PZC Packet 070522_______________________________________________________________________________
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 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
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM
4.PUBLIC HEARING – CODE TEXT AMENDMENTS FOR SHORT TERM RENTAL REGULATIONS | FILE #CTA22002
(SENIOR PLANNER J ENA SKINNER)
5.PUBLIC HEARING – TEMPORARY USE PERMIT FOR CONSTRUCTION STAGING | 332 E. BEAVER CREEK BOULEVARD
FILE #TMP22002 (PLANNING DIRECTOR MATT PIELSTICKER)
6. CONSENT AGENDA
6.1. MAY 3, 2022 PLANNING AND Z ONING COMMISSION M EETING MINUTES
6.2. J UNE 21, 2022 PLANNING AND ZONING COMMISSION MEETING MINUTES
6.3. RECORD OF DECISION FOR DEVELOPMENT PLAN APPROVAL EXTENSION | 5091 WILDRIDGE ROAD EAST
7. STAFF APPROVALS
7.1. WESTIN ROOF M INOR 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
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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:
x 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
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license and would be subject any limitation on STR licenses which are in effect.
x 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.
x 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.
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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:
x Overview of STRs in Avon
x STR regulation strategies employed in other communities (CAST Matrix 2022)
x 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
x 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:
x In favor of updating fees and safety standards
x Not in favor of proximity to Avon Elementary as criteria for revisions to STRO but interested in RO-
STRO
x Not in favor of STR licensing moratorium
x Not in favor of contracting for support with STR analysis
Next Steps:
x Requested more info on STR patterns and trends in Avon
x Requested that Avon community members receive notification that STR regulations are in revision
x Requested improved criteria for revised Overlay
x 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:
x Trends and patterns of STRs in Town
x Justification for continued attention to properties around Avon Elementary for RO-STRO
x Ordinance No. 22-08 and 22-09
x Proposed Minimum STR Management Requirements
x Proposed fee structure
o Based on number of bedrooms
x Timeline for approval of ordinances
x 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:
x No response to fee structure
x Not in favor of intensive admin for safety requirements (E.g. Site inspections)
x Not in favor of revised Overlay boundaries and criteria
x Initiated idea of licensing caps
x No motion for first reading
Next Steps:
x Requested more research on STR fee structures
x Requested more research on STR licensing caps
x 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:
x Analysis of STR Fee Structures
x Details on STR licensing caps in Colorado communities
x Pros and Cons of licensing cap types when applied to Town
x Mapped STRs within unique properties in Town
x Public Comments
x Revised Overlay with Town Core component
o Included proposal to extend Town Core
x 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
x Fees become SIGNIFICANTLY higher when community impacts assessment is
applied
o Public comments are mixed
Many opposed level of fee increase
Council Response:
x 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
x No motion for first reading
Next Steps:
x Requested a mission statement for STR regulation
x Requested what-if scenarios of licensing caps applied to existing conditions in Town
x Requested mailer to be sent to residential property owners in Overlay
x Requested reduced fee structure
x Requested data to show trends and existing conditions of STRs in Town
x 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:
x STR regulation mission statement
x Reduced fee structure
x Granular data of STRs within unique properties in Town
x What-if scenarios for potential licensing caps
x Public Comments
x Revised Overlay with Town Core component
o Included proposal to extend Town further expand to include four additional multi-family
properties
x 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:
x 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
x No motion for first reading
Next Steps:
x Requested review and recommendations from PZC
x 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:
x Updated Ordinance 22-08 with licensing cap options removed
x Plans for PZC to review STR regulations and provide recommendation on July 5
Council Response:
x Passed First Reading of Ordinance 22-08
o Includes fee structure & safety standards
o No caps included
x 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:
x 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)
x Consideration of minimum standards for operation and maintenance of Short Term
Rental units.
x Review of Short Term Rental regulations adopted by other mountain resort
communities, including a cap on licenses
The proposed amendment directly implements the recommendations in the 2021 Avon Community
Housing Plan.
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(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 promote providing a range of housing types and will promote a balance of housing with the
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 increase in STR licenses and
increase in conversion of 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.
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
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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:
x Recommend Approval as outlined below;
x Recommend Approval with modified findings and conditions;
x Continue application to future meeting pending additional details or studies; or
x 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;
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.
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PZC DIRECTION TO COUNCIL: As the PZC will make Recommendations to Town Council for
Consideration, the following is a guide for formulating your recommendations:
x The PZC generally supports Capping STRs at a percentage of total dwelling unit outside the Town
Core at %
Or
x The PZC generally supports Capping STRs at the following percentages based on a criterion as
determined by PZC that includes: ______________
Or
x The PZC generally supports Capping STRs based on licensing types:
(List % cap with each license type)
Or
x The PZC does support Capping STRs for the following reasons: ___________
x Additionally, the PZC generally recommends the following elements be added to the proposed
program as it relates to licensing…
Or
x The PZC recommends the following limitations to the STR program for the following reasons…
EXHIBITS:
A.Proposed Code Changes
B.Proposed Town Core Map
C.Proposed Ordinances
D.STR Trends
E.Public Comments
EXHIBIT A
The following document contains the proposed Code Text Amendments for Case #(CTA22002).
The proposed application seeks to modify the Avon Municipal Code affecting:
x Title 3, Revenue and Finance specifically, §3.12.020. Definitions
x Title 5 Business Licenses, specifically, §5.04.050. Short Term Rentals
x Title 7: Development Code, specifically, §7.08.010 General Definitions, §7.20.090 Overlay
Districts, §7.24.050 Use Specific Regulations, and,
x 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
PROPOSED TOWN CORE MAP 2022
PROPOSEDEXISTING
EXHIBIT B
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.
