.16.070.
(6) Vested Property Rights set forth in AMC 7.16.140.
(7) Sign Permits set forth in AMC 7.16.160.
(8) Appeals set forth in AMC 7.16.180.
(9) Annexations set forth in AMC Chapter 7.36.
(10) Non -Residential Building Permits set forth in AMC Title 15.
(11) Construction and Engineering Drawings required for any Exempt Development
Application.
(12) Any application for which the Developer affirmatively opts out of this Fast Track
Review process.
(d) The Applicant must elect the Fast Track Review when submitting a development
application.
(e) The Fast Track Review process only applies to the Affordable Housing portion of a
mixed -use or mixed -income development project.
(f) An Applicant may request Fast Track Review process for projects with less than 50%
of residential units constitute Affordable Housing or projects with at least 50%
Community Housing residential units which may exceed the AMI limits set forth in the
definition of Affordable Housing. The Community Development Director shall
determine if the Fast Track Review process is appropriate by considering the
complexity of the project, compatibility with adjacent properties in terms of mass and
scale, and the overall quantity of Affordable Housing or Community Housing
residential units.
5. Best Practices. The following best practices are adopted as guidance to facilitate efficient
and expeditious review of Eligible Development Applications:
_ (a) Efficient.Pre-Application Conference Process. The Pre -Application Conference
process is intended to inform the Applicant of all requirements, details and aspects of a
development application that are required to comprise a complete application as well as
provide guidance on compliance with applicable development application review
criteria. Staff should provide guidance to the Applicant on specific topics and details to
discuss prior to the Pre -Application Conference and should provide a written summary
to the Applicant after the Pre -Application Conference of guidance and details
discussed.
(b) Derined Schedule and Due Dates. Staff should identify all target review dates for the
Avon Planning and Zoning Commission, Avon Town Council and any other applicable
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review entity, including the due dates to publish notices and due dates to submit
materials for review and inclusion in public meeting packets. Staff should promptly
communicate any issues, need for additional information or changed circumstances,
that may affect the schedule. NOTE: In order to meet the 90 day timeframe for
development applications that require public hearings and review by both Avon
Planning and Zoning Commission and Avon Town Council, both review entities may
need to strive for review and recommendation or review and action with only two
regularly scheduled meetings. If additional meetings and public hearings are desired
then special meetings may need to be scheduled to meet the 90 day timeframe for a
final decision.
(c) Concurrent Review. Concurrent review of multiple application types is permitted and
encouraged in accordance with AMC 7.16.020(b)(4).
(d) Coordinate with External Review Agencies. Staff shall strive to identify any required
external review agencies at the Pre -Application Conference and shall strive to notify,
coordinate and facilitate the prompt review of Eligible Development Applications by
such external review agencies.
(e) Expand Eligibility. Staff shall strive to approve requests for the Fast Tract Review
process in accordance with Section 4.(f) above to facilitate and expedite other
development applications that propose workforce housing dedicated to full-time
residents.
(f) Continuous Process Improvement. This Fast Track Review process shall be regularly
re-evaluated to determine practices and procedures that may be improved to further
facilitate the approval of new workforce housing development.
(g) Other Development Types. This Fast Track Review process includes additional
development types which are applicable as set forth in Section 4.(b) above.
(h) Appeals Process. The Town's appeal process set forth in AMC 7.16.180 includes
defined timeframes which expedite setting a hearing and rendering a decision on
appeals.
-6...- Determination of Complete Application. Eligible Development Applications_ shall- be
submitted and processed in accordance with AMC 7.16.020 and shall be determined
complete in accordance with AMC 7.16.020(c)(1). The 90 day period for a Final Decision
shall begin tolling on the day that the Town notifies the Applicant in writing that an
Eligible Development Application is complete.
7. Final Decision within 90 days. A final decision on Eligible Development Applications
shall be made within 90 days subject to the following guidelines: .
(a) 90 starts on day that the Eligible Development Application is determined complete.
(b) The 90 days shall run continuously from the first day.
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(c) Avon Town Council makes the final decision, which shall be documented by adoption
of the Findings of Fact and Record of Decision, as defined in Avon Development Code
set forth in AMC Title 7.
(d) Post approval actions and administrative implementation, such as signatures,
recordation of documents, are not required to be completed within 90 days.
(e) The 90 day timeframe to render a final decision may be extended as described in
Sections 8. and 9. below.
(f) Withdrawal of a project and resubmittal of a new development application results in a
90 day timeframe commencing from the day the new development application is
determined to be complete.
8. Extension Request by Applicant. The Applicant may request an extension of the 90 day
timeframe for review and final decision on an Eligible Development Application per the
following guidelines:
(a) The Applicant may request an extension for up to an additional 90 days at Applicant's
discretion.
(b) The Applicant may request an extension to comply with state law or court order for an
additional 90 days and then any further extension will be at the discretion of the Town.
(c) The Applicant may request an extension to address comments from third party review
agency with approval authority over the project for an additional 90 days and then any
further extension will be at the discretion of the Town.
(d) The Applicant may request an extension to prepare and submit additional information
for an additional 90 days and then any further extension will be at the discretion of the
Town.
9. Extension Request by Town. Town may extend the Fast Track Review process by an
additional 30 days to address comments or concerns that arise during development review
by providing written notice of such extension to the Applicant. The Applicant is
encouraged, but not required, to respond within 5 business days
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