PZC Packet 071922_______________________________________________________________________________
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.
1
AVON PLANNING & ZONING COMMISSION
MEETING AGENDA
TUESDAY, JULY 19, 2022 - MEETING BEGINS AT 5:00 PM
100 MIKAELA WAY – **SECOND FLOOR MT. HOLY CROSS ROOM – AVON TOWN HALL
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM
4. PUBLIC HEARING – MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR FENCE | 2480
SADDLERIDGE LOOP FILES #MNR22015 & AEC22003 (PLANNER 1+ M AX MORGAN)
5. CONTINUED PUBLIC HEARING – TEMPORARY USE PERMIT FOR CONSTRUCTION STAGING | 332 E. BEAVER CREEK
BOULEVARD & N. POST BLVD | FILE #TMP22002 (PLANNING DIRECTOR MATT PIELSTICKER)
6. CONTINUED PUBLIC HEARING – CODE TEXT AMENDMENTS FOR SHORT TERM RENTAL REGULATIONS | FILE
#CTA22002 (SENIOR PLANNER JENA SKINNER)
7. CONSENT AGENDA
7.1. JULY 5, 2022 PLANNING AND ZONING COMMISSION MEETING MINUTES
8. STAFF UPDATES
8.1. AMERICAN PLANNING ASSOCIATION, COLORADO CHAPTER ANNUAL CONFERENCE SEPTEMBER 28-30
8.2. LA ZONA KICK-OFF
9. ADJOURN
[970.748.4014] [mmorgan@avon.org]
TO: Planning and Zoning Commission FROM: Max Morgan, Planner 1+
RE: MNR22015 and AEC22005 - PUBLIC HEARING
Lot 53, B1, Wildridge Subdivision / 2480 Saddle Ridge Loop
DATE: July 7, 2022
STAFF REPORT OVERVIEW: This staff report contains two applications for consideration by the Planning
and Zoning Commission (“PZC”): Minor Development Plan and Alternative Equivalent Compliance (“AEC”)
for a proposed fence on the property (“the Application”).
SUMMARY OF REQUEST: Bob Yost (“the Applicant”) proposes a 4 foot tall, two-rail split rail fence with
wire mesh to enclose a portion of the property. Fences in Wildridge are subject to strict standards, detailed
below. Deviation from the Avon Development Code (“ADC”) for material requires an AEC application,
public hearing, and final decision by this board. This application specifically requests that wire mesh is
applied to the wood fencing material, which deviates from the ADC, thus an AEC is required.
PUBLIC NOTICE: Notice of the public hearing was published in the July 8, 2022 edition of the Vail Daily in
accordance with Sec 7.16.020(d) of the ADC. Mailed notice is not required for this application type. There
have been no public comments received.
[970.748.4014] [mmorgan@avon.org]
Page 2 of 5
PROPERTY DESCRIPTION: The Property is located on the northern section of Saddle Ridge Loop in the
Wildridge Subdivision. The property contains a single-family residence, and adjacent properties contain
mostly duplexes and multiplexes.
RECOMMENDATION: I recommend that PZC take action to approve both applications based on
compliance with the review criteria as outlined in this report. Suggested review criteria and findings are
included below.
ALTERNATIVE EQUIVALE NT COMPLIANCE
7.16.120 ALTERNATIVE EQUIVALENT COMPLIANCE: Alternative equivalent compliance is a procedure
that allows development to meet the intent of the design -related provisions of the code through an
alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure
permits a site-specific plan that is equal to or better than the strict application of a design standard specified
in the Development Code. This procedure is not intended as a substitute for a variance or administrative
modification or a vehicle for relief from standards in this Chapter. Alternative compliance shall apply only to
the specific site for which it is requested and does not establish a precedent for assured approval of other
requests.
REVIEW CRITERIA: §7.16.120(d):
1. The proposed alternative achieves the intent of the subject design or development
standard to the same or better degree than the subject standard;
2. The proposed alternative achieves the goals and policies of the Avon Comprehensive
Plan to the same or better degree than the subject standard;
3. The proposed alternative results in benefits to the community that are equivalent to or
better than compliance with the subject standard; and
4. The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of this Title
Staff Response: The fence will be installed with mesh to keep pets in the yard, and at-large animals out of
the yard. The wire mesh should be minimally visible. While the fence deviates from the design standards
for Wildridge, this fence type is not obtrusive and does not impact the neighborhood as a whole. It is
integrated with the property, specifically the layout of the yard, and does not impact views. Staff finds that
the Application achieves the intent of the development standards to the same degree without causing great
impacts on adjacent properties.
MINOR DEVELOPMENT PLAN – REVIEW CRITER IA
REVIEW CRITERIA: §7.16.080(g):
1. Evidence of substantial compliance with the purpose of the Development Code as
specified in 7.04.030, Purposes;
Staff Response: Staff finds the Application generally complements the property and intent of the subject
design standards.
[970.748.4014] [mmorgan@avon.org]
Page 3 of 5
2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted
plan documents;
Staff Response: The site is located in the Northern Residential District (District 11 of the Comprehensive
Plan, linked below), which states, “The character for the developed landscape should reflect the area’s dry
climate and typically steep terrain with low water-requiring plant materials and natural landscaping. Due to
the limited number of existing trees ands shrubs and the open character of the property, special care
should be taken to ensure that all structures are compatible with one another and in harmony with the
natural surroundings.”
Despite the wire mesh not conforming to code, it is supported by staff due to the limited impacts to the
natural surroundings. Additionally, the fence with the wire mesh reduces negative, distressing interactions
between domestic pets and wildlife without unreasonable restrictions of availab le habitat and wildlife
migration patterns.
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: Properties throughout Wildridge have received approval for similarly designed fences.
Many successful applicants cited an intention to reduce impacts to wildlife by preventing interactions
between pets and wildlife, similar to this application.
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 analysis contained in this staff report, including AEC analysis, addresses all
applicable ADC standards.
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: Not applicable.
6. That development design conforms with the character of the surrounding community;
or, where redevelopment is anticipated, relates the development to the character of
Avon as a whole.
Staff Response: The Wildridge subdivision includes a variety of architecture for structures, and most
landscaping is minimized with native grasses, primarily aspen and spruce trees, boulder retaining walls,
and minimized sod areas. The Applicant’s home is true to the nature of the surrounding community, and
the addition of a fence maintains the overall character.
AEC22005 – RECOMMENDED MOTION: “I move to approve Case #AEC22005, an Alternative Equivalent
Compliance application for Lot 53, Block 1, Wildridge Subdivision together with the findings as
recommended by staff.”
Findings:
1. The proposed application was reviewed pursuant to 7.16.120, Alternative Equivalent Compliance;
[970.748.4014] [mmorgan@avon.org]
Page 4 of 5
2. The proposed alternative achieves the intent of the subject design or development standard to the
same or better degree than the subject standard;
3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same
or better degree than the subject standard;
4. The proposed alternative results in benefits to the community that are equivalent to or better than the
compliance with the subject standard;
5. The proposed wire mesh does not impose greater impacts on adjacent properties than would occur
through compliance with the specific requirements of the Avon Municipal Code (“AMC”).
MNR22015 – RECOMMENDED MOTION: “I move to approve Case #MNR22015, a Minor Development
Review application for Lot 53, Block 1, Wildridge Subdivision together with the findings as recommended by
staff.”
Findings:
1. The proposed application was reviewed pursuant to 7.16.080(f), Development Plan;
2. The design meets the development and design standards established in the Avon Dev elopment Code,
with alternative design approved by AEC application;
3. The application is complete;
4. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
5. The application complies with the goals and policies of the Avon Comprehensive Plan;
6. The demand for public services is unaffected; and
7. The design of the fence relates to the character of the surrounding community and other similar
improvements in Wildridge
ALTERNATIVE ACTIONS:
• Deny the application: If the wire mesh is disagreeable to PZC, staff suggests denying the
application after considering public comments.
• Continue the Public Hearing: If PZC feels that more information is needed, staff suggests
continuing the applications to your next regularly scheduled meeting.
FENCE REGULATIONS: Section 7.28.080(b), of the ADC offers the following intent and design of fence
structures in Wildridge:
“Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the
Avon Planning and Zoning. 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 and no more than four (4) feet in height;
(ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal
rails;
(iii) Fences shall not be located closer than seven and one -half (7.5) feet from the property
lines;
[970.748.4014] [mmorgan@avon.org]
Page 5 of 5
(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.”
Staff Response: The Application fences in the rear portion of the applicant’s yard. The fence is integrated
with an existing retaining wall, is not located on a property line, is less than 1,200 sq. ft of area, and is
generally consistent with other fence installations in the neighborhood.
Other examples from the Wildridge neighborhood include: 2458 Unit 1 Draw Spur (2017), 2511 Old Trail
(2019), 2646 Bear Trap (2019), 2345 Fox Lane (2019), 5749 Wildridge Road East (2020, 5161 Long Sun
Lane (2021), and 2458 Unit 4 Draw Spur (2022).
ATTACHMENT:
A. Application Materials
TO: Town of Avon Planning and Zoning
FROM: Nicole Folino and Bob Yost
DATE: May 23, 2022
RE: 2480 Saddle Ridge Loop – Wildridge
Minor Design & Development Plan for Fence
Description of Project:
We are seeking approval to construct a split-rail fence on our property at 2480 Saddle Ridge Loop. The
purpose of this fence is to allow our dog to be let out and not run off chasing wildlife. The property
currently has an existing MSE block retaining wall that separates the landscaped portion of the yard
from the native portion. We are asking for approval to essentially close off the areas on the side of the
home to the existing retaining wall. This would require approximately 50 LF of two rail split-rail fence
with 2”x4” wire mesh on the fence. Gates would be installed in the fence on each side of the home.
The native portion of the property would be left undisturbed for wildlife migration.
Thank you for your consideration.
6/10/22, 1:29 PM Account
https://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R022982 1/1
Account: R022982
Location Owner Information Assessment History
Situs Address 002480 SADDLE RIDGE
LP
Tax Area SC001 - AVON (TOWN) -
SC001
Parcel Number 1943-353-05-036
Legal Summary Subdivision:
WILDRIDGE SUBDIVISION Block: 1
Lot: 53
Owner Name FOLINO, TAMARA
NICOLE
Owner Address 3009 OLYMPIA CIR
EVERGREEN, CO 80439-8833
Actual (2022)$1,086,270
Assessed $75,490
Tax Area: SC001 Mill Levy: 62.6170
Type Actual Assessed Acres SQFT Units
Improvements $823,770 $57,250 0.000 3793.000 0.000
Land $262,500 $18,240 0.710 0.000 0.000
Transfers
Sale Date Sale Price Doc Description
10/01/1986 $40,000 WARRANTY DEED
03/01/1990 $40,000 WARRANTY DEED
10/31/1990 $13,500 WARRANTY DEED
12/01/1997 QUIT CLAIM DEED
12/01/1997 $73,000 WARRANTY DEED
11/22/1999 QUIT CLAIM DEED
11/22/1999 QUIT CLAIM DEED
05/27/2003 QUIT CLAIM DEED
12/02/2005 $920,000 WARRANTY DEED
12/12/2013 LETTERS
03/26/2014 PERSONAL REPRESENTATIVE DEED
03/28/2014 $787,900 WARRANTY DEED
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Date of issue Jul 7, 2022
Date due Aug 7, 2022
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Publisher Vail Daily
Bill to
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$104.82 due August 7, 2022
=== Notes ===
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Notice of Regular Avon Planning and Zoning Commission Meeting
100 Mikaela Way, Avon
July 19, 2022 at 5:00 p.m.
File Number: MNR22015 and VAR22003
Application Type: Minor Development Review application (MNR) and Alternative Equivalent
Compliance application (AEC)
Applicant: Bob Yost
Owner: Nicole Folino
Legal: L53 B1 Wildridge
Address: 2480 Saddle Ridge Loop
Summary: Application for a split rail fence with wire mesh. All new fence construction
in Town requires an MNR application. The addition of mesh wiring
deviates from the Avon Development Code and requires an AEC
application to be reviewed by the Planning and Zoning Commission
(PZC).
Copies of the application materials may be found at www.avon.org/planning under “Current
Applications”. Written comments may be submitted to Brenda Torres, Town Clerk, at
btorres@avon.org no later than 12pm on the hearing date.
970-748-4413 matt@avon.org
Page 1 of 4
TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Town Planner
RE: TMP22002 – PUBLIC HEARING – Construction Staging
DATE: July 11, 2022
SUMMARY OF REQUEST: BGV Avon Construction, LLC (“Applicant”) requests a temporary use permit for
construction staging and storage on two properties: 1) 332 East Beaver Creek Boulevard aka “North Rodeo
Lot”, and 2) “Tract A” – a parcel above the intersection of Post Boulevard and Swift Gulch Road. The
staging is related to the Frontgate project under construction on Highway 6.
PROPERTY DESCRIPTIONS: The North Rodeo lot is a parking lot, directly east of the Salvation Army facility
on East Beaver Creek Boulevard. The site has been previously used for rodeo parking, skier parking, and
circus parking. The site slopes down, north to south, from the interstate to East Beaver Creek Boulevard.
The ground surface is gravel and there are no other improvements to the area.
Proposed Use: Worker Parking and storage in Connex containers. A portable restroom and snow
storage area are indicated on the plans (“Attachment A”). Monday through Saturday 6am-7pm are
proposed hours of operation.
Tract A is a site that has been used for gravel crushing operations and construction staging for other projects.
Most recently, this area was utilized by the Eagle River Water and Sanitation District for construction staging
for the water tank construction in the area. The site is heavily disturbed but includes flat areas for laydown of
materials.
Proposed Use: Precast Concrete staging area. Trucks will utilized Post Boulevard to Highway 6 to
access the job site.
PROCESS: The subject properties are located in the Village (at Avon) Planned Unit Development and are
subject to the Village (at Avon) PUD Guide. The Village (at Avon) PUD Guide states that Temporary Uses
shall be allowed in accordance with the procedural requirements of the Avon Development Code. Additionally,
The Village (at Avon) DRB must approve all uses. The Village (at Avon) DRB took action (“Attachment B”)
to approve the use, with conditions to comply with any other conditions of a Temporary Use permit and to
include green screen around entire site.
The Avon Development Code Temporary Use permits lasting over 30 days require a public hearing and PZC
decision. PZC can approve Temporary Use applications for up to three (3) years, subject to renewal with a
subsequent public hearing. Appeals go to the Avon Town Council.
PUBLIC NOTICE: A notice was published in the Vail Daily preceding the initial public hearing date (July 5,
2022). There were no other property owners within 300’ of the activities and therefore mailed notification was
deemed unnecessary. No public comments have been received on this application.
REVIEW CRITERIA: Undesignated uses and activities are classified as requiring a Temporary Use Permit
when the activity is not related to a building permit on the subject lot. The following review criteria serve as
the basis for a decision on the application.
1. The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of
970-748-4413 matt@avon.org
Page 2 of 4
conditions on such temporary use or structure. Such negative impacts to consider include, but are
not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety,
soil and vegetation disturbance, natural resource impacts and reasonable expectations of
enjoyment of property based upon zone district designations and community planning documents;
Staff Response: Visual and noise concerns, particularly with the North Rodeo lot, should be
mitigated by requiring full screening of site fencing and adherence to the Town’s construction hour
policy. No construction activities that produce noise are permitted outside the hours of 7am-7pm
Monday-Saturday, and 9am-6pm Sundays and holidays.
2. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire
protection, roads and transportation, as applicable) will be available to serve the proposed
temporary use or structure while maintaining adequate levels of service for existing development;
Staff Response: The sites are accessible and served by all applicable services.