(;+,%,7&
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]
(;+,%,7&
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
(;+,%,7&
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
(;+,%,7&
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.
(;+,%,7&
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,
(;+,%,7&
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
(;+,%,7&
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"
EXHIBIT 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,
MynameisJohnMartinandIhavebeenteachingasapublicschoolteacherforECSDfor7yearsandownacondoin
Liftview.IwouldliketocommentontheShorttermrentallicensingandzoningproposal.
ItisobviousthatthereisnohousingforindividualswhowanttorentforthepurposeofresidinginAvon.Thereare4
hotelsatleastinAvon,multipleinbeavercreek,andplentyofspaceforpeoplethatwanttocomeandskiduringthe
winteriftheywishtopaythehighprices(asdoallofourresidents).Duringthesummerthereisplentyofhotel
space.SinceVAILresortsloweredthepriceoftheEPICpassthemountainresortsarealsopacked.Theydonotneed
moreskiersonthemountain.
Itseemsclearthatweneedtoeithereliminateshorttermrentalsorputupheavyfinancial
limitations.Encouragingpeopletobuyrealestateathighpricestoprovideshorttermrentalsdrivesupourpricesof
construction,retailandrestaurantlabor,andeveryaspectofpurchasingdayͲtoͲdaygoodsinourvalley.Shortterm
rentalsonlybenefitrealestateinvestorsandtheotherlargecommercialchainsinourvalley(christys,westinsresorts,
hyatt,VRBO,Airbnb,vailownedentities,etc).Verylittleofthemoneyspentbyshorttermrentersgoestoprivate
businessownerswhichdriveourvalley.
Pleaseconsidergettingridoftheseshorttermrentalallotments.Wedonotneedtoprovidecheaphousingtovisitors
whenwedon'thaveenoughlabortoservicethosevisiting.
Thankyouforlisteningtomyinput.
JohnMartin
EXHIBIT (
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
AsownersofapropertyatTheSeasonsatAvonwhospendtimeatourpropertyaswellasearnaportionofourincome
throughshorttermrentals,weareinfavorofensuringthatshortͲtermrentalsareappropriatelymonitoredbythecity
ofAvon,andrecognizethiscomesatacost.Weareinsupportofareasonableincreaseinthelicensingfeeaswellas
establishmentofreasonable,uniformbestpracticesforshorttermrentals.
Regardingpotentialzoningchanges,wesincerelyhopeyouwillensurethatpropertyownerswhoboughttheir
propertieswiththeexpectationthatshortͲtermrentalswereameansofincometosupportthefundingofthose
propertieswillbeexemptfromalllimitationsonthenumberandlocationofshorttermrentals.
WebelievethatlimitingshortͲtermrentalsshouldnotbethemaincomponentofsolvingthehousingshortageinorder
toprotectthosewhoalreadyownpropertyintheCityofAvonandalreadyuseitforshortͲtermrentalincome.Exercising
cautiontoensurethathousingvaluesarenotsignificantlyreducedduetorestrictionsinshortͲtermrenting
opportunitieswillbeanimportantconsiderationasyouexaminezoningchanges,weighedagainsttheneedforhousing
forresidentsofAvon.
Additionally,considerationofthepotentialnegativeimpactsonAvon'seconomyduetolimitationsonshortͲterm
rentalsshouldnotbeignored.
HollyandMarkBilderback
EXHIBIT (
1
Max Morgan
From:hix@rmi.net
Sent:Wednesday, June 08, 2022 9:20 AM
To:Short Term Rentals
Subject:Short Term Rentals
WeownacondoinAvonatCanyonRunCondominiums,120E.HurdLane.ThisisasecondhomeasweliveinHouston.
WerecentlyreceivedapublichearingnoticeregardingtheJune14hearingaboutshorttermrentals.Thisnoticeinvited
ustomakecommentsTheseareourcomments:
Wehaveneverrentedourunit,eventhoughweareinAvononly6Ͳ8weeksayear–wepurchaseditforourown
enjoyment.
IservedontheBoardoftheCanyonRunCondo.Associationforover20years,mostofthoseasPresident.A
disproportionateshareoftheproblemswehadtodealwithwerecausedbyshorttermrenters.IfIcouldhavechanged
ourbyͲlawstototallybanshortͲtermrentalsIwouldhave.
So,inregardtoanychangestheTownofAvonwantstomaketoincreasefees,tightenregulations,etc.,wesaygoforit.
Infact,ifyouwanttototallybanshorttermrentals,weareallforthattoo.
Tom&JeanetteHix
120E.HurdLane,UnitAͲ203
P.S.SayhitoTamraforus!
EXHIBIT (
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
DearMayorandCouncilMembers.
IhavebeencomingtoColoradoandVailValleysincethelateseventies.Housinghasbeenacanthathasbeenkicked
downtheroadfordecadesandmostlyignoredbyVailResortsandotherlargeemployers.Iworkedmyentireadultlife
andfinallywasabletopurchaseacondoinEagleVailandthenupgradetoBrooksidePark.IchoseAvonforitslivability.I
eventuallyplantoretirethere.Idon’tthinkthathomeownersshouldbeartheresponsibilityofsolvingthehousingcrisis.
STRhavebecomeatooltohelpdefraythecostsofpropertyownership.Tomeitmightbemoretroublethanit’s
worth.Idon’thoweverliketheideaofbeingtoldhowIshouldusemyproperty.Ithinkalicensingfeeisquite
reasonable.Ithinksomesafetyconsiderationsareappropriate.Beyondthat,morerestrictionsseemlikegovernment
overreach.Peoplehavetogetthereheadsaroundthefactthatemployersneedtostepupandbuilddormsorother
facilities.Peoplealsoneedtorecognizethatinmanyhighdollarplaces(Manhattan;MiamiBeach),thepeoplethatwork
theredon’tnecessarilylivethere.Thankyouforyourtimeandconsideration.VancePreman
ͲͲ
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 (
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
ToAvonTownCouncil,
OurnamesareChelseaandMikeShantz.WeliveinDenverandpurchaseda2ndhomeinAvoninSeptember2019.As
weevaluatedwheretopurchaseahomein2018/2019,weselectedAvonbecausewelovedthetown,ithaseasyaccess
toBeaverCreek,andtherewasanareawithintownwhereSTRswerepermitted.
WecometoAvonasoftenaswecanbutalsouseourhomeasanSTRtohelppayourmortgage.Wehadsavedenough
moneyforadownpaymentbutcannotaffordthemortgagesforourhomeinDenverandourAvonhomewithoutSTR
revenue.WespecificallypurchasedourhomewithintheSTRboundariestoensurewewouldbefollowingtown
rules/ordinancesandwouldn’thavetoworryaboutselfͲfundingtheentiremortgage.
3yearslater,theTownseemstowanttochangetherules.Icontinuetogetnoticesthatyoumaychangethefee
structuresandtheboundariesofSTRtohelpwithahousingshortage.Iamencouragedthatyouhavepubliclystated
thatthecouncil“respectspropertyrights”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 (
2
Sincerely,
Michael and Chelsea Shantz
EXHIBIT (
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
Towhoitmayconcern,
IwouldliketowritesomecommentsabouttheshorttermpotentialchangesatthetownofAvon.
MywifeandIfinallyachievedthislifetimegoaltohaveshortterm(ST)rentalbusiness,weknowandcanseehowthe
AvonareahasaneededmarketforSTrentals,evenwiththelargehotelsinthearea.WedoliveandowninEdwardsas
well(BrettRanch).WealsohavelongtermrentalpropertyinGypsum(MountainGateway).Wearetrulylocals,
conductingbusinessinEagleCounty.Althoughwearenotabighotel,oursmallSTrentalbusinessdoespromotelocal
economyasourtenantsstayinAvon,eatinAvonandspendtheirmoneylocally.Asyouwellknow,wepayagood
amountoftaxesaswell.Welivehere,wespendourmoneyhereintheVailValley.
Please,pleasecontinuetoallowustorunoursmallshorttermrentalinAvon.Wefeelthataslocals,wedeservetodo
ourbusinessinAvonaswearenow.
Thankyouforyourconsideration.
AbrahamM.DeLaraJr.
C–970Ͳ389Ͳ1046
EMAIL–ABDELARAJR@HOTMAIL.COM
EXHIBIT (
1
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
HiMax–ItypedupasmallnovelonmyflightwithmythoughtsontheimpactofrezoningourcondoinSunridge
toprohibitSTR.I’lllookforwardtowatchingthetowncouncilmeetingvideointhedaystocome.I’dliketo
remainanonymousifthisemailischosentobesharedtomorrow,bytheway.
Thanks,
Billy
WearequiteconcernedaboutthepotentialforlosingourrightstoconductshortͲtermrentalsinourcondoin
theSunridgecommunitywhichweunderstandfallsintheproposedrezoneddistrictthatwouldprohibit
STR’s.Lastyearweaccomplishedadreamofourswhichwastopurchaseamountainhomeforpersonaluse
andasaninvestment.WelovespendingtimeinAvonaswellasprovidingagreatplaceforvisitorstodothe
same.
Weunderstandthattherearechallengesthatthelocalworkforcefaceinfindingaffordablehousing.However,
wedon’tthinkeliminatingSTRistheanswer.Herearesomereasonswhy:
1. We,likemanyotherSTRowners,employlocalworkersforourhousekeepingandmaintenance.This
providesabigincomeboost.BanningSTRinourdistrictwouldbeabigblowtothislocalworkforce
2.OurguestsspendmoneyinAvonwhetheritbeskiing,diningout,groceryshoppingetc.Thisgenerates
salestaxrevenueforthetownthatwouldbegreatlyreducedifourunitweresimplyownerͲoccupiedorwas
rentedonalongͲtermbasis.Moneythatcouldbespentonaffordablehousinginitiatives.
3.Ourguestsalsospendmoneyintheformofthevarioustaxesimposedontheirbookingsincludingthe
recent2%STRͲspecifictaxwhichweunderstandisintendedtohelpwiththeaffordablehousingchallenges.