3. The temporary use shall comply with all applicable general and specific regulations of this Section,
other Town ordinances, and state and federal law unless otherwise expressly stated;
Staff Response: All regulations must be adhered to, and some notable regulations are cited in the
recommended conditions of approval for clarity.
4. The applicant has demonstrated that he or she possesses the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
Staff Response: BGV Construction Avon, LLC is a subsidiary of Breckenridge Grand Vacations, a
reputable entity with extensive construction experience in the mountains.
5. The temporary use or structure is not of a nature that will become impractical to cease or remove
over time;
Staff Response: There are no concerns with these uses becoming impractical to cease or remove.
6. Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary
use or structure ceases;
Staff Response: Staff recommends a condition of permit requiring property restoration to pre-
existing condition or better.
7. All temporary signs associated with the temporary use or structure shall be properly permitted
pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires,
whichever occurs first;
Staff Response: The Avon Development code exempts construction signs. There are two signs
located at the entrance to the North Rodeo site, which would need to be removed when the use
stops.
8. The temporary use or structure shall not violate any applicable conditions of approval that apply to
a principal use on the site;
970-748-4413 matt@avon.org
Page 3 of 4
Staff Response: Not applicable.
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits, such as food service or building permits;
Staff Response: Not applicable.
10. The temporary use or structure, including any associated parking and traffic circulation, shall not
disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains
and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to
the condition that existed prior to the temporary use or structure;
Staff Response: Any site disturbances will be mitigated by the Applicant.
11. Tents and other temporary structures shall be located so as not to interfere with the normal
operations of any permanent use located on the property, shall be anchored and meet the
requirements of the Building Official, including fire rating;
Staff Response: Not applicable.
12. Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable
parking plan shall be approved with the temporary use or structure;
Staff Response: Parking on Highway 6 is not permissible. Therefore, the North Rodeo lot will be
used for off-site construction vehicle parking because Frontgate’s site is too constrained for any
volume of construction vehicles.
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services to
meet existing public service demands or the applicant agrees to mitigate the increased demands
for public services;
Staff Response: There are no increased demands on public services with this proposal..
14. The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property;
Staff Response: No clear and present danger is presented with the two staging areas. Tract A has
been safely used for construction staging activities for a number of years without incident. The North
Rodeo lot will be fenced and secure.
15. Another temporary use permit application has not been received prior in time or has already been
approved for the same time and place requested by the applicant or so close in time and place to
that required by the applicant that the issuance of both permits would cause undue traffic
congestion;
Staff Response: No applicable.
16. The location of the temporary use or structure will not substantially interfere with any construction or
maintenance work scheduled to take place upon Town streets; and
970-748-4413 matt@avon.org
Page 4 of 4
Staff Response: East Beaver Creek Boulevard is currently being designed to extend to the west
from Piedmont apartments to a point before (east of) the North Rodeo lot. If that road construction
commences in 2022 or 2023 it should not have any substantial impact on that construction work.
Motorists accessing the staging site would need to obey road closures or any other typical traffic
controls.
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby properties;
however, in no event shall a temporary use be granted for more than three (3) years.
Staff Response: Little to no impact is expected for adjacent properties of the recommended
conditions of approval are adhered to.
STAFF RECOMMENDATION: I recommend conditional approval of the Temporary Use application with the
following findings and conditions:
Findings:
1. The application qualifies as a Temporary Use Permit subject to review according to
§7.16.020 of the Development Code;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the
application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan; and
5. There is no extra demand for public services or infrastructure exceeding current capacity by
the application.
Conditions:
1. The approval is valid until June 21, 2023;
2. Fencing and green mesh screening will be installed at entirety of North Rodeo site.
3. Limitations on construction activities that produce audible noise at the property lines are
limited to the house of 9am-6pm on Sundays and holidays, and 7am-7pm on other days.
4. Dust will be mitigated.
5. No hazardous materials will be stored on the properties.
RECOMMENDED MOTION:
“I move to approve case #TMP22002, a Temporary Use Permit for Construction Staging activities, together with
the findings of fact and conditions as recommended by Staff.”
OPTIONAL ACTIONS:
• Continue to future public hearing date.
• Deny based on cited non-conformance with Review Criteria.
ATTACHMENTS:
A. Site Plans
B. Village (at Avon) DRB Approval
ATTACHMENT B
970-748-4030 jskinner@avon.org | mmorgan@avon.org
TO: Planning and Zoning Commission FROM: Jena Skinner, AICP, Senior Planner
RE: PUBLIC HEARING: Short Term Rentals
Code Amendments - File # CTA22002
DATE: July 15, 2022
SUMMARY: This report presents the Town of Avon’s application to amend the Avon Development Code
and related business licensing requirements for Short Term Rentals to establish a maximum cap on short-
term rental licenses in the Short Term Rental Overlay zone district and Outside the Town Core. Planning &
Zoning Commission (“PZC”) reviewed the application at a public hearing on July 5, 2022. PZC members
expressed the need for more time to think about the complexities and impacts of Short Term Rental
regulations and limitations and continued the public hearing to June 19, 2022.
Avon Town Council directed Staff to prepare and submit a formal application for Avon Municipal Code
Amendments to establish limits on Short Term Rental (“STR”) licenses. Proposed Code Text Amendments
(“Attachment A”) are presented to the PZC. PZC is required to conduct a public hearing before taking
action to provide a recommendation to Council on proposed code amendments. Avon Town Council is
scheduled to review PZC recommendations at a July 26, 2022 public hearing. Council implements code
amendments through adoption of an ordinance.
Short Term Rental licenses for properties outside the Town Core and still within the Short Term Rental
Overlay zone district would be limited to 15% of total number of residences on such property. Any existing
STR Licenses on the effective date of these Code Amendments would be grandfather and permitted to
continue even if the total number of STR licenses was more than 15%, as discussed below. In addition,
there would be no limit on Resident Occupied Short Term Rentals (“STR-RO”) or Limited Short Term
Rentals (“STR-L”) which allow up to 42 days per calendar year of short term rentals. See discussion below.
Council expressed a desire to proceed expeditiously with review of STR license regulations and potential
limits and therefore requests PZC to provide a recommendation before the July 26, 2022 Avon Council
meeting. The proposed code text amendment application seeks to modify the Avon Municipal Code
affecting Title 3, Revenue and Finance specifically, §3.12.020. Definitions, Title 5 Business Licenses,
specifically, §5.04.050. Short Term Rentals, Title 7: Development Code, specifically, §7.08.010 General
Definitions, §7.20.090 Overlay Districts, §7.24.050 Use Specific Regulations, and, includes modifications to
the Town Core Map, which is utilized within Title 7.
PROCESS: The process for Code Text Amendments is set forth in AMC 7.16.040. PZC is required to
conduct a public hearing before providing a recommendation to Council. PZC may continue the public
hearing on any development application for up to 65 days without the consent of the applicant per AMC
7.16.020(e) and then has 35 days to make a recommendation and issue written findings. Council has
requested PZC to provide recommendation by the July 19, 2022 PZC meeting so that Council can consider
adoption of any ordinance on first reading at the July 26, 2022 Council meeting. However, PZC has the
authority to continue the public hearings until as late as the September 4, 2022 PZC meeting.
PZC Report: Code Amendments for Short Term Rentals
Page 2 of 7
PZC JULY 5, 2022 RECAP: PZC members expressed several questions and concerns about the
proposed limits on Short Term Rentals. These comments included:
1. What is the expected outcome or effect of limits on Short Term Rentals?
2. How is the boundary set? Are there legal concerns?
3. Can Short Term Rentals be prohibited throughout Avon?
4. What is the change in proportionate share of Short Term Rentals?
5. Are there unintended impacts or consequences of these Short Term Rental regulations?
Responses to PZC’s comments and questions are as follows:
Expected Outcome Of Limits On Short Term Rentals: This Code Amendment Application would not
affect Short Term Rental licenses inside the Town Core area, so there is no expected impact on Short
Term Rental licenses inside the Town Core. Furthermore, front-desk properties and luxury residential
properties typically do not have a majority of short term rentals so we do not anticipate that limiting short
term rentals outside the Town Core will cause a measurable increase in short term rental licenses in the
Town Core.
Staff does not expect limits on STR licenses will directly result a reduction in rental costs or increase in
available residential units for long term rent. Rather, Staff believes that this is an effective and appropriate
regulation to prevent significant conversion of existing residential to short term rental use over the next 2-5
years.
Short Term Rental regulations are just one tool to promote Community Housing. Staff and the Town are
actively working on a variety of other Community Housing projects concurrently with these Short Term
Rental regulations. The focus of this application is to review and update STR regulations established in
2009 when STRs were a less common use in historically residential developments. These amendments
strictly implement recommendations that were established as part of the 2021 Town of Avon Housing Plan
that recognizes it is an appropriate time to update the existing STR regulations, much like other similar
towns are also implementing.
Establishing Boundaries: The Town has broad discretion to setting boundaries for land use regulations
and business licensing regulations. There is a due process obligation to notify property owners of any
potential changes in regulations which may affect their property. Staff, at the direction of Council, has
provided mailed notice to each property owner in the Short Term Rental Overlay Zone District in advance of
both Council’s meeting on Ordinance No. 22-08 and in advance of this application and public hearing
before PZC. The mailed notice is more than the general posting of notice required under the Avon
Municipal Code. The proposed boundary line is the Town Core, with modifications to include several
properties on the periphery of the existing Town Core. The rationale for this area is that practically all
accommodations are located within this Town Core area, including the Westin hotel, Comfort Inn hotel, time
share developments like Sheraton Mountain Vista, Christie Lodge, Wyndham, and properties with front
desks like Avon Center and Seasons. The expansion of the Town Core is proposed to include Falcon
Point, Base Camp, Ascent, Canyons, Stone Creek and Front Gate (currently under construction). The
PZC Report: Code Amendments for Short Term Rentals
Page 3 of 7
proposed expansion of the Town Core is intended to capture properties which have a history of short term
rentals, amenities oriented towards visitors, or a luxury price point that is unrealistic for long-term residential
rental.
Properties outside the Town Core area include residential properties which have historically had a lower
percentage of short term rental use and which are further from the Town Core area. Establishment of a
boundary for land use and business license regulations involves a degree of policy setting and politics. As
with any boundary there will be adjacent property owners on either side. The proposed boundaries have
been reviewed and approved by the Town Attorney.
In an effort to minimize the impact on residential property owners who would be outside the proposed
boundary the proposed amendments would not apply the STR license cap to existing STR licenses which
can continue as a grandfathered use until the property is transferred; would not apply to Resident Occupied
Short Term Rentals, and would not apply to Limited Short Term Rentals of up to 42 days per calendar year.
Prohibit All Short Term Rentals: The nature of time shares and condo-hotels (like the Westin)
complicates this question. Technically, timeshare properties are residential properties. If timeshare
properties and the Westin were excluded, in theory it may be legal to prohibit short term rentals everywhere
else in Town. It is highly likely, if not certain, that there would be some legal challenge to such a drastic
change. Staff does not believe there would be any meaningful benefit of such a sweeping prohibition with
regard to increasing the availability of residential for long-term use or with regard to decreasing rental costs.
Also, such a prohibition would likely have a measurable negative effect on existing revenues, both in terms
of lodging tax and visitor spending in Avon.
Change in the Proportionate Share of STR Licenses: Staff collected short term rental license data on
each property within the Short Term Rental Overlay Zone District for the last three years. The percentage
of STR licenses inside the Town Core area (as proposed) increased from 15% in 2020, to 16% in 2021 to
19% in 2022 [26% increase in STR licenses]. The percentage of STR licenses outside the Town Core
has increased from 4% in 2020, to 6% in 2021, to 7% in 2022 [75% increase in STR licenses].
Staff finds that this data supports two findings: (1) the percentage of STR licenses outside the Town Core
is very low and (2), the area outside the Town Core has experienced a significant increase in STR licenses
over the last 3 years.
Unintended Impacts or Consequences: The adoption of any regulation can result in unintended
consequences and impacts. The public notification and public hearing process is the best method to solicit
comments and input from residential properties for consideration by PZC members and Staff. Staff
believes the use of grandfathering provisions for existing STR licenses along with allowance of Resident
Occupied Short Term Rentals and Limited Short Term Rentals mitigates unintended consequences for
property owners. Staff believes preserving existing neighborhoods and properties which are predominantly
long-term residential use is positive and does not foresee a community need for increased STR licenses
outside the Town Core.
COUNCIL WORK SESSIONS: The following table captures the varying levels of Council support for
various aspects of STR regulations to date, and where PZC can assist with providing recommendations for
final action:
PZC Report: Code Amendments for Short Term Rentals
Page 4 of 7
Options No Longer Being Considered Options Achieving Support By TC Options Needing Additional Review by PZC
Moratorium Expanding Town Core (as presented) Percentage Cap Amount (20-50%
was too high) Unlimited STR Licenses Unlimited Resident Occupied STRs
Geographic Criteria for
Limiting Caps
Unlimited STRs in Town Core &
PUDs
Primary Resident Component
(E.g., Avon resident unit owners vs. out-
of-town unit owners)
Intensive Admin Oversight Percentage-based Cap - Outside
Town Core
Allowing Limited Rentals per Year
Despite Cap (i.e. part-time and
seasonal owners)
Council reviewed a wide variety of STR regulation strategies. Council expressed general support for an
expanded Town Core (“Attachment B”).
COUNCIL DIRECTION: Council adopted this overall mission statement at its meeting on June 14, 2022:
Mission Statement: Update and strengthen housing policies to increase the year-round
occupancy of the existing housing stock by limiting the rapid conversion of residential
properties to properties used specifically for STRs.
Staff used this mission statement as the basis for these proposed STR regulations. Council directed Staff to
incorporate STR caps as part of the proposed regulations. These caps will limit the number of STR
licenses issued for residences outside the Town Core area. Council desires recommendations from PZC
regarding the type and/or method of how the caps are implemented.
Council desires to establish appropriate limits on STR licenses in appropriate areas and looks to PZC for
review and recommendations. Council members expressed strong support for a cap or limit on Short Term
Rental licenses but also expressed a wide diversity of views on the manner of establishing a cap. The
general direction from Council at the June 14, 2022 Council meeting was to consider a limitation on
STR licenses for properties INSIDE the STR Overlay Zone District and OUTSIDE the Town Core
area. Council also expressed support for a limitation for each property based on a percentage of the total
residential units on each property.
TOWN CORE MAP: The STR program and licensing as proposed will correlate with an amended Town
Core map. The reference to the Town Core map provides an efficient and intuitive boundary area for
unlimited STR licenses and areas which would be subject to a cap on STR licenses. The existing Town
Core area already includes the mixed-use commercial and lodging core of Town. The proposed additions
to the Town Core include additional properties which are either timeshares, front-desk properties, or luxury
residential developments.
The proposed boundary for the amended Town Core to establish a defined area for unlimited and limited
STR licenses has been evaluated and approved by the Town Attorney. The establishment of boundaries
for zone districts and other regulations is generally considered to be a legislative matter where the Town
has broad discretion to establish boundaries where regulations differ.
PZC Report: Code Amendments for Short Term Rentals
Page 5 of 7
Proposed Maximum Cap on STR Licenses: Areas in Black are properties subject to the STR Overlay
zoning. Area in Green are existing PUDs.
PROPOSED CODE TEXT AMENDMENT: Specific language amendment for STR license limits is as
follows:
AMC 5.04.050 (g) Limitation of Short Term Rental Licenses. The total number of STR
licenses permitted for a multi-family subdivision property in the Short Term Rental Overlay
zone district and outside the Town Core shall be 15% of the total number of residential
units for such property, with the following exceptions and modifications:
(1) Multi-Family subdivision property shall mean a multi-family residential development
associated with a site-specific subdivision plat approval for such property which typically
has a distinct subdivision name for such property.
(2) The number of allowed STR Licenses shall be rounded up to the nearest whole number
and shall not be less than three (3) for any multi-family subdivision property.
(3) There shall be no limit on Resident Occupied Short Term Rental licenses.
(4) There shall be no limit on Part-Time Short Term Rental licenses which restricts the total
number of Short Term Rental days in one calendar year to a maximum of 42 days.
TRANSITION TO STR LICENSE CAPS: A number of issues are presented with a transition from the
current STR Licensing regulations to a new set of regulation which establishes maximum caps on STR
Licenses.
TOWN CORE
PZC Report: Code Amendments for Short Term Rentals
Page 6 of 7
Grandfathering: Any STR licenses approved by the Town on or prior to the effective date of any
ordinance limiting STR licenses would be “grandfathered” and allowed to continue even if STR
licenses exceed the limit allowed for that property.
Transferability: STR licenses would not be transferrable to new owners, so upon conveyance of
property, the subsequent property owner would be subject to new STR license requirements
including any limitation on STR licenses which are in effect.
STR-RO: Any limit on STR licenses would not apply to Resident Occupied Short Term Rentals
(“STR-RO”). STR-RO licenses require at least one resident who uses the residence as their primary
residence to be present when other bedrooms are rented. Short Term Rental of extra bedrooms is
considered to be a form of promoting affordable home ownership.
STR-L: Council desires to allow part-time owners, second homeowners and seasonal residents to
have the ability to Short Term Rent their residences when not in use for a limited number of days a
year. Staff is proposing a Short Term Rental-Limited license which allows a limited number of days.
STR-L licenses would not be subject to the proposed STR license limits. Staff is recommending 42
days per year, which would allow three weeks in winter and three weeks in summer.
IMPLEMENTATION: If Council adopted Code Text Amendments on second and final reading on August 8,
2022, then the effective date would be September 7, 2022. Shortly after adoption by this ordinance by
Council, Staff would update and revise our public information on Short Term Rental regulations on our
website and would create an informational document that can be easily circulated to owners, prospective
buyers and the realtor community. Staff would also establish a process to calculate and verify the number
of Short Term Rentals allows for properties. Depending on the demand for Short Term Rental licenses,
Staff would develop options for issuing Short Term Rental licenses on a “first-come, first-serve” basis or
would establish a lottery process for each property if there is more demand for Short Term Rental licenses
than available licenses with the maximum limit.
Staff has proposed to Council a timeframe to fully implement the new license fees and Minimum STR
Management License requirements by November 1, 2022. Second reading of Ordinance No. 22-08 is
scheduled for July 26, 2022. A separate ordinance to amend the Avon Municipal Code and establish
limitation on Short Term Rental licenses would take effect 30 days after adoption by Council, which could
be September
PLANNING ANALYSIS: Please see Attachment F for the Planning Analysis on the proposed Code Text
Amendments.
RECOMMENDATION: Jena and Max recommend approval of this Code Text Amendment application
which would set a 15% limit on STR Licenses for each property outside the Town Core area. These
proposed limits on STR Licensing would meet the direction and goals established by Council as well as
implement the adopted goals in the updated Avon Community Housing Plan. Staff also finds that these
amendments provide the best framework for efficient administration of an STR License program.
OPTIONS: Staff heard a diversity of initial reactions from PZC members, ranging from prohibit all STRs in
Avon to make no change to existing regulations in deference to property rights and investor reliance and
expectation for existing regulations. The following options are presented for PZC consideration:
PZC Report: Code Amendments for Short Term Rentals
Page 7 of 7
1. Recommend Approval (see draft Findings of Fact and Record of Decision);
2. Recommend Approval with conditions;
3. Recommend Denial of application (see draft Findings of Fact and Record of Decision); or
4. Continue application to future meeting for additional consideration, including consideration of
additional details or studies if relevant.
It is the prerogative of PZC to recommend denial of the Code Text Amendments if PZC finds that the
proposed cap on STR Licenses does not promote Community Housing, is not equitable with regard to
impacts on property owners’ rights and expectations, is not rational with regard to proposed boundaries, or
for other reasons.
RECOMMENDED MOTION: “I move to recommend approval (denial) of Case #CTA22002, an application
for a Code Text Amendment affecting Short Term Rentals, based on the findings outlined in Staff’s report.”
ATTACHMENTS:
A. Proposed Code Changes B. Proposed Town Core Map
C. Proposed Ordinances
D. STR Trends
E. Public Comments
F. July 5, 2022 Staff Report With An Updated Planning Analysis
ATTACHMENT A
The following document contains the proposed Code Text Amendments for Case #(CTA22002).
The proposed application seeks to modify the Avon Municipal Code affecting:
•Title 3, Revenue and Finance specifically, §3.12.020. Definitions
•Title 5 Business Licenses, specifically, §5.04.050. Short Term Rentals
•Title 7: Development Code, specifically, §7.08.010 General Definitions, §7.20.090 Overlay
Districts, §7.24.050 Use Specific Regulations, and,
•Includes modifications to the TOWN CORE MAP (“TCM”), which is utilized within Title 7.
This document will show STRIKEOUTS, indicating language being removed or changed and with proposed language
being introduced into the Code as shown in RED.
EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110
OF THE AVON MUNICIPAL CODE
TITLE 3.12 REAL PROPERTY TRANSFER TAX
3.12.020 - Definitions is hereby revised by deleting language in strike-out and adding language in double
underline.
3.12.020 - Definitions.
Primary residence means the occupation and use of a residence as the primary residence, which shall be
determined by the Town Manager by taking into account the following circumstances: voter registration in
Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place);
stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle
registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for
income and tax purposes; and such other circumstances as well as such processes for verification and
investigation deemed appropriate by the Town Manager to determine that the buyer is continuously
occupying and using the residence as a primary residence. For purposes of subsection (17)—(19),
occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of
the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days
if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such
extension request is included with the buyer's application for exemption. A person who receives an
exemption for purchase of property as a primary residence shall be permitted to short-term rent, portions of
the residence provided that such person continues to occupy and use the residence as a primary residence
and provided that RO-STR use is allowed and that there is a valid RO-STR License in accordance with
Section 5.04.050. Primary residence status may be maintained if unforeseen circumstances arise that
requires the buyer occupant to temporarily leave the residence for a period not to exceed nine (9) months
with the intent to return, and the buyer occupant leases the residence in their absence to an Eagle County
employee(s), and the buyer occupant receives written approval from the Town Manager.
TITLE 5 BUSINESS TAXES, LICENSES and REGULATIONS
5.04.050 Advertisement of Accommodations Short Term Rentals
5.04.050 Short Term Rentals is here by repealed and re-enacted in its entirety to read as follows:
5.04.050. Short Term Rentals
(a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town prior
to any operation of a Short Term Rental or Resident Occupied Short Term Rental. The Short
Term Rental License shall serve as the Business License for a residential unit. Failure to obtain
and continuously maintain a Short Term Rental License while operating a residential dwelling, or
portion thereof, as a Short Term Rental shall be a violation of this Chapter 5.04.
(b) Short Term Rental Definitions. The following terms are defined and apply to Short Term Rentals
(1) Front Desk or Manager means any arrangement where a property has an on-site front
EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110
OF THE AVON MUNICIPAL CODE
desk or a manager arrangement that oversees more than one Short Term Rental.
(2) Resident Occupied Short Term Rental means any residential property for which a full-time
resident resides at such residential property as that resident’s Primary Residence, as
defined in Section 3.12.020, and for which a portion of the residence including other
bedrooms, but not the entire residence, is rented for fewer than 30 consecutive days.
(3) RO-STR License means a license to operate a Resident Occupied Short Term Rental.
(4) STR License means a license to operate a Short Term Rental or Resident Occupied Short
Term.
(5) Short Term Rental means any residential property for which the entire residence is rented
for fewer than 30 days and is assessed as residential property by the Eagle County
Assessor.
(c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee. The
Short Term Rental License Fee shall be paid annually. License options shall be as follows:
(1) Resident Occupied Short Term Rental: $150
(2) Front Desk/Manager for Time Share: $250 plus $25 for each bedroom in the time
property that is used for short term rental.
(3) Short-Term Rentals:
(i) Studio or One Bedroom: $350
(ii) Two Bedroom: $400
(iii) Three Bedroom: $450
(iv) Four Bedroom or Greater: $500
(d) Minimum STR Management Requirements. The following Minimum STR Management
Requirements shall be continuously met by a STR License holder, including a RO-STR License
holder, and the failure to continuously meet these minimum management requirements shall be
deemed a violation of this Chapter and grounds for denial, suspension, or revocation of a STR
License under this Chapter 5.04. The STR License holder shall sign an affidavit each year upon
obtaining a STR License and renewing such license that shall affirm compliance with these
Minimum STR Management Requirements:
(1) Management Contact. The STR License Holder shall communicate current contact
information for a Management Contact person to all renters who shall be available to
respond to urgent matters, such as water leaks or heating malfunction. The contact
information shall include a cell phone number and email address. The designated
EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110
OF THE AVON MUNICIPAL CODE
Management Contact shall be available to respond to any renter within four (4) hours by
phone or email and shall be available to respond in person, or cause a designee or agent
to respond in person, within twenty-four (24) hours.
(2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License Holder
shall provide and maintain smoke alarms, carbon monoxide alarms, and fire extinguishers
as required to meet minimum building codes.
(3) Maximum Occupancy. The maximum occupancy for any STR License and RO-License
shall be two (2) persons per bedroom and loft area plus two (2) persons.
(4) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must
be cleaned on an annual basis.
(5) General Maintenance. The STR License holder shall continuously maintain the property in
a manner that is fit for occupancy by visitors, including but not limited to all plumbing,
electrical, heating and cooling, and operation of doors and windows.
(6) Parking. The STR License holder shall provide a legal off-street parking space to serve the
STR License which meets the parking requirements of a Development Plan approved by
the Town of Avon or meets the minimum parking requirements set forth in the Avon
Development Code.
(7) Trash and Recycling. The STR License holder shall provide service for trash and recycling
removal and/or access to trash and recycling removal which is located on the property
where the STR unit is located.
(8) Noise. The STR License holder shall communicate to residents that noise which is
disturbing to occupants in other neighboring residential units is not permitted before 8 am
or after 10 pm.
(9) Nuisances. The STR License holder shall communicate to residents that nuisances will not
be tolerated, including but not limited to odors, smoking, and barking dogs.
(10) Accurate Representation. The STR License holder shall accurately represent the
residential unit and associated amenities to rents, including but not limited to size or type
of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to
common amenities provided on, or with, the property where the STR is located.
(11) Renter Information. The STR License holder shall provide to Renters the information and
rules in this section and such other minimum information as the Town may determine
appropriate for Minimum STR Management Requirements.
(e) Additional Minimum RO-STR Management Requirements. RO-STR License holders must
comply with all other Minimum STR Management Requirements. Additionally, a RO-STR License
holder must designate by name the resident or residents that reside at the property as their
EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110
OF THE AVON MUNICIPAL CODE
Primary Residence, as defined in Section 3.12.020, and such designated residents must be
physically at the residence for a portion of each of day that there are short-term rental occupants
at the residence.
(f) Advertisement of accommodations. Every property owner providing any room or rooms used for
STR for a duration of fewer than thirty (30) days shall obtain and maintain a STR License or RO-
STR License prior to advertising such STR. The failure to obtain a business license prior to
advertising such STR shall be a violation of this Chapter. Advertisement shall include any written,
oral or video communication or publication disseminated by signage, mailing, print, internet
listing, e-mail publication, social media, other electronic means, telephone or other means which
is intended to directly or indirectly induce a person to use or rent the property for consideration.
Any advertisement of STR shall prominently display the Avon business license number in the
advertisement as, "Avon STR License No. [insert number]". The failure to prominently display the
Avon business license number in any advertisement of STR shall be a violation of this Chapter.
(g) Limitation of Short Term Rental Licenses. [RESERVED]
(h) Administration of Short Term Rental Licenses. The Community Development Department shall
review license applications and license renewals for STRs and RO-STRs and provide verification
to the Finance Director that licenses meet the Minimum STR Management Requirements for
STR Licenses, RO-STR Licenses and all relevant provisions of Business Licenses generally. The
Community Development Department shall have the authority to create and adopt application
forms, procedures for registering complaints, and such additional rules and regulations as may
be required to implement and efficiently administer STR Licenses and RO-STR Licenses.
(i) Complaints and Violations. The Community Development Department shall receive complaints
concerning Short Term Rentals including any violations or non-compliance with the requirements
of this Section. The Community Development Department shall investigate complaints and
provide recommendations to the Finance Director if non-action, a warning, a fine, suspension or
revocation of a STR License is appropriate. In all cases, the complaint shall be communicated to
the STR License holder. The procedures and criteria for revocation of Business Licenses set
forth in Section 5.04.110 shall apply to proceedings for revocation of a STR License. The
provisions set forth in Chapter 5.04 Business Licenses generally for violations, penalties and
enforcement shall apply to STR Licenses.
5.04.110 Revocation – Causes – Notice And Hearing.
5.04.110. Revocation—causes—notice and hearing is hereby revised by deleting language in strike-out
and adding language in double underline.
5.04.110. Revocation—causes—notice and hearing.
(a) A business license, including a STR License and RO-STR License may be revoked for the following
grounds:
EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110
OF THE AVON MUNICIPAL CODE
(1) Fraud, misrepresentation or false statement contained in the application of the license;
(2) Fraud, misrepresentation or false statements made in the course of carrying on the licensed
business;
(3) Failure to pay sales tax, accommodations tax or other applicable tax or fees to the Town of
Avon;
(4) For vendors, solicitors and peddlers: fFailure to comply with the vendor regulations or the terms
of a vendor license permit;
(5) For vendors, solicitors and peddlers: aAny violation of the ordinances of the Town involving
moral turpitude;
(6) For vendors, solicitors and peddlers: cConviction of any crime or misdemeanor by a license
holder moral turpitude; or,
(7) Conducting business in an unlawful manner or in such manner as to constitute a breach of the
peace, or to constitute a menace to the health, safety or general welfare of the public.
(b) The Finance Director may revoke a business license, including a STR License and RO-STR license,
in accordance with the following procedures:
(1) The Finance Director shall submit a written notice of revocation to the licensee, stating the
following:
(i) The grounds for revocation;
(ii) Requesting information if necessary;
(iii) Stating corrective action if applicable and appropriate;
(iv) Stating the appeal rights of the business licensee;
(v) Identifying the last day to file an appeal with the Town and stating that the revocation shall
become effective on day after if no appeal is filed; and,
(vi) Stating that conduct of business without a business license shall be a violation of this
Chapter.
(2) Written notice shall be sent by U.S. first class mail to the address provided in the business
license application. Notice shall be deemed given on the date that notice is deposited in the U.S.
mail.
(c) The Finance Director may immediately suspend a business license, including a STR License or RO-
STR license pending a written notice of revocation if the Finance Director has that reasonable
grounds to believe that the business licensee has failed to comply with any regulation and that the
violation creates an immediate threat to the health, safety and general welfare of the Avon community.
(d) The decision of the Finance Director may be appealed to the Avon Town Manager in the manner and
in accordance with procedures set forth in Section 5.04.120.
EXHIBIT A
AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050 OF THE AVON MUNICIPAL CODE
A Page 1 of 4
PROPOSED PROCESS: GENERAL TEXT AND TOWN CORE MAP AMENDMENT
TITLE 7 – DEVELOPMENT CODE
7.08.010 – General Definitions.
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, but not including certain residential parcels which are zoned for
only residential use as shown. See the Town Core Map
7.20.090 - Overlay districts.
(a) Short Term Rental Overlay - STRO.