4. We(likemanyothers)wouldlikelynotbeabletocomfortablyaffordownershipwithoutoccasionalSTRof
ourproperty.Wewouldlikelyhavetosell.Sothenthequestionis,whatwouldownersstartdoingthatcould
helpwithaffordablehousingforthelocalworkforce?(Idon’thavedataonthisbutI’massumingthatthe
majorityofthelocalworkforcecannotaffordtopurchasemostpropertyinAvon.I’veheardcondosinSunridge
andLiftviewsimilartoour2/2inSunridgearegoingforover$600know):
STRProhibitionScenarios:
a.OwnerlivesfullͲtimeinAvon:nobenefittolocalworkforce(againassumingaveragelocalworker
wouldnotbeabletoaffordtobuy).Thiswouldalsoeliminatesignificantincomethatlocalworkersearn
cleaningandmaintainingSTR’s.
b.OwnerlivespartͲtime:Sameas4a.Alsolesssalestaxdollarsfromtheunitbeingoccupiedless(i.e.
noonearoundtospendmoneyinAvon)
c.Ownerlivesfulltimeandrentsaroom(highlyunlikelythatanyonewoulddothis,atleastina
condolikeoursmall2/2inSunridge).NoincomeopportunityforSTRcleaningandmaintenance
d.LongͲtermrent(therentalraterequiredforanownertochargetosimplybreakevenafter
mortgage+expenseswouldlikelyexceedaffordabilityformostlocalworkers).Noincomeopportunity
forSTRcleaningandmaintenance
Attachment A - STR Public CommentEXHIBIT (
2
WewouldbedevastatedifwelostourSTRrightsandhadtosell.Ourgoalistoonlybreakevenonourexpensesandbe
abletooccasionallyusetheproperty.WefeellikeSTRoperationslikeoursbenefitthelocalworkforcefromthecleaning
andmaintenanceservicestheyprovide.WealsofeelliketheTownofAvonbenefitsfinanciallyfromthetaxrevenue
thatSTRbookingsandguestpatronageoflocalbusinessescreatewhichcanbeusedforlocalworkforcehousingͲrelated
initiatives.Whilewedon’thavetheanswerforthehousingproblems,wefeellikeeliminatingourSTRrightswouldbe
muchmoredetrimentalthanbeneficial.
OnWed,Jun8,2022at5:38PMBillyHarllee<harllee@gmail.com>wrote:
Thanksfortheinformation.Sowhenyousay"oncethatlicenseexpires",youmeanifwedidn'tpaytheannuallicense
feeandthelicenseexpiredthatunitwouldnotbeeligibleforstrgoingforward.Howeverifthelicensewere
maintained/renewedeachyear,thestrrightswouldcontinue.Isthatcorrect?
I'llseeifIcanwriteupsomethoughtsonwhywewouldbeagainsttherezoning.Pushingbackforaflightrightnow.
OnWed,Jun8,2022,5:29PMShortTermRentals<str@avon.org>wrote:
EXHIBIT (
3
From:BillyHarllee<harllee@gmail.com>
Sent:Monday,June06,20222:16PM
To:ShortTermRentals<str@avon.org>
Subject:STRzoningchanges
HithereͲIreceivedtherecentemailandmaileraboutthepotentialSTRchanges.Ihadonequestionaboutthe
zoning.Willexisting,licensedshortͲtermrentersbegrandfatheredinifthezoninghappenstoimpacttheirarea?I
heardsomeoneaskthatonarecenttowncouncilvideoIwatchedanditsoundedasiftheanswerisyes.Justwanted
toconfirmasourcondoappearstobeintheproposedzonethatwouldnotpermittraditionalSTR.
Thanks,
Billy
EXHIBIT (
1
Max Morgan
From:Kimberly Appel <kappel@klearmedinnovations.com>
Sent:Wednesday, June 08, 2022 8:23 PM
To:Short Term Rentals
Subject:Proposed STR changes
GoodEvening,
ThankstotheTownCouncilforsolicitingfeedbackfrompropertyowners.
Wecertainlyunderstandthepotentialneedtoincreasethefeeforshorttermrentalstocoverthecostsofsoftware,
personal,etc.asrelatestoissuingandenforcingshorttermrentalsattheCityofAvon.However,havinganincreaseof
severalhundreddollars,oreven$1K+greaterexpense,isabsolutelyexcessive.
Weagreewithhavingcertainsafetymeasuresinplacesothatshorttermrentalsaremanagedandhandled
appropriately.OurHOA,forexample,hasalistofrulesforunitsthatarerentedrequiringlocalmanagementwiththe
abilitytoimmediatelydealwithpotentialsafety,mechanical,etc.issueswhentheyarise.
However,weareopposedtolimitsonSTRsandthefreedomtorentone’shomeiftherulesarebeingfollowed.Andas
statedpreviously,asignificantincreaseinfeeswouldbeexcessive.
Wetoo,wouldencouragetheTownCounciltolooktoothermethodsbywhichmoreaffordablelongtermrentalscanbe
generated.Theshortterm,andlongtermrentalmarketsarevastlydifferentintheTownofAvon.Weenjoyourhome
inAvonimmensely,andallthatlifeintheValleyprovides.However,wedooffersomeshorttermrentalswhennotin
town,whichhelpsustoaffordthe(increasingandexpensive)HOAfees,mortgage,andtaxes.WewillNOTbeoffering
ourhomeforlongtermrental,asthatisnotfeasiblegiventhetimewespendthere.
Incometolocalbusinesswillsufferifwe,andothers,ceasedtooffershorttermrentalasanoptiontovisitors.The
proposedchangesbytheTownCouncilwillhaveanoverallnegativeimpactontourisminAvonandattheskiresorts,
andthemoneyspentbytouristsinAvonwillplummet.Thiswillnegativelyimpactlocalbusiness,andlikely,will
DECREASEtheneedforlongtermhousingoptionsbecauselocalworkerswillbeforcedtomoveelsewheretofindjobs.
Aswell,thequalityandnumberofestablishments,services,etc.inAvonforthepermanentresidentswillbenegatively
impactedasbusinessownerswillbeforcedtoclosewithlessincomegeneratedbytourism.
TheNationishavingaproblematicrealestateboom;NotjustAvon,CO.WhileweadmiretheattemptsbytheTown
CounciltodiscusspotentialplanstohelptheCommunity,theproposedmethodsareshortsightedand“copycat”
renditionsofwhatotherCommunitieshavetriedtoputinplace,withoutsignificantimprovement/resultstodate.
Thankyouagainforconsiderationofourthoughts.
KimAppel&DanKehoe
288WestBeaverCreekBlvd,HͲ1
Avon,CO
EXHIBIT (
STR Public Comments to Council for to June 14, 2022 Council Meeting
EXHIBIT (
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
EXHIBIT (
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EXHIBIT (
sĂŝůZ >dKZ^ΠĂŶĚƚŚŽƐĞǁĞƌĞƉƌĞƐĞŶƚĂƌĞĞĂŐĞƌƚŽďĞĂƉĂƌƚŽĨƚŚĞĐŽŶǀĞƌƐĂƚŝŽŶƐĂŶĚƐŽůƵƚŝŽŶƐƚŽŽƵƌ
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Amy Reid
Association Executive
Vail Board of REALTORS®
Vail Multi-List Service, Inc.
Vail Board of REALTORS® Foundation
email: ĂƌĞŝĚ@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:
WeareinfavorofallowingshorttermrentalsinAvon.WeunderstandthehousingshortageintheValley.Itwouldseem
thatmostshorttermrentalswouldnotbeavailableforlongtermͲmostpeopleIknowwhorentshorttermsimplyfillin
somegapswhentheyarenotintheirproperty.Wealsoownsomepropertieswerenttolongtermtenantsandfamilies
atundermarketrates,personsthatworkinthearea.Wecontinuetoimprovetheseproperties.Allowingshortterm
rentalsdoesgiveguestsanoptionofarangeofproperties.
Thankyouforlistening.
ͲͲ
ErinGreen
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
DearSirorMadam,
OK,enoughisenough.
PleaseseethefollowingpointsAGAINSTchangingtheSTRrulesinAvon:
*TheTownalreadyraisedtherentaltaxinAvon2%lastyear.TheTownofAvonhastheHIGHESTTAXESINEAGLE
COUNTY!MorethanVail,BC...anywhere.
*IfthereareevenmoreonerousrestrictionstorentingasanSTR,wewillceasedoingsoandAvonwillreceiveeven
LESSrevenuefromlodgingtaxesANDothertaxesduetoreducedheadcountand,therefore,spendinothercommunity
locations.AllthiswillaccomplishislimitthenumberoftouristsinAvonandcauselocalbusinessestosuffer.
*Iftheseadditionalfees($1,000foralicense??!!)gothrough,ourunitwillNOTresorttolongtermrental.IftheTown
thinksthisisasolutiontothelackofseasonalaccommodations,youareWRONG!
*Ourcondoisoccupiedbyfamilymembersfrequentlythroughouttheyear.WerentasSTRsonlyoccasionallytohelp
payforthealreadyhightaxesandfeesinAvon.IfweceasedoingSTRs,ourpropertywillsimplybecomeunoccupied
whilewearenotinresidence.
*OthertownsareattemptingtorestrictSTRlicenses(Telluride)andarefindingthatthisisnottheanswertothe
housingissue.
Thiseffortwillendupbackfiringiftheseproposedrulechangesgothrough.
WehavebeenfollowingalloftherulestodateandcooperativewiththeTown.Avonisreceivingrevenuethatisalready
excessive.
Secondhomeowners/STRsarenottheproblem.StopdiggingintoOURpocketsandfigureoutapublic/private
partnershipwiththeskiareas,theStateandtheCounty.I'dliketoknowwhatothersolutionstheTownCouncilhas
discussedinsteadofalwaysresortingtothe"easy"
was:justkeepraisingtaxesandfees.
KeepyourhandoutofourpocketsandstoptryingtorestricttheuseofOURproperties!
KindRegards,
Al&PamBonneau
100WestBeaverCreekBlvd.#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
Wehavebeenwatchingthediscussiononthistopicandwanttoprovideinputtothecouncil.Wehaveathreebedroom
unitinAvonthatisownedbytwocouples(brothersandtheirspouses).Weoriginallypurchasedtheunitforfriendsand
familyusewithoutintendingtorent.Onecouplemovedtotheareatwoyearsago,andwithcovidafootdecidedtouse
STRasamechanismtobringinsomeextracash.Sinceonecouplewaslocal,itcouldbeeasilymanagedifanyproblems
occurred.OneofusisontheHOABoardforourdevelopmentandtheBoardmembersspendaconsiderableamountof
timeensuringsafesprinklersystems,snowremoval,pestmanagement,cleanliness,noisemanagement,etcareinplace
forthebuilding.Theownersarenowinoursecondyearoflicensing.Weuseonlinebookingserviceswhichrequest
safecleaningpractices.Ifaunitdoesn’tprovidesafeandcleanenvironments,reviewsbyuserswillquicklyreduce
popularityoftheunits.Weunderstoodtheadded2%inoccupancyfeesthisyearwastofundlocalworkeroraffordable
housing,whichmakessense.Thereisashortageofaffordablehousingandwesupporttheideaofcreatingmore
affordablehomes.However,ahugeincreaseinthecostofalicense,suchasbeingproposedbythetownseems
ridiculous,especiallyinlightofthepotentialnumberofrentalsinthetownandthefactthatyouwouldneedtoHIRE
peopletomonitortheregulationsbeingproposed.Howdoesthishelpcreateaffordablehousing?