(1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short
term rentals of properties, including but not limited to accommodation, apartments, bed
and breakfast, condominium, hotel, lodge, motel and residential properties for periods
fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone
district shall be an overlay zone district which shall apply to allow short term rentals of
properties. Properties in the STRO zone district shall otherwise be subject to all
requirements of the underlying zone district.
(2) Allowed Use. The following uses shall be permitted in the STRO District:
(i) The uses permitted in the underlying zone district or planned unit development
(PUD).
(ii) Short term rental, except that short term rental use shall not be permitted for any
residential unit which is deed restricted for affordable Community Hhousing, long
term residential use, primary residential use or full time residential use.
(3) Short Term Rental. For the purpose of this Chapter, short term rental shall mean the
rental of property for a total continuous duration of less than thirty (30) days.
(4) Development Standards. The developments standards within this overlay zone district
are regulated by the underlying zone district.
(5) Sales and Public Accommodations Tax License. Any property owner who leases or
rents property in the STRO District shall obtain a sales tax license in accordance with
Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28.
The failure to obtain a sales tax license or public accommodations tax license prior to
using property for short term rental in the STRO shall be a violation and subject to
penalties as described in Title 3.
EXHIBIT A
AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050 OF THE AVON MUNICIPAL CODE
A Page 2 of 4
(b) Short Term Rental and Town Core:
(1) Intention. Properties located outside and inside of the Town Core may be permitted to
allow short term rentals in all zone districts outside of the Town Core and Planned Unit
Developments (“PUDs”) for fewer than thirty (30) days subject to the provisions of this
Chapter. Properties shall make an application to allow short term rental of properties,
subject to all requirements of the underlying zone district.
(i) STRs shall be issued in accordance with Avon Municipal Code Title 5.
(2) Allowed Use. The following uses shall be permitted:
(i) Short term rentals.
(ii) Other Uses shall be permitted pursuant to the provisions in the underlying zone
district.
(iii) Short term rentals shall not be permitted within any residential unit which is deed
restricted or reserved for: Community Housing, long term residential use, primary
residential use or full-time residential use.
(c) Planned Unit Development. All PUD zone districts shall comply to the dimensional and
development standards as well as the review processes and criteria outlined in Section
7.16.060, Planned Unit Developments.
7.24.050 - Use-specific regulations.
(a) Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed
Uses) must conform to siting and use provisions of the Avon Comprehensive Plan.
(b) Arboretum or Botanical Garden. No sales are allowed except through gift shops that are
approved accessory uses.
(c) Home Occupations. A home occupation must comply with the following limitations and
conditions:
(1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable
outside the dwelling unit where such activity is taking place;
(2) The use is limited to no more than five (5) customers or visitors, other than the occupants,
per day;
(3) If the use is a day care, the use is limited to no more children than allowed by the state
EXHIBIT A
AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050 OF THE AVON MUNICIPAL CODE
A Page 3 of 4
license for a childcare home (a state license is also required to operate a childcare home);
(4) The use does not have visible storage of equipment or parking of vehicles not normally
associated with a residential use, including but not limited to trucks with a rating greater
than three-quarters (¾) ton, earth-moving equipment or cement mixers;
(5) The use does not alter the exterior of the property or affect the residential character of the
neighborhood;
(6) The use does not interfere with parking, access, other normal activities on adjacent
properties or with other units in a multifamily development;
(7) Employees are not permitted to work on the property; the use shall be carried on by the
inhabitants of the property;
(8) The use does not require alteration to the residence to satisfy applicable Town fire or
building codes or county health regulations;
(9) Exterior signs are not permitted; and
(10) There may be only incidental sale of stocks, supplies or products.
(d) Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply
with the following limitations and conditions:
(1) The marketing and sales practices for a timeshare development shall not include
solicitation of prospective purchasers of timeshare units on any street, walking mall,
courtyard or other public property or facility unless otherwise permitted by the Town.
(2) The parking requirement for a timeshare development shall be calculated by applying
the parking standard for the underlying zone district for lodge uses. The parking
requirement shall be calculated based on the maximum number of proposed lock-off units
in the development, unless an appropriate level of guest transportation services, such as
vans, car-share or shuttle vehicles, are offered as an alternative to having owners and
guests using their own vehicles in the Town.
(3) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-
site when the owner is not using the estate.
( Ord. 13-02 §4; Ord. 10-14 §3)
(e) Short Term Rental must comply with the following limitations and conditions:
(1) Premises shall conform to the applicable requirements of the Town’s building, technical
and safety codes adopted by reference in the Avon Town Charter and Municipal Code.
EXHIBIT A
AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050 OF THE AVON MUNICIPAL CODE
A Page 4 of 4
(2) Premises must comply with the Minimum STR Management Requirements set forth in the
Avon Municipal Code Section 5.04.050, Short Term Rentals.
( Ord 22-09))
SEE PROPOSED TOWN CORE MAP
EXHIBIT B
PROPOSEDEXISTING
ATTACHMENT B
PROPOSED TOWN CORE MAP 2022
Ord 22-08 Short Term Rental Licenses
June 28, 2022 – First Reading
Page 1 of 3
ORDINANCE NO. 22-08
AMENDING SECTIONS 3.12.020, 5.04.050, AND 5.04.110 OF THE
AVON MUNICIPAL CODE CONCERNING SHORT TERM
RENTAL LICENSES
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council of the Town of Avon (“Council”) finds that interest and
investment in Short Term Rentals has increased in the Town of Avon as well as increased
generally in numerous other mountain resort communities, and that such increase in Short Term
Rental use has reduced the stock of residential housing available for long-term rentals, thereby
exacerbating the lack of local work force housing while increasing the impacts of an
accommodations use; and
WHEREAS, Council adopted the Avon Community Housing Plan which sets forth certain goals
and strategies to promote the availability of Community Housing in Avon, including the
adoption of regulations and fees for Short Term Rentals; and
WHEREAS, Council finds that the regulation of short term rentals and adoption of minimum
management requirements for short term rental use is necessary to promote the health, safety and
general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Sections 3.12.020, 5.04.050 and 5.04.110. Sections 3.12.020, 5.04.050 and
5.04.110 of the Avon Municipal Code is hereby amended as set forth in Exhibit A: Section
5.04.050 Short Term Rentals.
ATTACHMENT C
Ord 22-08 Short Term Rental Licenses
June 28, 2022 – First Reading
Page 2 of 3
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, provided that the date
for compliance with new STR License and RO-License fees, Minimum STR Management
Requirements, and other aspects of Section 5.04.050, shall be November 1, 2022.
Section 5. Safety Clause. The Town 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. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 22-08 Short Term Rental Licenses
June 28, 2022 – First Reading
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 28, 2022 and setting such public hearing for
July 26, 2022 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY:ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 26,
2022.
BY:ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
Page 1 of 4
ORDINANCE 22-09
AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE AND
AMENDMENT TO THE TOWN CORE MAP
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has
submitted a Code Text Amendment application to modify the Short-Term Rental (“STR”),
regulations in Title 7 as well as to amend the Town Core Map, directly related to this particular
amendment; and
WHEREAS, the Town Core map as referenced within the Avon Municipal Code has not been
altered since 2011 and changes in development within and around Avon warrant the
amendment of this defined area, such that it should be expanded; and
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on , 2022; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a
recommendation to the Town Council to [approve/deny] the Application; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority
granted by the Town Charter, its ordinances and State of Colorado law, has review and decision-
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of AMC
Section 7.16.020(d), Step 4: Notice, Council held public hearings on June 14, 2022 (and
, 2022,) prior to taking final action considered all comments, testimony, evidence and
Town Staff reports; and then Council took action by approving this Ordinance; and
WHEREAS, pursuant to AMC §7.16.040, Review Criteria the Town Council has considered
the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is
consistent with the Comprehensive Plan’s goal of providing a balance of land uses while inviting guest
accommodations that strengthen Avon’s identity as both a year round residential community and a
tourism center while preserving the opportunity to also ensure long-term residential opportunities for
workforce in these units; and
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
Page 2 of 4
WHEREAS, all existing Properties remain suitable for short term rental usage, and all short
term rental licenses for the affected properties, if affected, shall be grandfathered as licenses
that are allowed to continue until either the cessation of the STR use in these unit(s) by the
property owner or a change in unit ownership occurs; and,
WHEREAS, all of the potentially affected Properties are located outside of the Town Core,
where STRO has not been affected, and
WHEREAS, this amendment will increase compatibility of STRs of neighboring properties
and decrease workforce displacement within the current Properties; and
WHEREAS, Resident Occupied (RO) means the occupation and use of a residence on a full-
time basis, occupied by the unit owner or a renter of the unit thereof. RO verification and
investigation for STR licensing purposes shall be determined appropriate by the Town Manager
to ensure that a resident is continuously occupying and using the residence in a full-time
capacity; and
WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the
same time conserving the value of the investments of owners of property in the Town in
accordance with the Purpose statements in the Avon Development Code; and
WHEREAS, the health, safety and welfare of the citizens of the Avon community would be
enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a Public Hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application, and that approval of this Ordinance on First Reading does
not constitute a representation that the Town Council, or any member of the Town Council,
supports, approves, rejects, or denies this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Redefining Town Core. The area and map of the Town Core has been updated
to include certain residential properties that contain a significant number of front desk managed
rental properties including Short Term Rentals and time-share properties. The new map has
been attached as EXHIBIT B
Section 3. Code Text Amendments. AMC §7.20.190 and AMC §7.24.050 are hereby
amended as depicted in “Exhibit B – Code Text Amendments” with strike-out depicting
language to be deleted and underline depicting language to be added.
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
Page 3 of 4
Section 4. Effect on Existing Short Term Rental Licenses. Properties that have a valid
STR license with the Town of Avon on the effective day of this ordinance shall continue to
remain in effect until abandonment of the Short Term Rental use, change in ownership, or
revocation of the Short Term Rental license in accordance with the procedures set forth in
Chapter 5.04 Business Licensing, as may be amended from time to time.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity
shall not affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable. The Town Council hereby declares that it has passed this Ordinance
and each provision thereof, even though any one of the provisions might be declared
unconstitutional or invalid. As used in this Section, the term “provision” means and includes
any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
“application” means and includes an application of an ordinance or any part thereof, whether
considered or construed alone or together with another ordinance or ordinances, or part thereof,
of the Town.
Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the
condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days
after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. 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 8. 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 9. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
Page 4 of 4
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 10. 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 [ ], 2022 and setting such public
hearing for [ ], 2022 at the Council Chambers of the Avon Municipal
Building, located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
[ ], 2022.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Balas Townhouse Condos 811 1 13%
Balas West Condos 900 0 0%
Sonnen Halde Condos 16 0%
Sherwood Meadows 20 0%
Snowrun Townhomes 300 0 0%
Alpenhaus 311 1 33%
Chambertin 12 5 7 7 58%
Nightstar 60%
Rushmer Townhomes 612 1 17%
Sunnyside at Avon 611 1 17%
La Vie Bonne Townhomes 600 0 0%
Timberloft 400 0 0%
Beacon Hill / Bristol Pines 22 0 1 1 5%
Benchmark Condos 92 7 9 10 11%
Lakeview Condos 12 2 2 3 25%
Stone Creek 30 5 7 10 33%
Beaver Bench 44 8 9 9 20%
Alpenflora 12 0 1 1 8%
Bel Lago 12 2 5 4 33%
Greenbrier 38 7 9 12 32%
Buck Creek 34 2 3 3 9%
Bridgewater Terrace 20 3 3 3 15%
Liftview 165 4 7 13 8%
Sunridge 198 13 24 29 15%
TOTAL 758 62 92 109 14%
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Canyon Run 70 15 16 15 21%
Brookside 54 15 14 18 33%
Stone Bridge 12 5 6 6 50%
TOTAL 136 35 36 39 29%
STRs Not
Permitted
by HOA
Avon Short Term Rental Property Analysis
Properties Outside the "Town Core"
PUDs that Allow STRs Outside the "Town Core"
ATTACHMENT D
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Avon Town Square Condos 60 3 3 4 7%
Chapel Square 69 12 17 27 39%
Seasons at Avon 103 15 18 20 19%
Avon Center 52 6 7 9 17%
Riverfront 52 4 7 5 10%
Avon Lake Villas 56 18 18 20 36%
Beaver Creek West 124 18 18 17 14%
Lakeside Terrace 31 2 2 2 6%
Base Camp 14 2 2 2 14%
The Ascent 49 11 8 10 20%
Front Gate 83
TOTAL 693 91 100 116 17%
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Westin 132 25 22 17 NA
Christie Lodge 280 2 3 2 NA
Falcon Point 58 ? ? ? NA
Sheraton Mountain Vista 190 2 2 1 NA
TOTAL 660 NA NA NA NA
Newly
Proposed
Town Core
Properties Inside the "Town Core"
Front Desk Properties inside the "Town Core" (Timeshare and Westin)
EXHIBIT D
1
Max Morgan
From:Español with JJ <jmartin5gonzaga@gmail.com>
Sent:Tuesday, June 07, 2022 9:40 AM
To:Short Term Rentals
Subject:Short Term Rental Licensing and Zoning
Hello,
My name is John Martin and I have been teaching as a public school teacher for ECSD for 7 years and own a condo in
Liftview. I would like to comment on the Short term rental licensing and zoning proposal.
It is obvious that there is no housing for individuals who want to rent for the purpose of residing in Avon. There are 4
hotels at least in Avon, multiple in beaver creek, and plenty of space for people that want to come and ski during the
winter if they wish to pay the high prices (as do all of our residents). During the summer there is plenty of hotel
space. Since VAIL resorts lowered the price of the EPIC pass the mountain resorts are also packed. They do not need
more skiers on the mountain.
It seems clear that we need to either eliminate short term rentals or put up heavy financial
limitations. Encouraging people to buy real estate at high prices to provide short term rentals drives up our prices of
construction, retail and restaurant labor, and every aspect of purchasing day‐to‐day goods in our valley. Short term
rentals only benefit real estate investors and the other large commercial chains in our valley (christys, westins resorts,
hyatt, VRBO, Airbnb, vail owned entities, etc). Very little of the money spent by short term renters goes to private
business owners which drive our valley.
Please consider getting rid of these short term rental allotments. We do not need to provide cheap housing to visitors
when we don't have enough labor to service those visiting.
Thank you for listening to my input.
John Martin
ATTACHMENT E
1
Max Morgan
From:Holly Bilderback <hoyallyn1959@gmail.com>
Sent:Tuesday, June 07, 2022 8:18 PM
To:Short Term Rentals
Subject:Public Hearing of Potential Changes to Short Term Rental Licensing and Zoning
As owners of a property at The Seasons at Avon who spend time at our property as well as earn a portion of our income
through short term rentals, we are in favor of ensuring that short‐term rentals are appropriately monitored by the city
of Avon, and recognize this comes at a cost. We are in support of a reasonable increase in the licensing fee as well as
establishment of reasonable, uniform best practices for short term rentals.
Regarding potential zoning changes, we sincerely hope you will ensure that property owners who bought their
properties with the expectation that short‐term rentals were a means of income to support the funding of those
properties will be exempt from all limitations on the number and location of short term rentals.
We believe that limiting short‐term rentals should not be the main component of solving the housing shortage in order
to protect those who already own property in the City of Avon and already use it for short‐term rental income.Exercising
caution to ensure that housing values are not significantly reduced due to restrictions in short‐term renting
opportunities will be an important consideration as you examine zoning changes, weighed against the need for housing
for residents of Avon.
Additionally, consideration of the potential negative impacts on Avon's economy due to limitations on short‐term
rentals should not be ignored.
Holly and Mark Bilderback
EXHIBIT E
1
Max Morgan
From:hix@rmi.net
Sent:Wednesday, June 08, 2022 9:20 AM
To:Short Term Rentals
Subject:Short Term Rentals
We own a condo in Avon at Canyon Run Condominiums, 120 E. Hurd Lane. This is a second home as we live in Houston.
We recently received a public hearing notice regarding the June 14 hearing about short term rentals. This notice invited
us to make comments These are our comments:
We have never rented our unit, even though we are in Avon only 6‐8 weeks a year – we purchased it for our own
enjoyment.
I served on the Board of the Canyon Run Condo. Association for over 20 years, most of those as President. A
disproportionate share of the problems we had to deal with were caused by short term renters. If I could have changed
our by‐laws to totally ban short‐term rentals I would have.
So, in regard to any changes the Town of Avon wants to make to increase fees, tighten regulations, etc., we say go for it.
In fact, if you want to totally ban short term rentals, we are all for that too.
Tom & Jeanette Hix
120 E. Hurd Lane, Unit A‐203
P.S. Say hi to Tamra for us!
EXHIBIT E
1
Max Morgan
From:Vance Preman <kcbikelaw@gmail.com>
Sent:Wednesday, June 08, 2022 9:27 AM
To:Short Term Rentals
Subject:Short term rental. Comments for public hearing
Dear Mayor and Council Members.
I have been coming to Colorado and Vail Valley since the late seventies. Housing has been a can that has been kicked
down the road for decades and mostly ignored by Vail Resorts and other large employers. I worked my entire adult life
and finally was able to purchase a condo in EagleVail and then upgrade to Brookside Park. I chose Avon for its livability. I
eventually plan to retire there. I don’t think that homeowners should bear the responsibility of solving the housing crisis.
STR have become a tool to help defray the costs of property ownership. To me it might be more trouble than it’s
worth. I don’t however like the idea of being told how I should use my property. I think a licensing fee is quite
reasonable. I think some safety considerations are appropriate. Beyond that, more restrictions seem like government
overreach. People have to get there heads around the fact that employers need to step up and build dorms or other
facilities. People also need to recognize that in many high dollar places(Manhattan; Miami Beach), the people that work
there don’t necessarily live there. Thank you for your time and consideration. Vance Preman
‐‐
Vance C. Preman, PC
Attorney at Law
Super Lawyer since 2016
KC Bike Law (kcbikelaw.com)
11805 W. 179th St.
Bucyrus KS 66013
(c) 816.678.9599
(f) 913.583.5116
kcbikelaw@gmail.com
EXHIBIT E
1
Max Morgan
From:Michael Shantz <michaeldshantz@gmail.com>
Sent:Wednesday, June 08, 2022 10:56 AM
To:Short Term Rentals; Chelsea Shantz
Subject:6/14 STR Public Hearing Input
To Avon Town Council,
Our names are Chelsea and Mike Shantz. We live in Denver and purchased a 2nd home in Avon in September 2019. As
we evaluated where to purchase a home in 2018/2019, we selected Avon because we loved the town, it has easy access
to Beaver Creek, and there was an area within town where STRs were permitted.
We come to Avon as often as we can but also use our home as an STR to help pay our mortgage. We had saved enough
money for a down payment but cannot afford the mortgages for our home in Denver and our Avon home without STR
revenue. We specifically purchased our home within the STR boundaries to ensure we would be following town
rules/ordinances and wouldn’t have to worry about self‐funding the entire mortgage.
3 years later, the Town seems to want to change the rules. I continue to get notices that you may change the fee
structures and the boundaries of STR to help with a housing shortage. I am encouraged that you have publicly stated
that the council “respects property rights” and “Without question, the Town supports STRs and recognizes that STRs are
an essential part of the Avon experience”. Any changes to STR rules/regulations need to reflect these statements.
We are supportive of finding solutions to the housing crisis in Avon. However, current STR property owners
should not be viewed as pariahs or treated unfairly by the council. We have done nothing wrong: we
purchased a home that we love, pay our taxes, support local businesses, and do everything we can to ensure
our guests have a great experience in Avon.
I believe that any changes to STR rules/fees should follow the 3 guidelines outlined below:
-Current property owners are “grandfathered” in under current rules. Any new boundaries/regulations should
be applied to purchasers after a future date (ie 1/1/2023)
-Current STR owners should be allowed to generate revenue to cover 100% of mortgage, HOA fees,
insurance, and operating costs
-Changes in STR fees should not be a money grab where STR property owners pay for a disproportionate
percentage of projects proposed by the town council. If the Town needs funds for housing projects, they
should come equitably from all revenue streams (property taxes for everyone, local sales tax, and STR fees)
Thank you for your consideration. We do not want to be forced out of our home.
EXHIBIT E
2
Sincerely,
Michael and Chelsea Shantz
EXHIBIT E
1
Max Morgan
From:Abraham M. DeLara <abdelarajr@hotmail.com>
Sent:Wednesday, June 08, 2022 5:25 PM
To:Short Term Rentals
Subject:AVON SHORT TERM RRENTALS - LICENSE #014324 - BENCH MARK A17
To who it may concern,
I would like to write some comments about the short term potential changes at the town of Avon.
My wife and I finally achieved this life time goal to have short term (ST) rental business, we know and can see how the
Avon area has a needed market for ST rentals, even with the large hotels in the area. We do live and own in Edwards as
well (Brett Ranch). We also have long term rental property in Gypsum (Mountain Gateway). We are truly locals,
conducting business in Eagle County. Although we are not a big hotel, our small ST rental business does promote local
economy as our tenants stay in Avon, eat in Avon and spend their money locally. As you well know, we pay a good
amount of taxes as well. We live here, we spend our money here in the Vail Valley.
Please, please continue to allow us to run our small short term rental in Avon. We feel that as locals, we deserve to do
our business in Avon as we are now.
Thank you for your consideration.
Abraham M. De Lara Jr.
C – 970‐389‐1046
EMAIL – ABDELARAJR@HOTMAIL.COM
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Max Morgan
From:Billy Harllee <harllee@gmail.com>
Sent:Wednesday, June 08, 2022 7:02 PM
To:Short Term Rentals
Subject:Re: STR zoning changes
Hi Max – I typed up a small novel on my flight with my thoughts on the impact of rezoning our condo in Sunridge
to prohibit STR. I’ll look forward to watching the town council meeting video in the days to come. I’d like to
remain anonymous if this email is chosen to be shared tomorrow, by the way.
Thanks,
Billy
We are quite concerned about the potential for losing our rights to conduct short‐term rentals in our condo in
the Sunridge community which we understand falls in the proposed rezoned district that would prohibit
STR’s. Last year we accomplished a dream of ours which was to purchase a mountain home for personal use
and as an investment. We love spending time in Avon as well as providing a great place for visitors to do the
same.
We understand that there are challenges that the local workforce face in finding affordable housing. However,
we don’t think eliminating STR is the answer. Here are some reasons why:
1.We, like many other STR owners, employ local workers for our housekeeping and maintenance. This
provides a big income boost. Banning STR in our district would be a big blow to this local workforce
2.Our guests spend money in Avon whether it be skiing, dining out, grocery shopping etc. This generates
sales tax revenue for the town that would be greatly reduced if our unit were simply owner‐occupied or was
rented on a long‐term basis. Money that could be spent on affordable housing initiatives.
3.Our guests also spend money in the form of the various taxes imposed on their bookings including the
recent 2% STR‐specific tax which we understand is intended to help with the affordable housing challenges.
4.We (like many others) would likely not be able to comfortably afford ownership without occasional STR of
our property. We would likely have to sell. So then the question is, what would owners start doing that could
help with affordable housing for the local workforce? (I don’t have data on this but I’m assuming that the
majority of the local workforce cannot afford to purchase most property in Avon. I’ve heard condos in Sunridge
and Liftview similar to our 2/2 in Sunridge are going for over $600k now):
STR Prohibition Scenarios:
a.Owner lives full‐time in Avon: no benefit to local workforce (again assuming average local worker
would not be able to afford to buy). This would also eliminate significant income that local workers earn
cleaning and maintaining STR’s.
b.Owner lives part‐time: Same as 4a. Also less sales tax dollars from the unit being occupied less (i.e.
no one around to spend money in Avon)
c.Owner lives full time and rents a room (highly unlikely that anyone would do this, at least in a
condo like our small 2/2 in Sunridge). No income opportunity for STR cleaning and maintenance
d.Long‐term rent (the rental rate required for an owner to charge to simply break even after
mortgage + expenses would likely exceed affordability for most local workers). No income opportunity
for STR cleaning and maintenance
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We would be devastated if we lost our STR rights and had to sell. Our goal is to only break even on our expenses and be
able to occasionally use the property. We feel like STR operations like ours benefit the local workforce from the cleaning
and maintenance services they provide. We also feel like the Town of Avon benefits financially from the tax revenue
that STR bookings and guest patronage of local businesses create which can be used for local workforce housing‐related
initiatives. While we don’t have the answer for the housing problems, we feel like eliminating our STR rights would be
much more detrimental than beneficial.
On Wed, Jun 8, 2022 at 5:38 PM Billy Harllee <harllee@gmail.com> wrote:
Thanks for the information. So when you say "once that license expires", you mean if we didn't pay the annual license
fee and the license expired that unit would not be eligible for str going forward. However if the license were
maintained/renewed each year, the str rights would continue. Is that correct?
I'll see if I can write up some thoughts on why we would be against the rezoning. Pushing back for a flight right now.
On Wed, Jun 8, 2022, 5:29 PM Short Term Rentals <str@avon.org> wrote:
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From: Billy Harllee <harllee@gmail.com>
Sent: Monday, June 06, 2022 2:16 PM
To: Short Term Rentals <str@avon.org>
Subject: STR zoning changes
Hi there ‐ I received the recent email and mailer about the potential STR changes. I had one question about the
zoning. Will existing, licensed short‐term renters be grandfathered in if the zoning happens to impact their area? I
heard someone ask that on a recent town council video I watched and it sounded as if the answer is yes. Just wanted
to confirm as our condo appears to be in the proposed zone that would not permit traditional STR.
Thanks,
Billy
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Max Morgan
From:Kimberly Appel <kappel@klearmedinnovations.com>
Sent:Wednesday, June 08, 2022 8:23 PM
To:Short Term Rentals
Subject:Proposed STR changes
Good Evening,
Thanks to the Town Council for soliciting feedback from property owners.
We certainly understand the potential need to increase the fee for short term rentals to cover the costs of software,
personal, etc. as relates to issuing and enforcing short term rentals at the City of Avon. However, having an increase of
several hundred dollars, or even $1K+ greater expense, is absolutely excessive.
We agree with having certain safety measures in place so that short term rentals are managed and handled
appropriately. Our HOA, for example, has a list of rules for units that are rented requiring local management with the
ability to immediately deal with potential safety, mechanical, etc. issues when they arise.
However, we are opposed to limits on STRs and the freedom to rent one’s home if the rules are being followed. And as
stated previously, a significant increase in fees would be excessive.
We too, would encourage the Town Council to look to other methods by which more affordable long term rentals can be
generated. The short term, and long term rental markets are vastly different in the Town of Avon. We enjoy our home
in Avon immensely, and all that life in the Valley provides. However, we do offer some short term rentals when not in
town, which helps us to afford the (increasing and expensive) HOA fees, mortgage, and taxes. We will NOT be offering
our home for long term rental, as that is not feasible given the time we spend there.
Income to local business will suffer if we, and others, ceased to offer short term rental as an option to visitors. The
proposed changes by the Town Council will have an overall negative impact on tourism in Avon and at the ski resorts,
and the money spent by tourists in Avon will plummet. This will negatively impact local business, and likely, will
DECREASE the need for long term housing options because local workers will be forced to move elsewhere to find jobs.
As well, the quality and number of establishments, services, etc. in Avon for the permanent residents will be negatively
impacted as business owners will be forced to close with less income generated by tourism.
The Nation is having a problematic real estate boom; Not just Avon, CO. While we admire the attempts by the Town
Council to discuss potential plans to help the Community, the proposed methods are short sighted and “copycat”
renditions of what other Communities have tried to put in place, without significant improvement / results to date.
Thank you again for consideration of our thoughts.
Kim Appel & Dan Kehoe
288 West Beaver Creek Blvd, H‐1
Avon, CO
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Dear Avon Town Council Members,
It was brought to my attention that Short Term Rentals are on the agenda for this evening, so I’d like to
express my concern. It seems, especially over the past couple of years, that short term rentals have
taken up more space than long term rentals, thus pushing the local workforce out of the market. With
this decrease in available housing to full-time residents, the market has sky-rocketed, making housing
nearly unaffordable and so highly coveted that renters are paying prices that are not only astronomical,
but taking up more than half of their regular income. One of the “most common rules of thumb” is that
you should not spend more than 30% of your monthly income on housing so as to be able to afford
things like food, healthcare, etc. In our current, inflated economy, the Eagle County housing market,
Avon in particular, is making this impossible.
I’ve had many conversations with community members who all feel very similar sentiments, there needs
to be a cap on Short Term Rentals, and should have been one in place a long time ago. Not only that, but
those apartments that are already short term, need to be taxed as commercial units, rather than
residential properties. If someone’s apartment has a revolving door of visitors occupying their space,
then it is no longer a residential unit and has become a commercial outlet for their income.
I’ve first moved to this valley more than 15 years ago – I’ve worked in retail, customer service, food and
beverage, as well as healthcare. I was never ready to buy a home when I was younger, and now that I’m
a mid-30’s professional, I can’t even dream of buying one. I am fortunate that I was able to find a place
to live that’s semi-affordable for a single person, but I found it through word-of-mouth, because I’ve
been here long enough to know people. There are many who are less-fortunate than I am who are
wanting to move here and “live the dream” of being in the mountains. While we all understand that it’s
not always an easy life, finding housing should not be as much of a nightmare as it currently stands.
As someone who has been placing my roots here since I was only 18 years old, I would love to keep
them in the ground. I know there are many, many more residents like myself, who call this place home,
but don’t actually have a home to call their own. I am asking, very briefly (because I’m at work and I
don’t have a lot of time to spend on this), PLEASE do something to help your locals. Our community is so
special and so VERY incredible. We’re here to serve the tourists, yes, but we’re also here because we
love where we live and we’ll do just about anything to stay here (including paying FAR MORE than we
should for rent).
With Kindness,
Sara Striegl
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From: Amy Reid <areid@vbr.net>
Date: April 22, 2022 at 9:58:24 AM MDT
To: Council Everyone Group <council@avon.org>
Subject: Vail Board of REALTORS Letter
April 22, 2022
Avon Town Council
100 Mikaela Way
Avon, CO 81620
VIA EMAIL: council@avon.org
Dear Council Members:
The Vail Board of REALTORS absolutely agrees and supports the efforts, to help identify potential
solutions to our housing challenges. However, we are eager to find solutions that do not infringe upon
or change the private property rights of our community’s current or future homeowners.
To be clear, the current discussion around regulations, moratoriums, fines and limiting registrations
for short‐term rentals in our market as a solution is nothing more than an infringement on private
property rights. The proposed solutions are highly speculative and unproven in other communities
around the country. If implemented, the most likely result is simply more strain on the local housing
market. Simply put, short‐term rentals are not the cause of our problems.
We believe further discussion around this issue is necessary for our business and community leaders
along with elected officials to find creative solutions to increase the supply of diverse housing for our
growing market. We do not have a short‐term rental problem; we have a housing supply problem.
A healthier housing market is only going to be developed by creating and implementing innovative
solutions that increase the supply of diverse housing products. We have a great example of a creative
solution in the Miller Ranch Development.
Our problem has been and remains the lack of a diverse range of housing supply. While the supply
shortage is overwhelming in its scale and overall impact on our community, we know that it will not
correct itself in traditional real estate cycles and, the longer we sit back and do nothing, the deeper the
damage to our economy.
There are a wide range of additional solutions to our affordability/accessibility needs that must be
explored and collectively, can help us achieve positive, long‐term results and maintain the integrity of
the entire community. Those solutions may include but are not limited to appropriate and targeted
homeowner incentives, re‐evaluating fees and licensing structures, and the easing of trade, labor,
finance and land‐use issues.
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Vail REALTORS® and those we represent are eager to be a part of the conversations and solutions to our
housing challenges as we work collaboratively to find the answers to our community’s housing makeup.
It is critical we change the outlook from financial and social instability to economic growth built upon a
solid foundation in the decades ahead.
Sincerely,
Vail Board of REALTORS
Amy Reid
Association Executive
Vail Board of REALTORS®
Vail Multi-List Service, Inc.
Vail Board of REALTORS® Foundation
email: areid@vbr.net
Direct: 970-766-1029 Office: 970-766-1028
0275 Main Street G004 Edwards CO, 81632
www.vbr.net
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Max Morgan
From:Erin Green <erin.green1776@gmail.com>
Sent:Monday, May 09, 2022 5:00 PM
To:Short Term Rentals
Subject:Short term rentals
TOA:
We are in favor of allowing short term rentals in Avon. We understand the housing shortage in the Valley. It would seem
that most short term rentals would not be available for long term‐ most people I know who rent short term simply fill in
some gaps when they are not in their property. We also own some properties we rent to long term tenants and families
at under market rates, persons that work in the area. We continue to improve these properties. Allowing short term
rentals does give guests an option of a range of properties.
Thank you for listening.
‐‐
Erin Green
erin.green1776@gmail.com
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Max Morgan
From:Al Bonneau <albonneau@comcast.net>
Sent:Tuesday, May 10, 2022 3:33 PM
To:Short Term Rentals
Subject:Reply to Proposed STR changes
Dear Sir or Madam,
OK, enough is enough.
Please see the following points AGAINST changing the STR rules in Avon:
*The Town already raised the rental tax in Avon 2% last year. The Town of Avon has the HIGHEST TAXES IN EAGLE
COUNTY! More than Vail, BC...anywhere.
*If there are even more onerous restrictions to renting as an STR, we will cease doing so and Avon will receive even
LESS revenue from lodging taxes AND other taxes due to reduced headcount and, therefore, spend in other community
locations. All this will accomplish is limit the number of tourists in Avon and cause local businesses to suffer.
*If these additional fees ($1,000 for a license??!!) go through, our unit will NOT resort to long term rental. If the Town
thinks this is a solution to the lack of seasonal accommodations, you are WRONG!
*Our condo is occupied by family members frequently throughout the year. We rent as STRs only occasionally to help
pay for the already high taxes and fees in Avon. If we cease doing STRs, our property will simply become unoccupied
while we are not in residence.
*Other towns are attempting to restrict STR licenses (Telluride) and are finding that this is not the answer to the
housing issue.
This effort will end up backfiring if these proposed rule changes go through.
We have been following all of the rules to date and cooperative with the Town. Avon is receiving revenue that is already
excessive.
Second homeowners / STRs are not the problem. Stop digging into OUR pockets and figure out a public / private
partnership with the ski areas, the State and the County. I'd like to know what other solutions the Town Council has
discussed instead of always resorting to the "easy"
was: just keep raising taxes and fees.
Keep your hand out of our pockets and stop trying to restrict the use of OUR properties!
Kind Regards,
Al & Pam Bonneau
100 West Beaver Creek Blvd. #805
Avon, CO
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Max Morgan
From:Monica Kryzer <mkryzer@hotmail.com>
Sent:Tuesday, May 10, 2022 11:54 AM
To:Short Term Rentals
Subject:Comments regarding increases to fees for short term rentals in Avon
We have been watching the discussion on this topic and want to provide input to the council. We have a three bedroom
unit in Avon that is owned by two couples (brothers and their spouses). We originally purchased the unit for friends and
family use without intending to rent. One couple moved to the area two years ago, and with covid afoot decided to use
STR as a mechanism to bring in some extra cash. Since one couple was local, it could be easily managed if any problems
occurred. One of us is on the HOA Board for our development and the Board members spend a considerable amount of
time ensuring safe sprinkler systems, snow removal, pest management, cleanliness, noise management, etc are in place
for the building. The owners are now in our second year of licensing. We use online booking services which request
safe cleaning practices. If a unit doesn’t provide safe and clean environments, reviews by users will quickly reduce
popularity of the units. We understood the added 2% in occupancy fees this year was to fund local worker or affordable
housing, which makes sense. There is a shortage of affordable housing and we support the idea of creating more
affordable homes. However, a huge increase in the cost of a license, such as being proposed by the town seems
ridiculous, especially in light of the potential number of rentals in the town and the fact that you would need to HIRE
people to monitor the regulations being proposed. How does this help create affordable housing?
In all likelihood, a huge license increase and additional inspections or rules to follow would cause us to remove our unit
from the STR market, which means the town of Avon will lose license fees, sales tax, and occupancy taxes.
On the other hand, buildings in Avon that have a front desk and multiple units for rent should be charged by unit, so that
those owners pay their fair share of fees and taxes. It’s unforgivable that this was overlooked in the past.
What the real intention of the proposals isn’t clear to us at this point. Is the town trying to bring in money to hire
personnel (which are in short supply in the valley btw) or to create more affordable housing? Or to reduce visitors to
the town? It seems that the council needs to get a clear idea of expected outcome before voting on options.
Monica Kryzer
Gypsum, CO
Sent from my iPad
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Max Morgan
From:Kate Mead <katrinamead@comcast.net>
Sent:Tuesday, May 10, 2022 7:34 PM
To:Short Term Rentals
Cc:Warren Mead
Subject:Comments opposing proposed changes to Short Term Rentals
To Whom It May Concern
We are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon.
We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the
years by making our home available for visitors to Avon while we are not personally using our home.
While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution. Our
house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an
option for us. Working with the ski resorts, the county and the state to find long term sustainable solutions to this
problem should be where the town council focuses its efforts, not on further restricting short term rentals.
Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as
it would never be made available as a long term rental, but would have a significant negative impact on tax revenues
received by the town, while simultaneously negatively impacting the quality of family‐friendly accommodations for
visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t
also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large
portions of the year.
We strongly oppose changes to these rules. If they do go into effect, I think the town will find that it’s cut off it’s nose to
spite it’s face. Not only will the issue of housing availability not be improved by these measures, the town and local
businesses will be hurt by a significant decline in revenues generated by properties like ours ‐ which are subject to the
highest tax rates in Eagle county.
Sincerely,
Kate & Warren Mead
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Max Morgan
From:Doug Petersen <douglas_petersen@hotmail.com>
Sent:Tuesday, May 10, 2022 11:55 AM
To:Short Term Rentals
Subject:Re: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING
The proposed fee hike is substantial and cost prohibitive. Going from $75 to $1,250 for a 3‐bedroom is over 1500%
increase. It will not make Short Term Rental issue better and will only push owners to maximize the number of days they
rent.
This is an overreach of government. There are better alternatives, like offering incentives.
With the existing 10% tax, Avon is already seeing tax revenues up 25%+ for 2021. Eventually this will get too overbearing
with more and more oversight. It will drive people to other cities that are more favorable & desirable.
From: MUNIRevs ‐ Avon <support@munirevs.com>
Sent: Monday, May 9, 2022 4:03 PM
To: douglas_petersen@hotmail.com <douglas_petersen@hotmail.com>
Subject: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Doug Petersen
10567 Skyreach Road
Highlands Ranch, CO 80126
May 9, 2022
Dear Licensee:
You are receiving this letter because you hold a Town of Avon business license relating to short‐term property rental.
The purpose of this message is to inform you that the Town of Avon is currently working through modifications to short
term rental process and procedures. Changes will likely include a new fee structure, based on unit type, and
requirements to satisfy minimum safety standards. We are also evaluating whether portions of Town may be better
suited for owner‐occupancy requirements, and/or a cap on total licenses.
Next Steps
The Avon Town Council is set to review potential changes at their May 24, 2022 meeting.
Comments
Your comments are valued and will be shared with the Town Council. Please direct written communication to
str@avon.org and they will be included in upcoming meeting packets.
Info
For more information on current and proposed regulations, as well as meeting packet information, feel free to visit
www.avon.org/str over the next several weeks for updates. For questions please contact Max Morgan, Planner 1+, at
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970.748.4014.
Thank you
The Town of Avon
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
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Max Morgan
From:Luke Ramirez <lukeaaronramirez@gmail.com>
Sent:Tuesday, May 10, 2022 9:25 AM
To:Short Term Rentals
Subject:STR in Avon
Hello,
Thank you for your recent communication regarding STR in Avon and the upcoming meeting to discuss potential
changes.
I wanted to make sure to write in to express our concern for this issue. Our family recently acquired a beautiful condo in
Avon in hopes to be able to use it frequently throughout the year as a get‐away for our quickly growing family.
I was fortunate enough to use the condo for my bachelor party in March of 2022 and we had an amazing time
skiing Beaver Creek Mountain and made countless memories.
For our family, the need for STRs cannot be understated. Simply put, we will not be able to financially make the condo
work long term if it wasn't for the ability to STR the space during the times we are back at home. Not only would this be
beyond disappointing for our close family, but this would also hurt the business that is generated for our partners who
help make this dream vacation home viable. Our cleaning partner is a husband and wife team who have a small,
boutique crew of ladies underneath them that all benefit greatly from the cleaning fees they are able to recoup from
their services. That money effectively circulates directly back into the local economy. Not to mention the amount of
tourism dollars that also is generated from our guests who come to experience this lovely town.
Even though we are a boutique, family run operation, we would technically be classified as investors. We ensure our
dealings with our guests, the communication, and respect for the permanent locals of Avon is always at top of mind. The
clientele that the amazing real estate in Avon attracts is a classly, quality, low maintenance and respectful group that we
believe greatly benefits the community more than it hurts it.
We are grateful for the opportunity to express our thoughts on this matter and I hope the city takes these thoughts into
consideration.
Respectfully,
Luke Ramirez
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Max Morgan
From:Jeff O'Brien <JOBrien@eastwest.com>
Sent:Wednesday, May 11, 2022 4:06 PM
To:Short Term Rentals
Cc:Jeff O'Brien
Subject:Avon STR Rental Licensing - Fractional / Timeshare Properties
Good afternoon,
As the town council forms a new policy around short term rental licenses, they should give special consideration to
fractional / timeshare properties. I oversee Falcon Point Resort at 175 Lake St. in Avon, 54 units with owners owning
individual weeks, over 2000 owners in total. Data points:
Due to the week by week ownership, the units cannot be used as long term rental housing.
About 10% of the owners place their weeks in the rental pool. Most owners own one week.
The additional rental inventory is owned by the association, approximately 230 weeks (a not for profit Colorado
LLC).
o Nearly all revenue from Association owned weeks is used to offset operating costs.
Owners can rent their weeks on their own or through any third party and not required to use the management
company on site.
The inventory released to rent goes into a pool, so unit assignments are not fixed.
The number of bedrooms available varies significantly, therefore very difficult if not impossible to calculate
average bedrooms available or charge licenses on a per‐bedroom basis.
Please be mindful of the non‐standard situation Avon’s fractional properties present. Thanks for the consideration.
My best,
Jeff
Jeff O’Brien
Director of Operations
300 Prater Rd. PO Box 8280 | Avon, CO 81620
d: 970.790.3121 | m:801.360.3027
jobrien@eastwest.com
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Max Morgan
From:Shelley Slater <soslater2@gmail.com>
Sent:Wednesday, May 11, 2022 9:21 AM
To:Short Term Rentals
Subject:Thoughts on STR
Tuesday, May 10, 2022
Town of Avon, Short Term Rentals
Comments from a community member
This letter is in response to solicited comments for the Town of Avon town council while the members ponder short term rental
modifications.
As an 18 year resident of Avon, I would like to share my situation so that you can keep in mind the importance for some of us who use
rental income to partially fund living in the community.
I live in the Avon Center or 100 W Beaver Creek Blvd. The condo I purchased back in 2004 is a 3 bedroom with 2 bedrooms configured
like a hotel room - separate entrances bed and bath. Although some of my neighbors rent these small units out for long term, they are
not really designed for that purpose. There are no cooking facilities.
I feel fortunate that I was able to find and purchase a property that provides the ability for me to have a source of income that
supplements other work that I do. I would not be able to live in the valley without it.
Shortly after I moved to the valley, I was laid off from my good paying job. At the age of 50, I found it difficult to find work in the field
where my competencies were. The jobs in the valley did not pay any where near the income that I needed to get by and my age
seemed to be a factor. I did what I could to maintain some sort of lifestyle, but it has been a struggle.
I started renting out 2 of my rooms to supplement living expenses over the last 18 years. Other work that I have done is real estate -
both selling and a little property management, some consulting work for construction and telecommunications, and most recently, I
have started an Appliance Repair Business after realizing a huge need in the valley for these services. However, starting a business
requires a huge financial commitment and cash outlay and the income that I get from my short term rentals is a very vital source of
income to keep me financially afloat.
The costs for me to do this are increasing. I understand that there are some investors who are maybe, unfairly, profiting from the whole
Airbnb short-term rental phenomena, but there are business license fees with the Town of Avon as well as the State of Colorado.
Airbnb, the best place I have found to market my rentals, charges substantial fees and with the new 2% additional tax on non-hotel
short-term rentals that was recently implemented, I am finding it harder and harder to compete. More fees and regulations will make it
even more difficult.
I am sure I am not the only one in this situation. I will be happy to discuss my thoughts and possible solutions with any member of the
town council.
Thanks for listening,
Shelley Slater
soslater2@gmail.com
720-299-7585
Slater Consulting, LLC
soslater2@gmail.com
720‐299‐7585
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From:Michael Valigore
To:Short Term Rentals
Subject:short-term rental feedback
Date:Friday, May 13, 2022 1:59:37 PM
Hello,
We live in Sunridge. This condo is our primary and only residence. Throughout the year, we
rent the extra bedroom in our condo on Airbnb to provide an extra source of income. We also
rent out the whole unit when we are out of town or it makes financial sense to do so.
We are happy to pay whatever taxes/fees levied by the town. But we think it is unfair that we,
as year-round residents who own one property, pay the same tax/fee rates as someone who
lives out of state and short-term rents their multiple investment properties.
Thank you for your time,
MK Homestay
#007676
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From:Sara George
To:Short Term Rentals
Subject:Avon Short Term Rental Comments
Date:Sunday, May 15, 2022 1:16:01 PM
Thank you for your email regarding upcoming potential changes to short term rentals in
Avon.
We agree there needs to be minimum safety standards for any rental, long term or short term.
We certainly hope that we are able to continue to offer our condo in Chapel Square for other
families to enjoy during the ski season, by means of a short term rental. This brings in a large
amount of revenue each season for the Avon and Beaver Creek area. It would be a great loss
of revenue for the entire area.
This decision needs to be made as soon as possible, since we already have several families that
have reserved their stay, as well as bought epic passes. If we need to change our fee structure
we need to know ASAP.
If you should decide to raise it more than the 10% already being paid, it will become a place
that most families/tourists cannot afford to rent any longer, thus a lost income for
Avon/Beaver Creek. We try to offer our rental at a price families can still afford to enjoy
experiencing the wonderful mountains. We hope the Town of Avon will continue to make the
right decisions as it has become a beautiful town for tourists to visit during all seasons.
However, if you choose to not allow short term rentals in Chapel area, we will NOT change to
long term rental. We enjoy coming out to use the condo during the non busy season, which
would not allow us to offer it as a long term rental.
Robert George, Chapel Square Unit 230 owner
608-406-6302
EXHIBIT E
From:Morrison, Keith
To:Short Term Rentals
Subject:Proposed Short Term Rental Changes in Avon
Date:Sunday, May 15, 2022 8:09:04 PM
Attachments:image001.png
To Whom It May Concern
On behalf of my family, including my two children learning to ski at Beaver Creek, we
are writing to express our STRONG opposition to proposed changes to short term
rentals in the town of Avon.
We are second home owners in Avon and have been significant contributors to the
tax revenues of the town over the years by improving the property, and making our
home available for visitors to Avon, while we are not personally using our home.
While we understand there are issues with a shortage of housing, restricting short
term rentals isn’t the solution. Our house is occupied by us or family and friends
frequently throughout the year. Therefore, long term rentals are not an option for us.
Working with the ski resorts, the county and the state to find long term sustainable
solutions to this problem should be where the town council focuses its efforts, not on
further restricting short term rentals.
Restricting our ability to rent our house when we’re not there would not only NOT help
with the housing supply issue, as it would never be made available as a long term
rental, but would have a significant negative impact on tax revenues received by the
town, while simultaneously negatively impacting the quality of family-friendly
accommodations for visitors to Avon, who also bring money to the town and to local
businesses. It’s difficult to imagine that there wouldn’t also be a deleterious effect on
Avon neighborhoods from having vacant homes, like ours would be, for possibly large
portions of the year.
We strongly oppose changes to these rules. Not only will the issue of housing
availability not be improved by these measures, the town and local businesses will be
hurt by a significant decline in revenues generated by properties like ours - which are
subject to the highest tax rates in Eagle county.
Thank you for your consideration,
-Keith
Keith MorrisonSr. Director, Global Marketing | Patient MonitoringBlood Oxygen Management & Respiratory Compromise
Medtronic6135 Gunbarrel Ave | Boulder, CO 80301 | USAOffice 303.305.2607 | Mobile 303.808.5863 keith.a.morrison@medtronic.com medtronic.com | Facebook | LinkedIn | Twitter | YouTube
EXHIBIT E
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EXHIBIT E
From:Dana Rubin
To:Short Term Rentals
Subject:letter of opposition to short term rental proposal
Date:Monday, May 16, 2022 9:44:45 AM
To Whom it May Concern,
Please take into consideration the following reasons why we are STRONGLY against
changing the terms of short term rentals.
1. Changing them will not help the issue of affordable housing, it actually could create the
opposite effect. Because I use my property a lot during the year, long term rentals are not an
option and with real estate selling at an all time high the long term rents would be
unaffordable to most.
2. Short term rentals bring a lot of income into the town of Avon. Why would you want to
limit that????
3. Travelers looking for rentals would choose other places to go because short term rentals are
a hugely desirable accommodation choice.
We oppose changes to the current rules for short term rentals because of the above reasons and
because it's been working so well the way things stand.
Thank you for your time,
Mitchell and Dana Runin
EXHIBIT E
-----Original Message-----
From: matt Tonn <mtonn78@icloud.com>
Sent: Tuesday, May 17, 2022 1:43 PM
To: Council Everyone Group <council@avon.org >
Subject: 5/17Comments for town council meeting
All, my name is Matthew Tonn, Full time resident/Owner, here at:
816 W. Beaver Creek Blvd Lakeview Condominiums, Avon
I’d like to comment on the t opic of STR.
I strongly oppose STR in our Avon condominium/ apartment complexes as a whole.
I am in favor of the recent re-zoning map that would no longer allow Lakeview at Benchmark
Condominiums to STR.
We are steps away from the elementary school(school zone). I cannot think of another town in the
world that has hotels in a school zone? Clerkless hotels in our case.
Community safety and security is being compromised by transient turn and burn rentals .
Avon is loosing residents and community that I’ve grown to love over the past 22 years. Let’s keep our
full time/ year round residents a top priority, please. There is no community without us.
Matthew Tonn
Lakeview at Benchmark Condos
Sent from my iPhone
EXHIBIT E
970-748-4030 jskinner@avon.org | mmorgan@avon.org
Page 1 of 10
TO: Planning and Zoning Commission
FROM: Jena Skinner, AICP, Senior Planner
RE: PUBLIC HEARING: Short Term Rentals
Code Amendments - File # CTA22002
DATE: July 1, 2022
SUMMARY: Avon Town Council directed Staff to prepare and submit an application for Municipal Code
Amendments to establish limits on Short Term Rental (“STR”) licenses. Proposed Code Text Amendments
(“Exhibit A”) are presented to the Planning & Zoning Commission (“PZC”). PZC is required to conduct a
public hearing before taking action to provide a recommendation to Council on proposed code
amendments. Council would adopt any code amendments by adoption of an ordinance.
Council approved this overall mission statement at its meeting on June 14, 2022:
Mission Statement: Update and strengthen housing policies to increase the year-round
occupancy of the existing housing stock by limiting the rapid conversion of residential
properties to properties used specifically for STRs.
The proposed code text amendment application seeks to modify the Avon Municipal Code affecting Title 3,
Revenue and Finance specifically, §3.12.020. Definitions, Title 5 Business Licenses, specifically,
§5.04.050. Short Term Rentals, Title 7: Development Code, specifically, §7.08.010 General Definitions,
§7.20.090 Overlay Districts, §7.24.050 Use Specific Regulations, and, includes modifications to the
TOWN CORE MAP (“TCM”), which is utilized within Title 7.
Council expressed a desire to proceed expeditiously with review of STR license regulations and potential
limits and therefore requests PZC to provide a recommendation before the July 26, 2022 Avon Council
meeting.
COUNCIL DIRECTION: Avon Town Council took action to approve Ordinance 22-08 which amended the
Short Term Rental licensing requirements to establish Minimum STR Management Requirements, increase
STR license fees, and recognize Resident Occupied Short Term Rentals as a distinct form of STR use.
Council desires to establish appropriate limits on STR licenses in appropriate areas and looks to PZC for
review and recommendations. Council members expressed support for a wide variety of potential
limitations on Short Term Rental licenses such that there was not a clear consensus on the terms and
details of limits of STR licenses. The general direction from Council at the June 14, 2022 Council meeting
was to consider a limitation on STR licenses for properties INSIDE the STR Overlay Zone District and
OUTSIDE the Town Core area. Council also expressed support for a limitation for each property based on
a percentage of the total residential units on each property. Staff is recommending a 15% limit on STR
Licenses for each property outside the Town Core area.
Several notable aspects of an STR Limitation for PZC awareness and consideration include:
Any STR licenses approved by the Town on or prior to the effective date of any ordinance limiting
STR licenses would be “grandfathered” and allowed to continue even if STR licenses exceed the
limit allowed for that property. STR licenses are not transferrable to new owners, so upon
conveyance of property, the subsequent property owner would have to apply for a new STR
ATTACHMENT F
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Page 2 of 10
license and would be subject any limitation on STR licenses which are in effect.
Any limit on STR licenses would not apply to Resident Occupied Short Term Rentals (“RO-STR”).
RO-STRs require at least one resident who uses the residence as their primary residence to be
present when other bedrooms are rented. Short Term Rental of extra bedrooms is considered to
be a form of promoting affordable home ownership.
Council desires to allow part-time/second homeowners to Short Term Rent their residences when
not in use for a limited number of days a year. Short Term Rental for a limited number of days
would not be subject to the STR license limits which are proposed. Staff is recommending 42
days per year, which would allow three weeks in winter and three weeks in summer.
COUNCIL WORK SESSIONS: The following captures the varying levels of Town Council support for
various aspects of STR regulations to date, and where PZC can assist with providing recommendations for
final action:
Options No Longer Being
Considered
Options Achieving Support By TC Options Needing Additional
Review by PZC
Moratorium Expanding Town Core (as presented) Criteria for Caps
Unlimited STR Licenses Limitless Resident Occupied STRs Cap Percentage Amount
Geographic Criteria for
Limiting Caps
Limitless STRs in Town Core &
PUDs
Primary Resident Component
(E.g., Avon resident unit owners vs. out-
of-town unit owners)
Intensive Admin Oversight Percentage-based Cap - Outside
Town Core Limits on Rentals per Year
(via various types of licenses)
Council reviewed a wide variety of STR regulation strategies. Council expressed general support for an
expanded Town Core (attached as “Exhibit B”) where STR licenses are not capped and establishment of a
cap on STRs outside of Town Core with the exception that RO-STRs and STRs with a limited number of
total rental days would not be subject to any STR cap.
Staff has proposed to expand the existing Town Core area to include Basecamp, Ascent and Front Gate
properties, which are oriented and priced for luxury second home ownership.
BACKGROUND: Avon has a history of concentrating significant commercial and mixed-use commercial
uses within the Town Core. The zoning and development in the Town Core establishes a downtown area
comprised of higher density, mixed-use, variety of amenities that cater to visitors, and pedestrian
walkability. Staff proposes expanding the Town Core map (circa 2011) to include Basecamp, Ascent, and
Front Gate as properties which have a high per square foot value and are unlikely to offer affordable long-
term rental opportunities. Staff is also proposing that PUDs outside the Town Core area for which PZC and
Council previously approved STR use be allowed to continue to have STRs without any cap on STR
licenses. These PUD properties include Canyon Run, Stonebridge and Brookside.
PROCESS: The review process requires a noticed public hearing with PZC. Final action is taken on the
Application by Town Council after conducting public hearings and either approval by Ordinance or denial by
motion.
970-748-4030 jskinner@avon.org | mmorgan@avon.org
Page 3 of 10
Town Council
June 28, 2022 1st Reading of
Ordinance 22-08
HISTORY OF STRs and the STRO: The Town adopted the Short Term Rental Overlay (“STRO”) zone
district in 2009 to formalize and license the Short Term Rental uses which had been occurring since Avon’s
original development. An “Overlay Zone District” is a zoning technique that allows the imposition of zoning
uses, regulations and minimum requirements which are in addition to the underlying zone district.
Planned Unit Development (“PUD”) properties which did not expressly permit Short Term Rentals were
advised to applied to the Town for a PUD Amendment. Canyon Run, Stonebridge, and Brookside applied
for PUD amendment which amendments were approved by Council. In 2017, an amendment was made to
the STRO that allowed properties on Nottingham Road to permit STRs.
COMMUNITY HOUSING PLAN: The Avon Town Council adopted the 2021 Avon Community Housing
Plan, in the fall of 2021. This document offers guidance regarding the evolution of this revised STR
program. Specifically, this document includes the following specific goals and tasks for STR regulations:
1. Evaluation of properties which operate as a condo-hotel or timeshare; have traditionally
hosted STRs; provide amenities that are visitor oriented; or are in close proximity to Avon’s
commercial core.
2. Evaluation of residential properties that have traditionally not had a significant number of
STR licenses or units; or are in proximity to community anchors, such as the Avon
elementary school, which are more oriented for full-time resident use.
3. Reconsideration of the existing boundaries of the Short-Term Rental Overlay District.
4. Consideration of a second tier Short-Term Rental Overlay that requires owner occupancy of
the residence while allowing Short Term Rental of a portion of the residence to defray
housing costs.
5. Consideration of minimum standards for operation and maintenance of STR units.
6. Review of STR regulations adopted by other mountain resort communities, including a cap
on licenses.
Less than one year later, (March 2022), Council, Staff, and members of the public kicked off formal
dialogue concerning STR impacts of the community and what potential updates to regulations may be
needed as both average priced homes and long-term rentals became scarce. The following represents a
detailed timeline of the Town Council’s discussions to address STRs:
PZC
July 5, 2022 Public Hearing(s)
CTA22002
Town Council
July 26, 2022
1st Reading 22-09
2nd Reading 22-08
& Public Hearing
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April 12: Town Council Meeting – Work Session – Link to Packet - Report is pages 128 -133
Staff Shared:
Overview of STRs in Avon
STR regulation strategies employed in other communities (CAST Matrix 2022)
Potential revised Overlay
o Split existing overlay into two areas:
TIER 1: Standard STR Overlay (“STRO”) with no updated restrictions or requirements
for STRs
TIER 2: Resident Occupied (“RO-STRO”) where only a resident living at the property
can receive STR license
Main Points:
o STRS are difficult to track with current licensing process
o Avon has no minimum safety regulations for STRs
o Fee structure is minimal ($75) and will not cover admin costs if any updates occur
o Large variety of STR regulations across the West
Municipalities contract out for STR analysis and recommendations
Council Response:
In favor of updating fees and safety standards
Not in favor of proximity to Avon Elementary as criteria for revisions to STRO but interested in RO-
STRO
Not in favor of STR licensing moratorium
Not in favor of contracting for support with STR analysis
Next Steps:
Requested more info on STR patterns and trends in Avon
Requested that Avon community members receive notification that STR regulations are in revision
Requested improved criteria for revised Overlay
Requested research on best practices for Minimum STR Management Requirements
April 26: Town Council Meeting – POTENTIAL First Readings of Ordinances No. 22-08 & 22-09 –
Link to Packet - Report is pages 130 - 169
Staff Shared:
Trends and patterns of STRs in Town
Justification for continued attention to properties around Avon Elementary for RO-STRO
Ordinance No. 22-08 and 22-09
Proposed Minimum STR Management Requirements
Proposed fee structure
o Based on number of bedrooms
Timeline for approval of ordinances
Main Points:
o STRs are increasing more quickly in historically more affordable areas of Town
o Fee structure should offset roughly $100,000 admin costs annually
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Council Response:
No response to fee structure
Not in favor of intensive admin for safety requirements (E.g. Site inspections)
Not in favor of revised Overlay boundaries and criteria
Initiated idea of licensing caps
No motion for first reading
Next Steps:
Requested more research on STR fee structures
Requested more research on STR licensing caps
Requested new Overlay boundaries and criteria
May 24: Town Council Meeting – POTENTIAL First Readings of Ordinances No. 22-08 & 22-09 –
Link to Packet – Report is pages 136 -196
Staff Shared:
Analysis of STR Fee Structures
Details on STR licensing caps in Colorado communities
Pros and Cons of licensing cap types when applied to Town
Mapped STRs within unique properties in Town
Public Comments
Revised Overlay with Town Core component
o Included proposal to extend Town Core
Main Points:
o Council considering restriction of STRs outside of Town Core to Resident Occupied only
o Fee structures generally attempt to offset admin costs
Frequently don’t address community impacts and associated costs
Fees become SIGNIFICANTLY higher when community impacts assessment is
applied
o Public comments are mixed
Many opposed level of fee increase
Council Response:
In favor of using Town Core as boundary for modified Overlay
o In favor of extending Town Core
o In favor of restricting non-Resident Occupied STRs outside of Town Core
No motion for first reading
Next Steps:
Requested a mission statement for STR regulation
Requested what-if scenarios of licensing caps applied to existing conditions in Town
Requested mailer to be sent to residential property owners in Overlay
Requested reduced fee structure
Requested data to show trends and existing conditions of STRs in Town
Requested that ComDev update STR business licensing form and process
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June 14: Town Council Meeting – POTENTIAL First Readings of Ordinances No. 22-08 & 22-09 –
Link to Packet - Report is pages 55-116
Staff Shared:
STR regulation mission statement
Reduced fee structure
Granular data of STRs within unique properties in Town
What-if scenarios for potential licensing caps
Public Comments
Revised Overlay with Town Core component
o Included proposal to extend Town further expand to include four additional multi-family
properties
Main Points:
o Variety of licensing cap options present significantly different outcomes
Council generally wants STRs capped where they are (~15%) outside Town Core
Not interested in limiting STRs in Town Core
o Caps would not impact fee structure
Council Response:
Partially in favor of extending Town Core AGAIN
o In favor of 2 / 4 additional properties
o Still in favor of restricting non-Resident Occupied STRs outside of Town Core
No motion for first reading
Next Steps:
Requested review and recommendations from PZC
Requested licensing caps be removed from 22-08
o To be updated on future date
June 28: Town Council Meeting – First Reading of Ordinance No. 22-08 – Link to Packet - Report is
pages 274-283
Staff Shared:
Updated Ordinance 22-08 with licensing cap options removed
Plans for PZC to review STR regulations and provide recommendation on July 5
Council Response:
Passed First Reading of Ordinance 22-08
o Includes fee structure & safety standards
o No caps included
PZC public hearing, review and recommendations
PUBLIC NOTIFICATION & COMMENTS: Notice of the public hearing was published in the Vail Daily in
accordance with Sec. 7.16.020(d) of the Avon Development Code (“ADC”). Mailed notice is also required
for this application 11-days prior. Mailed notification was provided to all property owners in the STRO with
over 1,600 post cards sent out via USPS. Public comments (“Exhibit D”)are attached to this report.
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PLANNING ANALYSIS
CODE TEXT AMENDMENT CRITERIA: The review criteria for Code Text Amendments are governed by
AMC §7.16.040, Code Text Amendments. The PZC and Town Council shall use the following review
criteria as the basis for recommendations and decisions on applications to amend the text of the
Development Code. Staff responses to each review criteria are provided.
Review Criteria:
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
Staff Response: Staff has documented an increase in the number of STR licenses for properties
outside the Town Core, particularly for properties which have had a very low number of STR licenses.
The preservation of residential housing stock for long-term residential use is an important aspect of
meeting Community Housing demands and achieving a functional balance of housing uses to
commercial and visitor uses. Maintaining existing residential housing stock for long-term residential use
will promote a sustainable community and will thereby promote the health, safety, and welfare of the
Avon Community.
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: This amendment is consistent with the provisions of the Comprehensive Plan;
moreover, directly reflects to the recommendations of the 2021 Avon Community Housing Plan.
The amendments provide controls to increase the compatibility of STR uses for the community, while
also helping to provide options for STR licensing, targeting the intention to prolong full time occupancy
in units. STRs license numbers are increasing in this area, with a commensurate reduction of
residences available for long-term residential use. This trend reflects the increased number of STR
licenses and the intensity of use thereof, applied to residential development outside the Town Core.
Within the “Tools & Strategies” section of this plan entitled, “Short Term Rentals” (pg. 9), the
recommended priorities for revisions to the STRO include the following:
Consideration of a second tier Short Term Rental Overlay that requires owner
occupancy of the residence while allowing Short Term Rental of a portion of the
residence to defray housing costs. (or in this case, we propose using Town Core
provisions)
Consideration of minimum standards for operation and maintenance of Short Term
Rental units.
Review of Short Term Rental regulations adopted by other mountain resort
communities, including a cap on licenses
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Page 8 of 10
The proposed amendment directly implements the recommendations in the 2021 Avon Community
Housing Plan. More precisely, the text amendment implements the goals of the Housing Plan by
incorporating owner occupancy requirements and limitations for certain areas of Town historically more
residential in nature.
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
Staff Response: Section 7.04.030(n) of the Avon Development Code states:
Achieve a diverse range of attainable housing which meets the housing needs
created by jobs in the Town, provides a range of housing types and price points to
serve a complete range of life stages and promotes a balanced, diverse and stable
full time residential community which is balanced with the visitor economy;
Limiting the conversion of residential property from long term residential use to short term residential
use will contribute to the range of housing types and will promote a balance of rental housing needed
for an increase in jobs associated with the visitor economy.
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: The text amendments are in direct response to the recent and more rapid increase in STR
licenses that convert residential properties available for long term residential use to short term residential
use. The text amendments will mitigate the change in social and economic conditions associated with
inadequate supply of housing and inadequate workforce supply for local employers.
CONFORMANCE WITH SECTION 7.16.010(F)(1) REVIEW CRITERIA
Section 7.16.010(f)(1) provides general review criteria that is 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.
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Staff Response: This code text amendment application is complete. Staff believes that sufficient
information has been presented to allow PZC to review this application in relations to the review
criteria. This code text amendment application complies with the Avon Comprehensive Plan,
specifically the 2021 Avon Community Housing Plan. This code text amendment application will not
impact demands for public services or infrastructure because it will not change residential use, rather,
these regulations address short term residential use versus long term residential use.
RECOMMENDATION: I recommend approval of this code text amendment application. Staff believes that
the current STR regulations do not establish appropriate limits outside the Town Core to maintain existing
residential housing stock for long term residential use.
Specific language change for STR limits is as follows:
AMC 5.04.050 (g) Limitation of Short Term Rental Licenses. The total number of STR
licenses permitted for a multi-family subdivision property in the Short Term Rental Overlay
zone district and outside the Town Core shall be 15% of the total number of residential
units for such property, with the following exceptions and modifications:
(1) Multi-Family subdivision property shall mean a multi-family residential development
associated with a site-specific subdivision plat approval for such property which typically
has a distinct subdivision name for such property.
(2) The number of allowed STR Licenses shall be rounded up to the nearest whole number
and shall not be less than three (3) for any multi-family subdivision property.
(3) There shall be no limit on Resident Occupied Short Term Rental licenses.
(4) There shall be no limit on Part-Time Short Term Rental licenses which restricts the total
number of Short Term Rental days in one calendar year to a maximum of 42 days.
OPTIONS:
PZC has the following options:
Recommend Approval as outlined below;
Recommend Approval with modified findings and conditions;
Continue application to future meeting pending additional details or studies; or
Deny application after formulating justifiable findings.
RECOMMENDED MOTION: “I move to Approve Case #CTA22002, an application for a Code Text
Amendment affecting Short Term Rentals, based on the findings outlined in Staff’s report.”
Findings:
1. The Application was reviewed in accordance with §7.16.010(F)(1) Review Criteria and
§7.16.040, Code Text Amendments of the Avon Development Code, and is found to be in
substantial compliance.
2. The text amendment promotes the health, safety and general welfare of the Avon
community;
3. The text amendment promotes or implements the goals and policies of the Avon Comprehensive
Plan and Housing Plan;
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4. The text amendment promotes or implements the purposes stated in this Development Code;
and
5. The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts or other social or economic conditions.
EXHIBITS:
A. Proposed Code Changes
B. Proposed Town Core Map
C. Proposed Ordinances
D. STR Trends
E. Public Comments
PZC Record of Decision: #CTA22002
Page 1 of 2
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARING: July 19, 2022 TYPE OF APPLICATION: Code Text Amendment FILE NUMBER: CTA22002 APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.040, Code Text
Amendment, and §7.16.010(F)(1) Review Criteria.
FINDINGS: The Planning and Zoning Commission (“PZC”) adopts the following findings:
1.Planning and Zoning Commission held hearings on July 5 and July 19, 2022. The PZC considered
both the Staff Reports dated July 1 and July 15, 2022, as well as all of the public comments and
testimony provided at these hearings.
2.The text amendment promotes the health, safety, and general welfare of the Avon community by
balancing the existing residential housing stock for long-term residential use with STR use to
promote a sustainable community. This is achieved by limiting the number of typical STR
licenses through caps while allowing an unlimited number of resident occupied STR licenses, as
well as licenses that permit STR owners to short term rent their units for a maximum of 42-days
or six (6) weeks in the year. This is also accomplished by implementing mandatory health and
safety standards such as smoke detectors, informational signage, fire extinguishers, and other
operational and maintenance controls;
3.The text amendment promotes and implements the goals and policies of the Avon
Comprehensive Plan and is consistent with the provisions of this Plan. Moreover, the
amendments directly reflect the recommendations of the 2021 Avon Community Housing Plan by
implementing its goals, including the, “Consideration of a second tier Short Term Rental Overlay
that requires owner occupancy of the residence while allowing Short Term Rental of a portion of
the residence to defray housing costs”, (or in this case, we propose using Town Core provisions),
and the implementation of, “…minimum standards for operation and maintenance of Short Term
Rental units”. In doing so the result will also satisfy Section 7.04.030(n) of the Avon Development
Code, which directs the achievement of, “…a diverse range of attainable housing which meets
the housing needs created by jobs in the Town, provides a range of housing types and price
points to serve a complete range of life stages and promotes a balanced, diverse and stable full
time residential community which is balanced with the visitor economy”;
4.The text amendments also promote or further implement the purposes stated in the Development
Code with the establishment of, “…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”. Further, “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 [and Housing plan] for a more attractive, efficient and livable
community”;
ATTACHMENT G
PZC Record of Decision: #CTA22002
Page 2 of 2
5. The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts, or other social or economic conditions. Significantly, Staff has demonstrated that
there is a recent and rapid increase in STR licenses that convert residential properties from long-
term residential use to short term residential use by 74% in residential properties outside of the
Town Core within the last three (3) years. These text amendments will help to mitigate the
change in social and economic conditions associated with an inadequate supply of housing and
the local workforce for local employers by mitigating this impressive impact through use of caps
on licensing outside of Town Core and by not limiting STR licensing within the Town Core where
more lodging and commercial uses are found;
6. The development application is complete;
7. The development application provides ample information to allow the PZC to determine that the
development application complies with the relevant review criteria. This information was presented
to the PZC by Staff, and additionally through information provided to the PZC in the presented
packet of materials for this application; and
8. The Public hearings conducted on July 5th and July 19, 2022, have satisfied all meeting noticing
requirements.
DECISION: Recommendation for Approval of the application.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
Chairperson
PZC Record of Decision: CTA22002 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARING: July 19, 2022 TYPE OF APPLICATIONS: Code Text Amendment
FILE NUMBER: CTA22002
APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.040, Code Text
Amendment, and §7.16.010(F)(1) Review Criteria
DECISION: Recommend Denial
Findings:
It has been found that:
1.The text amendment does not further promote the health, safety, and general welfare of the Avon
community because STRs have been an acce ptable in the community since 2009 with minimal negative
impacts;
2.The text amendment does not promote nor sufficiently implement the goals and policies of the Avon
Comprehensive Plan and is therefore not consistent with the provisions of this Plan and the 2021 Avon
Community Housing Plan;
3.The text amendment does not promote nor sufficiently implement the purposes stated in this
Development Code and will not significantly contribute to the community’s range of housing types and
balance of rental housing needed for an increase in jobs associated with the visitor economy;
4.The text amendment is neither necessary nor desirable and does not effectively respond to changed
conditions, new planning concepts, or other social or economic conditions like the recent increase in STR
licenses that convert residential properties from long -term residential use to short term residential use.
The text amendments will not help to mitigate the change in social and economic conditions associate d
with an inadequate supply of housing and the local workforce for local employers; and,
5.The application does not provide sufficient information to allow PZC to determine that the development
application complies with the relevant review criteria;
6.Implementing a cap on short term rentals will restrict a revenue-generating feature of specific residential
properties for property-owners. This restriction may diminish the Town’s ability to advance one of the stated
purposes of the Avon Development Code: “(Promote) accuracy of investment expectations” - Avon
Development Code – §7.04.030 (o) – Purposes
7.Restricting STRs in specific areas may accelerate blight. Short-Term Rental properties have a general
obligation to be safe, inviting, and well-kept, and a restriction of STRs could diminish the Town’s ability to
meet one of the state policies of the Avon Comprehensive Plan to “Encourage redevelopment and
revitalization of outdated, rundown, or otherwise neglected areas.”
8.Restricting STRs in specific areas may diminish potential revenue generated by residential development
projects, thus reducing overall interest from developers who may otherwise help the Town achieve the
stated goal of the Avon Comprehensive Plan: “Achieve a diverse range of housing densities, styles, and
types, including rental and for sale, to serve all segments of the population.”
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
Chairperson
ATTACHMENT H
_______________________________________________________________________________
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.
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AVON PLANNING & ZONING COMMISSION
MEETING MINUTES
TUESDAY, JULY 5, 2022 - MEETING BEGINS AT 5:00 PM
100 MIKAELA WAY – AVON TOWN COUNCIL CHAMBERS – AVON TOWN HALL
1. CALL TO ORDER AND ROLL CALL
ACTION: THE MEETING WAS CALLED TO ORDER AT 5:03PM BY INTERIM CHAIRPERSON GOLEMBIEWSKI.
A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE BILL GLANER, DONNA LANG, MARTY
GOLEMBIEWSKI, KEVIN HYATT, AND TOM SCHAEFER. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL,
PLANNING DIRECTOR MATT PIELSTICKER, SENIOR PLANNER JENA SKINNER, AND PLANNER 1+ MAX MORGAN
2. APPROVAL OF AGENDA
ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY
COMMISSIONER LANG, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM
THERE WERE NONE.
4. PUBLIC HEARING – CODE TEXT AMENDMENTS FOR SHORT TERM RENTAL REGULATIONS | FILE #CTA22002
(SENIOR PLANNER JENA SKINNER)
PUBLIC COMMENTS: OWEN HOLDER AND KATE DOYLE MADE PUBLIC COMMENTS.
ACTION: COMMISSIONER GLANER MOTIONED TO CONTINUE THE HEARING TO THE NEXT PZC MEETING ON JULY 19, 2022.
THE MOTION WAS SECONDED BY COMMISSIONER HYATT. THE MOTION TO CONTINUE WAS APPROVED UNANIMOUSLY, 4-
0 (COMMISSIONER LANG RECUSED HERSELF FROM THE MEETING PRIOR TO THE MOTION).
5. PUBLIC HEARING – TEMPORARY USE PERMIT FOR CONSTRUCTION STAGING | 332 E. BEAVER CREEK BOULEVARD
FILE #TMP2200 2 (PLANNING DIRECTOR MATT PIELSTICKER)
PUBLIC COMMENTS: THERE WERE NONE
ACTION: COMMISSIONER SCHAEFER MOTIONED TO CONTINUE THE HEARING TO THE NEXT PZC MEETING ON JULY 19,
2022. THE MOTION WAS SECONDED BY COMMISSIONER HYATT. THE MOTION TO CONTINUE WAS APPROVED
UNANIMOUSLY, 4-0 (COMMISSIONER LANG RECUSED HERSELF FROM THE MEETING PRIOR TO THE MOTION).
6. CONSENT AGENDA
6.1. MAY 3, 2022 PLANNING AND Z ONING COMMISSION MEETING MINUTES
6.2. J UNE 21, 2022 PLANNING AND ZONING COMMISSION MEETING MINUTES
_______________________________________________________________________________
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.
2
6.3. RECORD OF DECISION FOR DEVELOPMENT PLAN APPROVAL EXTENSION | 5091 WILDRIDGE ROAD EAST
ACTION: COMMISSIONER SCHAEFER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY
COMMISSIONER HYATT. THE MOTION TO APPROVE THE AGENDA WAS APPROVED UNANIMOUSLY, 4-0 (COMMISSIONER
LANG RECUSED HERSELF FROM THE MEETING PRIOR TO THE MOTION).
7. STAFF APPROVALS
7.1. WESTIN ROOF MINOR DEVELOPMENT REVIEW | FILE #MNR22017
7.2. BOY SCOUT PARKING @ FIRST BANK TEMPORARY USE FOR EVENTS | FILE #TMP22003
7.3. EIN P ROSIT TEMPORARY USE FOR EVENTS | FILE #TMP22004
8. ADJOURN
ACTION: COMMISSIONER HYATT MOTIONED TO ADJOURN THE MEETING. THE MOTION WAS SECONDED BY
COMMISSIONER GOLEMBIEWSKI. THE MOTION TO ADJOURN WAS APPROVED UNANIMOUSLY, 4-0 (COMMISSIONER LANG
RECUSED HERSELF FROM THE MEETING PRIOR TO THE MOTION).
THESE MEETING MINUTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF
THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO
INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH
COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING
ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED
FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION
REQUEST.
APPROVED:
X
CHAIRPERSON