Inalllikelihood,ahugelicenseincreaseandadditionalinspectionsorrulestofollowwouldcauseustoremoveourunit
fromtheSTRmarket,whichmeansthetownofAvonwillloselicensefees,salestax,andoccupancytaxes.
Ontheotherhand,buildingsinAvonthathaveafrontdeskandmultipleunitsforrentshouldbechargedbyunit,sothat
thoseownerspaytheirfairshareoffeesandtaxes.It’sunforgivablethatthiswasoverlookedinthepast.
Whattherealintentionoftheproposalsisn’tcleartousatthispoint.Isthetowntryingtobringinmoneytohire
personnel(whichareinshortsupplyinthevalleybtw)ortocreatemoreaffordablehousing?Ortoreducevisitorsto
thetown?Itseemsthatthecouncilneedstogetaclearideaofexpectedoutcomebeforevotingonoptions.
MonicaKryzer
Gypsum,CO
SentfrommyiPad
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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
ToWhomItMayConcern
WearewritingtoexpressourSTRONGoppositiontoproposedchangestoshorttermrentalsinthetownofAvon.
WearesecondhomeownersinAvonandhavebeensignificantcontributorstothetaxrevenuesofthetownoverthe
yearsbymakingourhomeavailableforvisitorstoAvonwhilewearenotpersonallyusingourhome.
Whileweunderstandthereareissueswithashortageofhousing,restrictingshorttermrentalsisn’tthesolution.Our
houseisoccupiedbyusorfamilyandfriendsfrequentlythroughouttheyear.Therefore,longtermrentalsarenotan
optionforus.Workingwiththeskiresorts,thecountyandthestatetofindlongtermsustainablesolutionstothis
problemshouldbewherethetowncouncilfocusesitsefforts,notonfurtherrestrictingshorttermrentals.
Restrictingourabilitytorentourhousewhenwe’renottherewouldnotonlyNOThelpwiththehousingsupplyissue,as
itwouldneverbemadeavailableasalongtermrental,butwouldhaveasignificantnegativeimpactontaxrevenues
receivedbythetown,whilesimultaneouslynegativelyimpactingthequalityoffamilyͲfriendlyaccommodationsfor
visitorstoAvon,whoalsobringmoneytothetownandtolocalbusinesses.It’sdifficulttoimaginethattherewouldn’t
alsobeadeleteriouseffectonAvonneighborhoodsfromhavingvacanthomes,likeourswouldbe,forpossiblylarge
portionsoftheyear.
Westronglyopposechangestotheserules.Iftheydogointoeffect,Ithinkthetownwillfindthatit’scutoffit’snoseto
spiteit’sface.Notonlywilltheissueofhousingavailabilitynotbeimprovedbythesemeasures,thetownandlocal
businesseswillbehurtbyasignificantdeclineinrevenuesgeneratedbypropertieslikeoursͲwhicharesubjecttothe
highesttaxratesinEaglecounty.
Sincerely,
Kate&WarrenMead
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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
Theproposedfeehikeissubstantialandcostprohibitive.Goingfrom$75to$1,250fora3Ͳbedroomisover1500%
increase.ItwillnotmakeShortTermRentalissuebetterandwillonlypushownerstomaximizethenumberofdaysthey
rent.
Thisisanoverreachofgovernment.Therearebetteralternatives,likeofferingincentives.
Withtheexisting10%tax,Avonisalreadyseeingtaxrevenuesup25%+for2021.Eventuallythiswillgettoooverbearing
withmoreandmoreoversight.Itwilldrivepeopletoothercitiesthataremorefavorable&desirable.
From:MUNIRevsͲAvon<support@munirevs.com>
Sent:Monday,May9,20224:03PM
To:douglas_petersen@hotmail.com<douglas_petersen@hotmail.com>
Subject:UPCOMINGPOTENTIALCHANGESTOSTRANDLICENSING
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
DougPetersen
10567SkyreachRoad
HighlandsRanch,CO80126
May9,2022
DearLicensee:
YouarereceivingthisletterbecauseyouholdaTownofAvonbusinesslicenserelatingtoshortͲtermpropertyrental.
ThepurposeofthismessageistoinformyouthattheTownofAvoniscurrentlyworkingthroughmodificationstoshort
termrentalprocessandprocedures.Changeswilllikelyincludeanewfeestructure,basedonunittype,and
requirementstosatisfyminimumsafetystandards.WearealsoevaluatingwhetherportionsofTownmaybebetter
suitedforownerͲoccupancyrequirements,and/oracapontotallicenses.
NextSteps
TheAvonTownCouncilissettoreviewpotentialchangesattheirMay24,2022meeting.
Comments
YourcommentsarevaluedandwillbesharedwiththeTownCouncil.Pleasedirectwrittencommunicationto
str@avon.organdtheywillbeincludedinupcomingmeetingpackets.
Info
Formoreinformationoncurrentandproposedregulations,aswellasmeetingpacketinformation,feelfreetovisit
www.avon.org/stroverthenextseveralweeksforupdates.ForquestionspleasecontactMaxMorgan,Planner1+,at
EXHIBIT (
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970.748.4014.
Thankyou
TheTownofAvon
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,
ThankyouforyourrecentcommunicationregardingSTRinAvonandtheupcomingmeetingtodiscusspotential
changes.
Iwantedtomakesuretowriteintoexpressourconcernforthisissue.Ourfamilyrecentlyacquiredabeautifulcondoin
AvoninhopestobeabletouseitfrequentlythroughouttheyearasagetͲawayforourquicklygrowingfamily.
IwasfortunateenoughtousethecondoformybachelorpartyinMarchof2022andwehadanamazingtime
skiingBeaverCreekMountainandmadecountlessmemories.
Forourfamily,theneedforSTRscannotbeunderstated.Simplyput,wewillnotbeabletofinanciallymakethecondo
worklongtermifitwasn'tfortheabilitytoSTRthespaceduringthetimeswearebackathome.Notonlywouldthisbe
beyonddisappointingforourclosefamily,butthiswouldalsohurtthebusinessthatisgeneratedforourpartnerswho
helpmakethisdreamvacationhomeviable.Ourcleaningpartnerisahusbandandwifeteamwhohaveasmall,
boutiquecrewofladiesunderneaththemthatallbenefitgreatlyfromthecleaningfeestheyareabletorecoupfrom
theirservices.Thatmoneyeffectivelycirculatesdirectlybackintothelocaleconomy.Nottomentiontheamountof
tourismdollarsthatalsoisgeneratedfromourguestswhocometoexperiencethislovelytown.
Eventhoughweareaboutique,familyrunoperation,wewouldtechnicallybeclassifiedasinvestors.Weensureour
dealingswithourguests,thecommunication,andrespectforthepermanentlocalsofAvonisalwaysattopofmind.The
clientelethattheamazingrealestateinAvonattractsisaclassly,quality,lowmaintenanceandrespectfulgroupthatwe
believegreatlybenefitsthecommunitymorethanithurtsit.
WearegratefulfortheopportunitytoexpressourthoughtsonthismatterandIhopethecitytakesthesethoughtsinto
consideration.
Respectfully,
LukeRamirez
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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
Goodafternoon,
Asthetowncouncilformsanewpolicyaroundshorttermrentallicenses,theyshouldgivespecialconsiderationto
fractional/timeshareproperties.IoverseeFalconPointResortat175LakeSt.inAvon,54unitswithownersowning
individualweeks,over2000ownersintotal.Datapoints:
x Duetotheweekbyweekownership,theunitscannotbeusedaslongtermrentalhousing.
x About10%oftheownersplacetheirweeksintherentalpool.Mostownersownoneweek.
x Theadditionalrentalinventoryisownedbytheassociation,approximately230weeks(anotforprofitColorado
LLC).
o NearlyallrevenuefromAssociationownedweeksisusedtooffsetoperatingcosts.
x Ownerscanrenttheirweeksontheirownorthroughanythirdpartyandnotrequiredtousethemanagement
companyonsite.
x Theinventoryreleasedtorentgoesintoapool,sounitassignmentsarenotfixed.
x Thenumberofbedroomsavailablevariessignificantly,thereforeverydifficultifnotimpossibletocalculate
averagebedroomsavailableorchargelicensesonaperͲbedroombasis.
PleasebemindfulofthenonͲstandardsituationAvon’sfractionalpropertiespresent.Thanksfortheconsideration.
Mybest,
Jeff
Jeff O’Brien
DirectorofOperations
300PraterRd.POBox8280|Avon,CO81620
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
x 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
SlaterConsulting,LLC
soslater2@gmail.com
720Ͳ299Ͳ7585
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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
EXHIBIT (
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 (
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 (
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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 (
-----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 topic 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 (
970.748.4413 mpielsticker@avon.org
TO: Planning and Zoning Commission
FROM: Matt Pielsticker, AICP, Planning Director
RE: PUBLIC HEARING – Temporary Use Permit
332 E. Beaver Creek Blvd | File #TMP22002
DATE: July 1, 2022
SUMMARY: The Community Development Department received a Temporary Use Permit application for
construction staging at 332. East Beaver Creek Blvd. The property encompasses a portion of the property
formerly utilized for rodeo and other event parking. The July 5, 2022 PZC meeting was noticed for action,
however, the application is currently being modified. I recommend PZC open and close the public hearing,
and continue action to the July 19, 2022 regular meeting.
RECOMMENDED MOTION: “I move to continue the public hearing for Temporary Use Permit at 332 E.
Beaver Creek Blvd to the July 19, 2022 meeting ”.
Thank you, Matt
1
AVON PLANNING & ZONING COMMISSION MEETING MINUTES
TUESDAY, MAY 3, 2022
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 5:00pm. A rollcall was taken, and all commissioners were present.
Also present were Deputy Town Clerk Brenda Torres, Town Attorney Karl Hanlon, Planning Director
Matt Pielsticker, Senior Planner Jena Skinner, Planner 1+ Max Morgan, and applicants for 1910 Hurd
Lane Variance: Terry Nolan (representative of property owner) and Jamie McCluskie (landscape
architect).
2. SWEARING IN OF NEW COMMISION MEMBERS
New and Returning PZC Commissioners were sworn in by Deputy Town Clerk Brenda Torres in the
following order: Donna Lang Arenschield (Returning), William Glaner (New), Thomas Schaefer (New),
and Kevin Hyatt (New).
3. APPOINTMENT OF CHAIRPERSON AND VICE CHAIRPERSON
Planning Director Matt Pielsticker advised on the roles and duties of the Chairperson and Vice
Chairperson positions.
ACTION: Commissioner Lang motioned to elect Steve Nusbaum as Chairperson and Marty
Golembiewski as Vice Chairperson. The motion was seconded by Thomas Schaefer, and all were in
favor. The motion passed unanimously with a 5-0 vote. Chairpersons Nusbaum and Golembiewski
abstained.
4. APPROVAL OF AGENDA
ACTION: There were no changes proposed to the agenda. Commissioner Golembiewski motioned
to approve the agenda as published. The motion was seconded by commissioner Lang and all were
in favor. The motion passed unanimously with a 7-0 vote.
5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED
TO AGENDA ITEM
There were no conflicts or ex parte communication.
6. 1910 HURD LANE / VARIANCE – PUBLIC HEARING – DISTURBANCE IN 30’ RIPARIAN BUFFER
(SENIOR PLANNER JENA SKINNER AND LANDSCAPE ARCHITECT JAMIE MCCLUSKIE)
PUBLIC COMMENTS: Nancy Tashman, Canyon Run HOA Representative, requested that if boulder
wall is permitted, that equipment be used only at the top of the project to prevent soil compaction and
impacts to revegetation.
ACTION: Terry Nolan requested that the application for a variance is tabled for a future meeting.
Commissioner Sekinger made a motion to table the application. Commissioner Lang seconded the
motion. The motion passed 6-1, with Commissioner Golembiewski dissenting.
7. WORK SESSION / COMMISSIONER TRAINING (TOWN ATTORNEY KARL HANLON)
8. CONSENT AGENDA
8.1. Approval of minutes from April 19, 2022 PZC meeting
8.2. Approval of record of decision for 3087 and 3091 Wildridge Rd/Major Development Plan
ACTION: Commissioner Golembiewski made a motion to approve the consent agenda.
Commissioner Sekinger seconded the motion and the motion passed with a 7-0 vote.
2
9. STAFF UPDATES
9.1. Short term rental regulations
10. ADJOURN
The meeting adjourned at 6:59pm
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
1
AVONPLANNING&ZONINGCOMMISSION
MEETING MINUTES
TUESDAY,JUNE 21,2022-MEETING BEGINS AT 5:00 PM
100MIKAELA WAY –AVON TOWN COUNCIL CHAMBERS –AVON TOWN HALL
1.CALL TO ORDER AND ROLL CALL
The meeting was called to order at 5:00pm. A rollcall was taken, and all commissioners were present
with the exception of Commissioner Nusbaum and Commissioner Golembiewski.
ACTION: Commissioner Sekinger made a motion to elect Commissioner Lang as interim PZC
Chairperson for the meeting. Commissioner Schaeffer seconded the motion,and all were in favor.
The motion passed unanimously with a 4-0 vote, with Commissioner Lang recusing herself from the
vote.
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 Lang made a motion to approve the agenda as published from the previous
meeting - May 3, 2022. The motion was seconded by Commissioner Sekinger,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 no conflicts or ex parte communication.
4.WORK SESSION / DEVELOPMENT CODE PROCESSES (PLANNER 1+ MAX MORGAN)
5.CONSENT AGENDA
5.1. Major development plan and alternative equivalent compliance approval of one year extension
request- single-family home on 5091 Wildridge Road
ACTION: Commissioner Hyatt made a motion to approve the extension. Commissioner Schaeffer
seconded the motion. The motion passed unanimously 4-0. Commissioner Sekinger recused himself
from the meeting at 6:02pm, prior to presentation of the consent agenda.
6.STAFFAPPROVALS
6.1. Roof Photovoltaic at 2821 Ked Spur, Wildridge
6.2. Minor Development Review of the Landscaping Plan for 1910 Hurd Lane
7.STAFFUPDATES
7.1. Short Term Rental Regulations
7.2. Springhill Suites & Townplace Suites Hotel Approved
7.3. Landscaping Regulations
7.4. Sirens Ordinance
2
8. ADJOURN
ACTION: Commissioner Hyatt made a motion to adjourn the meeting. Commissioner Lang seconded
the motion. Meeting adjourned at 6:22pm.
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
PZC Record of Decision: #MJR20002 & #AEC20001 Page 1 of 2
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: June 21, 2022
TYPE OF APPLICATION: DESIGN EXTENSION
Major Development Plan & Alternative Equivalent Compliance
PROPERTY LOCATION: Lot 3 Wildridge Point Subdivision
FILE NUMBER: MJR20002 & AEC20001
APPLICANT: Jeff Manley
CASE AEC20001:
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.120(b):
DECISION:Approval of the application with the following findings:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance;
2. The proposed alternatives achieve the intent of §7.28.050(e) Landscaping Units, and §7.28.090(d)(4),
Roofs, 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
compliance with the subject standard; and
5. The proposed alternative imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of the Code.
6. The proposed alternative landscape design responds to the native hillside design better than the
landscaping standard;
7. The proposal alternative for roof height and pitch minimizes site disturbance better than meeting the
standard; and
8. The continuous grade in excess of 45% makes meeting the roof height and pitch requirements difficult.
CASE MJR20002:
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080(c):
DECISION: Approval of the development plan with the following findings and condition:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards established in the
Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the 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;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application;
and
6. The design relates the development to the character of the surrounding community.
PZC Record of Decision: #MJR20002 & #AEC20001 Page 2 of 2
CONDITIONS:
1. ILCs are required to confirm building height, location and footprint.
2. Design Approval is valid until March 3, 2023. Any further extension must be reviewed by Town Council.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson