TC Packet 09-27-2022
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, September 27, 2022
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request
an additional one (1) minute which is subject to approval by Council.
5. BUSINESS ITEMS
5.1. PUBLIC HEARING: Second Reading Ordinance 22-13 Enacting Title 8, Chapter 6 Recycling
Requirements (Sustainability Coordinator Charlotte Lin) (25 Minutes) 5:05
5.2. Work Session: Housing, Land Inventory, acquisition of residences (Senior Planner Jena
Skinner) (45 Minutes) 5:30
5.3. Work Session: Landscape Regulations (Planning Director Matt Pielsticker) (45 Minutes) 6:15
5.4. Frontgate Deed Restriction Approval (Planning Director Matt Pielsticker) (15 Minutes) 7:00
5.5. PUBLIC HEARING: Second Reading of Ordinance 22-14 Authorizing the Purchase of
Sherwood Meadows Unit 1B (Town Manager Eric Heil) (15 Minutes) 7:15
5.6. Harry A. Nottingham Park Summer Activities (Recreation Director Michael Labagh) (30 Minutes)
7:30
5.7. PUBLIC HEARING: Second Reading of Ordinance 22-15 Enacting Development Bonus
Regulations (Planning Director Matt Pielsticker) (10 Minutes) 8:00
5.8. Notice of Award for Bus Shelter Pad Construction (Project Engineer Tim Thompson) (5 Minutes)
8:10
6. MINUTES
6.1. Approval of September 13, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda
Torres) (5 Minutes) 8:15
7. WRITTEN REPORTS
7.1. Monthly Financial Report (Finance Manager Joel McCracken)
7.2. Short Term Rental (STR) Update (Planner 1+ Max Morgan)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:20
9. ADJOURN 8:35
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the
public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide
written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any
action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per
individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council
Simplified Rules of Order, Adopted by Resolution No. 17-05.
970-748-4083 clin@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Charlotte Lin, Sustainability Coordinator
RE: Second Reading: Ordinance 22-13 Recycling
DATE: September 22, 2022
SUMMARY: The First Reading of Ordinance 22-13, Recycling, was passed on September 13th, 2022. In
this Second Reading of Ordinance 22-13 (Attachment A), adjustments in both the Ordinance language
and implementation plan have been made according to Council direction from the First Reading.
BACKGROUND: Extensive background materials concerning the topic of recycling in Avon, best practices
to improve recycling and waste diversion, and the development of the Recycling Ordinance, have been
provided in both the Work Session (LINK) and First Reading (LINK) reports. Both reports and their
accompanying materials are linked in the attachment section for reference.
COUNCIL DIRECTION & ORDINANCE CHANGES: Council direction from the First Reading of the
Recycling Ordinance included the following:
Ordinance Language
1.The universal recycling requirement should be applied to everybody in Avon, not just multi-family and
commercial properties. Universal recycling should be approached by the whole community as we are
all in this together.
2.Clarify that Town of Avon Code does not require bear-resistant carts for recycling, since recycling is
supposed to contain non-attractants only. This helps users save money by not having to purchase new
bear-resistant carts.
3.Make the Pay-As-You-Throw (PAYT) requirement for haulers clearer in the Ordinance. The PAYT
structure is a tiered pricing structure that incentivizes the use of smaller trash carts for a lower price,
while allowing customers to choose any size of recycling carts with no extra charge. It should be made
clear that this requirement is for the haulers, not for the customers.
4.Change the effective date to November 1, 2023.
5.Make sure the language of enforcement is clear in the ordinance in order to clarify any confusion on
what gets reported and regulated.
STAFF COMMENT: Avon Municipal Code Chapter 8.14 is presented in COMPARISON format to illustrate
the language changes. Staff felt that code language changes were not required for items 3 and 5 above.
Education Campaign
1.Provide clearer guidance to single home-owners on how they can utilize the free community
recycling center to reach our recycling requirements. The ordinance should clearly outline the
regulations for households that would prefer to take their recycling to Lot 5.
2.For universal recycling, the education campaign needs to be broad and applicable to everyone.
3.The Waste Wizard app should be a part of the educational campaign. However, the app design
should be tailored to Avon.
4.Education campaign should promote reduction as the first step in the process of reducing waste, in
order to get people to think about what they are buying when they make the purchase.
5.The educational campaign branding should incorporate “Heart of the Valley”.
Implementation
1.We should pursue interns to assist with the implementation.
2.Consider a scholarship or grants program if financial assistance is identified as a need for some
properties.
3.Add signs at grocery stores and other places that collect bag fees to explain that the fund is being
used towards a Town-wide recycling program that will improve our waste diversion rate.
Beyond Universal Recycling
1.Communicate with Eagle County government regarding the desire to have single-stream recycling
at the Eagle County Material Recovery Facility (MRF).
2.Look into end-market procurement for a better understanding of where all our recyclable materials
go after sorting.
3.Continue efforts to create locally available polystyrene / Styrofoam recycling. Staff has had an
initial meeting with Foam Cycle and will aim to provide a written update in future council packet.
4.Report on the latest developments on the Extended Producer Responsibility program and how that
might help regulate large corporations like Kroger to stop using polystyrene for meat packaging, for
example.
5.Provide creative waste solutions and circular economy examples from around the world.
In addition, Vail Valley Waste co-owner Susanne Johnson was present at the council meeting and
expressed the following opinions:
On bear-resistant carts: The Town of Vail currently requires both trash and recycle to be stored in
bear resistant carts, which is potentially a $700 investment up front and a significant investment for
some homeowners and residents. We have a broad demographic in our valley in terms of people's
capacity, and I would encourage in the town of Avon to allow your residents to store their
recycling in a standard limited wheeled cart or whatever other receptacle best meets their
needs.
On enforcement: For the Town of Vail, we have a customer exchange where we identify to our
customers when there is contamination in their recycling. We have a hang tag that our drivers will
indicate to the owner that we can't pick up until they rectify the problem. And then I have a route
program that tells me the recycling was in plastic bags or whatever. On behalf of Vail Valley
waste. I do not believe that we would want to enforce or report on our customers to the
municipality. The Town of Vail works with their code enforcement to identify problems on the
street. They notice or ticket those users. I do know that they a lot of people get called into court for
infractions.
Based on Council Direction, adjustments have been made in both the ordinance (Attachment A) and
the implementation plan.
FINANCIAL CONSIDERATIONS: The expenses for the Recycling Program will come from the Paper Bag
Fee fund. The proposed 2023 budgets for (1) recycling bins ($5K) and (2) compost subsidies ($5K) have
been removed. Instead, Staff will determine a more appropriate financial support plan based on outreach
results. Staff is also actively working on securing grants to improve our recycling and composting
infrastructure, which will hopefully relieve the financial burden on users and alter the Town’s strategy to
Page 2 of 3
Page 3 of 3
provide financial support. Any updates on financial considerations for the Recycling Program will be provide
to Council in the future.
RECOMMENDATION: Given the benefits of this Recycling Ordinance has for waste diversion success in
Avon, as well as the extensive consideration given to the implementation plan of the ordinance, I
recommend Council approve Option 2 to pass ORD 22-13, Recycling Ordinance, on Second Reading.
OPTIONS:
1.No Action
2.Approve the second reading of Ordinance No. 22-13 as drafted
3.Approve the second reading of Ordinance No. 22-13 with modifications, and schedule final reading
for October 11, 2022
4.4. Continue second reading on October 11, 2022
PROPOSED MOTION: “I move to approve [with or without modification] Ordinance 22-13, thereby adopting
a new Chapter 6 of Title 8 of the Avon Municipal Code establishing recycling requirements, including hauler
reporting and universal recycling in Avon.”
Thank you, Charlotte
ATTACHMENT A: Ordinance 22-13 Recycling
LINK: Recycling Ordinance Work Session Packet Materials
LINK: Recycling Ordinance First Reading Packet Materials
Ord 22-13 Avon Recycling Ordinance
Second Reading September 27, 2022
Page 1 of 3
ORDINANCE NO. 22-13
ENACTING CHAPTER 8.14 – RECYCLING
OF THE AVON MUNICIPAL CODE,
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, the Town Council (“Council”) adopted the Eagle County’s Climate Action Plan,
which sets forth goals including the reduction of waste going to the landfill by 30 percent by
2030. Increased participation in recycling programs and maximizing capture rate of recyclables
through existing and future programs are necessary to meet and exceed this recycling goal; and
WHEREAS, the current waste diversion rate in Eagle County is between 30 to 32 percent, and
the diversion rate in the Town of Avon is unknown, hence the need for a Recycling Ordinance
that requires hauler reporting; and
WHEREAS, the Colorado Department of Public Health and Environment estimates that each
person generates approximately 3,150 pounds of waste per year and a large portion of the
disposed materials could be reused, recycled or put to other beneficial use, resulting in
significant resource, energy, and economic savings; and
WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more
difficult and expensive to site, permit and develop new landfill capacity;
WHEREAS, through the adoption of Eagle County’s Climate Action Plan, the Town of Avon
established a goal of reducing community greenhouse gas emissions by 50% by 2030, and
diverting waste from the landfill is one of the most cost effective and efficient ways of reducing
greenhouse gas emissions resulting from landfills and new resource processing; and
WHEREAS, municipalities are empowered by C.R.S § 30-15-401(1)(a)(II) to inspect vehicles
proposed to operate in the conduct of business of transporting ashes, trash, waste, rubbish,
garbage, or industrial waste products or any other discarded materials; and
WHEREAS, the Council finds that adopting an Avon Recycling Ordinance will 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 8.6 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
ATTACHMENT A: Ordinance No. 22-13
Ord 22-13 Avon Recycling Ordinance
Second Reading September 27, 2022
Page 1 of 3
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. Enactment of Chapter 8.14 – Recycling. Chapter 8.14 – Recycling of the Avon
Municipal Code is hereby enacted in its entirety as set forth in Exhibit A: Chapter 8.14 –
Recycling attached to this Ordinance.
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 on November 1, 2023, which is
more than thirty days after the date of final passage in accordance with Section 6.4 of the Avon
Home Rule Charter.
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.
ATTACHMENT A: Ordinance No. 22-13
Ord 22-13 Avon Recycling Ordinance
Second Reading September 27, 2022
Page 1 of 3
INTRODUCED AND ADOPTED ON SECOND READING AND REFERRED TO
PUBLIC HEARING by the Avon Town Council on September 13, 2022 and setting such public
hearing for September 27, 2022, 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
September 27, 2022.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Karl Hanlon, Town Attorney
ATTACHMENT A: Ordinance No. 22-13
EXHIBIT A: CHAPTER 8.14 RECYCLING
Page 1 of 6
CHAPTER 8.14 - Recycling
8.14.010 – Purpose
The purpose of this Chapter is to establish policy and infrastructure to support recycling in the
Town of Avon in order to promote effective and efficient recycling for Avon community.
8.14.020 – Definitions
For the purposes of this Chapter, the following definitions shall apply:
Base Unit of Refuse: The smallest increment of volume of refuse or solid waste collection which
is no larger than 32 gallons of capacity.
Commercial Customer: Any premises where a commercial, industrial, or institutional business
or enterprise is undertaken, including, without limitation, retail shops and establishments, eating
or drinking establishment, healthcare facilities, child daycare centers, public and private schools,
professional and business offices, religious institutions, and public buildings and facilities.
Discarded Materials: All putrescible and non–putrescible solid waste discarded from any
residential, multi-family or commercial source including recyclable material. The term discarded
materials shall exclude discarded or abandoned vehicles or parts thereof, sewage sludge,
hazardous waste, materials used for fertilizer and recyclable material that have been source
separated for collection.
Hauler: A registered person or company in the business of collecting, transporting or disposing
of discarded materials for a fee, or for no fee except as described in Subsection B. of 8.14.030.
Multi-Family Customer: Any residential structure(s) that employs a communal system for solid
waste and or recyclable materials collection.
Non-Attractant: Any substance which does not attract wildlife. Substances that are considered to
attract wildlife include food products, pet food, feed, compost, grain or salt or materials which
formerly contained such items. Office Paper or cardboard that did not previously contain food
are considered non-attractants.
Recycling: The process of separating recyclable materials from refuse and placement for
collection by a hauler for the purpose of such materials being re-used or reprocessed into new or
different materials.
Residential Customer: Any residential structure(s) that does not employ a dumpster or
communal service for solid waste and or recyclable materials collection.
Recyclable Materials: Materials from any commercial or multi-family residential property to be
collected separately for the purpose of such materials being reused or repurposed or reprocessed
into new or different materials.
EXHIBIT A: CHAPTER 8.14 RECYCLING
Page 2 of 6
Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle County MRF)
that accepts and sorts, packages, and otherwise prepares recyclable materials to be repurposed or
reprocessed into new or different materials.
Refuse: As defined in Section 8.12.010 Avon Municipal Code. Refuse shall not include
recyclable material.
Solid Waste: All putrescible and non-putrescible waste or refuse, excluding discarded or
abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer
and recyclable material that have been source separated for collection.
Source Separation: The process by which recyclable materials are separated at the point of
generation by the generator thereof from solid waste for the purposes of recycling.
8.14.030 – Hauler Registration Requirement
It shall be unlawful for any person or company to operate or conduct business as a hauler of
residential, multi-family, or commercial solid waste or recyclable material without first obtaining
a municipal solid waste hauler registration as set forth in this Section.
(a) Applicability: 8.14.030 applies to any hauler of solid waste or recyclable material
operating in the Town of Avon.
(b) Exceptions: The following persons or entities are not required to obtain a municipal solid
waste collection registration:
1. Any person or their designee who transports to the landfill only the refuse that person
generates;
2. A civic, community, benevolent or charitable nonprofit organization collecting,
transporting and marketing recyclables solely for the purpose of raising funds for a
civic, community, benevolent, or charitable event;
3. A property owner or agent thereof who transports discarded materials left by a tenant
upon such owner’s property, so long as such property owner is not provided
compensation from tenants on a regular basis;
4. Demolition or construction contractors or landscaping companies that produce and
transport discarded material produced incidentally to the demolition, construction, or
landscaping work;
5. Any person who transports only liquid waste (e.g. restaurant grease or portable toilet
waste);
6. The Town of Avon municipal organization and employees thereof, who transport
solid waste, recyclable materials and compostable materials generated by the
municipal organization, public containers, or special events;
EXHIBIT A: CHAPTER 8.14 RECYCLING
Page 3 of 6
7. Special event producers, who transport solid waste and recyclable materials for
permitted events;
8. Companies that provide special event collection services (e.g. electronic waste
collection, on-site paper shredding); and
9. Companies contracted by registered solid waste haulers.
(c) Registration Process: The General Government Department shall set forth the standards
for the implementation of the municipal solid waste hauler registration process including
the amount of the registration fees, the designation of recyclable materials, and the
schedule for collecting registration fees.
(d) 1. Proof of Insurance: Registered municipal solid waste haulers shall provide proof of
general comprehensive liability / automobile insurance policy protecting the hauler from
all claims for damage to property of for bodily injury, including death, which may arise
from operations under or in connection with this registration and providing limits of
coverage of not less than five hundred thousand dollars ($500,000) for bodily injury and
property damage per occurrence or in aggregate.
8.14.040 – Municipal Solid Waste Hauler Requirement
(a) Bi-Annual Reporting Required: All registered municipal solid waste haulers (the
“registrant”) shall submit twice yearly reports to the General Government Department on
the weight (in tons) of Solid Waste and Recyclable Materials collected within the Town
limits of Avon. For loads that contain Solid Waste or Recyclable Materials originating in
part from within the Town limits and in part from outside the Town limits the reported
quantity may be estimated by the registered hauler but shall use an approved format
provided by the Town of Avon which shall include the use of both the scale tickets and
customer route sheets, and reported as an estimate.
(b) Submittal Required: Bi-annual reports shall be submitted on May 1 and October 1, or
on the next business day, using a format approved by the General Government
Department. All reports shall be treated as confidential commercial documents under the
provisions of the Colorado Open Records Act.
(c) Recyclable Material Designation: Haulers may not dispose of recyclable materials set
out by customers by any means other than delivering it to a MRF that sorts, packages,
and otherwise prepares recyclable materials to be repurposed or reprocessed into new
materials, except for materials that customers have not properly prepared for recycling or
are contaminated with 25 percent or more of non-recyclable refuse,
(d) Notice: Haulers of multi-family, or commercial solid waste shall give each of its
customers written notice of all available service options and corresponding variable rates
upon commencement of service. Written notice of the full range of services including
variable rate service, container sizes, and the recycling service options including the
materials that may be recycled shall be provided to all new customers upon commencing
EXHIBIT A: CHAPTER 8.14 RECYCLING
Page 4 of 6
service and all haulers shall provide notice at least annually to customers on the full range
of services, container sizes, variable rates and recycling options including the materials
that may be recycled. On or before January 31st each year the hauler shall deliver to the
General Government Department a true and correct copy of the notices sent to each
customer type.
(e) Residential Embedded Rates: On residential customer waste bills, haulers shall
combine charges for solid waste and recyclable material collection service and may not
itemize them separately.
(f) Residential Volume Based Rates: Haulers shall offer each of its customers the option to
subscribe to different levels of service with different capacities of solid waste containers,
such as 32, 64 and 96 gallon containers/carts, and shall charge their customers based on
this volume of service. For residential source customers, the base unit of solid waste
service shall be no larger than the approximate capacity equivalent of a 32 gallon
container or cart. If a customer does not select a level of service, the provider shall
establish a default minimum level of service that is not larger than 2 units of service or a
single 64 gallon container or cart.
(1) Variable Rates: Haulers shall charge variable rates for the corresponding level of
service or units of solid waste collection for residential customers.
(i) Haulers shall structure the increments of their variable rate at a multiple of the
base unit of solid waste collection which is no larger than 32 gallons. The
second largest increment of solid waste collection shall be no larger than two
times the capacity of the base unit or no larger than 64 gallons, and the third
largest increment of solid waste collection shall be no larger than two times the
capacity of the second largest increment of solid waste collection. Such rate
increments shall be equal to 80% or more of the charges for the base unit of
collection (e.g., if $10.00 is applied to a 32 gallon container, a minimum of
$18.00 shall be applied to a 64 gallon container, and a minimum of $32.40 shall
be applied to a 96 gallon container).
(ii) The provisions of this subsection shall not be construed to prohibit any hauler
from establishing rules and regulations regarding the safe maximum weight of
containers of solid waste and recyclable material containers.
(iii) Nothing in this section shall be construed as prohibiting any hauler from
providing separate pricing for special collection of bulky items, yard waste,
contaminated recyclables, unscheduled pick-up or extra volumes of solid waste
or recyclable material, or more than what was subscribed for with the hauler.
(g) Commercial Embedded Rates: On commercial customer account bills, every solid
waste hauler shall combine charges for solid waste and recyclable material collection
service and may not itemize them separately. Haulers shall provide sufficient recyclable
material capacity and frequency service to prevent an overflow of material.
EXHIBIT A: CHAPTER 8.14 RECYCLING
Page 5 of 6
(h) Auditing: A representative of the Town of Avon may audit a registered municipal solid
waste hauler’s subscription, billing and other relevant records to determine whether or
not the provider has complied with the provisions of 8.14.040 at the provider’s office
located nearest to the Town of Avon during hours that the office is open for business, on
at least five day’s written notice.
(i) Frequency of Residential Recycling Service: Haulers shall offer each of their
residential customers curbside recyclables collection service at the same frequency of all
other refuse collection, no smaller than 64 gallons capacity of the designated recyclable
materials. All containers are subject to the provisions of Chapter 8.32, wherein all
attractants shall be stored in wildlife resistant, locked containers. Non-attractants are not
required to be stored in wildlife resistant, locked containers provided they are not mixed
with attractants.
(j) Container Labels: Haulers shall provide labels or label all solid waste and recycling
material containers indicating what materials are accepted in each container. The labels
shall include pictures and words of the acceptable materials and be in both English and
Spanish.
8.14.050 – Designated Recyclables List
(a) Designated Recyclables (Collection): The recyclable materials that haulers are required
to pick up shall be set forth in the Town’s ‘Recyclable Materials List’ which shall be
prepared and may be amended as conditions change. The Recyclable Materials List shall
be available for review on the Town’s website.
(b) Designated Recyclables (Generators): The recyclable materials that generators are
required to source separate from their solid waste shall be set forth in the Town’s
‘Recyclable Material List’ which shall be prepared and amended as conditions change.
The Recyclable Materials List shall be available for review on the Town’s website.
8.14.60 – Recycling Requirements
(a) Applicability. All persons in the Town of Avon are required to recycle recyclable
materials. All residential owners’ associations which contracts for or arranges for trash
service by and through an owners’ association or a common service for the multi
residential properties, and all commercial properties and uses, shall provide on-site
service for the collection and transport of recyclable materials. ThisThe requirement for
on-site service for collection and transport of recyclable materials shall not apply to
residential properties which doesdo not have trash service as a common service for
multiple residential properties; however, persons residing on such residential properties
shall be responsible for either subscribing for collection of recyclable materials or self-
transporting recyclable materials to a recycling facility or recycling center.
(b) Recyclable Materials Requirements. The following minimum requirements shall apply
for separation of recyclable materials:
EXHIBIT A: CHAPTER 8.14 RECYCLING
Page 6 of 6
(1) All recyclable materials accumulated on any premises shall be placed in a container or
containers separate from solid waste.
(2) Recyclable materials shall not be placed in solid waste containers.
(3) No refuse, solid waste, or compost shall be placed in any recycling container.
(4) Nothing in this section is intended to prevent any person from donating or selling
recyclable materials generated on their premises.
(c) Minimum Requirements. The following minimum requirements shall apply for all
properties required to provide on-site service for collection and transport of recyclable
materials.
(1) All recyclable material shall be source separated, stored, and presented for collection by
a registered municipal solid waste hauler.
(2) It shall be the duty of any owner or occupant of any premises to ensure that containers
designated for collection or disposal as solid waste do not contain recyclable materials
when such containers are offered for solid waste collection.
(3) It shall be the duty of any owner or occupant of any premises to ensure that they
contract for recycling service or otherwise provide service for the delivery of recycling
material to a MRF. The service shall be of an adequate level to prevent the designated
recyclable material containers from overflowing on a regular basis.
(4) The container(s) shall not include any attractants, or shall be wildlife resistant, and
handled or shall be placed outside only for pick-up in accordance with Chapter 8.32,
Avon Municipal Code.
(5) Any owner or occupant of a commercial establishment with solid waste disposal
containers available for customers or guests shall make available a container for
recyclable materials that is of similar size and located in an equally convenient location.
8.14.070 – Violations – penalty
Any person violating any of the provisions of this Chapter shall be deemed to have committed
a civil infraction for each and every day or portion thereof during which any infraction is
committed, continued or permitted and shall be subject to the penalties contained in Chapter
1.09 of this Code.
970.748.4023 jskinner@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Jena Skinner, AICP Senior Town Planner
Eric Heil, Town Manager
RE: Update on Housing Efforts
DATE: September 22, 2022
SUMMARY: This report provides updates on current housing efforts and context for upcoming pursuits.
One of the Community Development Department’s stated 2022 Goals is:
“Advance Community Housing Projects (Swift Gulch, other opportunities) In
addition to contract management for design services, the Community Development
Department will take a leadership role with entitlements, negotiations, and
coordination with other stakeholders.”
Attached is a summary of the ongoing Land Inventory project we have contracted with Elev8, Inc., and
tables that list our deed-restricted properties for the Mi Casa program and our long-standing deed-restricted
units. Staff has also provided a map for Council showing where the properties being discussed further
within this report are located. These parcels show where our existing housing projects are. Additionally,
this map locates either pending projects or properties that may have some potential to yield new housing
projects.
RECENT COMMUNITY HOUSING EFFORTS:
Avon Community Housing Plan: Council adopted the first Avon Community Housing Plan in 2018. The
Community Housing Plan outlined a number of strategies to promote Community Housing, several of which
have been implemented. This document was updated in 2021 to reflect a number of goals which were
accomplished.
Tax and Fee Waiver: Ordinance No. 19-01 Amending Chapter 3.08 Sales Tax; Chapter 3.12 Real
Property Transfer Tax; Enacting Chapter 3.14 Community Housing Incentives; And Amending Chapter
13.08 Public Services Of The Avon Municipal Code.
The Town of Avon Comprehensive Plan includes Policy E.1.3: which states in part, “Provide attainable
housing through alternative means, including …waiver of development and building fees….” The Avon
Community Housing Plan also includes a policy to “formalize a fee waiver/reimbursement process,” which
contemplates formalizing a Fee Waiver Program.
Ordinance 19-01 formalizes the ability to assist the community in creating and supporting new housing
projects by allowing Council to waive relevant fees for this purpose.
іMi Casa Avon!: ¡Mi Casa Avon! is a program that incentivizes prospective home buyers to place a deed
restriction on their property, ensuring more local residents can purchas. [e homes within Avon at the time of
purchase, preserving units for full-time residents in perpetuity. Beginning in 2020, the Avon Town Council
approves funding each year to provide this financial assistance to help the public purchase homes in Avon.
Inclusionary Zoning: Council approved Ordinance No. 19-03 (Approving Amendments To Title 7 Of The
Avon Municipal Code For Inclusionary Housing Regulations) in 2019, which established an Inclusionary
Zoning standard which requires new development to provide 20% of employee housing. Since that time
Page 2 of 4
the inclusionary zoning ordinance has yielded the requirement for two, 3-bdrm units in the Frontgate
development, and one deed restricted unit in the McGrady Acres development.
PENDING COMMUNITY HOUSING PROJECTS:
SWIFT GULCH
DEVELOPER Town of Avon
UNITS 40-50+
PROPERTY 500 Swift Gulch Road
RESTRICTIONS Government Employee rental units with a target 60-120% AMI
Status: A contract for full design services, including schematic through construction documents, was
authorized by Town Council in March of 2022. Staff has entered into agreement with 2757 Design for
services. Following a successful RFP process to secure pre-construction services, RA Nelson was brought
onto the team. The Geotechical Study results were received on June 24th, confirming poor soil conditions
and some areas of (up to 30’) “undocumented” fill. The design process has revealed the increasing
difficulty with developing a fourth building on the site.
Based on conceptual level pricing reviewed in June, costs for Building 4 were estimated at $910,000 more
than Building 3 due to extensive retaining walls and debris flow improvements. The Town Manager
provided direction to proceed with the schematic design of Buildings 1-3 and cease further design work on
Building 4.
Full Schematic level design plans for Buildings 1-3 were completed in August, with preliminary pricing
made available the first week of September. In addition to a detailed pricing from RA Nelson, the Town
contracted another third party cost estimater to further refine numbers. The final cost estimates, and
potential funding schenarios, will be presented to Town Council in October.
Staff met with Olivia Cook, Housing Development Specialist with the Department of Local Affairs (“DOLA”).
DOLA is helping to identify Grant opportunities for the Swift Gulch project. Staff has also spoken with
CHFA about other grant opportunities to assist in financing this project. To date, received cost estimates
far exceed what was originally expected. The Town Manager has since provided direction to proceed with
the schematic design of Buildings 1-3 and cease further design work on Building 4.
Preliminary cost estimates for the project amount to approximately $700,000 per one bedroom unit. Due to
the high cost of building residential at Swift Gulch and the inherent compatibility challenges of building
residential that access through a transit, fleet and public works site, Staff is considering alternatives which
would potentially locate housing at Lot 5, Village (at Avon) and construct facilities for Public Works at the
Swift Gulch site. Public Works facilities are primarily garages for snow plows and street sweepers, which
are anticipated to less expensive foundation, excavation and retaining wall issues and costs.
TRACT Y
DEVELOPER Steve MacDonald / Sean Renyolds
UNITS Potentially 52 duplex units or townhome units
PROPERTY 382 Metcalf Road
RESTRICTIONS Community Housing – Resident Occupied Deed restrictions
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Status: The Avon Town Council approved a development agreement and initial funding in the amount of
$600,000 for this Community Housing project on Metcalf Road. Initial subdivision and site/utility design
plans are being reviewed and coordinated with the Engineering Department. A traffic study was completed
and confirm no need for auxiliary turn lane(s). An onsite debris flow study will need to be updated for the
project. The estimated completion date for the engineering designs will determine the timing of a
development plan and Prelimininary Plat submittal to Community Development for review by PZC and
Town Council. The Developer has indicated that engineering designs should be submitted by November
and that Planning and Zoning Commission review may occur this December. Developer indicates a desire
to break ground on utility installation in spring of 2023.
EAST AVON PRESERVE
DEVELOPER Town of Avon or Public Housing Authority
UNITS Not determined
PROPERTY Unassigned Address – Access from Wagon Trail Road
RESTRICTIONS Employee rental units
Status: The 80 acre East Avon Preserve parcel was acquired by the Town as part of the multi-party land
exchange with the Forest Service in 2013. The East Avon Preserve was subsequently annexed into the
Twon of Avon. 74 acres of the East Avon Preserve is zoned open space and approximately six acres on
the northwest corner is zoned Public Facility (“PF”) which includes the ability to construct employee
housing. Future designs will include trails and a connector road as well.
A land survey and slope analysis are available for the “developable” portion of the property that contains
slopes less than 40%. Staff is proceeding with preliminary engineering analysis to determine conceptual
road design and water system capacity. This work must be coordinated with Traer Creek, LLC and the
Village (at Avon) with regard to road connections, utility extensions, water pressure, and water storage tank
capacity. Currently there are no water rights assigned to this parcel by the Town of Avon and the parcel is
outside of the Village (at Avon) PUD.
ONGOING - OTHER VACANT LAND: Staff has contacted the owners of vacant land along Nottingham
Road and the Village (at Avon) to express Town’s interest in housing developments. Staff will update
Council on any potential partnerships or acquisitions of vacant land for housing development if there is any
interest by such property owners.
DEVELOPMENT BONUS POLICY: On September 13th Staff presented Ordinance 22-15 to Council. This
Ordinance, for a Code Text Amendment, supported by the PZC, introduces a Development Bonus program
to the AMC. Council approved Ordinance 22-15 at first reading (with changes) and Staff will present this
amendment to Council on September 27th.
EAGLE COUNTY LAND INVENTORY & POLICY ANALYSIS: Staff secured a grant from DOLA for a
county wide housing property inventory and policy anslysis. A Request for Proposals (“RFP”) yielded a
local team of Geographic Information Systems (“GIS”) and planning experts, lead by Elev8, Inc., to assist
with collecting data on available parcels for potential development or future redevelopment efforts. The
project includes coordination with Eagle County, Vail, Minturn, Redcliff, Eagle and Gypsum staff members.
Draft results are being circulated in September and the project should be finalized by October.
Page 4 of 4
OTHER POTENTIAL HOUSING PROJECTS: Staff has identified these other potential housing projects
and programs in and near the Town of Avon, including the following:
State Land Board: Staff has been involved in recent discussions regarding workforce housing
development on State Land Board property located in EagleVail. The State Land Board owns a significant
set of parcels in EagleVail, where CDOT currently has a staging area and employee housing. Discussions
about the potential for 800 employee housing units has been discussed, located on both the south and
north sides of the Eagle River. Development on the north side of the Eagle River will require the
construction of a bridge that crosses both the Eagle River and the Union Pacific Rail Road. This parcel
abuts the Town of Avon, Planning Area I, Village (at Avon). Both Planning Area I and the State Land Board
parcel on the north side of the Eagle River would require two vehicle access points, so coordination of
these two properties is required. Traer Creek has been notified of this potential development and the need
for coordinated planning and development. Other stakeholders are involved in this process as well,
including Eagle County, Town of Vail and Town of Minturn.
Expanding іMi Casa Avon! to Existing Owners: Staff proposes Council consider of expanding іMi Casa
Avon! to existing owners in partnership with Eagle County. The concept is to offer to purchase a deed
restriction from existing owners at a percentage amount that is lower than the 12% that is offered for new
home buyers. The details of this approach are still under discussion with Eagle County representatives.
Direct Acquisition of Residential Property: Staff proposes that Town of Avon actively purchase
residential properties in the under $800,000 price range. It appears that the market has cooled somewhat
from the buyer frenzy over the last 12 months. Residential properties that are acquired could be either
resold with a deed restriction (with or without a price cap) at a discount or could be retained for Avon
employee rental housing. Staff would like to present a program with guidelines that would allow such
transactions to occur without the requirement of a Council ordinance for each transaction.
Increase Primary Residence RETT Exemption: Staff proposes that Council adopt an ordinance which
increases the RETt exemption for primary residences from $240,000 to $400,000 and increases the
purchase price of residences eligible for this incresad RETT exemption from $700,000 to $850,000 to
match Eagle County guidelines.
RECOMMENDATION: Staff recommends that we pursue all four of the Other Potential Housing Projects
as well as continue to support and advance the Pending Community Housing projects.
Thank you, Jena and Eric
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1 – Housing Inventory - Jena Skinner
Section 1: Land Inventory Baseline Mapping
The Town of Avon and neighboring jurisdictions are creating an inventory of real property in Eagle County
to provide a baseline of the potential for workforce housing development. For this project, Elev8 Inc., a firm
specializing in Geographic Information Systems modeling and analysis, is partnering with Zehren and
Associates, is help create a better understanding of workforce housing opportunities.
Using a set of desirable development criteriums such as proximity to public transit, being 1 mile from
highway 6 and I-70, water and sewer availability, property with slopes less than 40%, vacant lands, publicly
owned parcels, existing zoning, and other relative attributes, a live map or GIS-based tool of each
jurisdiction will be available for use in planning evaluation and analysis.
More specifically, the Town of Avon will be able to incorporate this information in designing workforce
options, prioritize the development potential goals for specific areas or unique properties, and infuse this
data in long-range planning efforts, like in creating sub-area plans or infrastructure design. This data will
also allow Staff to springboard off what we have learned from this exercise to shape and execute the
Town's vision and goals for future growth.
DRAFT MAP – SEE ATTACHED
Section 2: Comparison of Housing Policies throughout Eagle County
Each community in Eagle County, including the County itself, utilize different policies and strategies to
promote workforce housing development. Overall, these policies intend to provide either seasonal or long-
term opportunities to house community members who cannot afford what the majority of the current market
has to offer. Due to Eagle County’s location as a highly sought-after resort area coupled with a lack of
readily available new land for development, home purchase prices are significantly above the national
average.
High home prices and numerous short-term rentals have also contributed to a lack of available rental
housing, resulting in very high rental prices, making Eagle County (and Avon) one of the most expensive
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2 – Housing Inventory - Jena Skinner
places in Colorado to live 1. Average prices in the County are typically well above what a family making the
median income or those making well above the median can afford.
The housing issues vary from community to community within the County itself. Those residences closest
to the resorts of Vail or Beaver Creek typically have higher market prices and a more significant delta to
what is affordable to the workforce. Communities away from the resorts (down valley) typically are less
dense, have more land available for additional development, and can still produce housing at prices within
a closer reach of the local workforce. The downside to affordability and location is the environmental
offsets of having housing down valley and employment centers up valley. The most obvious of which, is
the impacts felt from traffic and in having a dependable workforce of different income levels in proximity to
job centers. While this variability of housing needs is reflected in the goals, land use policies, and
workforce-related land use code requirements of each community; what is not primarily reflected is that
Eagle County as a whole is one region and all jurisdictions are largely dependent upon each other for these
reasons.
Housing Policies
AVON
Many communities focus predominantly on one or two areas (code requirements or housing programs) to
achieve their workforce housing goals. The Town of Avon has approached the workforce housing issue by
utilizing a variety of plans, programs, partnerships, incentives, and requirements that allow the Town to
work with various partners to achieve their housing goals.
This diverse approach should provide the Town more flexibility to meet its specific goals as they change
over time.
The Town of Avon Housing Plan provides a comprehensive roadmap for Town decision-making and the
implementation of land use policies. It provides the foundation and framework for policies and actions that
grow the community vision. This vision includes fostering Attainable Housing by adopting and implementing
housing policies that address housing gaps and support creating new housing opportunities. Avon
recognizes that a diverse year-round community is fundamental to Avon's character and economic viability.
The plan incorporates numerous goals and policies to help address affordable housing, including a specific
housing section with multiple goals and over a dozen recommendations to meet those goals.
In addition to the Housing Plan, Avon has incorporated inclusionary zoning and employee mitigation
requirements into their Town Code through Community Housing Incentives and Employee Housing
Mitigation requirements. An example of how these requirements are provided in this report.
Avon housing-related code requirements are intended for new commercial and residential development in
Avon and serve as minimum thresholds developers must meet with new development. Avon also changed
the zoning in the Industrial Commercial zone district to permit Community Housing as a use by right to
incentivize new housing projects in the historically heavy commercial area of Metcalf Road. The zone
change resulted in nine (9) deed-restricted rental units at 77 Metcalf Road. Currently, the Town is reviewing
a proposal for 52 for-sale, resident-occupied deed-restricted units on what is known as Tract Y, a vacant
property on Metcalf Road. As a supportive tool in assisting in the hopeful creation of new housing units, the
Town is also reviewing a development bonus mechanism in the Title 7 Development Standards of the Avon
1 https://mostexpensively.com/most-expensive-places-to-live-in-colorado/
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3 – Housing Inventory - Jena Skinner
Municipal Code to promote creative projects that include Community Housing units. These zoning
programs support partnerships with developers that can continue addressing the workforce housing issues;
otherwise, it may be too onerous to obtain new housing projects.
Avon has a long history of negotiating with developers for mitigation through PUD zoning. Developments
approved through the PUD process allow the Town to negotiate directly with the developer based on site-
specific requirements that reflect Town needs while still following the Housing Plan principles and goals.
Examples include the Village at Avon PUD, Sheraton Mountain Vista PUD, and the Grandview PUD.
However, as a current policy, the Town is no longer encouraging the use of the PUD process, and older
PUDs in the Town Core have been rezoned to standard zoning. Acknowledging that their existing code
requirements for new development may not be as practical when working with redevelopment, infill, or the
older PUD projects results in instituting this multi-pronged approach. These new incentives (Community
Housing Zoning and development flexibility within the code) will be helpful moving forward.
Avon recognizes that workforce housing issues are county-wide, and they have committed to actively
working with adjoining communities to address the issue by working with neighboring housing authorities.
More notably, Avon has partnerships with the Town of Vail and Eagle County housing authorities.
Like Vail's InDEED program and the County's Bold Housing Moves deed-restriction purchase programs,
Avon has instituted the MiCasa program and has secured tens of units since its inception in 2020. The
2023 goal is to expand this program to capture existing units without any sales transfers. In addition, Avon
has looked to other financial incentives in adopting a tax and fee waiver policy for Community Housing
projects and implementing a 2% Housing Tax on Short Term Rentals. Primary residence exemption for
Real Estate Transfer Tax has been in place for several years, promoting full-time occupancy use of
housing. These financial programs help fund future housing acquisitions and development by the Town, like
the 54-unit rental housing project known as Swift Gulch.
Inclusionary Housing Exercise – Policy Comparison
To better understand the impact of the various inclusionary housing codes of the Partner Communities, we
analyzed what housing requirements result for a newly proposed mixed-use project consisting of 100
residential units, a restaurant, and a boutique hotel within each jurisdiction. The table below provides a
summary and comparison of the results of this exercise.
Each Partner Community has unique goals with its codes. Importantly, this exercise provides a general
representation of the likely requirements of the Partner Communities. Almost all represented codes require
more in-depth consultation with the individual jurisdictions to expressly incorporate the needs of the
approving authority.
Comparison of Housing Policies within Partner Communities
PARTNER
COMMUNITY
RESIDENTIAL
MITIGATION
COMMERCIAL
MITIGATION
UNITS
REQUIRED
ESTIMATED
COST TO
DEVELOPER
GYPSUM No No 0 None
EAGLE Yes No 10 $
AVON Yes Yes 5 $
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VAIL Yes Yes 26 $$$$$
MINTURN Yes No 20 $$
RED CLIFF No No 0 None
EAGLE COUNTY Yes Yes 14 $$
As indicated in the table above, neither Gypsum nor Red Cliff requires any housing mitigation, which may
be due to several reasons, including their desire to see more development without the need for mitigation.
Eagle and Minturn do not have any requirements to mitigate commercial development, which may reflect
their desire to attract more sales tax-generating commercial development within their communities.
Although this example project shows that Minturn would require the most significant number of mitigation
units, Vail’s requirements, which mandate lower mitigation unit pricing, would be the most onerous on a
developer, which may reflect the potential value of a project within Vail.
Example Project – A new mixed used project containing the following:
1. One hundred new Residential Units consisting of
Unit Type No. of Units No. of Buildings Size (SQ.FT) GRFA
Single Family 30 30 4,000 120,000
Duplex 30 15 2,000 60,000
Town Home 40 10 1,500 60,000
Total 100 55 240,000
2. One new Restaurant containing 4,000 square feet of space.
3. One new Boutique Hotel containing 30 Guest Rooms or 10,000 square feet of space.
Eagle - Eagle requires that any residential project developing 10 or more units provide at least 10% of the
housing it produces to those earning between 90%-100% AMI through deed restriction. There are no
requirements to provide employee housing for any commercial portion of a project. The following would be
required for the residential portion.
• 10% or 10 of the 100 residential units being constructed would need to be priced between 90%-
100% AMI
• Eagle has a requirement for unit sizes and pricing to meet these requirements as shown in the
table below, we have included the price per square foot to provide an understanding of the cost a
developer may be required to provide these units at to understand how it would affect the
developers bottom line.
Unit Type Unit Size (sq.ft) Allowable Sales Price Price per SQ.FT
Studio 400 - 500 $167,400 - $186,000 $418 - $372
1 Bedroom 600 - 700 $195,300 - $217,700 $326 - $311
2 Bedroom 850 – 950 $223,200 - $248,000 $263 - $261
3 Bedroom 1,000 – 1,200 $251,100 - $279,000 $251 - $233
SQ.FT Detached 1,100 – 1,300 $279,000 - $310,000 $254 - $239
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• The Developer must submit a Local Employee Residency Plan with their application that details
how they will meet the code requirements, the code requires that, “The proposed character and
density of local employee residences shall be compatible with the surrounding land uses and
neighborhood character, and suitable for the proposed site.”.
• It appears there is some leeway for the Town to negotiate the unit types and numbers it would like
to see from the developer to meet the code requirements. Assuming developer build costs of
$350/sq.ft, if the developer were able to house the units as predominantly studios and one
bedrooms, there would be negligible cost to the developer provide the deed restricted units.
Avon - The Town of Avon has formulas to determine the number of workers generated by new
development, which will be affordable to Eagle Valley workers through the creation of Employee Housing
Mitigation Units. The developer must provide these units (or fees for any remaining fractions) in addition to
their project. These requirements apply to any residential project developing 3 or more units, commercial,
accommodation units, industrial and other non-residential projects. The following would be required to
determine the number of workers generated and required housing to accommodate those new workers.
Use Units Proposed Workers Required Divide by 1.2 jobs /
employee
Multiply by 20%
(Mitigation Rate)
Commercial 4,000 (sq.ft) 11.2 (2.8 per 1000 sq.ft) 9.33 1.86
Lodging 30 24 (0.8 per room) 20 4
Residential 100 33 (0.33 per unit) 27.5 5.5
Total jobs required to be mitigated 11.36
Avon allows the following units types and sizes to be used to accommodate Employee Housing Mitigation,
in addition if there is any fractional remainder of the required Employee Mitigation, the developer may
provide that in a Fee-in-lieu as defined by Town Council (the current fee-in-lieu rate is $87,483.46 for each
employee.
Type Minimum Size of Unit (SQ.FT) Number of Employees Housed
Studio 500 1.25
1 bedroom 750 1.75
2 bedroom 900 2.25
3 or more bedrooms 1,225 3.5
Based on the following the developer could satisfy the requirement to provide housing for the 11.36 jobs
created by providing five 2-bedroom units (5 x 2.25 = 11.25) which would accommodate 11.25 of the
employees generated and then pay a fee in lieu of $75,235.78 to accommodate the fraction left over to
bring the total up to 11.36 employees. (11.36 – 11.25 = 0.11 x $87,483.46 = $9,623.18).
Vail - The Town of Vail requires a developer to mitigate new residential development by providing 10% of
the new Gross Residential Floor Area (GRFA) being developed as Employee Housing Units (EHU).
Commercial development has formulas to determine the number of employees generated by new
development, which require the creation of EHUs to mitigate this impact. The developer must provide
these EHUs (or fees for any remaining fractions) in addition to their project. These requirements in general
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apply to any development within Vail regardless of size or type. The following would be required to
determine the number of employees generated and required housing to accommodate those employees.
• For the residential portion of the project, the developer would be required to provide EHUs to
accommodate 10% of the GRFA being developed, in this example project the total residential
GRFA = 240,000 sq.ft, there for 10% would equal 24,000 sq.ft of GRFA.
• Based on the Town of Vail size of EHUs as shown in the table below, the developer could
accommodate this by providing fifteen 3-bedroom units and seven 2-bedroom units which would
result in the total GRFA shown on the right-hand side of the table. In addition the developer would
need to pay a fee-in-lieu to cover the 109 sq.ft GRFA remainder (24,000-23,891) which is only
allowed for a total less than 438 sq.ft of GRFA remaining.
Type Minimum Size (GRFA) Units Proposed to meet
requirements
GRFA Provided
Dormitory 250 0 0
Studio 438 0 0
1 bedroom 613 0 0
2 bedroom 788 7 5,516
3 or more bedrooms 1,225 15 18,375
Total GRFA Provided 23,891
• For the commercial portion of the project, the developer would be required to provide EHUs to
accommodate the following number of employees generated by the commercial portion of the
project.
Use Units Proposed Employees Required Multiply by 20% (Mitigation Rate)
Restaurant 4,000 (sq.ft) 40.4 (10.2 per 1000 sq.ft) 8.1
Lodging 30 18 (0.6 per unit) 3.6
Total employees required to be mitigated 11.7
• Based on the number of employees housed as shown in the table below, the developer could
accommodate this by providing two 3-bedroom units and two 2-bedroom units which would result
in 11.5 employees as shown on the right-hand side of the table. In addition the developer would
need to pay a fee-in-lieu to cover the 0.2 employee remainder (11.7 - 11.5 which is only allowed for
a total less than 1 employee remaining per Town codes.
Type Minimum Size
(GRFA)
Number of Employees
housed
Units Proposed to
meet requirements
Employees
Provided
Dormitory 250 1 0 0
Studio 438 1.25 0 0
1 bedroom 613 1.75 0 0
2 bedroom 788 2.25 2 4.5
3 or more bedrooms 1,225 3.5 2 7
Total Employees Provided 11.5
Minturn - Minturn requires that any residential project developing 5 or more residential units provide at
least 20% of the residential housing it produces to be Resident Occupied (RO) deed restricted. In
additional at least 10% of the residential units must be affordable to those earning between 80%-200% AMI
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through deed restriction. There are no requirements to provide employee housing for any commercial
portion of a project. The following would be required for the residential portion.
• 10% or 10 of the 100 residential units being constructed would need to be priced between 80%-
200% AMI.
• 20% or 20 of the 100 residential units being constructed would need to be RO deed restricted with
no pricing requirements.
• The 10 priced capped units and the 20 RO units can overlap, therefore 10 of the 20 RO units could
be price capped so that a total of 20 units have a deed restriction on them.
• The units shall be developed and shall comply with the size, design and occupancy standards
established within the Minturn community housing guidelines.
Eagle County - The County requires mixed used developments to meet the calculation that yields the
higher amount of Affordable Housing units (Commercial Mitigation or Inclusionary Housing). For new
residential development the developer must provide Inclusionary Housing to satisfy the higher of; a) 25% of
the total residential units in a project or b) 15% of the total residential square footage. Commercial
Development is required to mitigate by providing Affordable Housing for at least 45% of the new employees
generated by the Project that will earn less than 140% of AMI. These requirements apply to all commercial
development and any residential development containing three or more units within County. The following
would be required to determine the number of Commercial Housing or Inclusionary Housing units that may
be required to meet the Housing Guidelines.
• For the residential portion of the project, the developer would be required to provide 27 inclusionary
housing units. This is the higher of either, 25% or total residential units, or 15% of the total
residential square footage as shown below.
1. 25% of 100 units = 25 units.
2. 15% of the total residential square being developed, = 240,000 sq.ft, x 15% = 36,000 sq.ft
There are no specific bedroom mix or size requirements for Inclusionary Housing units, the
applicant is expected to analyze market demand and to propose a mix that is responsive
and appropriate to that demand (units larger than 3,000 sq.ft will only receive a credit for
3,000 sq.ft when calculating mitigation).
Type Unit Size Units Proposed to meet requirements Residential Square Footage
Studio 450 2 900
1 bedroom 650 8 5,200
2 bedroom 850 8 10,400
3 bedroom 1,500 5 7,500
4 bedroom 3,000 4 12,000
Total Provided 27 36,000
• For the commercial portion of the project the County has a series of formulas to determine the
number of employees generated by the project which then can be translated into the total square
footage required to house the number of employees generated. By following the table below, the
commercial portion of this project is calculated to generate 15,970 square feet of residential square
footage. Since this number is less than that required by the Inclusionary Housing requirements,
the Inclusionary Housing requirements will be used.
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Use Gross Size
(sq.ft)
Employees
Required
Jobs / Employee
(÷ by 1.2)
Employee / House
(÷ by 1.8)
Mitigation Rate
(x by 45%)
Unit SQ.FT
(x by 1221)
Restaurant 4,000 34.8 (8.7 per
1000 sq.ft)
29 16.11 7.25 8852
Lodging 10,000 28 (2.8 per
1000 sq.ft)
23.3 12.96 5.83 7118
Total employees housing square footage required to be mitigated 15,970
•Based on the higher amount of Affordable Housing units (Commercial Mitigation or Inclusionary
Housing) this example shows that the Inclusionary Housing results in greater square footage of
units required which is greater than the 25% Inclusionary requirement. This project will therefore
require the equivalent of 27 units to be mitigated. This can be accomplished through a variety of
means, one example:
1.On-site price capped (100%-140% AMI) for sale housing are valued at double of what non
price capped RO housing are (e.g. a single units counts as two). Similarly for price capped
(80%-100% AMI) rental product. Therefore, a developer could provide thirteen price
capped units and one RO restricted unit to meet the 27-unit requirement. Any combination
of this or other mitigation measures in consultation with the County may be acceptable.
Section 3 – Avon Housing Programs and Existing Deed Restricted Housing Inventory
As discussed in Section 2, through the Mi Casa program, Avon has increased its inventory of physical
housing units that are permanently deed-restricted for full-time Eagle County employees greatly. Presently,
34-Mi Casa Units currently have been created since 2020 (see “TABLE A”) Additionally, Avon has 66 Deed
Restricted homes created through inclusionary housing means or similar (includes price-capped units in
Wildwood), and three (3) Avon-owned rentals (see “TABLE B”).
FUNDING SOURCES REVENUES: In 2022, the Town enacted a 2% tax on Short Term Rentals allocated
for housing efforts, voted in by the public in 2021. As of July, 2022 YTD collections of this money is
$720,000, with projections for end of year $1.1-1.4 million.
POTENTIAL HOUSING PROJECTS (SEE ATTACHED “HOUSING MAP”)
PROJECT STATUS PROGRAM
TRACT Y PENDING ToA pledges $600,000 used like Mi Casa funds and
restriction to be used for first six (6) homes built of
potential 52. Remaining homes to be deed restricted
(full-time residents)
BUFFALO RIDGE EXISTING ToA may use transfer of ownership as potential funding
source to offset new housing projects
KAYAK CROSSING EXISTING ToA “co-signer” of loans?
SWIFT GULCH PENDING ToA-owned employee rental apartments for 40+ units
HOUSING PR OJECTS:
EXISTING , P ENDING, and POTENTIAL
TRACT Y
COMMUINTY HOUSING
(PRIVATE SECTOR)
ToA $ CONTRIBUTION -
FIRST SIX (6) HOMES IN
EXCHANGE FOR DEED
RESTRICTIONS
52 Units
SWIFT GULCH
ToA EMPLOYEE HOUSINGTARGET AMI: 60%
42 Units
EAST AVON
ToA
EMPLOYEE HOUSING
180 Units
POSSIBLE ALTERN
ATIV
E SIT
E
-
L
O
T
5
EMPLOYEE HOUSING
BUFFALO RIDGE
Village at Avon
256 Units
NOTTINGHAM RD.
25+ Units
EAGLEBEND
AFFORDABLE
HOUSING
EXISTING
PROJECT
PENDING
PROJECT
POTENTIAL
PROJECT
TOTAL MI CASA UNITS: 34 TOTAL DEED-RESTRICTED UNITS: 66
EAGLEVAIL
KAYAKCROSSING
AFFORDABLE
HOUSING
STATE LAND BOARD
POTENTIAL
COMMUINTY
HOUSING
800 Units
EAST AVON
ToA
EMPLOYEE HOUSING
180 Units
Property Unit Type Square Ft Bedrooms Contract Price Mi Casa Funds % Closing Date
1 511 Metcalf Rd Unit J28 Condo 935 2 399,000$ 47,880$ 12.0% 8/28/2020
2 2450 Saddle Ridge Loop Apt B Townhome 1987 4 645,000$ 75,000$ 11.6% 9/30/2020
3 2140 Saddle Ridge Loop #5 Townhome 2027 3 630,000$ 75,000$ 11.9% 10/6/2020
4 600 Nottingham Rd #17 Townhome 1337 3 480,000$ 57,600$ 12.0% 10/8/2020
5 371 Nottingham Rd. Apt 2E Condo 552 1 288,000$ 34,560$ 12.0%10/9/2020 RESALE
6 175 Hurd Lane, Unit 3309 Condo 840 2 431,000$ 51,720$ 12.0% 10/20/2020
7 2492 Draw Spur, Unit B Townhome 2063 3 675,000$ 75,000$ 11.1% 10/31/2020
8 988 W Beaver Creek Blvd, Unit C102 Condo 768 2 400,000$ 48,000$ 12.0% 11/16/2020
9 1061 W Beaver Creek Blvd Unit H304 Condo 768 2 430,000$ 51,600$ 12.0% 3/18/2021
10 1050 W Beaver Ck Blvd Unit D103 Condo 768 2 370,000$ 44,400$ 12.0% 3/26/2021
11 2465 Draw Spur B Townhome 1770 3 695,000$ 83,400$ 12.0% 5/6/2021
12 211 W Beaver Creek Blvd Unit A5 Condo 1019 2 449,000$ 53,880$ 12.0% 6/25/2021
13 511 Metcalf Rd J30 Condo 935 2 498,000$ 59,760$ 12.0% 7/23/2021
14 211 Nottingham Rd #F Condo 1647 2 645,000$ 77,400$ 12.0% 7/30/2021
15 410 Nottingham Rd #E Townhome 1228 2
$744,000
APPRAISED 88,560$ 12.0% 8/30/2021
16 1066 W. Wildwood Road, Unit D Townhome 806 1 515,000$ 61,800$ 12.0% 9/9/2021
17 2458 Draw Spur, Unit 4 Townhome 1176 3 616,100$ 73,932$ 12.0% 9/14/2021
18 1082 W Wildwood Rd #B Townhome 2025 3 880,000$ 100,000$ 11.4% 10/5/2021
19 491 Metcalf Road, D12 Condo 935 2 480,000$ 57,600$ 12.0% 10/21/2021
20 1061 W Beaver Creek Blvd Unit G303 Condo 768 2 420,750$ 50,490$ 12.0% 10/26/2021
21 414 W Beaver Creek Blvd Unit B20 Condo 464 0 370,000$ 44,400$ 12.0% 11/12/2021
22 1061 W Beaver Creek Blvd Unit Q203 Condo 768 2 500,000$ 60,000$ 12.0% 1/14/2022
23 998 W Beaver Creek Blvd Unit D112 Condo 768 2 540,000$ 64,800$ 12.0% 1/20/2022
24 1061 W Beaver Creek Blvd Unit M303 Condo 768 2 522,000$ 62,640$ 12.0% 2/1/2022
25 371 Nottingham Rd., 4E Condo 552 1 390,000$ 46,800$ 12.0% 3/1/2022
26 2311 Old Trail Rd., Unit A Townhome 1468 3 950,000$ 100,000$ 10.5% 3/14/2022
27 511 Metcalf Rd., Unit M37 Condo 925 2 520,000$ 62,400$ 12.0% 4/15/2022
28 491 Metcalf Road, B6 Condo 935 2 610,000$ 73,200$ 12.0% 6/3/2022
29 988 W. Beaver Creek Blvd, Unit C205 Condo 768 2 600,000$ 72,000$ 12.0% 6/27/2022
30 511 Metcalf Rd I26 Condo 935 2 625,000$ 75,000$ 12.0% 7/20/2022
31 3000 Wildridge Rd, Unit A2 Townhome 1824 3 750,000$ 90,000$ 12.0% 8/2/2022
32 175 Hurd Ln, Unit 3101 Condo 866 2 700,000$ 84,000$ 12.0% 7/27/2022
33 2424 Draw Spur #3 Townhome 1380 3 860,000$ 100,000$ 11.6% (max)9/16/2022
34 410 Nottingham Rd., Unit A Condo 1228 2 730,000$ 87,600$ 12% 9/19/2022
MI CASA UNITS - 9-19-22
Project Name Unit Sales Price Sale Date Bdm
1 CHAPEL SQUARE (BLDG B)204 $144,500 6/21/2004 1
2 CHAPEL SQUARE (BLDG B)206 $231,100 8/18/2021 1
3 CHAPEL SQUARE (BLDG B)216 $153,300 12/14/2004 1
4 CHAPEL SQUARE (BLDG B)218 $211,700 10/14/2020 1
5 CHAPEL SQUARE (BLDG B)304 $164,600 2/26/2014 1
6 CHAPEL SQUARE (BLDG B)306 $153,000 6/10/2002 1
7 CHAPEL SQUARE (BLDG B)316 $142,000 12/16/1999 1
8 CHAPEL SQUARE (BLDG B)318 $109,900 10/30/2012 1
9 FALCON POINTE CONDO INTERVAL 504 $0 1
10 GANDORF D $390,000 9/26/2012 3
11 GRANDVIEW 101 $276,100 6/1/2022 1
12 GRANDVIEW 102 $205,500 5/15/2006 2
13 GRANDVIEW 103 $275,747 8/15/2019 2
14 GRANDVIEW 104 $214,200 9/14/2021 2
15 GRANDVIEW 105 $265,900 6/16/2016 2
16 GRANDVIEW 106 $225,600 9/29/2009 2
17 GRANDVIEW 201 $187,158 7/8/2019 1
18 GRANDVIEW 202 $281,807 5/27/2020 2
19 GRANDVIEW 203 $299,400 8/1/2019 2
20 GRANDVIEW 204 $193,900 9/21/2004 2
21 GRANDVIEW 205 $296,196 9/10/2020 2
22 GRANDVIEW 206 $188,500 11/3/2003 2
23 LAKESIDE TERRACE CONDOMINIUMS B204 $0 1
24 LAKESIDE TERRACE CONDOMINIUMS B205 $0 2
25 LODGE AT BROOKSIDE 113 $213,800 5/22/2007 1
26 LODGE AT BROOKSIDE 211 $269,700 8/21/2020 1
27 LODGE AT BROOKSIDE 311 $253,500 1/14/2010 1
28 MOUNTAIN VISTA EMPLOYEE HOUSING C101 $0 0
29 MOUNTAIN VISTA EMPLOYEE HOUSING C102 $0 0
30 MOUNTAIN VISTA EMPLOYEE HOUSING E201 $139,600 9/26/2002 3
31 MOUNTAIN VISTA EMPLOYEE HOUSING E202 $0 2
32 MOUNTAIN VISTA EMPLOYEE HOUSING E203 $213,256 1/8/2020 1
33 MOUNTAIN VISTA EMPLOYEE HOUSING E204 $0 1
34 MOUNTAIN VISTA EMPLOYEE HOUSING E205 $0 1
35 MOUNTAIN VISTA EMPLOYEE HOUSING E206 $0 1
36 MOUNTAIN VISTA EMPLOYEE HOUSING E207 $0 Studio
37 MOUNTAIN VISTA EMPLOYEE HOUSING E208 $0 Studio
38 MOUNTAIN VISTA EMPLOYEE HOUSING E209 $0 Studio
39 MOUNTAIN VISTA EMPLOYEE HOUSING E210 $34,700 9/26/2002 Studio
40 MOUNTAIN VISTA EMPLOYEE HOUSING E301 $170,300 5/27/2009 3
LIST OF DEED RESTRICTED UNITS (NON-MI CASA) - 9-16-2022
41 MOUNTAIN VISTA EMPLOYEE HOUSING E302 $0 2
42 MOUNTAIN VISTA EMPLOYEE HOUSING E303 $105,700 9/26/2002 1
43 MOUNTAIN VISTA EMPLOYEE HOUSING E304 $0 1
44 MOUNTAIN VISTA EMPLOYEE HOUSING E305 $0 1
45 MOUNTAIN VISTA EMPLOYEE HOUSING E306 $0
46 MOUNTAIN VISTA EMPLOYEE HOUSING E307 $34,700 9/26/2002 Studio
47 MOUNTAIN VISTA EMPLOYEE HOUSING E308 $34,700 10/10/2002 Studio
48 MOUNTAIN VISTA EMPLOYEE HOUSING E309 $0 Studio
49 MOUNTAIN VISTA EMPLOYEE HOUSING E310 $34,700 9/26/2002 Studio
50 WILDWOOD TOWNHOMES SOUTH A1 $152,600 9/7/2005 3
51 WILDWOOD TOWNHOMES SOUTH A2 $123,000 1/24/2006 2
52 WILDWOOD TOWNHOMES SOUTH A3 $140,500 7/25/2011 2
53 WILDWOOD TOWNHOMES SOUTH A4 $131,000 9/27/2007 2
54 WILDWOOD TOWNHOMES SOUTH A5 $78,400 2/21/1992 2
55 WILDWOOD TOWNHOMES SOUTH A6 $94,700 2/27/1992 3
56 WILDWOOD TOWNHOMES SOUTH B1 $210,000 1/29/2019 3
57 WILDWOOD TOWNHOMES SOUTH B2 $98,000 3/14/2000 2
58 WILDWOOD TOWNHOMES SOUTH B3 $106,200 11/30/2000 2
59 WILDWOOD TOWNHOMES SOUTH B4 $124,700 11/8/2005 2
60 WILDWOOD TOWNHOMES SOUTH B5 $101,600 6/30/1998 2
61 WILDWOOD TOWNHOMES SOUTH B6 $95,800 3/11/1992 3
62 WILDWOOD TOWNHOMES NORTH C1 $95,500 2/24/1992 3
63 WILDWOOD TOWNHOMES NORTH C2 $92,100 8/27/1996 2
64 WILDWOOD TOWNHOMES NORTH C3 $83,700 12/31/1993 2
65 WILDWOOD TOWNHOMES NORTH C4 $120,800 9/29/2006 2
66 WILDWOOD TOWNHOMES NORTH C5 $126,600 12/1/2000 3
TOA RENTAL SHERWOOD MEADOWS 1A $0 8/21/2000 3
TOA RENTAL WILDRIDGE SUBDIVISION (Fire Station)TRACT C $0 1 & 2
Land Inventory - Avon
Maxar
Town Boundaries
Study Area
Potential Re-Develop Parcel
Existing WF Housing
Suitable Vacant Parcel
Approved, No Construction
Include for WF Housing Consideration
Federal | State Parcels
Federal
State
9/19/2022
0 0.6 1.20.3 mi
0 1 20.5 km
1:35,000
970-748-4413 matt@avon.org
Page 1 of 3
TO: Honorable Mayor Smith Hymes and Council
FROM: Matt Pielsticker, Planning Director
RE: Landscaping Regulations
DATE: September 16, 2022
SUMMARY: The Town’s Landscaping Standards, contained within Avon Municipal Code (“AMC”) Section
7.28.050, are currently being examined. The purpose of this work session is to solicit feedback and affirm
direction to pursue code text amendments to implement updates. This review of landscaping intends to
coincide with a more wholistic review of all water management systems within the Town, including an
assessment of the Town’s water rights, current irrigation practices, and rectifying the Town’s water supply
and use information with Eagle River Water and Sanitation (“ERWSD”). Several changes (“Attachment A”)
are being contemplated to the AMC, including Water Budgeting practices, implementation of further water
efficiency and irrigation best practices, the inclusion of an approved plant list, and various “clean up”
amendments.
BACKGROUND: The existing Landscaping Standards were developed in 2010 during the unified land use
code adoption process. The standards originated from common draft code language that was provided by
the Town’s then code consultant. The Landscaping Standards have yielded mixed results through the
development review process, and are general in nature without communicating effectively what aesthetic
the Town desires– only including water-wise considerations. In 2017 the Landscaping Standards were
updated to cap permanently irrigated area (5,000 sq. ft.) for new development regardless of property size.
Additionally, the 2017 updates stipulated that separate irrigation plans be made part of the review process
to ensure property design and accountability with new construction.
GOALS OF AMENDMENTS: Here is a summary of proposed goals for updated Landscaping Standards. I
would like the Town Council to respond these draft goals:
• Implement Water Budgeting practices for new Landscape Designs
• Create Landscape Design Guide Appendix, with pictures [TBD]
• Provide pre-approved landscape species that fit Avon’s climate
• Implement further best practices above those currently being implemented
• Include “Mountain Neighborhood” Standards with increased sensitivity to water use
and fire mitigation [TBD]
• Incentivize landowners to covert current water-intensive landscapes [TBD]
WATER BUDGETING: Simply put, Water Budgeting is a tool to measure and ensure that water is being
used effectively and appropriately for Avon’s specific climate. At the municipal level it is becoming more
common to see water budgeting in practice. In Fort Collins, water budgets are used for informational
purposes only, to give real time information on water use as it relates to other properties of a similar type
and size. Boulder and Greely use water budgeting as a tool to navigate drought periods with fluctuating
availability. Rates in those communities is actively adjusted based up seasonality and drought conditions.
Since the Town is not the local water provider and directly oversees the system, water use data for
individual accounts is not available to review and compare use with pre-determined quantities. Avon can
970-748-4413 matt@avon.org
Page 2 of 3
regulate the design of new landscape plans and incentivize the conversion of existing water-intensive
designs.
The attached (“Attachment A”) Water Budgeting regulations and calculations are based on those crafted by
the City of Aspen. Landscape plans would be split into defined “hydrozones”, areas of different water-
demanding landscape material. After inputting irrigated area volumes, and resulting water demands, an
allowable gallons-per-year number is derived.
LANDSCAPE DESIGN PREFERENCE: Above and beyond the text of the Landscaping Standards, we plan
to take this opportunity to provide photographed examples of preferred landscape designs. For example, a
series of preferred versus non-preferred photographs will be prepared for different applications.
Residential
Streetscapes
PLANT LIST: The Green Industry Best Management Practices for the Conversation and Protection of
Water Resources in Colorado publication was used to provide a list of acceptable plant varieties for Avon.
See Appendix 7-C in the attached (“Attachment B”) information to view the current draft list for inclusion in
materials moving forward.
MOUNTAIN DESIGN STANDARDS: The Wildridge and Wildwood neighborhoods are characterized with
adjacency to arid, steep topography, with pockets of high fuel loads. With wildfire protection and defensible
space as the primary reason to have specific amendments for these neighborhoods, curtailing water use will
Preferred
Native/low-water Landscaping
Not preferred
Non-native/high-water use Landscaping
Left: Preferred. Native/low-water streetscape landscaping
Above: Not preferred. Non-useable turf grass
970-748-4413 matt@avon.org
Page 3 of 3
also be important given the higher evapotranspiration rates and wind associated with higher elevation,
predominately south-facing orientations. Mountain Star is governed by separate design standards.
Therefore, we propose to include a new section in the Landscaping Standards for Wildridge and Wildwood,
similar to other Wildridge-specific design standards (i.e. fences).
INCENTIVES: One way to incentivize a water wise landscaping design is to provide credits for retaining
native landscaping (already implemented) and benefiting owners who convert high-water-demanding
landscapes. Related: The State of Colorado recently approved House Bill 22-1151, which includes a fund
for those willing to convert their yard.
REQUESTED DIRECTION: Feedback and direction from Council on outlined changes and potential path
forward with updates to the Landscaping Standards.
PROPOSED MOTION: “I move to initiate Code Text Amendments for the purpose of updating the Town’s
Landscaping Standards, as outlined by Staff.”
Thank you, Matt
ATTACHMENT A: Landscape Standards Strikethrough
ATTACHMENT B: Appendix 7-B, Draft Water Efficient Landscape Worksheet and Plant List
Title 13 – Budget
7.28.050 - Landscaping.
(a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town:
(1) Integrates building sites with natural topography and existing vegetation;
(2) Minimizes disturbed areas;
(3) Conserves limited water resources;
(4) Reduces water use and off-site impacts which can affect the Eagle River;
(5) Reduces the amount of reflected glare and heat absorbed in and around developments;
(6) Breaks up large expanses of parking lots; and
(7) Preserves residential neighborhoods by lessening the impacts of potentially incompatible
uses.
(b) Applicability. This landscaping Section shall apply to all new development and redevelopment
as provided in Subsection 7.28.010(b), Applicability. Applicability of the provisions of this Section
shall be as indicated in Table 7.28-6 below.
(b)(1) Landscape plans for commercial properties shall be stamped by a licensed landscape
architect. Inspection and compliance with approved landscape plan must be obtained prior to
issuance of a certificate of occupancy.
(c) Required Landscaped Area. Minimum landscaped area and maximum Maximum irrigated area for
each zoning district shall be as indicated in Table 7.28-6, below.
______________________________________
Table 7.28-6
Minimum Landscaped Area and Maximum Irrigated Area by Zoning District
Zoning Districts Minimum Landscaped Area
(% of Gross Lot Size)
Maximum Irrigated Area (% of
Landscaped area)
NC, MC, TC, IC 20 20% of area up to 5,000 square feet
RSF, RL, RM, RH 25 20% of area up to 5,000 square feet
P, PF, OLD 0 n/a
(d) Water Allocation. Properties are subject to allotment by the Town of Avon Single Family Equivalent
(SFE) Assignment Table. Changes in use or landscaping may not increase water use demand
unless approved by resolution by the Avon Town Council.
ATTACHMENT A
(e) Water Budget.
(1) All irrigated landscaped areas must be included in the water budget calculation. The total
irrigation water need for all hydrozones cannot exceed a maximum applied water budget of 7.5
gallons/season/square foot of irrigated landscape area (12 inches/season) unless one or more
of the following special features are included.
(i) Special features to incentivize healthy landscapes
Non irrigated protected native vegetation
Ecological restoration areas
Non-irrigated permeable areas
Stormwater conveyance infrastructure
If any combination of the special feature areas totals to least 5% of the total irrigated
hydrazone area, then the maximum applied water budget increases to 8 gallons/season
/square foot (12.8 inches season)
If any combination of the special feature areas totals to least 10% of the total irrigated
hydrozone area, then the maximum applied water budget increases to 8.5 gallons/season
/square foot (13.6 inches season)
(ii) Rain barrels are incentivized when used to irrigate plantings in a low to very low water use
category with drip irrigation. For these areas, the calculated irrigation water need may be
decreased by 125 gallons per season for one (1) 55 gallon rain barrel or by 250 gallons per
season for two (2) 55 gallon rain barrels.
(f) Plant Material and Water Need
(1) Aside from the use of invasive and/or noxious plant species, any plant can be utilized in the
landscape plan. The water budget plant list provides water use categories that can be used for
calculating the plant water need. An estimate of the plant water needs in gallons per square
foot per season, must be provided for any plants that are currently not included in the AMC
Water Budget Plant List, Appendix 7-C.
(2) Each hydrozone shall plant materials with similar water use.
(3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic,
soils, and topographical conditions of the project site. To encourage efficient use of water, the
following are highly recommended:
(i) Protection and preservation of native species and natural vegetation
(ii) Selection of plants based on disease and pest resistance
(iii) Selection entry based on applicable local tree ordinance for tree shading guidelines
(iv) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface roots)
to minimize damage to property or infrastructure
ATTACHMENT A
(v) Consider the solar orientation and type of plant with plant placement to maximize summer
shade and winter solar gain.
(4) Protected native vegetation areas without irrigation are incentivized through the water budget
calculation.
(5) Invasive and/or noxious plant species are prohibited
(6) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an
impervious hardscape and where 25% means 1 foot of vertical elevation change for every 4
feet of horizontal length (rise divided by run x 100 = slope percent).
(7) Avoid fire-prone plant materials and highly flammable mulches and design landscaping in
accordance to wildfire hazard rating. Landscaping design plan for projects and fire prone areas
shall address fire safety and prevention. Further, all landscape plantings for properties located
in a moderate or high wildfire hazard zone must be Firewise.
(8) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper
than 6 inches (6”) and must be as far from tree trunk as practically possible. Do not cut roots
larger than four inches (4”) in diameter (dig under or around).
(9) Stormwater management practices minimizes runoff and increases infiltration which recharges
groundwater and improves water quality. The implementation of stormwater best management
practices in landscape and site plans is encouraged.
(10) Green stormwater infrastructure is incentivized through the water budget calculation. The
following treatments associated with the landscape and described in the drainage report will
have the following hydro zone values:
(i) Non-irrigated permeable surfaces without plants are incentivized through the water budget
calculation.
(ii) For purposes of the water budget calculation, stormwater conveyance infrastructure such as
vegetated swales shall apply a plant factor value representing the plantings with an
efficiency value based on the irrigation method. These areas are incentivized through the
water budget calculation.
(11) Project applicants shall refer to the Town of Avon Engineering Department for information on
any applicable stormwater ordinances and stormwater management plans.
(d) (g) Residential Landscape Buffer. The following regulations apply to properties where a nonresidential district or
use abuts a residential district or use:
(1) A minimum fifteen-foot-wide buffer space shall be provided.
(2) The buffer shall be designed with adequate landscaping or screening to properly separate the
differing uses.
ATTACHMENT A
(3) New trees and shrubs shall be evenly spaced at planting.
(4) A solid masonry wall, minimum six (6) feet in height, may be substituted for required shrubs.
(5) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(6) If used in addition to a landscape screen, fences shall have additional evergreen shrubs
planted on the residential side of the fence.
(7) Mechanical equipment, permanent detention and temporary erosion and sedimentation control
basins are prohibited in the buffer area.
(8) Utility easements should avoid being placed in the long dimension of a buffer yard.
(9) Wherever practical, pedestrian access shall be placed through the buffer yard.
(10) (h) Wildland Urban Interface. All new landscaping improvements installed after the
effective date of these regulations must comply with the International Wildland Urban Interface Code,
as adopted and amended by the Avon Town Council.
1. Landscaping Units. Required landscaping is calculated in landscaping units. Landscaping shall
be provided at a minimum of one (1) landscape unit per fifty (50) square feet of landscaped
area, whether irrigated or not, with no more than fifty percent (50%) of any one variety. At least
twenty-five percent (25%) of all required landscape units shall be provided as trees, or, two (2) low-
water, shrubs in lieu of one (1) tree. The following table indicates the landscape units awarded
for various preserved or planted landscape materials including stormwater management Best
Management Practices (BMPs):
Table 7.28-7 Landscape Units Awarded
Landscape Material Landscape Units Awarded
Newly Installed Existing Retained
Evergreen tree, > 10' high 8 14
Evergreen tree, > 8—10' high 8 11
Evergreen tree, 6—8' high 6 9
Evergreen Tree, < 6' high 1 2
Deciduous tree, > 8" caliper 10 14
Deciduous tree, > 4—8" caliper 8 11
Deciduous tree, > 2.5—4" caliper 7 9
Deciduous tree, 1.5—2.5" caliper or multi-stem 4 4
Deciduous tree < 1.5" caliper 1 2
ATTACHMENT A
Shrubs, 5-gallon 1 1.2
Shrubs, 3-gallon 0.8 0.9
Shrubs, 1-gallon 0.5 0.6
Perennials/ground cover, 2.5 Qt or 1-gallon 1 per 400 sq. ft.
Annual flower bed 1 per 400 sq. ft.
Xeriscape ground cover 1 2 per 400 200 sq. ft.
Flower basket support 0.2 per basket
Earthen berm, minimum 18" high 0.05 per linear foot
Hardscape Material Units Awarded
Split rail fence 0.20 per linear foot (0 in Wildridge)
Screening (opaque) fence 0.40 per linear foot (0 in Wildridge)
Shredded bark or 2"- rock mulch such as river rock 1 per 500 sq. ft.
Ornamental pavers 1 per 250 sq. ft.
Permeable Pavement
Landscape boulders, 3' or greater in height 21 per boulder
Rockery
Crevice Garden
Seating 0.40 per linear foot
Landscape lighting, sculpture, art, and/or
sheltering structure/landmark, rain garden,
bioswale, rain barrel, use of recycled and/or
repurposed materials
As determined by Director
Retained Existing Landscape Unit Bonuses Bonus Landscaping Units Award
300 + sq. ft. of low water native mountain region
vegetation as defined by CO Native Plant Society
(CoNPS)
10%
CoNPS Certified Native Garden “Bronze” 20%
CoNPS Certified Native Garden “Silver” 30%
CoNPS Certified Native Garden “Gold” 50%
80% or more of total landscaped area on
temporary irrigation 50%
ATTACHMENT A
2. Plant selection shall emphasize low water native mountain region vegetation as defined by CO
Native Plant Society and shall limit the use of high-water use plant species. All required
landscapes, with the exception of dry landscapes, shall include a designed irrigation system.
2.3. Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street
surface parking lots.
1. Parking Lot Perimeter Landscaping:
(i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all
parking lots having more than ten (10) spaces.
(ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to
screen the park the street. The screen shall be a minimum of thirty (30) inches in height
and may consist of a berm, w material, or combination thereof.
(iii) Where lots are being developed in a mixed-use district, the parking lot perimeter
landscaping requirement may be reduced along an interior lot line, at the discretion of the
Director, provided that interior parking lot landscaping applies to both parking lots.
2. Internal Landscaping:
(i) Landscape strips shall be installed between the parking rows of every other double row of
parking when parking rows exceed fifty (50) parking spaces.
(ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a
parking row, either within the parking row or at the end of the parking row.
3. Curbs. Landscaped areas within parking lots or the along perimeter of the property must be
protected from vehicular traffic through the use of continuous concrete curbs. At least
one (1) break per thirty (30) lineal feet of curb is required to allow for runoff inflows into
the landscaped areas.
4. Internal Landscaping Island Design. The intent of internal landscape islands are to separate
pedestrians from vehicles. Internal landscape islands shall:
(i) Be a minimum of six (6) feet in width.
(ii) Be at least two hundred (200) square feet.
(iii) Be sunken below the level of the parking lot surface to allow for runoff capture.
(iv) Incorporate deciduous shrubs, deciduous trees, perennials, and grasses in each island.
(v) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of
fifty percent (50%) nonliving landscaping material. Approved sidewalks are not counted
toward the nonliving landscape material percentage.
5. Internal Landscaping Strip Design. The intent of internal landscape strips are to separate
ATTACHMENT A
pedestrians from vehicles. Internal landscape strips shall:
(i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row.
(ii) Include a four-foot-wide sidewalk and a six-foot-wide planting strip.
(iii) Meet planting requirements for interior landscape islands, as outlined above.
6. Sight Distance Triangle. A sight distance triangle within the off-street parking area must
be established at street intersections by maintaining a maximum height for shrubs and
ground cover of thirty (30) inches as measured from the driveway surface. No
obstructions are permitted in the sight distance triangle, including tree branches that
must be trimmed within eight (8) feet of the ground. All applicable sight distance
requirements must be met for parking lot internal circulation and access points to the
public right-of-way.
3.4. Landscaping Standards. All landscaping elements, including but not limited to planters, retaining
walls and berms, must be specifically approved and shall conform to the following standards:
1. Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and
protect existing native vegetation and mature trees. Landscape credit shall be awarded for
preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded, above, where
the Director accepts the existing vegetation as being in good health and meets the intent of
the landscaping requirements of this Chapter.
(i) No trees or vegetation shall be removed except as specifically allowed in this Section.
(ii) No trees or vegetation except for noxious, non-native vegetation or vegetation found
by the Director to be imminently threatening property, at risk of disease due to
overcrowding, posing high fire danger, or potentially encroaching into easements shall be
removed.
(iii) All native landscaping shall be kept in its native state.
(iv) Significant trees and vegetation that are removed from a site shall be replaced as set forth
in this Section.
i. Significant Trees. Significant trees, as defined by this Section, shall be preserved to
the maximum extent feasible.
(1) A significant tree means a tree of at least eighteen (18) inches in diameter for
a deciduous tree and twelve (12) inches for evergreens, measured at a height
of fifty-four (54) inches above the ground.
(2) When a significant tree is removed, it shall be replaced on the lot or, offsite
on an approved location with a minimum of two trees a minimum height of
eight (8) feet or a minimum caliper of two and one-half (2.5) inches. Alternative
landscaping in the way of art installations or similar non-irrigation materials may
ATTACHMENT A
be considered in lieu of vegetation. Cash in lieu may also be an alternative. All
alternatives shall be approved through an Alternative Compliance Application, at
the Directors discretion.
(3) Replacement trees shall be maintained through an establishment period of at
least three (3) years, except that single-family and duplex dwellings shall have
an applicable establishment period of one (1) year.
(4) It is the responsibility of the property owner to preserve and maintain any
established significant tree.
(5) Alternative tree removal guidelines are at the discretion of the Director.
2. Protective Fencing During Construction. All vegetation, significant trees and trees intended for
use as credit towards the landscaping and tree protection standards of this Development
Code shall be fenced in accordance with this subsection before grading or other land-
disturbing activity begins. The Director shall consider existing site conditions in determining
the exact location of any tree protection fencing.
(i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent
method of fencing at the perimeter of the designated building envelope and a minimum
of four (4) feet in height at the drip line around each tree or group of trees within the
building envelope to prevent the placement of debris or fill on vegetation to be
preserved or within the drip line of any tree.
(ii) Inspection. All tree and vegetation protection measures shall be inspected and approved
by the Director prior to start of any land disturbing activities. Failure to have protection
measures inspected prior to the commencement of construction is a violation of this
Development Code.
3. Allowed Plant Materials. Proposed materials must be specified on development plans. A list of
permissible plant species that are compatible with various climate zones specifically found in
the Town and that promote water conservation shall be adopted by the Planning and Zoning
Commission and may be amended from time to time. The use of native plants as
defined by the CO Native Plant Society is recommended. Materials not on the list may
be approved if the Director determines that they are equally or more suitable for local soil
conditions, climate and water conservation goals and would provide the same or better level
of visual benefits, and have desired growth habits. No noxious weeds, as defined by Chapter
8.36, are permitted for use in the Town.
4. Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-
native, or diseased vegetation is required and shall be in compliance with Chapter 8.36.
5. Planting Landscape Plan Required. All planting -landscape plans must note and delineate:
(i) Aall planting and sod areas, and include
(ii) hHydrozones with similar microclimate, soil conditions, slope, and plant materials with
ATTACHMENT A
similar water demand. Individual hydrozones that mix high and low water use plants shall
not be permitted. Hydrozone areas shall be designated by number, letter, or other
designation on the landscape design plan and irrigation design plan.
(iii) Type of mulch and application depth.
(iv) Identify soil amendments, type, and quantity.
(v) Quantify areas of both pervious and impervious hardscapes.
(vi) Location and installation details of applicable stormwater features including infiltration
beds, swales, and basins that allow water to collect and soak into the ground.
(1)(vii) Detail any applicable rain harvesting, or catchment technologies as permitted by
the State of Colorado.
6. Irrigation Plan Required.
(1) All required landscaping shall be irrigated pursuant to Table 7.28-6, Minimum Landscaped
Area and Maximum Irrigated Area by Zoning District.
(2) Irrigation Plans shall demonstrate the location of the following:
(A) Backflow prevention devices that protect the potable water supply from contamination
by the irrigation system and comply with local plumbing codes.
(B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the
point of connection of the water supply.
(C) Master shut-off valves and flow meters integrated with the automatic irrigation
controller on all projects except irrigation systems that make use of technologies that
allow for the control of sprinklers that are individually pressurized.
(D) Dedicated landscape water meters or sub meters for all non-residential irrigated
landscapes five thousand (5,000) sq. ft. or more.
(E) For all nonresidential properties, smart irrigation controllers labeled by U.S.
Environmental Protection Agency's WaterSense Program or with published reports
posted on from the Smart Water Application Technologies are required. If a flow
meter is used, then the controller shall be able to use inputs from the flow
meter/sensor to control irrigation if flows are abnormal.
(F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend
or alter irrigation operation during unfavorable weather conditions or when sufficient
soil moisture is present.
(G) The following table shall be provided on all irrigation plans:
ATTACHMENT A
Landscape Area
Provided % of Lot/ Square Footage
Total irrigated area % of landscaped area/ square footage
Spray area % of irrigated area/ square footage
Drip area % of irrigated area/ square footage (measured as three (3) square feet per
sprinkler head, unless otherwise shown)
(3) The irrigation system design shall:
(A) Prevent runoff, low head drainage, overspray, or other similar conditions where
irrigation water flows onto non-targeted areas, such as adjacent property, non-
irrigated areas, hardscapes, roadways, or structures. Restrictions regarding
overspray and runoff may be modified if the landscape area is adjacent to
permeable surfacing and no runoff occurs or if the adjacent non- permeable
surfaces are designed and constructed to drain entirely to landscaping.
(A)(1) Minimum pop-up height for sprinklers in turf-grass areas is 6”.
(A)(B) Conform to the hydrozones of the landscape design plan.
(B)(C) Have matched precipitation rates within a hydrozone, unless otherwise directed by
the manufacturer's recommendations.
(C)(D) Meet the required operating pressure of the emission devices using valve pressure
regulators, sprinkler head pressure regulators, inline pressure regulators, booster
pumps, or other devices. The pressure and flow measurements identified at the
design stage will be verified prior to the installation of the system.
(D)(E) Meet the requirements set in the American National Standards Institute (ANSI)
standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter
Standard authored by the American Society of Agricultural and Biological Engineers
and the International Code Council and verified by an independent third-party.
(E)(F) Achieve the highest possible sprinkler spacing distribution uniformity using the
manufacturer's recommendations. All sprinkler head installed in the turfgrass areas
shall have a distribution uniformity of 0.65 or higher using the protocol defined in
ASABE/ICC 802-2014 standard.
(4) All irrigation shall be designed and operated according to the watering schedule as
imposed by the Eagle River Water and Sanitation District (ERWSD).
(5) Above ground temporary sprinkler irrigation may be used to establish vegetation on
otherwise non-irrigated portions of the landscaped areas; however, such temporary
systems must be removed upon sufficient vegetation establishment as determined by the
Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs
ATTACHMENT A
or three (3) years for trees.
(6) Irrigation Management.
(A) Irrigation management includes planning water use, monitoring water use, and
verifying that the equipment is maintained and properly adjusted for optimal
performance.
(B) Add landscape materials adjustments to the system should be in harmony with the
original intent of the irrigation design.
(C) Scheduling of irrigation events should match the needs of the plants to maintain
health, appearance, and meet the function of a landscape.
(7) Irrigation Audit
(A) Depending on the size and or nature of the proposed irrigation system or water
demand for landscaping, the Town may require an irrigation audit for the proposed
landscaping.
(B) All landscape irrigation audits shall be conducted by a third-party certified landscape
irrigation auditor. Irrigation audits shall not be conducted by the person or company
who installed the irrigation system.
(C) The irrigation audit report shall include, but is not limited to:
(1) System test with distribution uniformity for all turf areas and at least 10% of
remaining zones for a well-represented collection of zones;
(2) Reporting overspray or runoff that causes overland flow;
(3) Examination of an irrigation schedule, or preparation of one if necessary,
including irrigation controller’s configuration with application rate, soil types,
plant factors, slope, exposure, and any other factors necessary for accurate
programming; and
(ii)(4) System tune-up recommendation. Applicant will work with auditor to
reconcile recommendations & off the punch list to meet the standards.
(5)(8) Soil Amendment.
(A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall be
a sandy loam to a depth of at least six (6) inches containing at least five percent
(5%) organic matter by volume.
(B) Amended tree soil should have a minimum planting hole diameter of two (2)
times as large as the root ball diameter. Both topsoil and subsoil layers shall be
sandy loam. The topsoil shall be at least six (6) inches and have five percent
ATTACHMENT A
(5%) organic matter by weight and subsoil shall have at least one to three percent
(1 - 3%) organic matter by weight.
(C) A minimum of four (4) cubic yards of organic matter soil amendment per one-
thousand square feet of landscaped area shall be required as necessary to meet the
five percent (5%) organic matter specification.
(D) The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons
that impact plant growth or exceed the EPA’s standards for soil containment.
(E) All applicable soil criteria and standards shall be noted on the landscape design
plan.
(1) Mulch Criteria.
i. Organic mulch shall be applied at 1 cubic yard per 80 square feet at 4
inches (4”) and as appropriate to each species. It shall be applied to the
soil surface and not against the plant stem or high against the base of the
trunk to minimize disease.
ii. Organic mulch material includes bark and wood chips avoid much
consisting of construction debris such as pallets.
(A)iii. Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have a
minimum depth of two inches (2”). Inorganic mulch is recommended
where practicable as it does not hold or absorb water.
8. Revegetation Required.
i. All disturbed areas must be adequately reseeded and restored on all projects.
ii. In all disturbed areas, soil must be prepared with tilling and the addition of decomposed
organic matter such as, but not limited to, compost, composted horse manure or
composted chopped straw or hay. Straw tackifier or matting on steep slopes is required to
prevent soil erosion. The addition of decomposed organic matter is also required prior
to turf installation.
9. Guarantee of Installation. Required landscape improvements shall be installed prior to issuance of
a certificate of occupancy for all structures.
10. Maintenance. All landscape improvements shall be maintained and replaced by the property owner
as necessary. All property owners shall be responsible for maintenance of landscape
improvements within the public ROW between the back of curb or street pavements and the
adjacent property.
11. Dry Landscape Substitutions
i. The following table identifies materials that may be substituted for required landscaping:
ATTACHMENT A
Table 7.28-8
Material Minimum Size or
Example Substitution Maximum Substitutions
Boulders 24” x 30” Six (6) shrubs per
boulder
Twenty-five (25)
percent of required
shrubs
Dry creek bed or other
significant landscape
feature.
One (1) shrub per
twelve (12) square feet
Fifty (50) percent of
required shrubs
Shade structure or
other structure.
Small bridge, pavilion,
etc.
One (1) shrub per
twelve (12) square feet
Fine art/sculpture
Small garden
ornaments are not
included.
One (1) shrub per
twelve (12) square feet
Twenty-five (25)
percent of required
shrubs
Xeric Shrubs: density
to attain fifty (50)
percent bed coverage
after three (3) years
Two (2) gallon
container size Per one (1) shrub No limitation
7.28.060 - Screening.
(a) Purpose. Certain site features are required to be screened from public view or adjacent properties,
as indicated in this Section. The purpose of buffers and screening is to mitigate the view, lighting,
noise, heat, and odor impacts of vehicles, pavement or other more intense or high intensity uses.
All fences, walls and plant materials used to meet the screening requirements of this Section shall
meet the related standards of this Chapter.
(b) Minimum Screening Requirements. Screening Required. The following shall be screened on all
properties:
(1) All outdoor refuse facilities and recycling receptacles.
(2) All antennas shall be located so that they are screened from view from any public right-of-way
or neighboring property. Screening may be accomplished by or through the use of
landscaping materials, existing structures, sub-grade placements or other means that both
screen the antennas and appear natural to the site.
(3) Satellite dishes shall be screened from neighboring properties. Screening must be
ATTACHMENT A
accomplished through the placement of the satellite dish on the building. A separately built
fence may not be used. If this standard cannot be met in a manner that achieves an operable
satellite dish on the property, then the Town will work with the property owner to select the
least visually intrusive placement where the satellite dish is operable.
(4) Temporary installations of oil, gasoline or liquid petroleum gas tanks, if approved, shall be fully
screened from view from all public rights-of-way and all neighboring properties.
(c) Mechanical Equipment. The standards of this Section shall apply to all of the following:
(1) Electrical and gas-powered mechanical equipment;
(2) Ductwork and major plumbing lines used to heat, cool or ventilate; and
(3) Power systems for the building or site upon which the equipment is located.
(4) Roof and/or wall-mounted antennas and vent openings shall not be considered mechanical
equipment for purposes of these screening standards. The standards of this Section are not
intended to apply to solar arrays, solar energy collection systems or small wind energy
systems, if such systems are otherwise in compliance with applicable building codes and
development standards requirements.
(d) Screening Standards
(1) Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be screened
by a parapet wall or similar feature that is an integral part of the building's architectural design.
The parapet wall or similar feature shall be of a height equal to or greater than the height
of the mechanical equipment being screened. Roof-mounted mechanical equipment, except
solar energy collection systems, is prohibited on single-family residential dwellings.
(2) Wall-Mounted Mechanical Equipment. Wall-mounted mechanical equipment, except air
conditioning equipment (e.g., window AC units), that protrudes more than six (6) inches from
the outer building wall shall be screened from view by structural features that are
compatible with the architecture of the subject building. Wall-mounted mechanical
equipment that protrudes six (6) inches or less from the outer building wall shall be
designed to blend with the color and architectural design of the subject building.
(3) Ground-Mounted Mechanical Equipment. Ground-mounted mechanical equipment shall be
screened from view by landscaping, a fence or a decorative wall that is integrated into the
architecture of the structure. The fence or wall shall be of a height equal to or greater than the
height of the mechanical equipment being screened. Integrating plantings into the
architectural theme of buildings and their outdoor spaces to lessen differences in architecture,
to mitigate building scale, or to integrate the mechanical equipment into the overall look of the
site is highly encouraged.
(4) Alternate Screening. Mechanical equipment that is not screened in full compliance with the
screening standards of this Section shall be reviewed in accordance with Section 7.16.080,
Development plan. Alternate screening methods may include, but shall not be limited to,
ATTACHMENT A
increased setbacks, increased landscaping, grouping the equipment on specific portions of a
site, architectural features and painting.
(e) Loading and Service Areas.
(1) All service areas shall be placed at the rear, on the side of or inside buildings.
(2) No service area shall be visible from a public right-of-way or from adjacent residential areas.
(3) Service areas and access drives shall be located so they do not interfere with the normal
activities of building occupants or visitors on driveways, walkways, in parking areas or at
entries.
(4) Screening shall be a minimum height of eight (8) feet to screen truck berths, loading docks,
areas designated for permanent parking or storage of heavy vehicles and equipment or
materials.
(5) Screening shall be long enough to screen the maximum size trailer that can be
accommodated on site.
(f) Outside Storage Areas. An opaque screen consisting of one (1) or a combination of the following
shall be used to screen outdoor storage areas from adjacent properties and ROWs:
(1) Freestanding walls, wing walls or fences;
(2) Earthen berms in conjunction with trees and other landscaping; or
(3) Landscaping, that must be opaque and eight (8) feet in height at maturation.
(g) Shopping Cart Storage. All shopping carts shall be stored inside the building they serve. Shopping
cart corrals shall be made of a material suitable for withstanding weathering and rusting. Plastic
corrals are prohibited.
(h) Refuse Facility/Dumpsters
(1) All refuse facilities, including new refuse facilities placed on an existing development, shall be
completely screened from the public right-of-way and adjacent nonindustrial zoned
properties.
(2) Screening shall be achieved by a six-foot masonry wall or wooden fence. A gate opening to the
facility shall be situated so that the container is not visible from adjacent properties or public
ROW. Chain-link gates are not permitted. Gates must have tie-backs to secure in the
open position.
(i) Screening Materials and Design.
(1) Unless otherwise provided in this Section, screening may be accomplished by fencing, plant
materials or both fencing and plant materials. Screening with plant materials shall achieve
opacity by maturity. Masonry walls may be allowed for screening only if they are designed as
ATTACHMENT A
an integral component of the building architecture. In all cases, plant materials must be
used to screen utility boxes.
(2) No front, side or rear fence, wall or hedge may be more than six (6) feet in height, unless
required in other subsections of Section 7.28.060.
(3) Berms
(i) Minimum Requirements:
(A) Maximum slope of 4:1 for grassed areas and 3:1 for shrub beds; and
(B) Berms must be stabilized with vegetation consistent with the requirements of the
landscape area.
(C) Berm may not be installed as a means to block views of neighboring properties or
interfere with drainage systems.
(ii) Maintenance. All berms shall be maintained in a weed-free condition. Any dead plantings
on berms shall be immediately removed and replaced with similar vegetation.
7.28.070 - Retaining walls.
(a) Purpose. The general intent of the retaining wall standards are to reduce the necessity for
excessive grading and encourage stepping of driveways and buildings with the natural grade.
(b) Standards.
(1) Retaining walls may be utilized only where finished grades cannot meet the recommended
standards of this Development Code due to naturally occurring topography and other site
development constraints.
(2) Retaining walls over four (4) feet in height shall be designed with a series of retaining walls
with landscaped terraced steps. The width of the terrace between any two (2) four-foot vertical
retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet shall
be separated from any other retaining walls by a minimum of five (5) horizontal feet. Terraces
created between retaining walls shall be permanently landscaped.
(3) A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it is
demonstrated that no alternative site layout is functional.
(4) The design of retaining walls shall be constructed of materials compatible with the site and
materials of the structures on the site. Retaining walls and cribbing should utilize natural
materials, such as boulders, cut rocks, stone-veneer or textured, color-tinted concrete.
Timbers and railroad ties are prohibited as retaining wall materials. Where two (2) alternatively
designed retaining walls meet, a cohesive transition between walls must be demonstrated.
(5) Walls over four (4) feet in height or taller or any wall supporting a vehicle load or structure shall
ATTACHMENT A
be structurally designed and certified by a Colorado licensed professional engineer or
architect.
(5)(6) Maintenance. All walls shall be maintained in good repair. Walls shall be regularly
inspected to ensure stability and safety, and for aesthetic values.
(Ord. 10-14 §3)
7.28.71 - Rockeries.
(a) Purpose. The general intent of the rockery standards is to reduce the necessity for excessive
grading and encourage stepping of driveways and buildings with a natural landscape feature
mimicking a talus slope (1:1 slope consisting of naturally occurring fallen rock) common in alpine
environments.
(b) Standards.
(1) Rockeries may be utilized wherever finished grades cannot meet the recommended
standards of this Development Code due to naturally occurring topography and other site
development constraints.
(2) Retaining walls over four (4) feet in height shall be designed with a series of retaining walls
with landscaped terraced steps. The width of the terrace between any two (2) four-foot vertical
retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet shall
be separated from any other retaining walls by a minimum of five (5) horizontal feet. Terraces
created between retaining walls shall be permanently landscaped.
(3) A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it is
demonstrated that no alternative site layout is functional.
(4) The design of retaining walls shall be constructed of materials compatible with the site and
materials of the structures on the site. Retaining walls and cribbing should utilize natural
materials, such as boulders, cut rocks, stone-veneer or textured, color-tinted concrete.
Timbers and railroad ties are prohibited as retaining wall materials. Where two (2) alternatively
designed retaining walls meet, a cohesive transition between walls must be demonstrated.
(5) Walls over four (4) feet in height or any wall supporting a vehicle load or structure shall be
structurally designed and certified by a Colorado licensed professional engineer.
(5)(6) Maintenance. All walls shall be maintained in good repair. Walls shall be repaired and
maintained to ensure stability and safety, and for aesthetic values.
7.28.080 - Fences.
(a) Purpose. The purpose of these regulations is to maintain adequate visibility on private property and
in public rights-of-way, to maintain the openness of properties to protect the light and air to
ATTACHMENT A
abutting properties, to provide adequate screening by regulating the height, location and design
and to promote the movement of wildlife through portions of Town.
(b) Fence Design Standards.
(1) Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the
Avon Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood,
fences should complement the property and landscape rather than contain the property. The
following review criteria apply for the review of fence applications:
(i) Fence material shall be wood and no more than four (4) feet in height;
(i)(A) Fences height shall be measured from finished grade. Grade shall not be altered for
the purpose of increasing fence height.
(ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal
rails;
(iii) Fences shall not be located closer than seven and one-half (7.5) feet from the property
lines;
(iv) Fencesing, either partially attached to a building or free standing, shall not enclose an
area of one thousand two hundred (1,200) square feet or more;
(v) Fences shall ensure that wildlife migration is not negatively affected with the proposed
fence design;
(vi) If a fence is part of a multi-family project, approval shall be received from the association
and the fence design shall be integrated with the overall landscape design of the
property; and
(vii) If a fence is located on a duplex property, written approval shall be received from the
adjoining property owner and the fence design must be integrated with the overall
landscape design.
(viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible
food crops, the design must be consistent with the following criteria:
(A) Have a maximum height of six (6) feet;
(B) Have a maximum area of two hundred (200) square feet;
(C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid wood; and
(E) Fences enclosed on the top and greenhouses are considered accessory
structures.
ATTACHMENT A
(2) All other zone districts:
(i) Compatibility. Walls and fences shall be architecturally compatible with the style, materials
and colors of the principal buildings on the same lot. If used along collector or arterial
streets, such features shall be made visually interesting by integrating architectural
elements, such as brick or stone columns, varying the alignment or setback of the fence,
softening the appearance of fence lines with plantings or through similar techniques. A
fence or wall may not consist of a solid, unbroken expanse length of more than fifty (50)
feet.
(ii) Materials:
(A) Stone walls or brick walls with a stone or cast stone cap, treated wood fences,
decorative metal, cast iron fences, stucco walls and stone piers are encouraged.
Solid walls and fences are permitted only in rear and side yards. Retaining walls are
permitted where required for grading purposes. Hedges may be used in the same
manner and for the same purposes as a fence or wall.
(B) Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences
are split rail, wrought iron, picket or other standards residential fences of a similar
nature approved by the Director.
(C) Solid fences shall be constructed to meet the wind design criteria of the adopted
International Building Code, using a basic wind speed of ninety (90) miles per hour.
(D) Other materials may be incorporated in fences and walls and may be approved by
the Director.
(iii) Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire
or electrically charged fences are prohibited. Chain-link fencing with or without slats shall
not be used as a fencing material for screening purposes.
(iv) Height Limitations.
(A) No more than forty-two (42) inches high between the front building line and the front
property line. For corner lots, front yard fence regulations shall apply to both street
sides of lot.
(B) No more than forty-two (42) inches high if located on a side yard line in the front yard,
except if required for demonstrated unique security purposes.
(C) No more than five (5) feet high for an opaque privacy fence located on a rear property
line or on a side yard line in the rear yard.
(D) No more than six (6) feet high for opaque privacy fences that are located directly
adjacent to and integrated with the architecture of the house or connected to a
courtyard.
ATTACHMENT A
(E) No more than thirty (30) inches high when located within the sight distance triangle.
Fences within this sight distance triangle shall not be solid.
(F) In the Light Industrial and Commercial (IC) zone district, a chain-link fence is
permitted so long as it is not higher than six (6) feet anywhere on the premises and
not visible at the intersection.
(v) Maintenance. All fences shall be maintained in good repair. Fences shall be inspected
regularly to ensure stability and safety, and for aesthetic values.
7.28.100 - Natural resource protection.
(a) Steep Slopes.
(1) Purpose. The purpose of this Subsection is to:
(i) Prevent soil erosion and landslides;
(ii) Protect the public by preventing or regulating development in locations with steep
slopes;
(iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and
provide access for emergency vehicles necessary to serve the hillside areas;
(iv) Encourage only minimal grading that relates to the natural contour of the land and reduce
necessity of retaining walls;
(v) Discourage mass grading of large pads and excessive terracing; and
(vi) Require revegetation and reclamation of slopes disturbed during development.
(2) Applicability. The standards in this Section shall apply to all new development, with the
exception of administrative and minor subdivisions and all other subdivision, PUD and
rezoning processes that do not result in an increase in density.
(3) Standards. Development subject to these standards shall comply with the following
standards:
(i) Development on natural slopes of forty percent (40%) or greater is prohibited.
(ii) Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted,
whether to provide for a building site, for on-site utilities or services or for any roads or
driveways, prior to issuance of a building permit in accordance with a grading and
excavation plan and report for the site approved by the Town Engineer.
(iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent
(40%) shall remain in natural private or public open space, except as expressly
ATTACHMENT A
allowed in this Section. This area may be credited toward open space requirements and
minimum lot area requirements.
(iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty
percent (30%) that is larger than two thousand five hundred (2,500) square feet, the lot
shall be a minimum of one (1) acre in size with a minimum street frontage of one hundred
fifty (150) linear feet. Lots shall not be mass-graded to avoid this provision.
(v) Limits on Graded or Filled or Constructed Manmade Slopes.
(A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged
wherever possible.
(B) Graded or filled manmade or c onstructed slopes shall not exceed a slope of fifty
percent (50%).
(C) Cut man-made surfaces or slopes shall not exceed a slope between twenty-five
percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a
site investigation and submittal of a soils engineering or geotechnical report
prepared and approved by the Town Engineer, that a cut at a steeper slope will be
stable and will not create a hazard to public or private property.
(D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The
cut surface of the bedrock should be "sculptured" to create an irregular profile
which approximates natural rock outcroppings on the site. Planting pockets may
be created in the sculptured rock for grasses and forbs.
(E) All cut, filled and graded slopes shall be re-contoured to the natural, varied contour
of the surrounding terrain pursuant to Paragraph (xii)(F) below and Section
7.28.050, Landscaping.
(vi) Natural Design:
(A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut
and fill slopes (within approximately five [5] feet of the sharp angle). Where this
would damage tree root systems, the amount of rounding off may be reduced and
shrubs used instead to hide the transition.
(B) Slopes providing a transition from graded areas into natural areas should be varied in
percent grade both up-slope and across the slope, in the undulating pattern of
surrounding natural slopes, so that the top or the toe (or both) of the cut or fill slope
will vary from a straight line in plain view.
(C) Natural grade at the lot lines shall be maintained.
(vii) Separate Pads:
(A) Cutting and grading to create benches or pads for buildings or structures shall be
ATTACHMENT A
avoided to the maximum extent feasible.
(B) Separate building pads for accessory buildings and structures other than garages,
such as tennis courts, swimming pools, outbuildings and similar facilities, shall not be
allowed except where the natural slope is twenty percent (20%) or less.
(viii) Parking Areas. Parking areas should be constructed on multiple levels and follow natural
contours as necessary to minimize cut and fill.
(ix) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall
comply with the standards of Section 7.28.070, Retaining walls.
(x) Natural Drainage Patterns:
(A) Site design shall not change natural drainage patterns.
(B) To the maximum extent feasible, development shall preserve the natural surface
drainage pattern unique to each site as a result of topography and vegetation. Grading
shall ensure that drainage flows away from all structures, especially structures that
are cut into hillsides. Natural drainage patterns may be modified on-site only if the
applicant shows that there will be no significant adverse environmental impacts on-site
or on adjacent properties. If natural drainage patterns are modified, appropriate
stabilization techniques shall be employed.
(C) Development shall mitigate all negative or adverse drainage impacts on adjacent and
surrounding sites.
(D) Standard erosion control methods shall be used during construction to protect water
quality, control drainage and reduce soil erosion. Sediment traps, small dams or
barriers of straw bales shall be located wherever there are grade changes to slow
the velocity of runoff.
(xi) Revegetation Required. Any area exposed in new development shall be landscaped or
revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6),
Revegetation plan.
(xii) Streets, Roads and General Site Access:
(A) Access to a building or development site shall be by road, street or private access
road only.
(B) Streets, roads, private access roads and other vehicular routes shall comply with all
requirements of this Code and design specifications.
(C) Streets, roads, private access roads and other vehicular routes shall not be
allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless
specifically authorized by the PZC after finding that all of the following conditions
and constraints are applicable:
ATTACHMENT A
1) No alternate location for access is available; and
2) No significant adverse visual, environmental or safety impacts will result from the
crossing, either by virtue of the design and construction of the street, road, private
access road or other vehicular route as originally proposed or as a result of
incorporation of remedial improvements provided by the developer to mitigate
such impacts.
(D) Under no circumstances shall any street, road, private access road or other vehicular
route cross slopes greater than fifty percent (50%).
(E) Streets, roads, private access roads and other vehicular routes shall, to the maximum
extent feasible, follow natural contour lines.
(F) Grading for streets, roads, private access roads and other vehicular routes shall be
limited to the asphalt portion of the right-of-way, plus up to an additional ten (10)
feet on either side of the asphalt as needed, except that when developing access on
slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way
shall be graded plus the minimum area required for any necessary curb, gutter or
sidewalk improvements. The remainder of the access right-of-way shall be left
undisturbed to the maximum extent feasible.
(G) Roads, other vehicular routes or trails may be required to provide access or maintain
existing access lands for vehicles, pedestrians, emergency services and essential
service and maintenance equipment.
(b) Stream, River, Waterbody and Wetlands.
(1) Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect and
improve water quality, preserve fish and wildlife habitat and preserve the natural aesthetic
value of streams, rivers, water bodies and wetland areas of the Town.
(2) Applicability. This Subsection shall apply to all new development, except for the following
development or activities:
(i) Agricultural activities, such as soil preparation, irrigation, grazing, planting and
harvesting;
(ii) Platted residential lots which are less than twenty-two thousand (22,000) square feet in
size;
(iii) Platted residential lots which are less than twenty-two thousand (22,000) square feet in
size;
(iv)(iii) Maintenance and repair of existing public roads, utilities and other public facilities
within an existing right-of-way or easement;
(v)(iv) Maintenance and repair of flood control structures and activities in response to a
ATTACHMENT A
flood emergency; and
(vi)(v) Wetland and wildlife habitat restoration, construction or enhancement that
improves or restores the wetland or stream corridor functions, provided that the proposed
activity is approved by the appropriate agency such as the U.S. Army Corps of Engineers.
The standards of this Section shall apply in addition to the standards of Subsection
7.28.100(d), Flood Damage Prevention. In the event that there is any conflict between the two
(2), the more restrictive provision shall apply.
ATTACHMENT A
APPENDIX 7-B – WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is completed by the project applicant and is a required element of the Landscape and
Irrigation Documentation Package.
SECTION A. GALLONS OF WATER NEEDED BY PLANT CATEGORY AND IRRIGATION TYPE
The specific irrigation water needs of each hydrozone in the design should be determined using the
following formula and factors:
Irrigation Water Budget = [(ETo × Plant Factor) – Re] × Irrigated Area ÷ Irrigation Efficiency × 0.623 Where:
ETo = Reference Evapotranspiration = 27.4 inches/season (May through September)
Re = Effective Precipitation = 6.8 inches/season (May through September)
Irrigated Area = hydrozone area in square feet
Water Use
Category
Plant Factor Irrigation
Method
Default
Efficiency
Cool-Season Turf 0.90 Overhead 75%
High 0.80 Drip 90%
Medium 0.65 Water Feature 75%
Low 0.40
Very Low 0.25
Water Feature 0.90
Special Features to Incentivize
Healthy
Landscapes* (% of
Irrigated Area)
Maximum Applied
Water Budget
(gal/sf/season)
At least 10% 8.5
At least 5% 8.0
Less than 5% 7.5
*See Section 4.3.1.b.i. Maximum of 10% of the total irrigated area can be applied for to increase water budget
up to 8.5 gal/sf/season with any combination of applicable special features.
Number of 55-Gallon
Rain Barrels**
Reduction in Calculated
Irrigation Water Need
(gallons)
2 250
1 125
**See Section 4.3.1.b.ii. Water from rain barrels must be applied to irrigated plantings with Low or Very Low
water use categories with drip irrigation.
ATTACHMENT B
SECTION B. HYDROZONE INFORMATION TABLE AND WATER BUDGET CALCULATION
First, complete the Special Features Table to define the Maximum Applied Water Budget and any allowed
reductions to help complete the Hydrozone Table. Next, complete the Hydrozone Table for each hydrozone.
Use as many rows as necessary to provide the square footage of landscape area per hydrozone.
1. Special Features Table
Special Feature Special Feature Response
Total area of Special Features (sq-ft)
Total percent of Special Features
Maximum Applied Water Budget (gal/sf/season) (a)
Total number of 55-gallon rain barrels
Irrigation Water Need Reduction for Rain
Barrel(s)
(b)
2. Hydrozone Table
Hydro-
zone
ETo
(in/season)
Plant
Water Use
Category
Plant
Factor
Re
(in/season)
Irrigation
Method
Irrigation
Efficiency
Hydrozone
Area
(sq-ft)
Irrig Water
Need
(gal/season)
Sub-total
Irrigation Water Need Reduction for Rain Barrel(s) (b)
TOTAL (c) (d)
AVERAGE IRRIGATION WATER NEED ALL ZONES = (d) ÷ (c): gal/sf/season
IMPORTANT: Confirm that this does not exceed value determined in (a)
above.
ATTACHMENT B
Example Hydrozone Information Table and Water Budget Calculations
Example A: This landscape plan has no special features and is required to meet the 7.5 gal/sf/season Maximum
Applied Water Budget.
1. Special Features Table
Special Feature Special Feature Response
Total area of Special Features (sq-ft)
Total percent of Special Features
Maximum Applied Water Budget (gal/sf/season) 7.5 (a)
Total number of 55-gallon rain barrels
Irrigation Water Need Reduction for Rain
Barrel(s)
0 (b)
2. Hydrozone Table
Hydro-
zone
ETo
(in/season)
Plant Water
Use
Category
Plant
Factor
Re
(in/season)
Irrigation
Method
Irrigation
Efficiency
Hydrozone
Area
(sq-ft)
Irrig Water
Need
(gal/season)
Zone 1 27.4 L 0.40 6.8 Drip 0.90 2,000 5759
Zone 2 27.4 M 0.65 6.8 Overhead 0.75 500 4573
Zone 3 27.4 Cool-Season
Turf
0.90 6.8 Overhead 0.75 2,000 29,671
Zone 4 27.4 VL 0.25 6.8 Drip 0.90 1,000 35
Sub-total 5,500 40,038
Irrigation Water Need Reduction for Rain Barrel(s) (b) 0
TOTAL (c) 5,500 (d) 40,038
AVERAGE IRRIGATION WATER NEED ALL ZONES= (d) ÷ (c): 7.28
gal/sf/season
IMPORTANT: Confirm that this does not exceed value determined in (a)
above.
ATTACHMENT B
Example B: This landscape plan includes a 400 sq-ft non-irrigated, native vegetation area, totaling 7% of the
total irrigated area. This increases the allowed Maximum Applied Water Budget to 8.0 gal/sf/season. With this
allowance, Zone 4 from Example A was changed from Very Low plant category with Drip irrigation to Low
plant category with Overhead irrigation. This increases the Average Irrigation Water Need to 7.9
gal/sf/season, meeting the Maximum Applied Water Budget of 8.0 gal/sf/season.
1. Special Features Table
Special Feature Special Feature Response
Total area of Special Features (sq-ft) 400
Total percent of Special Features 7%
Maximum Applied Water Budget (gal/sf/season) 8.0 (a)
Total number of 55-gallon rain barrels
Irrigation Water Need Reduction for Rain
Barrel(s)
0 (b)
2. Hydrozone Table
Hydro-
zone
ETo
(in/season)
Plant Water
Use
Category
Plant
Factor
Re
(in/season)
Irrigation
Method
Irrigation
Efficiency
Hydrozone
Area
(sq-ft)
Irrig Water
Need
(gal/season)
Zone 1 27.4 L 0.4 6.8 Drip 0.9 2,000 5,759
Zone 2 27.4 M 0.65 6.8 Overhead 0.75 500 4,573
Zone 3 27.4 Cool-Season
Turf
0.9 6.8 Overhead 0.75 2,000 29,671
Zone 4 27.4 L 0.4 6.8 Overhead 0.75 1,000 3,456
Sub-total 5,500 43,459
Irrigation Water Need Reduction for Rain Barrel(s) (b) 0
TOTAL (c) 5,500 (d) 43,459
AVERAGE IRRIGATION WATER NEED ALL ZONES = (d) ÷ (c): 7.90
gal/sf/season
IMPORTANT: Confirm that this does not exceed value determined in (a)
above.
ATTACHMENT B
Example C: This landscape plan includes a 650 sq-ft non-irrigated, native vegetation area, totaling 12% of the
total irrigated area. This increases the allowed Maximum Applied Water Budget to 8.5 gal/sf/season. With this
allowance, Zone 2 from Example A was changed from Medium plant category with Overhead irrigation to Cool
Season Turf plant category with Overhead irrigation. This increases the Average Irrigation Water Need to 8.42
gal/sf/season, meeting the Maximum Applied Water Budget of 8.5 gal/sf/season.
1. Special Features Table
Special Feature Special Feature Response
Total area of Special Features (sq-ft) 650
Total percent of Special Features 12%
Maximum Applied Water Budget (gal/sf/season) 8.5 (a)
Total number of 55-gallon rain barrels
Irrigation Water Need Reduction for Rain
Barrel(s)
0 (b)
2. Hydrozone Table
Hydro-
zone
ETo
(in/season)
Plant Water
Use
Category
Plant
Factor
Re
(in/season)
Irrigation
Method
Irrigation
Efficiency
Hydrozone
Area
(sq-ft)
Irrig Water
Need
(gal/season)
Zone 1 27.4 L 0.4 6.8 Drip 0.9 2,000 5,759
Zone 2 27.4 Cool-Season
Turf
0.9 6.8 Overhead 0.75 500 7,418
Zone 3 27.4 Cool-Season
Turf
0.9 6.8 Overhead 0.75 2,000 29,671
Zone 4 27.4 L 0.4 6.8 Overhead 0.75 1,000 3,456
Sub-total 5,500 46,304
Irrigation Water Need Reduction for Rain Barrel(s) (b) 0
TOTAL (c) 5,500 (d) 46,304
AVERAGE IRRIGATION WATER NEED ALL ZONES = (d) ÷ (c): 8.42
gal/sf/season
IMPORTANT: Confirm that this does not exceed value determined in (a)
above.
ATTACHMENT B
Example D: This landscape plan includes a 650 sq-ft non-irrigated, native vegetation area, totaling 12% of
the total irrigated area. This increases the allowed Maximum Applied Water Budget to 8.5 gal/sf/season. With
this allowance, Zone 2 from Example A was changed from Medium plant category with Overhead irrigation to
Cool Season Turf plant category with Overhead irrigation. This property also has two 55-gallon rain barrels
being used as supplementary supplies, allowing a 250-gallon irrigation water need reduction to the property.
This increases the Average Irrigation Water Need to 8.37 gal/sf/season, meeting the Maximum Applied Water
Budget of 8.5 gal/sf/season.
1. Special Features Table
Special Feature Special Feature Response
Total area of Special Features (sq-ft) 650
Total percent of Special Features 12%
Maximum Applied Water Budget (gal/sf/season) 8.5 (a)
Total number of 55-gallon rain barrels 2
Irrigation Water Need Reduction for Rain
Barrel(s)
250 (b)
2. Hydrozone Table
Hydro-
zone
ETo
(in/season)
Plant Water
Use
Category
Plant
Factor
Re
(in/season)
Irrigation
Method
Irrigation
Efficiency
Hydrozone
Area
(sq-ft)
Irrig Water
Need
(gal/season)
Zone 1 27.4 L 0.4 6.8 Drip 0.9 2,000 5,759
Zone 2 27.4 Cool-Season
Turf
0.9 6.8 Overhead 0.75 500 7,418
Zone 3 27.4 Cool-Season
Turf
0.9 6.8 Overhead 0.75 2,000 29,671
Zone 4 27.4 L 0.4 6.8 Overhead 0.75 1,000 3,456
Sub-total 5,500 46,304
Irrigation Water Need Reduction for Rain Barrel(s) (b) 250
TOTAL (c) 5,500 (d) 46,054
AVERAGE IRRIGATION WATER NEED ALL ZONES = (d) ÷ (c): 8.37
gal/sf/season
IMPORTANT: Confirm that this does not exceed value determined in (a)
above.
ATTACHMENT B
City of Aspen Water Efficient Landscaping Standards B-1
APPENDIX 7-C – WATER BUDGET PLANT LIST
The Plant Water Use Category (VL = Very Low, L = Low; M = Medium; H = High) used to calculate the
Irrigation Water Budget in Appendix B should be selected from the plant list provided in the “Green Industry
Best Management Practices (BMPs) for the Conservation and Protection of Water Resources in Colorado:
Moving Toward Sustainability” Appendix E, Third Release, May 2008. The Appendix 7-C plant list
categorizes plant water needs for various regions of Colorado based on elevation, including the East Slope
(<6,500 ft), West Slope (6,500 to 8,500 ft), and Mountain Areas (>8,500 ft). Accordingly, Avon
is located in the “West Slope” and “Mountain Areas” categories. Relevant pages from the “Green Industry
Best Management Practices (BMPs) for the Conservation and Protection of Water Resources in Colorado:
Moving Toward Sustainability” Appendix E, Third Release, May 2008. are included in the next pages.
Applicant shall provide references for the Plant Water Use Category for any plant that is not included in this
plant list.
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Agapanthus africanus Lily of the Nile A M 1 M 15
Ageratum houstonianum Ageratum A L 3 M 4 M 25
Alyssum sp.Alyssum A L 2 L 4 M 29
Amaranthus spp.Amaranth A M 2 L 2 L 19
Angelonia spp.Summer Snapdragon A 0 M 9
Antirrhinum majus Snapdragon A L 4 M 4 M 27
Argyranthemum Marguerite Daisy A M 1 M 15
Bacopa spp.Water Hyssop A M 2 M 12
Begonia semperflorens Wax Begonia A H 2 H 19
Brachycome iberidifolia Daisy, Swan River A M 2 M 13
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Coleus spp.Coleus A M 3 M 28
Coreopsis tinctoria Coreopsis, Plains A L 1 L 2 L 22
Cosmos bipinnatus Cosmos A L 1 L 2 L 30
Cuphea spp.Cigar Flower A M 1 M 8
Dahlia pinnata Dahlia A M 2 M 23
Datura sp.Angel's Trumpet A M 1 L 17
Dianthus x chinensis Border Pink A L 2 M 19
Diascia barberae Twinspur A L 1 0 L 16
Dyssodia tenuiloba Daisy, Dahlberg A 0 L 6
Gazania rigens Treasure Flower A L 1 L 13
Gomphrene globosa Globe Amaranth A L 2 L 17
Helichrysum bracteatum Strawflower A L 1 L 12
Heliotropium arborscens Heliotrope A M 2 M 1 M 16
Impatiens wallerana Impatiens A H 1 M 2 H 26
Ipomea batatas Sweet Potato Vine A L 1 M 18
Lantana spp.Lantana A L 2 L 20
Lathyrus odoratus Sweet Pea, Annual A M 1 M 20
Limonium sinuatum Statice A L 1 L 1 L 16
Liriope muscari Lily Turf A M 1 M 10
Lobelia sp.Lobelia A M 3 M 23
Lobularia martitma Sweet Alyssum A 0 M 16
Lunaria annua Money Plant A L 1 L 10
Melinis (Rhynchelytrum) nerviglumis Grass, Ruby A M 1 M 11
Mimulus spp.Monkey Flower, Annual A H 2 H 9
Mirabilis jalapa Four O'Clock, Annual A L 1 VL 1 L 24
Molucella laevis Bells of Ireland A M 1 M 10
Nicotiana spp.Flowering Tobacco A M 2 M 23
Nierembergia hippomanica Cup Flower A M 1 M 9
Ocimum basilicum Basil A M 2 M 23
Pelargonium hybrids Geranium A M 2 M 24
Pennisetum setaceum Grass, Annual Fountain A L 2 M 23
Petunia x hybrida Petunia A L 1 M 4 M 27
Phacelia campanularia California Bluebell A L 1 L 7
Plectranthus argentatus Silver Dollar Plant A VL 1 L 11
Portulaca grandiflora Moss Rose, Portulaca A VL 1 L 3 L 25
Ricinus communis Castor Bean A 0 M 9
Salvia farinacea Mealycup sage A L 1 M 11
Salvia splendens Scarlet Salvia A L 2 M 13
Sanvitalia procumbens Creeping Zinnia A L 2 L 13
Scaevola aemula Fan Flower A M 2 M 13
Senecio cineraria Dusty Miller A L 1 L 2 L 25
Sutera cordata Bacopa A M 2 M 11
Tagetes spp.Marigold A L 1 L 3 L 27
Tithonia rotundifolia Sunflower, Mexican A L 1 L 16
Tropaeolum majus Nasturtium A L 2 L 23
Verbena bonariensis Verbena, Tall A VL 1 0 L 17
Verbena x hybrida Verbena, Garden A L 1 L 3 L 20
Viola tricolor Viola, Johnny jump up A M 2 M 24
Viola x wittrockiana Pansy A M 3 M 24
Zinnia elegans Zinnia A L 1 L 2 L 26
Anchusa spp.Bugloss A P L 2 L 1 M 20
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Bellis perennis Daisy, English A P M 1 M 11
Campanula medium Canterbury Bells A P M 3 H 2 M 21
Dianthus cultivars Pinks A P L 2 L 3 M 29
Diascia integerrima 'Coral Canyon'Twinspur, Coral Canyon A P L 2 L 2 L 30
Gazania krebsiana Tanager Gazania, Orange Hardy A P L 1 L 20
Rosmarinus officinalis Rosemary A P L 1 L 17
Salvia sclarea Clary Sage A P VL 1 M 1 L 23
Ajuga genevensis 'Pink Beauty'Carpet Bugle, Pink Beauty GC M 3 L 2 M 24
Ajuga pyramidalis 'Metallica Crispa'Carpet Bugle, Pyramid GC M 2 0 M 21
Ajuga reptans Carpet Bugle, Green GC M 2 M 2 M 30
Euonymus kewensis Eyonymus, Kew GC M 1 0 M 14
Thymus praecox 'Pseudolanuginosus'Thyme, Woolly GC L 1 VL 1 L 8
Aegopodium podograria Bishop's Weed GCP M 4 M 3 M 33
Convallaria majalis Lily of the Valley GCP M 1 M 1 M 27
Euonymus fortunei 'Coloratus'Wintercreeper, Purpleleaf GCP L 2 M 1 L 24
Fragaria americana Strawberry, Wild GCP L 2 L 2 L 25
Fragaria cultivars Strawberry GCP M 1 M 1 M 24
Fragaria vesca Strawberry, Runnerless GCP M 1 M 14
Geranium x cantabrigiense Cranesbill, Cambridge GCP M 1 M 1 M 18
Glechoma hederacea Ivy, Ground GCP L 1 M 12
Globularia cordifolia Daisy, Dwarf Globe GCP L 1 L 13
Hypericum calycinum St. John's Wort, Mounding GCP M 1 0 M 14
Hypericum reptans St. John's Wort, Creeping GCP M 1 0 L 15
Iberis gibraltarica Candytuft, Lilac GCP M 1 L 14
Iberis sempervirens Candytuft, Evergreen GCP M 1 M 1 L 28
Lamiastrum galeobdolon Yellow archangel GCP M 1 M 1 M 16
Lamium maculatum Nettle, Spotted GCP M 1 M 1 M 22
Marrubium rotundifolium Horehound, Silvery GCP 0 VL 10
Mazus reptans Mazus GCP 0 M 5
Pachysandra terminalis Spurge, Japanese GCP M 2 M 1 M 18
Phlox douglasii Phlox, Cushion GCP L 1 L 10
Phlox procumbens Phlox, Creeping GCP M 1 M 1 M 7
Phlox stolonifera Phlox, Creeping GCP 0 M 10
Phlox subulata Phlox, Creeping GCP M 2 L 2 L 29
Potentilla neumanniana Cinquefoil, Creeping GCP L 1 L 2 L 16
Potentilla nevadensis Cinquefoil, Native Silvery GCP L 2 L 2 L 22
Sagina subulata Pearlwort GCP M 1 M 11
Sedum acre evergreen Stonecrop, Goldmoss Utah GCP L 2 VL 3 L 21
Sedum 'Blue Spruce'Stonecrop, Blue Creeping GCP L 2 L 2 L 18
Sedum hybridum Stonecrop, Oak leaf GCP VL 1 L 2 L 15
Sedum spurium Stonecrop, Two row GCP L 2 VL 2 L 21
Sempervivum species Hens and Chicks GCP VL 4 L 4 VL 40
Stachys byzantina Lamb's Ears GCP VL 1 VL 2 L 28
Tanacetum densum amani Partridge Feather GCP VL 1 VL 1 VL 21
Teucrium chamaedrys Germander, Wall GCP L 1 L 15
Thymus 'Elfin'Thyme, Elfin GCP L 1 VL 1 L 17
Thymus praecox arcticus Thyme, Mother of GCP L 2 L 4 L 25
Thymus serphyllum Thyme, Wild GCP L 2 L 2 L 20
Veronica allionii Speedwell, Allioni GCP L 2 L 2 L 19
Veronica Crystal River Speedwell, Crystal River GCP L 2 L 2 L 14
Veronica filiformis Speedwell, Birdseye GCP VL 1 L 2 L 14
Veronica liwanensis Speedwell, Turkish GCP L 3 L 2 L 26
Veronica pectinata Speedwell, Wooly Creeping GCP L 4 L 2 L 26
Veronica prostrata Speedwell, Prostrate GCP L 2 L 2 L 16
Veronica repens Speedwell, Creeping GCP L 3 L 2 L 22
Vinca major Periwinkle, Big Leaf GCP M 2 M 2 M 20
Vinca minor Periwinkle GCP L 3 M 2 L 29
Waldsteinia ternata Strawberry, Barren GCP L 3 L 2 L 25
Arctostaphylos nevadensis Bearberry, Nevada GCP S L 5 L 2 L 33
Arctostaphylos uva ursi Kinnikinnick GCP S L 8 L 9 L 53
Mahonia repens Creeping Colorado Holly GCP S L 5 L 5 L 46
Potentilla species Cinquefoil, Creeping GCP S L 5 L 4 L 34
Achillea ageratifolia Yarrow, Greek P L 5 L 3 L 33
Achillea 'Coronation Gold'Yarrow, Golden Yellow P L 6 L 4 L 41
Achillea filipendulina Yarrow, Tall Yellow P L 6 VL 5 L 36
Achillea lanulosa Yarrow, Wooly White P L 4 L 3 L 28
Achillea millefolium Yarrow, Common White P L 7 L 7 L 44
Achillea 'Moonshine'Yarrow, Moonshine P L 7 L 5 L 43
Achillea ptarmica 'The Pearl'Yarrow, The Pearl P L 4 L 3 L 28
Achillea serbica Yarrow, Serbian P L 4 L 1 L 26
Achillea 'Summer Pastels'Yarrow, Mixed Pastels P L 6 L 5 L 39
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Achillea tomentosa Yarrow, Wooly Yellow P L 5 L 3 L 32
Aconitum columbianum Monkshood, Columbian P M 1 H 1 H 13
Aconitum napellus Monkshood, Garden P H 3 H 2 H 24
Aconitum x cammarum Monkshood, Bicolor P 0 M 11
Actinidia arguta Kiwi, Hardy P 0 M 8
Adiantum pedatum Fern, Western Maidenhair P H 2 0 H 13
Aethionema coridifolium Stonecress, Lebanon P M 3 M 1 L 13
Aethionema grandiflorum Stonecress, Persian P L 3 0 L 14
Agastache aurantiaca 'Coronado'Hyssop, Coronado P L 3 L 1 L 34
Agastache barberi Giant Hummingbird's Mint P L 3 L 1 L 24
Agastache 'Blue Fortune'Hyssop, Blue Fortune Anise P L 3 L 1 L 25
Agastache cana Double Bubblemint P L 4 L 1 L 33
Agastache foeniculum Hyssop, Anise P L 2 L 1 L 21
Agastache rupestris Hyssop, Sunset P L 4 L 2 L 37
Ajania pacifica Daisy, Pacific P L 1 L 1 L 8
Alcea rosea Hollyhock P L 4 L 3 L 39
Alchemilla alpina Lady's Mantle, Alpine P L 1 L 1 M 14
Alchemilla erythropoda Lady's Mantle, Red P M 2 0 M 11
Alchemilla mollis Lady's Mantle P M 2 L 1 M 27
Allium cernuum Nodding Onion P L 1 L 2 L 20
Allium geyeri Geyer Onion P L 1 M 1 L 12
Allium schoenoprasum Chives P M 1 M 1 L 27
Alyssum montanum 'Mountain Gold'Basket of Gold, Mountain P L 5 L 3 L 35
Amsonia jonesii Jones' Bluestar P M 2 0 L 14
Anacyclus pyrethrum var. depressus Daisy, Mt. Atlas P L 3 M 1 L 25
Anaphalis margaritacea Pearly Everlasting P L 3 L 3 L 18
Andropogon gerardii Bluestem, Big P L 3 L 1 L 27
Andropogon saccharoides Bluestem, Silver P L 1 L 1 L 17
Anemone biarmiensis Anemone, Yellow P M 3 L 2 M 15
Anemone canadensis Anemone, Meadow P M 3 L 1 M 19
Anemone cylindrica Thimbleweed P M 3 M 1 M 14
Anemone multifida Windflower P M 3 M 3 M 21
Anemone sylvestris Anemone, Snowdrop P L 2 M 1 M 22
Anemone tomentosa 'Robustissima'Anemone, Grape leaved P M 2 M 1 M 19
Anemone x hybrida Anemone, Hybrid P M 2 M 1 M 21
Antennaria dioica 'Rubra'Pussytoes, Pink P VL 3 VL 4 L 32
Antennaria parvifolia Pussytoes, Dwarf P VL 5 VL 5 VL 34
Anthemis marschalliana Daisy, Filigree P L 1 0 L 9
Anthemis tinctoria Daisy, Marguerite P L 2 L 1 L 21
Aquilegia alpina Columbine, Alpine P M 5 L 4 M 33
Aquilegia barnebyi Columbine, Barneby's P L 4 M 2 M 21
Aquilegia caerulea Columbine, Rocky Mountain P M 8 M 8 M 52
Aquilegia canadensis Columbine, Dwarf Red P M 6 L 4 M 32
Aquilegia chrysantha Columbine, Yellow P M 7 L 4 L 43
Aquilegia cultivars Columbine P M 5 M 6 M 38
Aquilegia discolor Columbine, Spanish P M 3 M 2 M 16
Aquilegia elegantula Columbine, Dwarf Red P M 3 M 3 M 24
Aquilegia flabellata 'Kurilensis'Columbine, Compact Pink P M 4 M 2 M 21
Aquilegia formosa Columbine, Western Red P M 4 M 2 M 21
Aquilegia saximontana Columbine, Dwarf Blue P M 4 M 3 M 28
Aquilegia vulgaris Columbine, Garden P M 3 M 4 M 28
Arabis blepharophylla 'Spring Charm'Rockcress, Spring Charm P L 3 L 2 L 18
Arabis caucasica 'Snowcap'Rockcress, White Alpine P L 4 L 2 L 25
Arenaria montana Sandwort, Mountain P L 3 L 2 L 19
Armeria maritima Sea Pinks P M 3 M 1 M 28
Armeria pseudarmeria Sea Pinks, Wide leaved P L 2 0 M 12
Armeria 'Victor Reiter'Sea Pinks, Victor Reiter P L 2 M 1 M 15
Arnica cordifolia Arnica, Heartleaf P L 2 L 2 M 11
Artemisia absinthium Sage, Common Wormwood P VL 2 VL 1 VL 14
Artemisia 'Powis Castle'Sage, Powis Castle P L 6 L 3 L 31
Artemisia schmidtiana Sage, Silver Mound P VL 3 VL 2 L 30
Artemisia stellerana 'Silver Brocade'Sage, Silver Brocade P L 4 VL 2 L 24
Aruncus dioicus Goats Beard P L 1 0 M 14
Arundo donax Grass, Giant Reed P H 1 0 M 11
Asclepias incarnata Milkweed, Swamp P H 1 H 1 M 19
Asclepias speciosa Milkweed, Showy P L 2 L 2 L 18
Asclepias tuberosa Gay Butterfly P L 5 L 1 L 29
Aster alpinus Aster, Alpine P L 4 L 1 L 27
Aster bigelovii Aster, Plains P L 2 M 1 L 17
Aster laevis Aster, Smooth P L 2 L 2 L 15
Aster novae angliae Aster, New England P M 3 M 2 M 26
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Aster novi belgii Aster, Dwarf Fall P M 5 VL 1 M 32
Aster porteri Aster, Porter P L 1 0 L 12
Aster tongolensis 'Wartburg Star'Aster, Purple P L 2 0 M 17
Aster 'Wood's Purple'Aster, Wood's Purple P M 3 M 2 M 17
Aster x frikartii 'Monch'Aster, Monch Frikart's P L 3 M 1 M 26
Astilbe chinensis False Spirea, Chinese P M 3 H 1 H 21
Astilbe x arendsii False Spirea P M 3 H 1 H 20
Astilbe x japonica False Spirea P M 3 M 1 H 19
Astilbe x simplicifolia 'False Spirea, Star P M 1 H 1 H 13
Astilbe x thunbergii False Spirea P H 2 H 1 H 13
Astrantia carniolica Masterwort, Giant P H 1 0 M 6
Astrantia major Masterwort P H 1 0 M 9
Athyrium filix femina Fern, Lady P H 1 H 1 H 14
Athyrium nipponicum 'Pictum'Fern, Japanese Painted P H 1 M 1 H 16
Aubrieta deltoidea 'Purple Gem'Rockcress, Purple P L 2 L 1 L 21
Aubrieta x cultorum Rockcress, Hybrid P M 1 0 L 12
Aurinia saxatilis 'Gold Ball'Basket of Gold Alyssum P L 5 L 3 L 35
Baileya multiradiata Desert Marigold P L 2 L 1 VL 11
Baptisia australis False Indigo P L 3 L 2 L 26
Belamcanda chinensis Lily, Blackberry P M 1 0 L 15
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Coleus spp.Coleus A M 3 M 28
Coreopsis tinctoria Coreopsis, Plains A L 1 L 2 L 22
Cosmos bipinnatus Cosmos A L 1 L 2 L 30
Cuphea spp.Cigar Flower A M 1 M 8
Dahlia pinnata Dahlia A M 2 M 23
Datura sp.Angel's Trumpet A M 1 L 17
Dianthus x chinensis Border Pink A L 2 M 19
Diascia barberae Twinspur A L 1 0 L 16
Dyssodia tenuiloba Daisy, Dahlberg A 0 L 6
Gazania rigens Treasure Flower A L 1 L 13
Gomphrene globosa Globe Amaranth A L 2 L 17
Helichrysum bracteatum Strawflower A L 1 L 12
Heliotropium arborscens Heliotrope A M 2 M 1 M 16
Impatiens wallerana Impatiens A H 1 M 2 H 26
Ipomea batatas Sweet Potato Vine A L 1 M 18
Lantana spp.Lantana A L 2 L 20
Lathyrus odoratus Sweet Pea, Annual A M 1 M 20
Limonium sinuatum Statice A L 1 L 1 L 16
Liriope muscari Lily Turf A M 1 M 10
Lobelia sp.Lobelia A M 3 M 23
Lobularia martitma Sweet Alyssum A 0 M 16
Lunaria annua Money Plant A L 1 L 10
Melinis (Rhynchelytrum) nerviglumis Grass, Ruby A M 1 M 11
Mimulus spp.Monkey Flower, Annual A H 2 H 9
Mirabilis jalapa Four O'Clock, Annual A L 1 VL 1 L 24
Molucella laevis Bells of Ireland A M 1 M 10
Nicotiana spp.Flowering Tobacco A M 2 M 23
Nierembergia hippomanica Cup Flower A M 1 M 9
Ocimum basilicum Basil A M 2 M 23
Pelargonium hybrids Geranium A M 2 M 24
Pennisetum setaceum Grass, Annual Fountain A L 2 M 23
Petunia x hybrida Petunia A L 1 M 4 M 27
Phacelia campanularia California Bluebell A L 1 L 7
Plectranthus argentatus Silver Dollar Plant A VL 1 L 11
Portulaca grandiflora Moss Rose, Portulaca A VL 1 L 3 L 25
Ricinus communis Castor Bean A 0 M 9
Salvia farinacea Mealycup sage A L 1 M 11
Salvia splendens Scarlet Salvia A L 2 M 13
Sanvitalia procumbens Creeping Zinnia A L 2 L 13
Scaevola aemula Fan Flower A M 2 M 13
Senecio cineraria Dusty Miller A L 1 L 2 L 25
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Sutera cordata Bacopa A M 2 M 11
Tagetes spp.Marigold A L 1 L 3 L 27
Tithonia rotundifolia Sunflower, Mexican A L 1 L 16
Tropaeolum majus Nasturtium A L 2 L 23
Verbena bonariensis Verbena, Tall A VL 1 0 L 17
Verbena x hybrida Verbena, Garden A L 1 L 3 L 20
Viola tricolor Viola, Johnny jump up A M 2 M 24
Viola x wittrockiana Pansy A M 3 M 24
Zinnia elegans Zinnia A L 1 L 2 L 26
Anchusa spp.Bugloss A P L 2 L 1 M 20
Bellis perennis Daisy, English A P M 1 M 11
Campanula medium Canterbury Bells A P M 3 H 2 M 21
Dianthus cultivars Pinks A P L 2 L 3 M 29
Diascia integerrima 'Coral Canyon'Twinspur, Coral Canyon A P L 2 L 2 L 30
Gazania krebsiana Tanager Gazania, Orange Hardy A P L 1 L 20
Rosmarinus officinalis Rosemary A P L 1 L 17
Salvia sclarea Clary Sage A P VL 1 M 1 L 23
Ajuga genevensis 'Pink Beauty'Carpet Bugle, Pink Beauty GC M 3 L 2 M 24
Ajuga pyramidalis 'Metallica Crispa'Carpet Bugle, Pyramid GC M 2 0 M 21
Delosperma floribundum 'Starburst'Iceplant, Starburst P L 3 L 2 L 29
Delosperma Mesa Verde Iceplant, Mesa Verde P L 2 L 2 L 25
Delosperma nubigenum Iceplant, Yellow Hardy P L 4 L 2 L 33
Delosperma Table Mountain Iceplant, Table Mountain P L 2 L 2 L 25
Delphinium grandiflorum Larkspur, Chinese P M 4 L 4 M 29
Delphinium nelsonii Larkspur, Nelson P M 1 M 1 L 10
Delphinium species Larkspur,P M 4 M 5 M 27
Delphinium x Pacific Giant Larkspur, Mixed P M 3 M 4 M 30
Dendranthema weyrichii 'Pink Bomb'Daisy, Pink Bomb P M 1 M 1 M 10
Dendranthema x rubellum 'Clara Curtis'Daisy, Rose Pink P M 1 M 1 M 15
Deschampsia cespitosa Grass, Tufted Hair P M 2 H 2 M 19
Dianthus anatolicus Pinks, Anatolian P L 1 L 2 L 12
Dianthus barbatus Sweet William P L 2 M 3 M 29
Dianthus caryophyllus Carnation, Hardy P L 1 L 2 M 21
Dianthus deltoides Pinks, Maiden P L 2 L 2 M 24
Dianthus graniticus Pinks, Granite P L 2 M 3 M 18
Dianthus gratianopolitanus Pinks, Pincushion P L 2 L 2 M 21
Dianthus plumarius (lumnitzer)Pinks, Cottage P L 1 L 2 M 16
Dicentra eximia Bleeding Heart, Fringed P H 2 H 2 M 26
Dicentra formosa Bleeding Heart, Fringed P M 3 M 4 M 28
Dicentra spectabilis Bleeding Heart, Old Fashioned P M 3 M 4 M 31
Dictamnus albus Gas Plant P 0 M 6
Digitalis grandiflora Foxglove, Perennial Yellow P L 3 M 2 M 24
Digitalis 'Mertonensis'Foxglove, Perennial Pink P M 1 M 1 M 21
Digitalis purpurea Foxglove, Common P M 1 M 2 M 26
Digitalis thapsi Foxglove, Spanish P M 1 M 1 M 25
Dodecatheon pulchellum Shooting Star P M 1 M 15
Doronicium grandiflorum Leopard's Bane P L 1 L 1 M 11
Draba hispanica Draba, Spanish P 0 L 9
Dracocephalum botryoides Dragonhead, Evergreen P 0 L 5
Dryopteris dilatata Fern, Broad Buckler P 0 H 8
Dryopteris erythrosora Fern, Autumn P M 1 0 M 11
Dryopteris filix mas Fern, Leatherwood Male P M 1 M 15
Dryopteris marginalis Fern, Leatherwood P 0 H 10
Duchesnea indica Strawberry, Mock P L 1 L 2 L 21
Echinacea angustifolia Coneflower, Narrow Leaf Purple P L 1 L 1 L 24
Echinacea purpurea Coneflower, Purple P L 4 M 2 L 41
Echinops ritro Globe Thistle P L 2 L 1 L 24
Epilobium fleischeri Willowherb, Alpine P L 2 L 2 M 15
Epimedium x cantabrigiense Bishop's Hat P 0 M 9
Equisetum hyemale Rush, Scouring P H 1 H 9
Eragrostis trichodes Grass, Sand Love P L 1 0 L 7
Erica carnea (herbacea)Heath, Winter P 0 M 5
Erigeron compositus Daisy, Cut Leaf P VL 1 VL 3 L 21
Erigeron divergens Daisy, Spreading P VL 1 L 1 L 11
Erigeron flagelleris Daisy, Whiplash P VL 2 L 2 L 17
Erigeron speciosus Fleabane, Showy P L 1 L 2 L 17
Erigeron subtrinervis Fleabane, Three nerved P L 1 0 L 10
Erigeron vetensis Daisy, Early Bluetop P L 1 0 L 6
Eriogonum jamesii Sulphur Flower, Creamy P L 3 L 4 L 20
Eriogonum umbellatum Sulphur Flower P L 4 VL 6 VL 35
Erodium reichardii Heron's Bill P L 1 M 9
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Eryngium alpinum 'Superbum'Sea Holly P L 1 L 1 L 12
Eryngium amethystinum Sea Holly, Amethyst P L 1 L 1 L 10
Eryngium planum 'Blaukappe'Sea Holly, Blue Cap P L 1 L 1 L 13
Eryngium variifolium Sea Holly, Moroccan P L 1 L 1 L 12
Eryngium yuccifolium Button Snakeroot P L 1 L 1 L 13
Erysimum asperum Wallflower P M 1 L 2 L 17
Erysimum kotschyanum Wallflower, Alpine P M 1 M 2 M 12
Eschscholzia californica Poppy, California P VL 3 L 4 L 35
Eupatorium purpureum Joe Pye Weed P 0 M 5
Euphorbia amygdaloides Spurge, Wood P VL 1 L 1 L 15
Euphorbia polychroma Spurge, Cushion P L 1 L 23
Fallopia japonica compacta Fleeceflower, Dwarf P VL 1 VL 1 L 14
Festuca glauca Fescue, Blue P L 3 L 2 L 30
Festuca idahoensis Fescue, Idaho P M 1 L 8
Filipendula rubra Meadowsweet P 0 M 13
Filipendula ulmaria Meadow Sweet P 0 M 10
Fragaria virginiana glauca Strawberry, Scarlet P M 1 M 7
Frasera speciosa Gentian, Green P H 1 M 5
Gaillardia aristata Blanket Flower, Native P VL 3 L 2 L 36
Gaillardia x grandiflora Blanket Flower P VL 1 L 2 L 28
Galium boreale Northern Bedstraw P 0 L 8
Galium odoratum Sweet Woodruff P L 2 VL 1 M 33
Gaura lindheimeri Whirling Butterflies P L 2 0 L 30
Gazania linearis 'Colorado Gold'Gazania, Colorado Gold Hardy P L 1 L 22
Gentiana affinis Gentian, Northern Pleated P H 1 M 12
Gentiana cachemirica Gentian, Himalayan P 0 M 6
Gentiana calycosa Gentian, Explorer's P L 1 L 6
Gentiana septemfida lagodechiana Gentian, Crested P H 1 M 9
Geranium caespitosum Cranesbill, Purple Wild P M 1 L 16
Geranium cinereum 'Ballerina'Cranesbill, Ballerina Grayleaf P M 1 M 21
Geranium cultivars Cranesbill P M 1 M 1 M 25
Geranium dalmaticum Cranesbill, Compact Rose P M 1 M 14
Geranium endressii 'Wargrave Pink'Cranesbill, Pink P M 1 M 1 M 17
Geranium himalayense Cranesbill, Lilac P M 1 M 18
Geranium macrorrhizum Cranesbill, Adriatic P VL 1 L 2 L 17
Geranium maculatum Geranium, Wild P M 1 M 17
Geranium magniflorum La Veta Lace Geranium, La Veta Lace P 0 M 11
Geranium platypetalum Cranesbill, Broad petaled P M 1 M 11
Geranium psilostemon Cranesbill, Armenian P M 1 M 10
Geranium sanguineum Cranesbill, Bloody P L 3 M 1 M 27
Geranium viscosissimum Geranium, Sticky P L 1 M 1 L 15
Geranium x magnificum Cranesbill, Showy P M 1 M 1 M 15
Geranium x oxonianum 'Claridge Druce'Cranesbill, Lilac Pink P L 2 0 M 20
Geum chiloense Avens, Chilean P M 1 L 1 M 19
Geum coccineum 'Borisii'Avens, Orange P L 1 M 16
Geum triflorum Avens, Prairie Smoke P M 2 L 1 L 22
Grindelia squarrosa Gumweed, Curly cupped P VL 1 L 8
Gutierrezia sarothrae Snakeweed P VL 2 L 1 VL 15
Gymnocarpium dryopteris Fern, Oak P 0 L 1
Gypsophila paniculata Baby's Breath P M 1 VL 1 L 35
Gypsophila repens Baby's Breath, Creeping P M 1 L 2 M 27
Hakonechloa macra Grass, Japanese Forest P 0 H 6
Haplopappus glutinosus Golden Star P VL 1 L 9
Hebe albicans Hebe P 0 M 3
Helenium autumnale Sneezeweed P M 1 L 1 M 19
Helianthemum Sunrose P M 1 L 1 L 27
Helianthus maximiliana Sunflower, Maximilian P L 2 VL 1 L 30
Helianthus pumilus Sunflower, Dwarf P 0 L 7
Helichrysum sibthorpii Everlasting P 0 L 5
Helictotrichon sempervirens Grass, Blue Avena P L 3 M 1 L 32
Heliopsis helianthoides False Sunflower P L 1 M 20
Helleborus argutifolius Hellebore P 0 M 14
Helleborus orientalis Lenten Rose P M 1 0 M 5
Hemerocallis Daylily P L 3 M 3 L 42
Heterotheca horrida Aster, Golden P 0 L 8
Heterotheca villosa Aster, Hairy Golden P VL 1 L 13
Heuchera americana Coral Bells, American P M 1 M 22
Heuchera cultivars Coral Bells P L 2 M 1 M 30
Heuchera micrantha Coral Bells, Smallflowered P M 1 M 20
Heuchera sanguinea Coral Bells P M 1 M 1 M 26
Heuchera x brizoides Coral Bells, Hybrid P 0 M 11
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Heucherella alba Heucherella, White P M 1 0 M 13
Hibiscus moscheutos Rose Mallow P 0 M 21
Hieracium lanatum Hawkweed, Felted P L 1 0 L 9
Hierochloe odorata Grass, Indian Sweet P 0 L 5
Hosta cultivars Hosta P L 2 M 1 M 34
Hosta sieboldiana Hosta, Sieboldiana P M 1 M 1 M 26
Hosta x fortunei Hosta, Fortunei P M 1 M 21
Hosta x tardiana 'Halcyon'Hosta, Halcyon P 0 M 15
Hosta x undulata Hosta, Wavy P M 1 M 2 M 23
Houttuynia cordata 'Chameleon'Chameleon Plant P 0 M 10
Hymenoxys acaulis Daisy, Angelita P L 1 L 6
Hypericum patulum St. John's Wort, Goldencup P M 1 0 M 13
Hyssopus officinalis Hyssop P 0 L 6
Imperata cylindrica 'Red Baron'Grass, Japanese Blood P 0 M 17
Incarvillea delavayi Gloxinia, Hardy P 0 M 11
Ipomopsis aggregata Gilia, Scarlet P L 2 L 2 L 21
Ipomopsis candida Fairy Trumpet, White P L 1 L 8
Iris ensata (kaempheri)Iris, Japanese P M 1 M 1 M 21
Iris missouriensis Iris, Western Blue Flag P L 2 L 2 L 25
Iris orientalis Iris, Yellow Butterfly P 0 L 8
Iris pallida 'Variegata'Iris, Variegated Sweet P M 1 L 22
Iris pseudacorus Iris, Yellow Flag P H 1 M 18
Iris setosa artica Iris, Dwarf Blue Flag P M 1 M 15
Iris siberica Iris, Siberian P L 1 L 2 M 30
Iris x germanica Iris, Bearded P L 1 L 3 L 37
Iris x pumila Iris, Dwarf Bearded P M 1 M 1 L 21
Jasminum fruticans Jasmine, Evergreen Yellow P 0 M 4
Juncus balticus Rush, Baltic P H 1 H 6
Juncus compressus Rush, Round fruit P H 1 H 6
Juncus effusus Rush, Corkscrew P H 1 H 6
Juncus torreyi Rush, Torrey P H 1 H 6
Knautia macedonica Knautia, Purple P M 1 L 17
Kniphofia Torch Lily P L 1 L 23
Lathyrus latifolius Sweet Pea, Perennial P L 1 L 16
Lavandula angustifolia Lavender, English P L 2 L 2 L 31
Lavandula dentata Lavender, French P 0 L 16
Lavandula x intermedia Lavender, Hybrid P 0 L 15
Lavatera thuringiaca Shrub Mallow P M 1 M 1 L 22
Leontopodium alpinum Edelweiss P M 1 L 2 L 16
Lespedeza thunbergii Japanese Bush clover P 0 L 6
Leucanthemum x superbum Daisy, Shasta P M 1 M 2 M 32
Lewisia cotelydon Bitterroot P L 1 L 2 L 12
Leymus arenarius 'Glauca'Grass, Blue Lyme P 0 L 8
Liatris punctata Gayfeather, Native P L 2 L 2 L 29
Liatris pycnostachya Gayfeather, Thickspike P 0 L 13
Liatris spicata Gayfeather, Spike P L 3 L 2 L 31
Ligularia dentata 'Othello'Groundsel, Golden P 0 H 15
Ligularia przewalskii Groundsel, Shavalski's P 0 H 8
Ligularia stenocephala 'The Rocket'Ragwort, The Rocket P 0 H 19
Lilium cultivars Lily cultivars P M 1 M 25
Limonium latifolium Sea Lavender, Wide leaved P 0 L 18
Linum flavum Flax, Yellow P L 1 0 L 18
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Coleus spp.Coleus A M 3 M 28
Coreopsis tinctoria Coreopsis, Plains A L 1 L 2 L 22
Cosmos bipinnatus Cosmos A L 1 L 2 L 30
Cuphea spp.Cigar Flower A M 1 M 8
Dahlia pinnata Dahlia A M 2 M 23
Datura sp.Angel's Trumpet A M 1 L 17
Dianthus x chinensis Border Pink A L 2 M 19
Diascia barberae Twinspur A L 1 0 L 16
Dyssodia tenuiloba Daisy, Dahlberg A 0 L 6
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Gazania rigens Treasure Flower A L 1 L 13
Gomphrene globosa Globe Amaranth A L 2 L 17
Helichrysum bracteatum Strawflower A L 1 L 12
Heliotropium arborscens Heliotrope A M 2 M 1 M 16
Impatiens wallerana Impatiens A H 1 M 2 H 26
Ipomea batatas Sweet Potato Vine A L 1 M 18
Lantana spp.Lantana A L 2 L 20
Lathyrus odoratus Sweet Pea, Annual A M 1 M 20
Mirabilis multiflora Four O'Clock, Desert P VL 3 VL 3 VL 32
Miscanthus floridulus Grass, Giant Chinese Silver P 0 M 12
Miscanthus sinensis Grass, Maiden P L 2 M 1 M 29
Molinia caerulea Grass, Purple Moor P L 1 0 M 14
Monarda didyma Bee Balm P L 2 L 2 M 32
Monarda fistulosa menthaefolia Bee Balm, Native Lavender P L 1 L 2 L 28
Moneses uniflora One Flowered Wintergreen P H 2 M 6
Muhlengergia capillaris Grass, Muhly P M 1 L 4
Myosotis alpestris Forget Me Not P M 1 M 1 M 20
Nepeta racemosa Catmint P L 2 0 L 20
Nepeta x faassenii Catmint, Faassen's P L 2 VL 1 L 27
Nolina microcarpa Grass, Bear P M 1 L 14
Oenothera berlandieri 'Siskiyou'Primrose, Siskiyou P VL 1 L 1 L 21
Oenothera brachycarpa Primrose, Leatherleaf P VL 1 M 1 L 13
Oenothera caespitosa Primrose, White Evening P VL 4 L 2 VL 24
Oenothera fruticosa glauca Sundrops P VL 1 M 1 L 13
Oenothera macrocarpa Primrose, Missouri Evening P VL 2 M 1 L 30
Oenothera speciosa 'Rosea'Primrose, New Mexico Evening P VL 1 L 1 L 24
Oenothera strigosa Evening Primrose, Common P VL 1 0 L 12
Opuntia polyacantha Cactus, Prickly Pear P VL 2 0 VL 27
Origanum lavevigatum 'Herrenhausen'Oregano, Purple P 0 L 16
Origanum vulgare Oregano, Common P M 1 0 L 16
Oryzopsis hymenoides Grass, Indian Rice P VL 1 L 1 L 12
Osteospermum barberiae compactum 'Purple
Mountain'Sun Daisy, Purple Mountain P VL 1 0 L 22
Osteospermum 'Lavender Mist'Sun Daisy, Lavender Mist P VL 1 0 L 23
Oxytropis lambertii Loco Weed, Lambert's P L 2 L 11
Paeonia lactiflora Peony P M 1 M 1 M 25
Panicum virgatum Grass, Switch P L 2 M 1 L 28
Papaver alpinum Poppy, Alpine P L 2 L 3 L 24
Papaver miyabeanum Poppy, Japanese Alpine P M 1 M 11
Papaver nudicaule Poppy, Iceland P L 2 M 3 M 28
Papaver orientale Poppy, Oriental P L 2 M 3 L 32
Paxistima canbyi Mountain Lover P L 1 M 2 M 15
Paxistima myrtifolia Mountain Lover P M 1 L 8
Pedicularis groenlandica Elephant's Head P H 2 H 10
Pennisetum alopecuroides Grass, Fountain P L 2 0 L 25
Pennisetum orientale Grass, Oriental Fountain P L 1 0 L 12
Penstemon acuminatus Penstemon, Sand Dune P 0 L 7
Penstemon alpinus Penstemon, Alpine P L 2 L 2 L 19
Penstemon ambiguus Penstemon, Sand P L 2 0 VL 17
Penstemon angustifolius Penstemon, Narrowleaf P 0 VL 11
Penstemon attenuatus Penstemon, Taper leaved P 0 L 6
Penstemon barbatus Penstemon, Scarlet Bugler P VL 3 L 2 L 27
Penstemon caespitosus Penstemon, Mat P L 3 L 2 L 20
Penstemon cardinalis Penstemon, Crimson P VL 1 M 1 L 13
Penstemon clutei Penstemon, Sunset P L 1 0 L 12
Penstemon cyananthus Penstemon, Wasatch P L 1 0 L 13
Penstemon davidsonii Penstemon, Davidson's P 0 L 8
Penstemon deustus Penstemon, Hotrock P VL 1 VL 6
Penstemon digitalis 'HuskerRed'Penstemon, Husker Red P VL 1 M 1 L 31
Penstemon eatonii Penstemon, Firecracker P VL 1 M 1 L 24
Penstemon 'Elfin Pink'Penstemon, Pink P VL 1 L 2 L 22
Penstemon ellipticus Penstemon, Rockvine P 0 VL 3
Penstemon fruticosus Penstemon, Shrubby P 0 L 9
Penstemon glaber Penstemon, Saw sepal P 0 L 8
Penstemon gracilis Penstemon, Slender P 0 L 6
Penstemon grandiflorus Penstemon, Shell Leaf P VL 1 0 L 22
Penstemon hirsutus 'Pygmaeus'Penstemon, Pygmy Purple P L 1 L 2 L 16
Penstemon 'Hyacinth Flowered'Penstemon, Hyacinth Flowered P 0 M 7
Penstemon jamesii Penstemon, James P L 1 0 VL 9
Penstemon linarioides Penstemon, Blue Mat P L 1 VL 15
Penstemon neomexicanus Penstemon, New Mexican Blue P 0 L 7
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Penstemon nitidus Penstemon, Smooth Blue P 0 VL 8
Penstemon palmeri Penstemon, Palmer P VL 3 0 L 20
Penstemon parryi Penstemon, Parry P 0 L 9
Penstemon pinifolius Penstemon, Pineleaf P VL 3 L 2 L 30
Penstemon procerus Penstemon, Small Flowered P L 1 0 L 9
Penstemon pseudospectabilis Penstemon, Desert P L 1 0 L 13
Penstemon rostriflorus Bridge's Penstemon P 0 L 4
Penstemon secundiflorus Penstemon, One sided P 0 L 12
Penstemon strictus Penstemon, Rocky Mountain P VL 3 L 3 L 33
Penstemon teucrioides Penstemon, Grayleaf Creeping P 0 L 7
Penstemon triphyllus Penstemon, Whorled P 0 VL 2
Penstemon utahensis Penstemon, Utah P 0 L 8
Penstemon venustus Penstemon, Blue Mountain P 0 VL 5
Penstemon virens Penstemon, Blue Mist P VL 2 L 2 L 19
Penstemon virgatus asagrayi Penstemon, Tall P 0 VL 7
Penstemon whippleanus Penstemon, Whipple's P L 2 L 17
Penstemon wilcoxii Penstemon, Wilcox P 0 VL 2
Penstemon x mexicali Penstemon, Mexicali Hybrids P VL 2 0 L 25
Persicaria affinis Himalayan Border Jewel P L 1 L 2 L 20
Persicaria virginiana 'Painter's Palette Border Jewel, Painter's Palette P 0 L 9
Petrophytum caespitosum Rock Spirea P 0 L 4
Phalaris arundinacea Grass, Ribbon P M 1 M 1 M 19
Phlomis cashmeriana Sage, Himalayan P M 1 0 M 12
Phlomis russeliana Sage, Jerusalem P L 1 L 10
Phlox borealis Phlox, Artic P M 1 M 5
Phlox divaricata Phlox, Wild Sweet William P 0 M 14
Phlox paniculata Phlox, Garden P M 1 M 1 M 24
Phyllostachys aurea Bamboo, Golden P 0 M 7
Phyllostachys aureosulcata Bamboo, Yellow Groove P 0 M 8
Physostegia virginiana Obedient Plant P L 1 M 22
Platycodon grandiflorus Balloon Flower P M 1 M 1 M 25
Polemonium caeruleum Jacob's Ladder P M 1 M 1 M 17
Polemonium carneum Jacob's Ladder, Salmon P 0 M 6
Polemonium reptans Jacob's Ladder, Creeping P 0 M 7
Polemonium viscosum Sky Pilot P M 1 L 6
Polystichum polyblepharum Fern, Tassle P 0 H 6
Polystichum setiferum Fern, English Hedge P 0 H 7
Potentilla (Drymocallis) fissa Cinquefoil, Leafy P L 1 L 9
Potentilla atrosanguinea Cinquefoil, Red P M 1 L 1 L 17
Potentilla hippiana Cinquefoil, Wooly P L 1 VL 1 L 16
Potentilla nepalensis 'Miss Willmott'Cinquefoil, Miss Wilmott P M 1 L 1 M 22
Potentilla pensylvanica Cinquefoil, Prairie P 0 L 9
Potentilla thurberi Cinquefoil, Silver P 0 L 5
Primula 'Colossea'Primrose, Hardy English P 0 M 11
Primula denticulata Primrose, Drumstick P 0 M 12
Primula elatior Primrose, Oxlip P 0 M 9
Primula parryi Primrose, Rocky Mountain P M 1 H 3 H 12
Primula veris Primrose, Cowslip P 0 M 8
Primula vulgaris Primrose, English P 0 M 12
Prunella grandiflora Self Heal P 0 M 8
Prunella laciniata Lacy Self Heal P L 2 M 1 L 17
Psilostrophe tagetina New Mexico Paper Flower P L 1 L 1 VL 13
Pulmonaria 'Roy Davidson'Bethlehem Sage, Roy Davidson'P 0 M 14
Pulmonaria rubra 'Redstart'Lungwort, Redstart P M 1 0 M 12
Pulmonaria saccharata Bethlehem Sage P 0 M 13
Pulsatilla patens Pasqueflower, Lavender P L 2 L 15
Pulsatilla vulgaris Pasqueflower, European P L 2 L 3 L 23
Ranunculus gramineus Buttercup, European P M 1 M 10
Ranunculus repens Creeping Buttercup P H 1 M 16
Ratibida columnifera Coneflower, Prairie P VL 3 L 2 VL 31
Rheum rhabarbarum Rhubarb P M 1 M 21
Rosularia globulariifolia Rosularia, Roundleaf P 0 L 5
Rudbeckia fulgida Black Eyed Susan P L 2 L 1 L 31
Rudbeckia hirta Black Eyed Susan P L 2 M 2 M 29
Rudbeckia laciniata 'Double Gold'Black Eyed Susan, Double Gold P H 1 M 19
Saccharum ravennae Grass, Plume P 0 M 13
Sagittaria latifolia Arrowhead, Broadleaf P H 1 H 9
Salvia argentea Salvia, Silver P L 2 L 2 L 22
Salvia azurea grandiflora Salvia, Blue P L 2 0 L 17
Salvia greggii Sage, Autumn P L 1 0 L 16
Salvia jurisicii Salvia, Cutleaf P 0 L 13
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Salvia leucantha Sage, Mexican Bush P 0 L 7
Salvia lyrata Sage, Lyre leaf P 0 L 5
Salvia microphylla Salvia, Red Baby P 0 L 8
Salvia nemorosa Salvia, Blue P L 2 M 1 L 22
Salvia officinalis Sage, Garden P L 2 0 L 23
Salvia pitcheri Sage, Pitcher P 0 L 9
Salvia superba Salvia, Hybrid P M 1 L 14
Santolina chamaecyparissus Lavender Cotton P L 2 VL 1 L 27
Santolina rosmarinifolia Lavender Cotton, Green P VL 1 VL 1 L 20
Saponaria ocymoides Rock Soapwort P L 2 M 1 L 23
Saxifraga oppositifolia 'Purple Robe'Saxifrage, Purple Robe P M 1 H 2 M 15
Saxifraga x arendsii Saxifrage, Rose Mound P H 1 M 11
Scabiosa caucasica Pincushion Flower P M 1 L 1 M 21
Scabiosa columbaria Pincushion Flower P L 1 L 17
Scabiosa lucida Pincushion Flower, Dwarf P M 1 L 1 L 17
Scabiosa ochroleuca Pincushion, Yellow P 0 L 12
Schizachyrium scoparium Bluestem, Little P VL 3 L 2 L 27
Schizophragma hydrangeoides Vine, Japanese Hydrangea P 0 M 4
Schoenoplectus lacustris Bulrush, Common P 0 H 6
Schoenoplectus validus Bulrush, Softstem Great P 0 H 6
Scirpus acutus Bulrush, Hardstem P H 1 H 8
Scirpus americanus Bulrush, Three square P H 1 H 8
Scirpus microcarpus Bulrush, Small fruited P H 1 H 8
Scutellaria alpina 'Arcobaleno'Skull Cap, Rainbow P M 1 M 9
Scutellaria resinosa Skull Cap, Prairie P 0 L 8
Sedum 'Autumn Joy'Stonecrop, Autumn Joy P L 1 L 1 L 30
Sedum kamtschaticum Stonecrop, Russian P L 1 VL 1 L 15
Sedum lanceolatum Stonecrop, Native P VL 2 VL 13
Sedum populifolium Stonecrop, Herbacious P 0 L 8
Sedum 'Robustum'Stonecrop, Red leaf Showy P L 1 L 12
Sedum sieboldii 'October Daphne 'Stonecrop, October Daphne P 0 L 8
Sedum spectabile 'Indian Chief'Stonecrop, Russet Showy P L 1 L 1 L 17
Sedum 'Vera Jameson'Stonecrop, Vera Jameson P L 1 M 1 L 19
Senecio longilobus Groundsel, Threadleaf P L 1 L 9
Senecio spartioides Groundsel, Broom P L 1 L 6
Sidalcea malviflora Mallow, Prairie P M 1 M 18
Silene acaulis Moss Campion P M 1 M 9
Silene alpestris Alpine Catchfly P M 1 M 11
Silphium perfoliatum Cup Flower P 0 M 5
Sisyrinchium angustifolium Grass, Blue Eyed P M 1 M 16
Sisyrinchium macrocephalum Grass, Yellow Eyed P 0 M 9
Sisyrinchium montanum Grass, Blue Eyed P M 1 M 11
Solidago decumbens Goldenrod, Dwarf P H 1 L 14
Solidago 'Golden Baby'Goldenrod, Golden Baby P L 1 L 16
Solidago missouriensis Goldenrod, Prairie P M 1 L 10
Sorghastrum nutans Grass, Indian P L 2 0 L 21
Spartina pectinata Grass, Prairie Cordgrass P L 1 H 1 M 14
Sphaeralcea coccinea Prairie Mallow P VL 2 VL 1 VL 20
Sphaeralcea munroana Globe Mallow, Orange P 0 VL 12
Sporobolus wrightii Grass, Giant Sacaton P L 1 0 L 6
Stachys coccinea Nettle, Scarlet Hedge P 0 L 10
Stanleya pinnata Prince's Plume P VL 1 L 2 VL 14
Stipa comata Grass, Needle and Thread P L 2 0 L 12
Stipa gigantea Needlegrass, Giant P 0 L 4
Stipa lettermani Grass, Needle P 0 L 7
Stipa neomexicana Needlegrass, New Mexico P 0 L 8
Stipa tenuissima Grass, Mexican Feather P L 2 L 2 L 20
Stokesia laevis Aster, Stokes'P L 1 M 11
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Thalictrum rochebrunianum Meadowrue, Lavender Mist P M 1 M 11
Thelesperma ambiguus Navajo Tea P VL 1 0 VL 7
Thelesperma filifolium Threadleaf Thelesperma P VL 2 L 12
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Thermopsis divaricarpa Golden Banner P L 2 M 3 M 15
Thermopsis rhombifolia Golden Banner, Arroyo P L 1 L 2 L 9
Thymus argentia Thyme, Silver Posy P VL 1 L 8
Thymus vulgaris Thyme, Garden P VL 1 L 16
Thymus x citriodorus Thyme, Lemon P L 1 L 1 L 21
Tiarella cordifolia Foamflower P M 1 M 12
Tiarella wherryi Foamflower, Wherry's P M 1 M 12
Townsendia exscapa Easter Daisy, White P L 2 L 12
Townsendia grandiflora Easter Daisy, Large flower P L 1 L 8
Townsendia parryi Easter Daisy, Violet Blue P L 1 L 5
Tradescantia andersoniana Spiderwort P M 1 M 1 M 22
Tradescantia occidentalis Spiderwort, Western Blue P VL 1 M 1 L 18
Tricyrtis hirta Toad Lily P 0 M 6
Trollius chinensis Globeflower P M 1 M 1 M 18
Trollius pumilus Globeflower, Dwarf P 0 M 8
Typha angustifolia Cattail, Narrowleaf P H 1 H 11
Typha latifolia Cattail, Common P H 1 H 11
Valeriana officinalis Garden Heliotrope P 0 M 8
Verbascum bombyciferum Mullein, Wooly P VL 1 L 17
Verbascum 'Helen Johnson'Mullein, Peach P 0 L 4
Verbascum undulatum Mullein, Wavy leafed P 0 L 4
Verbena bipinnatifida Verbena, Native P 0 L 19
Verbena canadensis Verbena, Rose P M 1 0 M 13
Verbena hastata Vervain, Blue P 0 M 5
Veronica austriaca Speedwell, Hungarian P L 1 M 1 L 14
Veronica gentianoides Speedwell, Gentian P 0 L 8
Veronica longifolia Speedwell, Long Leaf P 0 L 5
Veronica orientalis Speedwell, Oriental P 0 L 6
Veronica peduncularis 'Georgia Blue'Speedwell, Georgia Blue P L 1 0 L 11
Veronica 'Royal Candles'Speedwell, Royal Candles P 0 L 4
Veronica spicata Speedwell, Spike P L 1 L 1 M 20
Veronica spicata incana Speedwell, Wooly P L 1 L 17
Veronica 'Sunny Border Blue'Speedwell, Sunny Border Blue P L 2 M 1 L 21
Veronicastrum virginicum Bowman's Root P 0 M 11
Viguiera multiflora Showy Goldeneye P 0 L 5
Viola canadensis Violet, Canadian P M 1 M 7
Viola cornuta Pansy, Tufted P M 1 M 1 M 17
Viola corsica Violet, Corsican P M 1 M 1 M 18
Viola odorata Violet, English P M 1 M 14
Zauschneria californica latifolia Hummingbird Flower P VL 1 0 L 20
Zauschneria garrettii 'Orange Carpet'California Fuchsia, Orange P VL 2 0 L 25
Zinnia grandiflora Paper Flower P VL 3 VL 1 VL 27
Artemisia frigida Sage, Fringed P S VL 8 VL 8 VL 50
Hypericum 'Hidcote'St. John's Wort, Hidcote P S L 4 L 2 M 33
Lonicera x heckrotti 'Goldflame'Honeysuckle, Goldflame P S V L 2 L 2 M 28
Bouteloua gracilis Grass, Blue Grama P TU VL 5 VL 4 VL 34
Festuca ovina Fescue, Sheep P TU M 3 M 3 L 24
Festuca rubra commutata Fescue, Chewings P TU H 1 H 1 M 11
Campsis radicans Trumpet Vine P V 0 L 23
Campsis x tagliabuana Trumpet Vine P V 0 L 13
Clematis alpina Clematis, Alpine P V M 1 M 14
Clematis columbiana Clematis, Columbian Virgin's Bower P V M 2 M 9
Clematis cultivars Clematis P V L 2 M 1 M 32
Clematis ligusticifolia Clematis, Western Virgin's Bower P V VL 2 L 3 L 22
Clematis montana rubens Clematis, Pink Anemone P V 0 M 11
Clematis paniculata Clematis, Spring P V M 1 M 1 M 18
Clematis pitcheri Clematis, Purple Leatherflower P V 0 M 9
Clematis tangutica Clematis, Yellow Lantern P V L 1 L 17
Clematis terniflora Clematis, Sweet Autumn P V L 1 M 1 L 18
Clematis virginiana Clematis, Virgin's Bower P V H 1 M 9
Clematis viticella Clematis, Italian P V 0 M 9
Humulus lupulus neomexicanus Hop Vine, Native P V L 1 L 2 L 19
Parthenocissus tricuspidata Ivy, Boston P V M 1 0 M 23
Polygonum aubertii Vine, Silver Lace P V L 2 L 2 L 26
Abeliophyllum distichum Forsythia, White S 0 M 10
Acer glabrum Maple, Rocky Mountain S L 4 L 8 L 41
Acer japonicum 'Aconitifolium'Maple, Cutleaf Fullmoon S L 2 M 1 M 11
Aesculus parviflora Buckeye, Bottlebrush S M 2 H 2 M 18
Alnus rubra Alder, Red S H 2 H 2 H 13
Amelanchier alnifolia Serviceberry, Saskatoon S L 9 L 8 L 49
Amelanchier stolonifera Serviceberry, Running S L 4 L 5 L 23
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Amelanchier utahensis Serviceberry, Utah S L 5 L 5 L 28
Amorpha canescens Leadplant S VL 6 VL 1 VL 38
Amorpha fruticosa False Indigo S L 5 L 4 L 34
Amorpha nana Fragrant False Indigo S VL 3 VL 2 VL 25
Arctostaphylos patula Manzanita, Greenleaf S L 3 VL 1 L 21
Aronia arbutifolia 'Brilliantissima'Chokeberry, Brilliant Red S L 4 L 3 M 31
Aronia melanocarpa Chokeberry, Black S L 5 L 3 L 37
Aronia x prunifolia Chokeberry, Purple S L 2 L 2 L 21
Artemisia abrotanum Sage, Southernwood S VL 3 VL 3 VL 22
Artemisia cana Sagebrush, Silver S VL 5 VL 6 VL 37
Artemisia filifolia Sagebrush, Sand S VL 6 VL 6 VL 37
Artemisia ludoviciana Sagewort, Prairie S VL 5 VL 6 VL 30
Artemisia tridentata Sagebrush, Tall Western S VL 9 VL 9 VL 50
Artemisia tripartita Sagebrush, Three Parted S VL 3 VL 3 VL 24
Atriplex canescens Saltbush, Four Wing S VL 7 VL 4 VL 37
Atriplex confertifolia Saltbush, Spiny S VL 3 VL 2 VL 23
Atriplex corrugata Saltbush, Mat S VL 4 VL 2 VL 20
Atriplex garderni Saltbush, Gardner's S VL 3 VL 2 VL 14
Baccharis glutinosa Seep Willow S H 1 H 1 M 7
Baccharis pilularis Coyote Brush S H 1 H 1 M 7
Berberis koreana Barberry, Korean S L 3 L 2 L 30
Berberis thunbergii Barberry, Japanese S L 4 L 4 L 44
Berberis x gladwynensis 'William Penn'Barberry, William Penn S L 2 M 3 M 19
Berberis x mentorensis Barberry, Mentor S L 3 L 2 L 31
Berberis x 'Tara'Barberry, Emerald Carousel S L 3 L 2 L 23
Buddleja alternifolia Butterfly Bush, Alternate S L 5 L 2 L 37
Buddleja davidii Butterfly Bush S L 4 L 2 M 44
Buddleja x weyeriana Butterfly Bush, Yellow S L 1 L 1 L 14
Buxus microphylla Boxwood, Littleleaf S M 2 M 1 M 26
Buxus sempervirens Boxwood, Common S M 3 M 2 M 28
Callicarpa japonica Beautyberry, Japanese S M 2 M 2 M 15
Calycanthus floridus Carolina Allspice S H 1 H 1 H 6
Caragana arborescens Peashrub, Siberian S VL 8 L 7 L 48
Caragana frutex Peashrub, Russian S VL 4 L 2 L 25
Caragana maximowicziana Peashrub, Maximowics S L 2 L 1 VL 15
Caragana microphylla Peashrub, Littleleaf S VL 3 L 1 VL 16
Caragana pygmaea Peashrub, Pygmy S VL 6 VL 3 L 31
Caryopteris incana Spirea, Blue Mist S L 5 VL 3 L 33
Caryopteris x clandonensis Spirea, Blue Mist S L 6 VL 5 L 51
Ceanothus fendleri Deerbrush S VL 4 L 5 L 22
Ceanothus gloriosus Point Reyes Creeper S L 2 L 2 L 8
Ceanothus velutinus Snowbrush S M 1 M 1 M 10
Cercocarpus breviflorus Mountain Mahogany, Little Flowered S VL 5 VL 4 VL 28
Chaenomeles japonica Quince, Japanese Flowering S L 4 L 3 L 35
Chaenomeles speciosa Quince, Flowering S L 3 L 3 L 29
Chaenomeles x superba Quince, Hybrid Flowering S L 1 L 1 L 17
Chamaebatiaria millefolium Fernbush S VL 4 VL 4 VL 33
Chamaecyparis obtusa Cypress, Hinoki S M 1 M 1 M 15
Chilopsis linearis Desert Willow S VL 3 L 2 L 17
Chitalpa tashkentensis Chitalpa S L 2 L 2 L 12
Chrysothamnus nauseosus Rabbitbrush S VL 9 VL 5 VL 50
Chrysothamnus viscidiflorus Rabbitbrush, Sticky S VL 6 VL 2 VL 32
Clethra alnifolia Summersweet S H 2 H 1 H 11
Colutea arborescens Bladder Pod S L 2 M 1 L 11
Cornus alba Dogwood, Tatarian S M 2 M 2 M 25
Cornus anomum Dogwood, Silky S H 1 H 1 H 9
Cornus canadensis Dogwood, Bunchberry S M 2 M 3 M 16
Cornus pumila Dogwood, Dwarf Red Tipped S H 1 H 1 M 14
Cornus sericea (stolonifera)Dogwood, Redosier S M 3 H 4 M 30
Cornus sericea (stolonifera)Dogwood, Kelsey Dwarf S M 4 M 2 M 34
Corylus avellana 'Contorta'Harry Lauder's Walkingstick S M 3 M 2 M 26
Corylus cornuta Filbert, Beaked S M 2 M 2 M 14
Cotinus coggygria Smoke Tree S L 4 L 2 M 33
Cotoneaster adpressa praecox Cotoneaster, Creeping S M 3 L 2 M 18
Cotoneaster apiculatus Cotoneaster, Cranberry S M 5 L 3 L 41
Cotoneaster congestus Cotoneaster, Pyrenees S L 1 L 1 L 10
Cotoneaster dammeri Cotoneaster, Bearberry S M 3 L 2 M 29
Cotoneaster divaricatus Cotoneaster, Spreading S L 5 L 5 L 37
Cotoneaster glaucophyllus Cotoneaster, Grey S L 1 L 1 L 12
Cotoneaster horizontalis Cotoneaster, Rock S L 2 L 2 M 31
Cotoneaster lacteus /parneyi Cotoneaster, Parney's Red S L 2 L 2 M 14
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Cotoneaster lucidus /acutifolius Cotoneaster, Peking S L 5 L 4 L 42
Cotoneaster multiflorus Cotoneaster, Many Flowered S L 2 L 2 L 22
Cotoneaster nanshan Cotoneaster, Creeping S L 1 L 1 L 11
Cowania mexicana Cliffrose S VL 5 VL 5 VL 38
Cytisus purgans 'Spanish Gold'Broom, Spanish Gold S VL 3 L 3 L 37
Cytisus scoparius Broom, Scotch S L 2 L 3 L 28
Cytisus x praecox Broom, Warminster S L 2 L 1 L 25
Daphne cneorum Daphne, Rose S L 3 M 3 M 21
Daphne x burkwoodi Daphne, Burkwood S L 3 M 3 M 37
Dasylirion wheeleri Sotol Yucca S L 2 M 1 L 13
Deutzia gracilis Deutzia, Slender S M 2 M 2 M 14
Diervilla lonicera Honeysuckle, Bush S L 4 L 2 L 26
Elaeagnus commutata Silverberry S L 2 L 3 L 24
Ephedra torreyana Joint Fir, Torrey S VL 4 VL 4 VL 24
Ephedra viridis Mormon Tea S VL 4 VL 4 VL 30
Euonymus alatus Burning Bush S M 5 M 3 M 41
Euonymus fortuneii Euonymus S M 4 M 3 M 37
Euonymus kiautschovica 'Manhattan'Euonymus, Manhattan S M 4 M 2 M 34
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Coleus spp.Coleus A M 3 M 28
Coreopsis tinctoria Coreopsis, Plains A L 1 L 2 L 22
Cosmos bipinnatus Cosmos A L 1 L 2 L 30
Cuphea spp.Cigar Flower A M 1 M 8
Dahlia pinnata Dahlia A M 2 M 23
Datura sp.Angel's Trumpet A M 1 L 17
Dianthus x chinensis Border Pink A L 2 M 19
Diascia barberae Twinspur A L 1 0 L 16
Dyssodia tenuiloba Daisy, Dahlberg A 0 L 6
Gazania rigens Treasure Flower A L 1 L 13
Gomphrene globosa Globe Amaranth A L 2 L 17
Helichrysum bracteatum Strawflower A L 1 L 12
Heliotropium arborscens Heliotrope A M 2 M 1 M 16
Impatiens wallerana Impatiens A H 1 M 2 H 26
Ipomea batatas Sweet Potato Vine A L 1 M 18
Lantana spp.Lantana A L 2 L 20
Lathyrus odoratus Sweet Pea, Annual A M 1 M 20
Limonium sinuatum Statice A L 1 L 1 L 16
Liriope muscari Lily Turf A M 1 M 10
Lobelia sp.Lobelia A M 3 M 23
Lobularia martitma Sweet Alyssum A 0 M 16
Lunaria annua Money Plant A L 1 L 10
Melinis (Rhynchelytrum) nerviglumis Grass, Ruby A M 1 M 11
Mimulus spp.Monkey Flower, Annual A H 2 H 9
Mirabilis jalapa Four O'Clock, Annual A L 1 VL 1 L 24
Molucella laevis Bells of Ireland A M 1 M 10
Nicotiana spp.Flowering Tobacco A M 2 M 23
Nierembergia hippomanica Cup Flower A M 1 M 9
Ocimum basilicum Basil A M 2 M 23
Lonicera involucrata Honeysuckle, Twinberry S L 4 L 5 M 28
Lonicera korolkowii v. floribunda 'Blue Velvet'Honeysuckle, Blue Velvet Blueleaf S L 3 L 4 L 31
Lonicera syringantha 'Wolfii'Honeysuckle, Tiny Trumpet S L 2 L 3 M 21
Lonicera tartarica 'Arnold's Red'Honeysuckle, Arnold's Red Tartarian S L 4 L 4 L 32
Lonicera x 'Honeyrose'Honeysuckle, Honeyrose S M 3 L 4 M 21
Lonicera x xylosteoides Honeysuckle, European Fly S L 4 L 3 L 26
Magnolia grandiflora Magnolia, Large flowered S M 1 M 1 M 8
Magnolia kobus Magnolia, Kobus S M 2 M 1 M 11
Magnolia virginiana Magnolia, Sweetbay S M 3 M 2 M 12
Magnolia x loebneri Magnolia, Loebner S M 1 M 1 M 13
Mahonia aquifolium Oregon Grape Holly S L 5 L 2 L 41
Mahonia fremonti Fremont Holly Grape S VL 5 L 2 VL 25
Microbiota decussata Cypress, Siberian S L 2 M 3 M 15
Myrica pennsylvanica Bayberry S L 2 L 2 M 11
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Nandina domestica Bamboo, Heavenly S M 1 M 2 M 23
Perovskia atriplicifolia Sage, Russian S VL 6 VL 6 VL 47
Philadelphus coronarius Mockorange, Sweet S L 2 L 3 L 24
Philadelphus lewisii Mockorange, Lewis S L 5 L 3 L 30
Philadelphus microphyllus Mockorange, Littleleaf S VL 5 L 3 L 28
Philadelphus x 'Buckley's Quill'Mockorange, Buckley's Quill S L 3 L 3 M 21
Philadelphus x cymosus 'Bouquet Blanc'Mockorange, Bouquet Blanc S L 2 L 3 M 19
Philadelphus x 'Snowbelle'Mockorange, Snowbelle S L 2 L 3 L 14
Philadelphus x virginalis Mockorange, Virginal S L 4 L 3 M 26
Physocarpus monogynus Ninebark, Native S VL 5 L 7 L 36
Physocarpus opulifolius Ninebark S L 5 L 5 L 33
Pieris japonica Pieris, Japanese S M 2 M 2 M 15
Pieris taiwanensis Pieris, Taiwan S M 2 M 2 M 10
Pinus cembra Pine, Compact Swiss Stone S L 5 L 4 L 24
Pinus mugo Pine, Mugo S L 6 L 6 L 48
Platycladus orientalis 'Aurea Nana'Arborvitae, Dwarf Golden Oriental S M 3 M 2 M 21
Potentilla fruticosa Potentilla, Shrub S L 6 L 8 L 50
Prinsepia sinensis Prinsepia, Cherry S M 1 M 1 M 6
Prunus besseyi Cherry, Western Sand S L 6 L 5 L 47
Prunus fruticosa Cherry, European Dwarf S L 2 L 2 L 15
Prunus glandulosa 'Rosea Plena'Almond, Pink Flowering S L 3 L 2 M 28
Prunus pensylvanica saximontana Cherry, Pin S L 1 L 1 M 13
Prunus tenella Almond, Dwarf Russian S L 4 L 3 L 21
Prunus tomentosa Cherry, Nanking S L 4 L 3 L 36
Prunus triloba Rose Tree of China S L 4 L 2 M 23
Prunus virginiana melanocarpa Chokecherry S L 5 L 7 L 44
Prunus x 'Snow Fountains'Cherry, Weeping White S L 2 L 2 M 14
Purshia tridentata Bitterbrush Antelope S VL 4 VL 6 VL 32
Pyracantha angustifolia Firethorn, Narrowleaf S L 3 L 2 L 24
Pyracantha coccinea Firethorn, Scarlet S L 4 L 2 L 28
Quercus turbinella Oak, Shrub Liveoak S L 2 L 2 VL 17
Rhamnus catharticus Buckthorn, Common S L 3 L 2 L 34
Rhamnus frangula 'Asplenifolius'Buckthorn, Glossy Cutleaf S L 4 L 3 L 26
Rhamnus frangula 'Columnaris'Buckthorn, Tall Hedge S L 5 L 2 L 33
Rhamnus saxitile Buckthorn, Rock S L 2 L 2 L 14
Rhamnus smithii Buckthorn, Smith's Alder S VL 5 L 2 L 23
Rhododendron Rhododendron S M 4 H 2 H 25
Rhus aromatica Sumac, Fragrant S L 5 L 4 L 33
Rhus glabra Sumac, Smooth S L 6 L 4 L 38
Rhus lanceolata Sumac, Flameleaf S L 4 L 3 L 15
Rhus microphylla Sumac, Little Leaf Desert S L 4 L 3 VL 19
Rhus trilobata Sumac, Three Leaf S L 6 VL 7 VL 46
Rhus typhina Sumac, Staghorn S L 6 L 4 L 38
Ribes alpinum Currant, Alpine S L 7 L 6 L 46
Ribes aureum Currant, Yellow Flowering S L 6 L 6 L 38
Ribes cereum Currant, Squaw S L 6 L 7 L 35
Ribes hirtellum 'Pixwell'Gooseberry, Pixwell S L 5 L 6 L 31
Ribes inerme Gooseberry, Whitestem S L 5 L 6 L 21
Ribes leptanthum Currant, Black S L 3 L 4 L 19
Ribes nigrum Currant, Black S L 3 L 3 L 15
Ribes odoratum Currant, Clove S L 5 L 4 L 28
Ribes sanguineum Currant, Red Flowering S L 1 L 1 L 9
Ribes silvestre 'Red Lake'Currant, Red Lake S L 3 L 4 L 26
Ribes uva crispa 'Red Jacket'Gooseberry, Red Jacket S L 3 L 3 L 20
Rosa Rose, Shrub S L 3 L 4 M 28
Rosa foetida 'Bicolor'Rose, Austrian Copper S L 4 L 4 L 31
Rosa foetida 'Persiana'Rose, Persian Yellow S L 4 L 4 L 29
Rosa glauca Rose, Red Leaved S L 4 L 5 L 31
Rosa pomifera Rose, Apple S L 3 L 3 L 15
Rosa rugosa Rose, Rugosa S L 3 L 5 L 31
Rosa woodsii Rose, Native Pink S L 4 L 5 L 34
Rosa xanthina hugonis Rose, Yellow Shrub S L 3 L 3 L 22
Rubus deliciosus Boulder Raspberry S L 4 L 6 L 38
Rubus idaeus Raspberry S L 1 L 2 M 19
Rubus odoratus Raspberry, Purple flowering S L 2 L 2 L 16
Rubus parviflorus Thimbleberry S L 4 L 5 L 24
Salix arenaria Willow, Silver Creeping S M 3 M 3 M 17
Salix bebbiana Willow, Bebb's S M 2 M 3 M 14
Salix caprea Willow, Goat S H 1 H 1 H 12
Salix discolor Willow, Pussy S H 3 M 3 H 27
Salix drummondiana Willow, Drummond S M 2 M 3 M 13
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Salix exigua Willow, Coyote S M 3 H 4 M 26
Salix fragilis Willow, Crack S M 3 H 4 H 17
Salix geyeriana Willow, Geyer's S M 2 M 3 M 13
Salix integra 'Hakuro Nishiki'Willow, Dappled S H 2 H 2 H 15
Salix irrorata Willow, Blue Stem S M 3 M 5 M 28
Salix lutea ligulifolia Willow, Strapleaf Yellow S M 2 M 2 M 13
Salix monticola Willow, Yellow Mountain S M 4 M 5 M 20
Salix purpurea Willow, Basket S M 4 M 3 M 25
Salix repens Willow, Creeping S M 3 M 3 M 19
Salix scouleriana Willow, Scoulers S M 2 M 2 M 11
Sambucus canadensis Elder, American S M 5 M 5 M 36
Sambucus nigra 'Marginata'Elder, Variegated S M 3 M 4 M 23
Sambucus pubens Elder, Native Red Berried S L 4 L 6 M 28
Sambucus racemosa Elder, European Red S M 4 M 4 M 23
Shepherdia canadensis Buffaloberry, Russet S VL 5 L 6 L 30
Shepherdia rotundifolia Buffaloberry, Roundleaf S VL 5 VL 4 VL 24
Sibiraea laevigata Sibiraea S L 3 L 3 L 17
Sorbaria sorbifolia Spirea, Ural False S M 3 M 4 M 29
Sorbus hybrida Mountain Ash, Oak Leaf S L 2 L 2 M 13
Spiraea albiflora Spirea, Japanese White S M 3 M 2 M 20
Spiraea argunta 'Compacta'Spirea, Compact Garland S M 2 M 2 M 13
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Coleus spp.Coleus A M 3 M 28
Coreopsis tinctoria Coreopsis, Plains A L 1 L 2 L 22
Cosmos bipinnatus Cosmos A L 1 L 2 L 30
Cuphea spp.Cigar Flower A M 1 M 8
Dahlia pinnata Dahlia A M 2 M 23
Datura sp.Angel's Trumpet A M 1 L 17
Dianthus x chinensis Border Pink A L 2 M 19
Diascia barberae Twinspur A L 1 0 L 16
Dyssodia tenuiloba Daisy, Dahlberg A 0 L 6
Gazania rigens Treasure Flower A L 1 L 13
Gomphrene globosa Globe Amaranth A L 2 L 17
Helichrysum bracteatum Strawflower A L 1 L 12
Heliotropium arborscens Heliotrope A M 2 M 1 M 16
Impatiens wallerana Impatiens A H 1 M 2 H 26
Ipomea batatas Sweet Potato Vine A L 1 M 18
Lantana spp.Lantana A L 2 L 20
Lathyrus odoratus Sweet Pea, Annual A M 1 M 20
Limonium sinuatum Statice A L 1 L 1 L 16
Liriope muscari Lily Turf A M 1 M 10
Lobelia sp.Lobelia A M 3 M 23
Lobularia martitma Sweet Alyssum A 0 M 16
Lunaria annua Money Plant A L 1 L 10
Melinis (Rhynchelytrum) nerviglumis Grass, Ruby A M 1 M 11
Mimulus spp.Monkey Flower, Annual A H 2 H 9
Mirabilis jalapa Four O'Clock, Annual A L 1 VL 1 L 24
Molucella laevis Bells of Ireland A M 1 M 10
Nicotiana spp.Flowering Tobacco A M 2 M 23
Nierembergia hippomanica Cup Flower A M 1 M 9
Ocimum basilicum Basil A M 2 M 23
Pelargonium hybrids Geranium A M 2 M 24
Pennisetum setaceum Grass, Annual Fountain A L 2 M 23
Petunia x hybrida Petunia A L 1 M 4 M 27
Phacelia campanularia California Bluebell A L 1 L 7
Plectranthus argentatus Silver Dollar Plant A VL 1 L 11
Portulaca grandiflora Moss Rose, Portulaca A VL 1 L 3 L 25
Ricinus communis Castor Bean A 0 M 9
Salvia farinacea Mealycup sage A L 1 M 11
Salvia splendens Scarlet Salvia A L 2 M 13
Sanvitalia procumbens Creeping Zinnia A L 2 L 13
Scaevola aemula Fan Flower A M 2 M 13
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Senecio cineraria Dusty Miller A L 1 L 2 L 25
Sutera cordata Bacopa A M 2 M 11
Tagetes spp.Marigold A L 1 L 3 L 27
Tithonia rotundifolia Sunflower, Mexican A L 1 L 16
Tropaeolum majus Nasturtium A L 2 L 23
Verbena bonariensis Verbena, Tall A VL 1 0 L 17
Verbena x hybrida Verbena, Garden A L 1 L 3 L 20
Viola tricolor Viola, Johnny jump up A M 2 M 24
Viola x wittrockiana Pansy A M 3 M 24
Zinnia elegans Zinnia A L 1 L 2 L 26
Anchusa spp.Bugloss A P L 2 L 1 M 20
Bellis perennis Daisy, English A P M 1 M 11
Campanula medium Canterbury Bells A P M 3 H 2 M 21
Dianthus cultivars Pinks A P L 2 L 3 M 29
Diascia integerrima 'Coral Canyon'Twinspur, Coral Canyon A P L 2 L 2 L 30
Gazania krebsiana Tanager Gazania, Orange Hardy A P L 1 L 20
Rosmarinus officinalis Rosemary A P L 1 L 17
Salvia sclarea Clary Sage A P VL 1 M 1 L 23
Ajuga genevensis 'Pink Beauty'Carpet Bugle, Pink Beauty GC M 3 L 2 M 24
Ajuga pyramidalis 'Metallica Crispa'Carpet Bugle, Pyramid GC M 2 0 M 21
Ajuga reptans Carpet Bugle, Green GC M 2 M 2 M 30
Euonymus kewensis Eyonymus, Kew GC M 1 0 M 14
Thymus praecox 'Pseudolanuginosus'Thyme, Woolly GC L 1 VL 1 L 8
Aegopodium podograria Bishop's Weed GCP M 4 M 3 M 33
Convallaria majalis Lily of the Valley GCP M 1 M 1 M 27
Euonymus fortunei 'Coloratus'Wintercreeper, Purpleleaf GCP L 2 M 1 L 24
Fragaria americana Strawberry, Wild GCP L 2 L 2 L 25
Fragaria cultivars Strawberry GCP M 1 M 1 M 24
Fragaria vesca Strawberry, Runnerless GCP M 1 M 14
Geranium x cantabrigiense Cranesbill, Cambridge GCP M 1 M 1 M 18
Glechoma hederacea Ivy, Ground GCP L 1 M 12
Globularia cordifolia Daisy, Dwarf Globe GCP L 1 L 13
Hypericum calycinum St. John's Wort, Mounding GCP M 1 0 M 14
Hypericum reptans St. John's Wort, Creeping GCP M 1 0 L 15
Iberis gibraltarica Candytuft, Lilac GCP M 1 L 14
Iberis sempervirens Candytuft, Evergreen GCP M 1 M 1 L 28
Lamiastrum galeobdolon Yellow archangel GCP M 1 M 1 M 16
Lamium maculatum Nettle, Spotted GCP M 1 M 1 M 22
Marrubium rotundifolium Horehound, Silvery GCP 0 VL 10
Mazus reptans Mazus GCP 0 M 5
Pachysandra terminalis Spurge, Japanese GCP M 2 M 1 M 18
Phlox douglasii Phlox, Cushion GCP L 1 L 10
Phlox procumbens Phlox, Creeping GCP M 1 M 1 M 7
Phlox stolonifera Phlox, Creeping GCP 0 M 10
Phlox subulata Phlox, Creeping GCP M 2 L 2 L 29
Potentilla neumanniana Cinquefoil, Creeping GCP L 1 L 2 L 16
Juniperus scopulorum Juniper, Rocky Mountain S T VL 9 VL 10 VL 61
Juniperus utahensis Juniper, Utah S T VL 8 VL 6 VL 42
Magnolia stellata Magnolia, Star S T M 6 M 4 M 38
Magnolia x soulangiana Magnolia, Saucer S T M 6 M 4 M 38
Picea abies Spruce, Norway S T L 6 L 6 M 44
Picea glauca 'Conica'Spruce, Dwarf Alberta S T M 7 M 6 M 48
Picea pungens Spruce, Colorado S T L 7 M 11 M 62
Pinus aristata Pine, Bristlecone S T L 8 VL 11 L 60
Pinus densiflora Pine, Tanyosho S T L 6 L 5 L 32
Pinus heldreichii (leucodermis)Pine, Bosnian S T L 6 L 4 L 38
Prunus americana Plum, American S T L 8 L 7 L 56
Prunus virginiana 'Shubert'Chokecherry, Canada Red S T L 8 L 8 L 58
Prunus x cistena Plum, Purple Leaf S T L 8 L 5 M 51
Pseudotsuga menziesii Fir, Douglas S T L 6 L 10 M 51
Quercus gambelii Oak, Gambel S T VL 9 VL 6 VL 57
Robinia neomexicana Locust, New Mexico S T VL 9 VL 5 L 49
Salix alba 'Tristis'Willow, Golden Weeping S T H 6 M 4 H 42
Salix alba vitellina Willow, Russian Golden S T M 5 M 6 H 34
Salix amygdaloides Willow, Peach Leaf S T M 6 M 7 M 39
Salix matsudana 'Umbraculifera'Willow, Globe S T H 6 M 3 H 38
Sapindus drummondii Soapberry, Western S T L 3 L 2 L 13
Shepherdia argentea Buffaloberry S T VL 8 VL 7 VL 50
Sorbus aucuparia Mountain Ash, European S T M 6 L 5 M 46
Sorbus scopulina Mountain Ash, Native S T M 3 M 4 M 31
Syringa pekinensis Lilac, Peking S T L 6 L 5 L 39
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Syringa reticulata Lilac, Japanese Tree S T L 7 L 5 L 46
Viburnum lantana Wayfaringtree S T L 7 L 4 L 45
Celastrus scandens American Bittersweet S V L 3 L 2 L 25
Lonicera japonica Honeysuckle, Japanese S V M 3 L 3 L 29
Vitis cultivars Grape cultivars S V M 4 M 1 M 27
Vitis riparia Grape, Frost S V M 3 M 1 M 15
Abies balsamea 'Nana'Fir, Dwarf Globe Balsam T M 3 M 2 M 22
Abies concolor Fir, White T M 10 M 12 M 65
Abies fraseri Fir, Fraser T M 4 M 4 M 24
Abies koreana 'Horstmann's Silberlocke'Fir, Silver Korean T M 3 M 3 M 13
Abies lasiocarpa Fir, Subalpine T M 7 M 9 M 35
Acer campestre Maple, Hedge T L 7 M 5 M 36
Acer griseum Maple, Paperbark T M 4 M 3 M 26
Acer miyabei Maple, Miyabi T M 3 L 2 M 16
Acer negundo Box Elder T M 9 L 4 L 47
Acer nigrum 'Greencolumn'Maple, Greencolumn Black T M 2 M 1 M 12
Acer palmatum Maple, Japanese T H 3 H 2 H 30
Acer platanoides Maple, Norway T M 5 M 3 M 44
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Coleus spp.Coleus A M 3 M 28
Coreopsis tinctoria Coreopsis, Plains A L 1 L 2 L 22
Cosmos bipinnatus Cosmos A L 1 L 2 L 30
Cuphea spp.Cigar Flower A M 1 M 8
Dahlia pinnata Dahlia A M 2 M 23
Datura sp.Angel's Trumpet A M 1 L 17
Dianthus x chinensis Border Pink A L 2 M 19
Diascia barberae Twinspur A L 1 0 L 16
Dyssodia tenuiloba Daisy, Dahlberg A 0 L 6
Gazania rigens Treasure Flower A L 1 L 13
Gomphrene globosa Globe Amaranth A L 2 L 17
Helichrysum bracteatum Strawflower A L 1 L 12
Heliotropium arborscens Heliotrope A M 2 M 1 M 16
Impatiens wallerana Impatiens A H 1 M 2 H 26
Ipomea batatas Sweet Potato Vine A L 1 M 18
Lantana spp.Lantana A L 2 L 20
Lathyrus odoratus Sweet Pea, Annual A M 1 M 20
Limonium sinuatum Statice A L 1 L 1 L 16
Liriope muscari Lily Turf A M 1 M 10
Lobelia sp.Lobelia A M 3 M 23
Lobularia martitma Sweet Alyssum A 0 M 16
Lunaria annua Money Plant A L 1 L 10
Melinis (Rhynchelytrum) nerviglumis Grass, Ruby A M 1 M 11
Mimulus spp.Monkey Flower, Annual A H 2 H 9
Mirabilis jalapa Four O'Clock, Annual A L 1 VL 1 L 24
Molucella laevis Bells of Ireland A M 1 M 10
Nicotiana spp.Flowering Tobacco A M 2 M 23
Nierembergia hippomanica Cup Flower A M 1 M 9
Ocimum basilicum Basil A M 2 M 23
Pelargonium hybrids Geranium A M 2 M 24
Pennisetum setaceum Grass, Annual Fountain A L 2 M 23
Petunia x hybrida Petunia A L 1 M 4 M 27
Phacelia campanularia California Bluebell A L 1 L 7
Plectranthus argentatus Silver Dollar Plant A VL 1 L 11
Portulaca grandiflora Moss Rose, Portulaca A VL 1 L 3 L 25
Ricinus communis Castor Bean A 0 M 9
Salvia farinacea Mealycup sage A L 1 M 11
Salvia splendens Scarlet Salvia A L 2 M 13
Sanvitalia procumbens Creeping Zinnia A L 2 L 13
Scaevola aemula Fan Flower A M 2 M 13
Senecio cineraria Dusty Miller A L 1 L 2 L 25
Sutera cordata Bacopa A M 2 M 11
Tagetes spp.Marigold A L 1 L 3 L 27
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Tithonia rotundifolia Sunflower, Mexican A L 1 L 16
Tropaeolum majus Nasturtium A L 2 L 23
Verbena bonariensis Verbena, Tall A VL 1 0 L 17
Verbena x hybrida Verbena, Garden A L 1 L 3 L 20
Viola tricolor Viola, Johnny jump up A M 2 M 24
Liquidambar styraciflua Sweetgum, American T M 3 L 2 M 19
Liriodendron tulipifera Tulip Tree T M 2 L 2 M 25
Maackia amurensis Amur Maackia T M 3 L 4 M 27
Malus crabapple Crabapple T M 5 L 4 M 50
Malus sylvestris Apple, Orchard T L 3 L 2 M 32
Malus x zumi 'Calocarpa'Crab, Zumi T L 2 L 2 M 14
Metasequoia glyptostroboides Redwood, Dawn T M 4 M 3 M 21
Morus alba Mulberry T M 3 M 3 M 31
Nyssa sylvatica Sourgum T H 2 M 2 M 15
Ostrya virginiana American Hophornbeam T M 3 M 3 M 22
Parrotia persica Persian Parrotia T M 2 L 2 M 11
Picea engelmannii Spruce, Engelmann T L 6 M 9 M 46
Picea glauca 'Densata'Spruce, Black Hills T M 5 M 7 M 41
Picea omorika Spruce, Serbian T M 3 M 4 M 24
Picea orientalis Spruce, Oriental T M 2 M 2 M 13
Pinus bungeana Pine, Lacebark T M 4 L 4 L 23
Pinus contorta latifolia Pine, Lodgepole T L 7 L 11 L 44
Pinus edulis Pine, Pinon T VL 8 VL 8 VL 57
Pinus flexilis Pine, Limber T L 6 L 10 L 52
Pinus nigra Pine, Austrian T L 7 L 6 L 53
Pinus parviflora Pine, Lacebark T L 3 L 3 L 15
Pinus ponderosa Pine, Ponderosa T L 8 L 10 L 59
Pinus resinosa Pine, Red T L 2 L 2 M 15
Pinus strobiformis Pine, Border T L 4 L 4 L 28
Pinus strobus Pine, Eastern White T L 5 M 4 M 41
Pinus sylvestris Pine, Scotch T L 7 L 7 L 48
Pinus thunbergii Pine, Japanese Black T L 4 L 4 L 18
Pinus virginiana 'Wates Golden'Pine, Wates Golden Virginia Scrub T M 2 M 2 M 9
Platanus occidentalis Sycamore T M 4 M 3 M 29
Platanus x acerifolia Planetree, London T M 6 M 3 M 25
Populus alba Poplar, Silver T M 6 L 4 M 37
Populus angustifolia Cottonwood, Narrowleaf T M 7 M 8 M 57
Populus balsamifera Poplar, Balsam T H 3 H 3 H 20
Populus deltoides 'Siouxland'Cottonwood, Soiuxland T M 8 M 4 M 50
Populus fremontii Cottonwood, Fremont T M 6 M 4 M 36
Populus nigra Poplar, Lombardy Black T H 6 H 2 H 24
Populus sargentii Cottonwood, Plains T M 7 M 4 M 51
Populus tremuloides Aspen T M 8 M 11 M 64
Populus x acuminata Cottonwood, Lanceleaf T M 8 M 6 M 49
Populus x canescens Cottonwood, Gray T M 5 M 4 M 25
Prunus armeniaca Apricot T L 7 L 4 M 39
Prunus avium Cherry, Sweet T L 6 L 3 M 34
Prunus cerasifera Plum, Cherry T L 6 L 4 M 40
Prunus cerasus Cherry, Sour T L 4 L 2 M 29
Prunus maackii Chokecherry, Amur T L 4 L 4 M 38
Prunus maritima Plum, Beach T L 1 L 1 M 8
Prunus nigra 'Princess Kay'Plum, Princess Kay Canadian T L 4 L 3 M 35
Prunus padus Mayday Tree T L 5 L 5 M 38
Prunus pesica Peach T M 4 L 2 M 29
Prunus sargentii Cherry, Sargent T L 3 L 3 M 20
Prunus serrulata 'Kwanzan'Cherry, Kwanzan Japanese Flowering T M 3 M 3 M 21
Prunus subhirtella 'Pendula'Cherry, Weeping Spring T M 3 L 2 M 18
Prunus x americana 'Toka'Plum, Toka T M 3 L 4 M 23
Prunus x domestica 'Stanley'Plum, Stanley Prune T L 2 L 2 M 23
Ptelea trifoliata Ash, Wafer T L 5 L 4 L 36
Pyrus calleryana Pear, Ornamental T L 3 L 3 M 38
Pyrus communis Pear, Orchard T L 4 L 4 M 26
Pyrus fauriei Pear, Korean Wild Pear T L 4 L 4 L 19
Pyrus ussuriensis Pear, Ussurian T L 6 L 5 L 35
Quercus acutissima Oak, Sawtooth T M 3 L 2 M 17
Quercus alba Oak, White T L 5 L 2 M 32
Brassica oleracea Ornamental Cabbage or Kale A M 3 M 17
Browallia speciosa Bush Violet A H 1 M 12
Calendula officinalis Calendula A M 1 L 2 M 22
Canna x generalis Canna A H 1 H 1 H 21
Carex comans Sedge, New Zealand Hair A 0 M 4
ATTACHMENT B
Botanic Name Common Name Plant
Type
West
Slope
West Slope
Votes MTN MTN Votes All Regions Total Votes
Estimated Water Usage for Plant: VL=Very Low < 25%; ET0 L=Low 25% 50%; ET0 M=Medium 50% 75%; ET0 H=High >75% ET0
Plant Type: A=Annual ; P=Perennial; T=Tree; V=Vine; GC=Ground Cover; S=Shrub; TU=Turf
Catharanthus roseus Periwinkle, Madagascar A L 1 L 2 L 17
Celosia argentea plumosa Cockscomb A M 1 L 2 M 22
Centaurea cyanus Bachelor Button A L 3 L 3 L 31
Cleome hassleriana Spiderflower A M 1 H 2 M 18
Cleome serrulata Rocky Mountain Beeplant A L 1 L 3 L 14
Coleus spp.Coleus A M 3 M 28
Coreopsis tinctoria Coreopsis, Plains A L 1 L 2 L 22
Cosmos bipinnatus Cosmos A L 1 L 2 L 30
Cuphea spp.Cigar Flower A M 1 M 8
Dahlia pinnata Dahlia A M 2 M 23
Datura sp.Angel's Trumpet A M 1 L 17
Dianthus x chinensis Border Pink A L 2 M 19
Diascia barberae Twinspur A L 1 0 L 16
Dyssodia tenuiloba Daisy, Dahlberg A 0 L 6
Gazania rigens Treasure Flower A L 1 L 13
Gomphrene globosa Globe Amaranth A L 2 L 17
Helichrysum bracteatum Strawflower A L 1 L 12
Heliotropium arborscens Heliotrope A M 2 M 1 M 16
Impatiens wallerana Impatiens A H 1 M 2 H 26
Ipomea batatas Sweet Potato Vine A L 1 M 18
Lantana spp.Lantana A L 2 L 20
Lathyrus odoratus Sweet Pea, Annual A M 1 M 20
Limonium sinuatum Statice A L 1 L 1 L 16
Liriope muscari Lily Turf A M 1 M 10
Lobelia sp.Lobelia A M 3 M 23
Lobularia martitma Sweet Alyssum A 0 M 16
Lunaria annua Money Plant A L 1 L 10
Melinis (Rhynchelytrum) nerviglumis Grass, Ruby A M 1 M 11
Mimulus spp.Monkey Flower, Annual A H 2 H 9
Mirabilis jalapa Four O'Clock, Annual A L 1 VL 1 L 24
Molucella laevis Bells of Ireland A M 1 M 10
Nicotiana spp.Flowering Tobacco A M 2 M 23
Nierembergia hippomanica Cup Flower A M 1 M 9
Ocimum basilicum Basil A M 2 M 23
Pelargonium hybrids Geranium A M 2 M 24
Agropyron cristatum Crested Wheatgrass TU L 3 L 2 L 25
Agrostis palustris Bentgrass TU H 1 H 11
Bromus inermis Smooth Brome TU VL 1 M 3 L 14
Buchloe dactyloides Buffalograss TU VL 4 VL 2 VL 34
Festuca arundinacea Tall Fescue TU M 3 M 3 M 23
Festuca ovina duriuscula Hard Fescue TU H 1 H 1 M 10
Festuca rubra Fescue, Red TU M 2 H 1 M 15
Lolium perenne Perennial Ryegrass TU M 2 H 1 M 15
Poa praetensis Bluegrass TU H 2 M 2 H 29
Actinidia kolomikta Kiwi, Variegated V 0 M 10
Akebia quinata Chocolate Vine V 0 M 7
Ampelopsis brevipendunculata Porcelain Berry Vine V M 1 0 M 17
Aristolochia durior Dutchman's Pipe V 0 M 13
Hedera helix Ivy, English V L 2 M 1 M 28
Hydrangea anomala petiolaris Hydrangea, Climbing V 0 M 11
Lonicera periclymenum Woodbine, Yellow Flowering V 0 M 7
Lonicera sempervirens 'Magnifica'Honeysuckle, Scarlet Trumpet V L 1 L 1 M 20
Lonicera x brownii 'Dropmore Scarlet'Honeysuckle, Dropmore Scarlet Brown's V L 1 L 1 M 17
Parthenocissus quinquefolia Virginia Creeper V L 3 L 2 L 31
Wisteria floribunda Japanese Wisteria V 0 L 2
Wisteria sinensis Wisteria, Chinese V 0 M 16
ATTACHMENT B
970-748-4413 matt@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Matt Pielsticker, Planning Director
RE: Frontgate Deed Restriction Agreement
DATE: September 16, 2022
SUMMARY: As part of the Development Agreement approval for the Frontgate project at 38460 Highway 6,
BGV Avon LLC (“Owner”) is required to construct two (2) Community Housing units on site. Specifically, the
Development Agreement contains the following language:
7.1 Community Housing Units. Owner agrees to construct, as part of Phase 1 of the
Development, two (2) three-bedroom units, consisting of not less than 1,375 square feet
for each unit (the “Community Housing Units”). The use of the Community Housing
Units shall be restricted to Community Housing (as that term is defined in the Municipal
Code) in accordance with such deed restrictions as approved by the Town Council, in
Town Council’s sole discretion. The form a deed restriction shall be finalized and
approved by Avon Town Council prior to the date of a certificate of occupancy or
temporary certificate of occupancy, whichever is earlier, for Phase 1 of the
Development.
The attached deed restriction agreement (“Attachment A”) represents is before Town Council for approval
to form. The units are currently under construction and the property owner wishes to have the form of the
deed restriction available as an exhibit to forthcoming pre-sales. The form and agreement have been
reviewed and approved by the Town Attorney.
RECOMMENDATION: I recommend approval of the agreement as it is presented. The form is based upon
the agreement for One Riverfront, which was also approved by the Town Council.
OPTIONS: Council can approve the document as drafted, or approve with modifications. If desired, action
can be to continue to a future meeting. As stipulated by Development Agreement, the agreement is a
condition precedent to receiving any certificate of occupancy, which is expected in early 2024. The units will
be going to market shortly, and therefore approval of the agreement is necessary as soon as possible to
properly disclose these restrictions in full form to potential buyers.
PROPOSED MOTION: “I move to approve the Deed Restriction Agreement for two (2) units in the Frontgate
project, as presented.”
Thank you, Matt
ATTACHMENT A: Town of Avon – Resident Occupied Community Housing Deed Restriction
Page 1 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
TOWN OF AVON - RESIDENT OCCUPIED
COMMUNITY HOUSING DEED RESTRICTION
NON-PRICE CAPPED
THIS DEED RESTRICTION (“Deed Restriction”) is made and executed on
________________________________, 2022 by BGV Avon, LLC, a Colorado Limited Liability
Corporation (“Declarant”), for the benefit of the Town of Avon, a Colorado home rule
municipality (“Town”).
WHEREAS, as a condition of the Town approving a Major Development Plan and
Development Agreement for 38460 Highway 6, Town of Avon, County of Eagle, State of
Colorado, the Town Council of the Town of Avon required that the “Property”, as defined below
in Section 1, include not less than two (2), 3-bdrm units consisting of not less than 1,375 square
feet each, subject to and encumbered by a Resident Occupied Community Housing Deed
Restriction which limits the occupancy and use of the Property to full-time residents who meet the
definition of Eagle County Employee and limits ownership of the Property to Eagle County
Employees and Eagle County Employers, in accordance with the terms set forth in this Deed
Restriction; and,
WHEREAS, Declarant and Town desire to enter into this Deed Restriction.
NOW, THEREFORE, for value received and in consideration of mutual promises and to
satisfy the condition Town approval to execute a Deed Restriction, Declarant does hereby declare
and impose the following covenants on the Property described below, which covenants shall
burden and run with the Property in perpetuity for the benefit of the Town until modified or
released by the Town.
COVENANTS
1. Property. The following real property is hereby burdened with the covenants and restrictions
specified in this Deed Restriction: Condominium Unit ______ and Unit ______, according to the
Condominium Map recorded ____________, 20__, at Reception No. ______________, and as
defined and described in the Condominium Declaration for _______________________, recorded
_______________, 20__, at Reception No. ________________ in the Office of the Clerk and
Recorder of Eagle County, Colorado (“Property”). The Town shall record this Deed Restriction
against the Property at Declarant’s expense.
2. Definitions. The following definitions shall apply to terms used in the Deed Restriction:
a. Eagle County Employee means an employee working in Eagle County who works an
average of at least thirty-two (32) hours per week for at least eight (8) months in each
calendar year or earns seventy-five percent (75%) of his or her income and earnings by
working in Eagle County; or a retired individual, sixty (60) years or older, who has
worked a minimum of five (5) years in Eagle County for an average of at least thirty-two
(32) hours per week for at least eight (8) months in each calendar year; or a person who
derives income from self-employment whose business is situated in Eagle County; or a
ATTACHMENT A
Page 2 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
person who works for an employer outside Eagle County if that person can demonstrate
that such residence is the primary residence for that person.
b. Owner means the Owner of the Property and may include either a Qualified Owner or Non-
Qualified Owner, as the context requires.
i. Qualified Owner means (1) a natural person who is an Eagle County Employee; or
(2) an owner of a business, business entity or organization (including for profit,
non-profit, public and governmental entities) with operations located within the
boundaries of Eagle County who intends to rent or provide rent-free the Property
to an employee (or employees) who is an Eagle County Employee, and in each case
who possesses an ownership interest in the Property in compliance with the terms
and provisions of this Deed Restriction and whose qualifications to own the
Property have been certified by the Town at the time the Owner takes title to the
Property.
ii. Non-Qualified Owner means any person who does not meet the definition of
Qualified Owner including persons who originally qualified as a Qualified Owner
but whose circumstances change and who no longer meet the definition of Qualified
Owner.
c. 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 applicant is continuously occupying and using the residence as a
primary residence. Primary residence status may be maintained if unforeseen
circumstances arise that requires the resident Eagle County Employee to temporarily
leave the residence for a period not to exceed nine (9) months with the intent to return,
and the residence is leased to another Eagle County Employee(s) after receiving written
approval from the Town Manager.
d. Second Home shall mean the status of the Property when used by any person who has a
primary residence that is other than the Property.
e. Short Term Rental shall mean the rental or lease of the Property for a period of time that
is fewer than thirty (30) days.
f. Town shall include employees of the Town of Avon or subcontractors retained by the Town
who are tasked with enforcing Deed Restriction agreements.
3. Ownership and Use of the Property.
ATTACHMENT A
Page 3 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
a. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may
take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner
is a natural person who is an Eagle County Employee] and/or with a co-signor if the co-
signor is signing for the sole purpose of facilitating the financing qualifications of the
Qualified Owner and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes).
b. Occupancy and Use. Occupancy and use of the Property shall be limited to one or more
Eagle County Employees for occupancy and use as a Primary Residence. Permitted
occupancy and use shall include immediate family members of such Eagle County
Employee or Employees and temporary invitees who do not provide compensation for
temporary residence at the Property. Any lease of the Property by the Owner shall be to
an Eagle County Employee or Employees for use as a Primary Residence for periods of
thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short
Term Rental is prohibited. Any use or lease of the Property which is not allowed or is
prohibited by this Deed Restriction shall constitute a default and shall be subject to the
enforcement provisions and remedies contained in this Deed Restriction.
c. It shall not be deemed a violation of Sections 3.a or b. above if
i. The resident Eagle County Employee becomes disabled and is no longer able to work
as determined by the Town in its sole exclusive discretion; or
ii. The resident Eagle County Employee has lost full-time employment and is actively
seeking reemployment, not to exceed ninety (90) days after loss of employment; or
iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell
or lease the Property to an Eagle County Employee, provided that the period of
vacancy of the Property shall not exceed twelve (12) months.
d. Owner covenants that the Owner shall not permit any occupancy, use or lease of the
Property in violation of this Section 3.
e. Owner covenants that any lease of the Property shall include a reference that such lease
is subject to the terms and conditions of this Deed Restriction, including but not limited
to restrictions on the use and occupancy of the Property and cooperation on providing
required documentation for verification of Eagle County Employee and Primary
Residence status.
f. The Owner of the Property shall submit to the Town an annual certification setting forth
evidence establishing that the Property’s occupancy and use complies with this Deed
Restriction on a form provided by the Town. The Town shall provide a written request
with at least thirty (30) days’ notice for verification of occupancy, which notice shall be
sent to the address of record of the Owner according to the Eagle County Assessor’s
Office.
ATTACHMENT A
Page 4 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
4. Re-Sale Controls. The Property may not be sold or otherwise transferred to any person
other than a Qualified Owner in accordance with the procedures for prior verification contained in
this Section 4.
a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice
shall include the name(s) of the buyer(s) and all information required to determine whether
the buyer(s) meets the definition of Qualified Owner.
b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND
FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a
determination as to whether a prospective Buyer(s) meets the definition of a Qualified
Owner. The administrative fee may be increased by the Town Council over time by an
amount equal to annual increases in the Consumer Price Index for All Urban Consumers
for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States
Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the
United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated
with processing the application.
c. Once the Town has received complete information concerning the prospective Buyers(s)
and has received the administrative fee, the Town shall review the information and make a
written determination as to whether the buyer(s) meets the definition of a Qualified Owner
within a reasonable time and not to exceed thirty (30) days.
d. The Town may require the Buyer to reimburse the Town for any additional costs that are
incurred in the review and determination of whether a buyer(s) meets the definition of a
Qualified Owner, including but not limited to legal costs, title review costs, and
investigation costs if reasonably required by the Town to complete its investigation.
e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing
by the Town to be a Qualified Owner.
5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use
of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing
the Owner and occupants with at least 24 hours written notice. Notice to the occupants may be
given by posting notice on the door to the Property. This Deed Restriction shall constitute
permission to enter the Property during such times upon such notice. A default by Owner shall
include breach of the covenants set forth in this Deed Restriction, including without limitation any
of the following:
a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner.
b. Acceptance of the Property by a person or entity that is not a Qualified Owner.
c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to
obtaining certification from the Town that such person is a Qualified Owner.
ATTACHMENT A
Page 5 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
d. Any ownership, use or occupancy of the Property in violation of Section 3 above,
including, without limitation, any lease of the Property to a person or entity that is not an
Eagle County Employee.
e. Failure to submit an annual certification of occupancy and use as described in Section 3.f
above.
f. Failure to make payments and comply with the terms of any deed of trust placed on the
Property.
g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with
an indebtedness or obligation that exceeds eighty-five (85%) of the loan to value ratio of
the Property at the time of executing such deed of trust, lien or other encumbrance.
h. Any action by the Owner to encumber the Property in a manner that conflicts with the
terms of this Deed Restriction or renders compliance with the terms of this Deed
Restriction impossible or impractical.
i. Permitting the use of the Property as a Short Term Rental or Second Home.
6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town
shall send a written notice of default to the Owner detailing the nature of the default and providing
sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any
other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental
or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner
may request an appeal of the violation finding in writing within ten (10) days of such notice, in
which event the Town shall administratively review the finding and, if the violation finding is
upheld, the Owner may request in writing within ten (10) days of such administrative decision a
hearing before the Town Council of the Town. A decision of the Town Council of the Town may
only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106.
If no administrative or Town Council appeal is timely requested in writing and the violation is not
cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be
in violation of this Deed Restriction. If an administrative or Town Council appeal is requested,
the decision of the Town Council of the Town (or administrative decision if such decision is not
timely appealed to the Town Council) shall be final for the purpose of determining if a violation
has occurred and, if such violation is not cured within sixty-five (65) days of such final
determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision
of the Town Council of the Town is judicially appealed, an order of the Court confirming the
violation shall be final for the purpose of determining if a violation has occurred and, if such
violation is not cured within sixty-five (65) days of such final determination, the Owner shall be
deemed to be violation of this Deed Restriction.
In the event of any lease to a person who is not an Eagle County Employee or use of the Property
as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value
by the Owner or assigns under such leases shall be paid to the Town as a material requirement of
curing the notice of default.
ATTACHMENT A
Page 6 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
7. Remedies. In the event of violation, non-performance, default or breach of any term of this
Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein
by an action for any equitable remedy, including injunction or specific performance, as well as
pursue an action to recover damages. In addition, any amount due and owing to the Town shall
bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per
annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs
related to enforcement of this Deed Restriction, including but not limited attorney’s fees, court
filing costs and county recording costs. In addition to any other remedy provided by law or equity,
the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien
in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-
20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due
to the Town. In the event of a transfer or conveyance of the Property which violates the terms of
this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and
grantee shall be jointly and severally liable for any damages and costs due under this Deed
Restriction.
8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of
this Deed Restriction by the Owner, the determination of actual monetary damages would be
difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall
be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for
each day that the Owner is in violation of this Deed Restriction after having failed to timely cure
the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s
ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to
the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event
of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected
or receipt of other things of value by the Owner or assigns under such leases shall be paid to the
Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated
damages), including such amounts collected or received by Owner prior to receipt of a Notice of
Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in
addition to the right of the Town to recover costs and seek equitable remedies.
9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu.
a. An Owner shall notify the Town, in writing, of any notification received from a lender of
past due payments or defaults in payments or other obligations within five (5) days of
receipt of such notification.
b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure
under the first deed of trust or any other subordinate security interest in the Property, or
when any payment on any indebtedness encumbering the Property is required to avoid
foreclosure of the first deed of trust or other subordinate security interest in the Property.
c. Within sixty (60) days after receipt of any notice described herein, the Town may (but
shall not be obligated to) proceed to make any payment required to avoid foreclosure.
Upon making any such payment, the Town shall place a lien on the Property in the
amount paid to cure the default and avoid foreclosure, including all fees and costs
resulting from such foreclosure.
ATTACHMENT A
Page 7 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f
below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or
assignment, this Deed Restriction shall remain in full force and effect, including without
limitation Section 4 hereof, restricting Transfer of the Property.
e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the
acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering
to the holder, in cash or certified funds, an amount equal to the bid price or the redemption
price paid by the holder, interest in the amount of eight (8) percent per annum from the
date of the issuance of the public trustee’s deed or the recording of a deed in lieu of
foreclosure through the date of the Town’s purchase.
f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a
mortgage or deed of trust insured by the U.S. Department of Housing and Urban
Development (“HUD”) and representing a purchase money first priority mortgage or deed
of trust, this Deed Restriction shall automatically and permanently terminate upon
foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of
foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or
deed of trust to HUD.
10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt
of a notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien
or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have
the option to purchase (“Option to Purchase”) the Property in accordance with the procedures
and terms set forth as follows:
a. The Town shall have an Option to Purchase for sixty-five (65) days (“Option Period”).
b. The Town shall have right of entry onto and into the Property during the Option Period to
inspect the Property.
c. The Town shall have the right to purchase the Property for the amount due to the holders
of any deeds of trust, liens or other encumbrances up to the maximum amount defined in
Section 5.g. above (together with interest, fees and costs expressly chargeable under deed
of trust, lien or other encumbrance instrument), which amounts shall be paid in order of
priority of the holders of such deeds of trusts, liens or other encumbrances provided that
this Deed Restriction shall remain in effect and burden the Property after acquisition by the
Town and upon re-conveyance to a subsequent Qualified Owner.
d. The Town shall have the right to assign the Town’s right to purchase the Property to any
Qualified Owner provided that this Deed Restriction shall remain in effect and burden the
Property.
e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special
warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include
the words, “and warrant title against all persons claiming under me.”
ATTACHMENT A
Page 8 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
f. Normal and customary closing costs shall be shared equally between the Owner and Town
or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all
title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated
based upon taxes for the calendar year immediately preceding closing.
g. If the Town or assigns do not exercise the Option to Purchase during the Option Period,
then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction
as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that
Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure
or notice of default submitted by the holder of a deed of trust to the Town, then the Town
may unilaterally extend the Option Period until such time as Town, or assigns, exercise the
Option to Purchase or the Owner cures any and all defaults.
11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect,
shall run with and burden the land, and shall constitute a condition of the subdivision and land use
approval which shall survive and sale of the Property through a tax lien sale process.
12. General Provisions.
a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Deed Restriction shall continue and remain in full force and effect.
b. Counting Days. If the final day of any notice, default or other event falls on a Saturday,
Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon
Town Hall is closed for any reason, then the final day shall be deemed to be the next day
which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed.
c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall
be effective unless provided in writing. No waiver of any term or provision of this Deed
Restriction in any instance shall constitute a waiver of such provision in any other instance.
The Town Council may provide a waiver along with any conditions of the waiver with
regard to any of the terms and provisions in this Deed Restriction where unusual or
unforeseen circumstances exist and the Owner is diligently seeking to cure a default and
such waiver, with conditions if any, supports the purpose and intention of this Deed
Restriction.
d. Amendment. This Deed Restriction may only be amended in writing by the mutual
agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office
of Eagle County, Colorado.
e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle
County, Colorado and the original executed and record documents must be returned to the
Town.
f. Assignment. The Town may assign this Deed Restriction and all rights and obligations,
without consent of the Owner, to any other public entity, non-profit corporation or other
ATTACHMENT A
Page 9 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
entity which is organized and exists for the purpose to provide and promote affordable
housing for full time residents.
g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to
or shall create a contractual relationship with, cause of action in favor of, or claim for relief
for, any third party.
h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with
the laws of the State of Colorado. Venue for any legal action arising from this Deed
Restriction shall be in Eagle County, Colorado.
i. Successors. Except as otherwise provided herein, the provisions and covenanted contained
herein shall inure to and be binding upon the heirs, successors and assigns of the parties.
The covenants shall be a burden upon and run with the Property for the benefit of the Town
or the Town’s assigns, who may enforce the covenants and compel compliance therewith
through the initiation of judicial proceedings for, but not limited to, specific performance,
injunctive relief, reversion, eviction and damages.
j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted
solely for convenience of reference and are not intended to and shall not govern, limit or
aid in the construction of any terms or provisions contained herein.
k. Gender and Number. Whenever the context so requires in this Deed Restriction, the
neuter gender shall include any or all genders and vice versa and the use of the singular
shall include the plural and vice versa.
l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be
given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by
certified mail with return receipt requested; sending by overnight delivery with a nationally
recognized courier service that delivers to the physical address of the Property; or, by hand-
delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O.
Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the
address provided by the Eagle County Assessor’s office.
[signature page follows]
ATTACHMENT A
Page 10 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day
and the year first written above.
OWNER:
BGV Avon LLC,
a Colorado limited liability corporation
By:_________________________________
Name: ______________________________
Its: _________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ___
day of____________________, 2022, by ___________________________________ as
___________________ of BGV Avon LLC., a Colorado limited liability corporation, as the owner
of the real property described above.
Witness my hand and official seal. ______________________________
Notary Public
My commission expires: ________________
ATTACHMENT A
Page 11 of 11
Town of Avon – Resident Occupied Community Housing Deed Restriction
TOWN OF AVON, CO:
By:__________________________________ Attest:______________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Subscribed before me this ______ day of _______________, 2022, by Sarah Smith Hymes, as
Mayor, and Patty McKenny, as Town Clerk of the Town of Avon, a Colorado home rule
municipal corporation.
My commission expires:
___________________
__________________________________________
Notary Public
ATTACHMENT A
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Ordinance No. 22-14 Approving the Purchase and Sale
of Real Property
DATE: Sept 9, 2022
SUMMARY: Ordinance No. 22-14 Approving the Purchase and Sale of Real Property is presented to
Council for second reading. Council adopted first reading at its last regular meeting on September 13,
2022. At the time of preparing this Report the Town has not received the appraisal or negotiated a
purchase price. Updated materials with a purchase price may be provided on Monday. The Ordinance and
Purchase and Sales Agreement remain unchanged from first reading.
The property presented for acquisition is Unit 1B, Sherwood Meadows, which is a three bedroom
townhome adjacent to the Unit 1A that is currently owned by the Town. This residence is proposed to be
acquired for Avon employee housing. The residence can either be rented or sold to an Avon employee. If
this residence is sold to an Avon employee, it is proposed to be sold with a price cap that limits appreciation
and with a first right of the Town of Avon to re-acquire the property.
TERMS: The standard contract form to Buy and Sell Real Estate Real Property from the Colorado Real
Estate Commission is used for this transaction. An appraisal process has started. The intent is that the
Owner and Town will negotiate the sale and purchase price after receiving the appraisal. Title review, due
diligence inspections, and determination of the purchase price should be completed before second reading.
Closing cannot occur until 30 days after second reading, so first reading is presented even though the
purchase price is not yet agreed in order to proceed with the scheduling for second reading.
HOME RULE CHARTER: Section 18.3 of the Avon Home Rule Charter states,
Section 18.3 - Restrictions on sale of municipally-owned real property.
The Town shall not sell or dispose of municipally-owned buildings or real property in
use for public purposes without first obtaining the approval of a majority of the electors
voting thereon.
The Town Attorney has advised that based on this language and case law in Colorado, the acquisition, use
and resale of residential property for housing purposes does not constitute “real property in use for public
purposes” and therefore voter approval for resale is not required. “Real property in use for public purposes”
includes properties like Nottingham Park, the Town Hall, Police Station and Recreation Center.
FINANCIAL CONSIDERATIONS: The funds for the acquisition is proposed to come out of the Town of
Avon’s general fund reserve balances. If the Town re-sells this property to a Town employee, the reserve
funds would be replaced to the extent of the sales price.
Thank you, Eric
ATTACHMENT A: Ordinance No. 22-14
Ord 22-14 Authorizing Unit 1-B, Sherwood Meadows
First Reading – September 13, 2022
Page 1 of 2
ORDINANCE NO. 22-14
AUTHORIZING PURCHASE OF
SHERWOOD MEADOWS UNIT 1B
WHEREAS, the Town Council (“Council”) of the Town of Avon (“Town”) is authorized to
purchase real estate by ordinance; and
WHEREAS, Council finds that the acquisition of residential property for Town of Avon
employee housing is beneficial and will help to stabilize and preserve the Town’s workforce; and
WHEREAS, the Owner of Unit 1-B, Sherwood Meadows, 371 Nottingham Road, Town of
Avon, CO (“Property”) desires to negotiate the sale of the Property to the Town; and
WHEREAS, Council finds that the acquisition and intended use of the Property is not for public
use and that any future resale of this residential Property will not be subject to Section 18.3 of
the Avon Home Rule Charter; and
WHEREAS, Council held a public hearing on September 27, 2022; and
WHEREAS, the Town Council finds that the acquisition of residential property will 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. Approval of Contract. The form of the Contract to Buy and Sell Real Estate
(Residential) (“Contract”) attached as Exhibit A is hereby approved. The Mayor, Town Clerk
and Town Attorney are authorized to execute the Contract and all other documents related to the
closing and acquisition of the Property.
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
ATTACHMENT A: Ord 22-14
Ord 22-14 Authorizing Unit 1-B, Sherwood Meadows
First Reading – September 13, 2022
Page 2 of 2
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. 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. Publication by Posting. 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 September 13, 2022 and setting such public hearing
for September 27, 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
September 27, 2022.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Karl Hanlon, Town Attorney
ATTACHMENT A: Ord 22-14
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 1 of 9
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 1
(CBS1-6-21) (Mandatory 1-22) 2
3
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 4
5
CONTRACT TO BUY AND SELL REAL ESTATE 6
(RESIDENTIAL) 7
8
Date: 9
AGREEMENT 10
1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract).11
2. PARTIES AND PROPERTY.12
2.1. Buyer. Town of Avon a Colorado home rule municipal corporation, (Buyer) will take title to the Property described below as Joint Tenants Tenants In 13
Common Other . 14
2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 15
2.3. Seller. Martin Matthew Golembiewski (Seller) is the current owner of the Property described below. 16
2.4. Property. The Property is the following legally described real estate in the County of Eagle, Colorado (insert legal description): 17
18
Unit 1-B, Sherwood Meadows, Phase 1, according to the Condominium Map recorded January 24, 1980 in Book 297 at Page 857 and as defined and described in 19
Condominium Declaration recorded February 13, 1980 in Book 298 at page 730 and Supplement recorded December 16, 1980 in Book 314 at Page 825, 20
County of Eagle, State of Colorado 21
22
known as: 371 Nottingham Road, #1B Avon Colorado 81620 , 23
Street Address City State Zip 24
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent 25
thereto, except as herein excluded (Property). 26
2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 27
2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, 28
heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor 29
coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including 30
_______ remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water Softeners Security Systems Satellite Systems 31
(including satellite dishes). Leased items should be listed under § 2.5.7. (Leased Items). If any additional items are attached to the Property after the date of this Contract, such 32
additional items are also included in the Purchase Price. 33
2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded 34
under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace 35
inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 36
2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: 37
38
39
40
41
42
If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal property outside of this Contract. 43
2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at Closing by Seller free and clear of all taxes 44
(except personal property and general real estate taxes for the year of Closing), liens and encumbrances, except: 45
46
47
48
2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 49
2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities: 50
; and the use or ownership of the following storage facilities: . Note to Buyer: If exact rights to the parking 51
and storage facilities is a concern to Buyer, Buyer should investigate. 52
2.5.7. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer at Closing (Leased Items): 53
54
55
56
57
2.6. Exclusions. The following items are excluded (Exclusions): 58
59
60
61
2.7. Water Rights/Well Rights. 62
2.7.1. Deeded Water Rights. The following legally described water rights: 63
64
65
66
Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 67
2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 2.7.4., will be transferred to Buyer at Closing: 68
69
70
71
72
2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity 73
Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an 74
existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of 75
existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with 76
the Division within sixty days after Closing. The Well Permit # is . 77
2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 78
79
80
81
2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), § 2.7.3. (Well Rights), or § 2.7.4. (Water 82
Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 83
2.7.6. Water Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Water Rights is unsatisfactory to Buyer on or before 84
the Water Rights Examination Deadline. 85
3. DATES, DEADLINES AND APPLICABILITY.86
3.1. Dates and Deadlines. 87
Item No. Reference Event Date or Deadline
1 §3 Time of Day Deadline Close of Business
EXHIBIT A: Purchase Contract
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 2 of 9
2 § 4 Alternative Earnest Money Deadline N/A
Title
3 § 8 Record Title Deadline (and Tax Certificate) 9/22/2022
4 § 8 Record Title Objection Deadline 9/29/2022
5 § 8 Off-Record Title Deadline 9/15/2022
6 § 8 Off-Record Title Objection Deadline 9/22/2022
7 § 8 Title Resolution Deadline 10/04/2022
8 § 8 Third Party Right to Purchase/Approve Deadline
Owners’ Association
9 § 7 Association Documents Deadline 9/22/2022
10 § 7 Association Documents Termination Deadline 9/29/2022
Seller’s Disclosures
11 § 10 Seller’s Property Disclosure Deadline 9/22/2022
12 § 10 Lead-Based Paint Disclosure Deadline 9/29/2022
Loan and Credit
13 § 5 New Loan Application Deadline
14 § 5 New Loan Terms Deadline
15 § 5 New Loan Availability Deadline
16 § 5 Buyer’s Credit Information Deadline
17 § 5 Disapproval of Buyer’s Credit Information Deadline
18 § 5 Existing Loan Deadline
19 § 5 Existing Loan Termination Deadline
20 § 5 Loan Transfer Approval Deadline
21 § 4 Seller or Private Financing Deadline
Appraisal
22 § 6 Appraisal Deadline 10/12/2022
23 § 6 Appraisal Objection Deadline 10/19/2022
24 § 6 Appraisal Resolution Deadline 10/26/2022
Survey
25 § 9 New ILC or New Survey Deadline 9/29/2022
26 § 9 New ILC or New Survey Objection Deadline 10/4/2022
27 § 9 New ILC or New Survey Resolution Deadline 10/12/2022
Inspection and Due Diligence
28 § 2 Water Rights Examination Deadline
29 § 8 Mineral Rights Examination Deadline 9/22/2022
30 § 10 Inspection Termination Deadline 10/04/2022
31 § 10 Inspection Objection Deadline 9/22/2022
32 § 10 Inspection Resolution Deadline 9/29/2022
33 § 10 Property Insurance Termination Deadline 10/04/2022
34 § 10 Due Diligence Documents Delivery Deadline 9/22/2022
35 § 10 Due Diligence Documents Objection Deadline 9/29/2022
36 § 10 Due Diligence Documents Resolution Deadline 10/04/2022
37 § 10 Conditional Sale Deadline
38 § 10 Lead-Based Paint Termination Deadline 10/04/2022
Closing and Possession
39 § 12 Closing Date October 27, 2022
40 § 17 Possession Date At closing
41 § 17 Possession Time At closing
42 § 27 Acceptance Deadline Date
43 § 27 Acceptance Deadline Time
Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured or VA guaranteed loans. 88
3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, or the word “Deleted,” such deadline is not 89
applicable and the corresponding provision containing the deadline is deleted. Any box checked in this Contract means the corresponding provision applies. If no box is checked 90
in a provision that contains a selection of “None”, such provision means that “None” applies. 91
The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The abbreviation “N/A” as used in this Contract 92
means not applicable. 93
3.3. Day; Computation of Period of Days; Deadlines. 94
3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as 95
applicable). Except however, if a Time of Day Deadline is specified in § 3.1. (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and 96
Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of Day Deadline 97
is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 98
3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded 99
and the last day is included. 100
3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended 101
to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 102
4. PURCHASE PRICE AND TERMS. 103
4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 104
Item No. Reference Item Amount Amount
1 § 4.1. Purchase Price $
2 § 4.3. Earnest Money 18,000 $
3 § 4.5. New Loan $
4 § 4.6. Assumption Balance $
5 § 4.7. Private Financing $
6 § 4.7. Seller Financing $
7
8
9 § 4.4. Cash at Closing $
10 TOTAL $ $
4.2. Seller Concession. At Closing, Seller will credit to Buyer $______________ (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, 105
charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable 106
items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, 107
cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 108
4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a Check, will be payable to and held by Land Title Guarantee Company, Avon Colorado 109
(Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties 110
mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing 111
(Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for 112
EXHIBIT A: Purchase Contract
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 3 of 9
the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the 113
Earnest Money Holder in this transaction will be transferred to such fund. 114
4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth 115
as the Alternative Earnest Money Deadline. 116
4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in 117
this Contract. If this Contract is terminated as set forth in § 24 and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned 118
following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release 119
form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money 120
has not already been paid to Seller, following receipt of an Earnest Money Release form, Buyer agrees to execute and return to Seller or Broker working with Seller, written 121
mutual instructions (e.g., Earnest Money Release form), within three days of Buyer’s receipt. 122
4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the Earnest Money Release Form, or other written 123
mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer 124
default. 125
4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the Earnest Money Release Form, or other written 126
mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller 127
Default. 128
4.4. Form of Funds; Time of Payment; Available Funds. 129
4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply 130
with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 131
4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between 132
the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. 133
4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and 134
available in an amount not less than the amount stated as Cash at Closing in § 4.1. 135
4.5. New Loan. 136
4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in § 4.2. (Seller Concession), if applicable, must timely pay Buyer’s loan costs, loan 137
discount points, prepaid items and loan origination fees as required by lender. 138
4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to Buyer, including a different loan than initially 139
sought, except as restricted in § 4.5.3. (Loan Limitations) or § 29 (Additional Provisions). 140
4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans: 141
Conventional FHA VA Bond Other . If either or both of the FHA or VA boxes are 142
checked, and Buyer closes the transaction using one of those loan types, Seller agrees to pay those closing costs and fees that Buyer is not allowed by law to pay not to exceed $143
. 144
4.5.4. Loan Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions and costs of Buyer’s New Loan carefully. If Buyer 145
is applying for a residential loan, the lender generally must provide Buyer with a Loan Estimate within three days after Buyer completes a loan application. Buyer also should 146
obtain an estimate of the amount of Buyer’s monthly mortgage payment. 147
4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption Balance set forth in § 4.1. (Price and Terms), presently 148
payable at $______________ per ________________ including principal and interest presently at the rate of ________% per annum and also including escrow for the following 149
as indicated: Real Estate Taxes Property Insurance Premium Mortgage Insurance Premium and . 150
Buyer agrees to pay a loan transfer fee not to exceed $_____________. At the time of assumption, the new interest rate will not exceed ________% per annum and the new 151
payment will not exceed $_____________ per ________________ principal and interest, plus escrow, if any. If the actual principal balance of the existing loan at Closing is less 152
than the Assumption Balance, which causes the amount of cash required from Buyer at Closing to be increased by more than $_____________, or if any other terms or provisions 153
of the loan change, Buyer has the Right to Terminate under § 24.1. on or before Closing Date. 154
Seller Will Will Not be released from liability on said loan. If applicable, compliance with the requirements for release from liability will be evidenced by delivery 155
on or before Loan Transfer Approval Deadline at Closing of an appropriate letter of commitment from lender. Any cost payable for release of liability will be paid by 156
in an amount not to exceed $_____________. 157
4.7. Seller or Private Financing. 158
WARNING: Unless the transaction is exempt, federal and state laws impose licensing, other requirements and restrictions on sellers and private financiers. Contract provisions 159
on financing and financing documents, unless exempt, should be prepared by a licensed Colorado attorney or licensed mortgage loan originator. Brokers should not prepare or 160
advise the parties on the specifics of financing, including whether or not a party is exempt from the law. 161
4.7.1. Seller Financing. If Buyer is to pay all or any portion of the Purchase Price with Seller financing, Buyer Seller will deliver the proposed Seller 162
financing documents to the other party on or before _________ days before Seller or Private Financing Deadline. 163
4.7.1.1. Seller May Terminate. If Seller is to provide Seller financing, this Contract is conditional upon Seller determining whether such financing is 164
satisfactory to the Seller, including its payments, interest rate, terms, conditions, cost, and compliance with the law. Seller has the Right to Terminate under § 24.1., on or before 165
Seller or Private Financing Deadline, if such Seller financing is not satisfactory to Seller, in Seller’s sole subjective discretion. 166
4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller or private financing, this Contract is conditional upon Buyer 167
determining whether such financing is satisfactory to Buyer, including its availability, payments, interest rate, terms, conditions, and cost. Buyer has the Right to Terminate under 168
§ 24.1, on or before Seller or Private Financing Deadline, if such Seller or private financing is not satisfactory to Buyer, in Buyer’s sole subjective discretion. 169
TRANSACTION PROVISIONS 170
5. FINANCING CONDITIONS AND OBLIGATIONS. 171
5.1. New Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New Loan), or if an existing loan is not to be 172
released at Closing, Buyer, if required by such lender, must make an application verifiable by such lender, on or before New Loan Application Deadline and exercise reasonable 173
efforts to obtain such loan or approval. 174
5.2. New Loan Terms; New Loan Availability. 175
5.2.1. New Loan Terms. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s 176
sole subjective discretion, whether the proposed New Loan’s payments, interest rate, conditions and costs or any other loan terms (New Loan Terms) are satisfactory to Buyer. 177
This condition is for the sole benefit of Buyer. Buyer has the Right to Terminate under § 24.1., on or before New Loan Terms Deadline, if the New Loan Terms are not 178
satisfactory to Buyer, in Buyer’s sole subjective discretion. 179
5.2.2. New Loan Availability. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer’s satisfaction with the 180
availability of the New Loan based on the lender’s review and underwriting of Buyer’s New Loan Application (New Loan Availability). Buyer has the Right to Terminate under § 181
24.1., on or before the New Loan Availability Deadline if the New Loan Availability is not satisfactory to Buyer. Buyer does not have a Right to Terminate based on the New Loan 182
Availability if the termination is based on the New Loan Terms, Appraised Value (defined below), the Lender Property Requirements (defined below), Insurability (§ 10.5. below) 183
or the Conditional Upon Sale of Property (§ 10.7. below). IF SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE BUYER’S WRITTEN NOTICE TO 184
TERMINATE, BUYER’S EARNEST MONEY WILL BE NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Appraisal, Title, Survey). 185
5.3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole benefit of Seller) upon Seller’s approval of Buyer’s 186
financial ability and creditworthiness, which approval will be in Seller’s sole subjective discretion. Accordingly: (1) Buyer must supply to Seller by Buyer’s Credit Information 187
Deadline, at Buyer’s expense, information and documents (including a current credit report) concerning Buyer’s financial, employment and credit condition; (2) Buyer consents 188
that Seller may verify Buyer’s financial ability and creditworthiness; and (3) any such information and documents received by Seller must be held by Seller in confidence and 189
not released to others except to protect Seller’s interest in this transaction. If the Cash at Closing is less than as set forth in § 4.1. of this Contract, Seller has the Right to Terminate 190
under § 24.1., on or before Closing. If Seller disapproves of Buyer’s financial ability or creditworthiness, in Seller’s sole subjective discretion, Seller has the Right to Terminate 191
under § 24.1., on or before Disapproval of Buyer’s Credit Information Deadline. 192
5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan documents (including note, deed of trust and any 193
modifications) to Buyer by Existing Loan Deadline. For the sole benefit of Buyer, this Contract is conditional upon Buyer’s review and approval of the provisions of such loan 194
documents. Buyer has the Right to Terminate under § 24.1., on or before Existing Loan Termination Deadline, based on any unsatisfactory provision of such loan documents, 195
in Buyer’s sole subjective discretion. If the lender’s approval of a transfer of the Property is required, this Contract is conditional upon Buyer obtaining such approval without 196
change in the terms of such loan, except as set forth in § 4.6. If lender’s approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such 197
deadline. Seller has the Right to Terminate under § 24.1., on or before Closing, in Seller’s sole subjective discretion, if Seller is to be released from liability under such existing 198
loan and Buyer does not obtain such compliance as set forth in § 4.6. 199
6. APPRAISAL PROVISIONS. 200
6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine 201
the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property 202
as a condition for the Property to be valued at the Appraised Value. 203
6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3., or if a cash transaction (i.e., no 204
financing), § 6.2.1. applies. 205
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6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received 206
by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline: 207
6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 208
6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that 209
confirms the Appraised Value is less than the Purchase Price (Lender Verification). 210
6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have 211
not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller 212
receives Buyer’s written withdrawal of the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 213
6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obligated to complete the 214
purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance 215
with HUD/FHA or VA requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting 216
forth the appraised value of the Property of not less than $______________. The purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of 217
this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and 218
Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself/themselves that the price 219
and condition of the Property are acceptable. 220
6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of 221
Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the 222
Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this 223
Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 224
6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal 225
(Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates 226
on the earlier of three days following Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement 227
to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the satisfaction of the Lender Property Requirements is waived 228
in writing by Buyer. 229
6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may 230
include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 231
7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest Communities and subject to one or more 232
declarations (Association). 233
7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO 234
THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ 235
ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE 236
DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, 237
INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE 238
ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES 239
AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN 240
ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. 241
PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF 242
MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND 243
RULES AND REGULATIONS OF THE ASSOCIATION. 244
7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association 245
Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association 246
Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. 247
7.3. Association Documents. Association documents (Association Documents) consist of the following: 248
7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements 249
and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 250
7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under 251
the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual 252
Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 253
7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, 254
association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds 255
and expiration dates of the policies listed (Association Insurance Documents); 256
7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 257
7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s 258
most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results 259
of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the Association’s 260
community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s 261
statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees 262
to access documents, (5) list of all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 7.3.5., 263
collectively, Financial Documents); 264
7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result 265
of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse 266
material facts as required under § 10.2. (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common 267
elements or limited common elements of the Association property. 268
7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 24.1., on or before 269
Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer 270
receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate 271
received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to 272
Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does 273
not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate 274
under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 275
8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 276
8.1. Evidence of Record Title. 277
8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy 278
at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an 279
amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and 280
delivered to Buyer as soon as practicable at or after Closing. 281
8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy 282
at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount 283
equal to the Purchase Price. 284
If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 285
8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment 286
is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) 287
unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments 288
and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-289
Half by Seller Other__________________________. 290
Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. 291
The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory 292
to Buyer, Buyer has a right to object under § 8.7. (Right to Object to Title, Resolution). 293
8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the 294
Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished 295
to Buyer (collectively, Title Documents). 296
8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to 297
documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this 298
Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 299
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8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in 300
Seller’s possession on or before Record Title Deadline. 301
8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Title Documents as set forth in § 8.7. (Right to 302
Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or 303
Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title 304
Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy 305
of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by 306
Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or 307
(3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2. (Record Title), any title objection 308
by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all 309
documents required by § 8.1. (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified 310
above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 311
8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the 312
Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters not 313
shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New 314
Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary 315
line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such 316
inspection, notwithstanding § 8.2. (Record Title) and § 13 (Transfer of Title), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title 317
Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer 318
to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title 319
objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title 320
Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of 321
which Buyer has actual knowledge. 322
8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY 323
REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH 324
DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 325
CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE 326
IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE 327
COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION 328
FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 329
8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing districts that affect the Property (Tax Certificate) 330
must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer’s 331
sole subjective discretion, Buyer may terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, Buyer, 332
at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. 333
If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to 334
Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Tax 335
Certificate and the inclusion of the Property in a special taxing district, if applicable, as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s 336
loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for by Seller. 337
8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first refusal on the Property, right to purchase the 338
Property under a lease or an option held by a third party to purchase the Property) or a right of a third party to approve this Contract, Seller must promptly submit this Contract 339
according to the terms and conditions of such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase is 340
waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If the 341
third party right to purchase is exercised or approval of this Contract has not occurred on or before Third Party Right to Purchase/Approve Deadline, this Contract will then 342
terminate. Seller will supply to Buyer, in writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 343
8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, based on any title matters including those 344
matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Special Taxing District) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or 345
terminate based on any such title matter, on or before the applicable deadline, Buyer has the following options: 346
8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable 347
deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title 348
Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and 349
waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or 350
both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the Title Resolution Deadline also will be automatically extended to the earlier of Closing or 351
fifteen days after Buyer’s receipt of the applicable documents; or 352
8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before the applicable deadline, based on any title 353
matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 354
8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected 355
in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, 356
zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various laws and 357
governmental regulations concerning land use, development and environmental matters. 358
8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY 359
FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE 360
MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL 361
ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE 362
SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 363
8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS 364
MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY 365
CLERK AND RECORDER. 366
8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, 367
BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, 368
PRODUCING WELLS, REWORKING OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 369
8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS 370
ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE 371
FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 372
8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance 373
policy. 374
8.9. Mineral Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Mineral Rights is unsatisfactory to Buyer on or before the 375
Mineral Rights Examination Deadline. 376
9. NEW ILC, NEW SURVEY. 377
9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) New Survey in the form of 378
___________________________________________; is required and the following will apply: 379
9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a 380
previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 381
9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or: 382
383
384
9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) 385
and _____________________ will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 386
9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or 387
New Survey. 388
9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this 389
Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New 390
ILC or New Survey if done prior to Seller incurring any cost for the same. 391
9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. If the New ILC or New Survey is not timely 392
received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding 393
§ 8.3. or § 13: 394
9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 395
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9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New 396
Survey that is unsatisfactory and that Buyer requires Seller to correct. 397
9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection 398
Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on 399
expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such 400
termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). 401
DISCLOSURE, INSPECTION AND DUE DILIGENCE 402
10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF WATER. 403
10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline, Seller agrees to deliver to Buyer the most current version of the applicable 404
Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. 405
10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by 406
Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date 407
of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five 408
days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” 409
condition, “Where Is” and “With All Faults.” 410
10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or 411
both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, 412
structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased Items, 413
(3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing 414
transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its 415
occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 416
10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 24.1., that this Contract is terminated 417
due to any unsatisfactory condition, provided the Buyer did not previously deliver an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery 418
of an Inspection Objection to Seller pursuant to § 10.3.2.; or 419
10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer 420
requires Seller to correct. 421
10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not 422
agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives 423
Buyer’s written withdrawal of the Inspection Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision 424
prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by executing an Earnest Money Release. 425
10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment 426
for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions 427
as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and 428
hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s 429
right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable 430
attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed pursuant to an 431
Inspection Resolution. 432
10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of 433
the availability, terms and conditions and premium for property insurance (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 434
10.6. Due Diligence. 435
10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to the Property and Leased Items (Due 436
Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 437
10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases 438
or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 439
440
10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased Items) will be transferred to Buyer at Closing, Seller agrees to 441
deliver copies of the leases and information pertaining to the personal property to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will 442
Not assume the Seller’s obligations under such leases for the Leased Items (§ 2.5.7., Leased Items). 443
444
10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered pursuant to § 2.5.4. (Encumbered Inclusions) above, 445
Seller agrees to deliver copies of the evidence of debt, security and any other documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery 446
Deadline. Buyer Will Will Not assume the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions). 447
448
10.6.1.4. Other Documents. Other documents and information: 449
450
10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due Diligence Documents. If the Due Diligence 451
Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 452
10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 453
10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer 454
requires Seller to correct. 455
10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents 456
Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will 457
terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such 458
termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 459
10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as 460
. Buyer has the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to 461
Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive 462
Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 463
10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller’s 464
Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt 465
of a copy of the current well permit. 466
Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT 467
YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER 468
SUPPLIES. 469
10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 470
10.10. Lead-Based Paint. 471
10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings constructed or a building permit was issued 472
prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) 473
form on or before the Lead-Based Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely receive 474
the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration 475
of the Lead-Based Paint Termination Deadline. 476
10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based 477
Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-478
Based Paint Termination Deadline. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based 479
Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-480
Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 481
10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a fireplace, or an attached garage and include one or 482
more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide 483
alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 484
10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, 485
Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant 486
to § 25-18.5-102, C.R.S., Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been 487
used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written Notice to Terminate, notwithstanding any other 488
provision of this Contract, based on Buyer’s test results that indicate the Property has been contaminated with methamphetamine, but has not been remediated to meet the 489
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standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of the 490
test. 491
11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted] 492
CLOSING PROVISIONS 493
12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 494
12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver 495
documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to 496
provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional 497
information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably 498
required documents at or before Closing. 499
12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 500
12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at 501
an earlier date. At Closing, Seller agrees to deliver a set of keys for the Property to Buyer. The hour and place of Closing will be as designated by 502
________________________________________. 503
12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., 504
attorneys, lenders, inspectors and title companies). 505
12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer must assume Seller’s obligations under such 506
Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such leases for the Leased Items accepted by Buyer pursuant to § 2.5.7. (Leased Items). 507
13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller must 508
execute and deliver the following good and sufficient deed to Buyer, at Closing: special warranty deed general warranty deed bargain and sale deed quit claim 509
deed personal representative’s deed ____________________________ deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient 510
special warranty deed to Buyer, at Closing. 511
Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed “subject 512
to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 513
14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum 514
against the Property and Inclusions, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and 515
previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 516
15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND WITHHOLDING. 517
15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise 518
provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for any of the fees contained in this Section, the fees will be paid 519
for by Seller. 520
15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller 521
One-Half by Buyer and One-Half by Seller Other . 522
15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to promptly request that the Closing Company or the 523
Association deliver to Buyer a current Status Letter, if applicable. Any fees associated with or specified in the Status Letter will be paid as follows: 524
15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Buyer Seller One-Half by Buyer and 525
One-Half by Seller N/A. 526
15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 527
15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than Association Assessments as defined in § 16.2. 528
(Association Assessments), reserves or working capital due at Closing must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 529
15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by Buyer Seller One-Half by Buyer and 530
One-Half by Seller N/A. 531
15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 532
15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by Buyer Seller One-Half by Buyer 533
and One-Half by Seller N/A. 534
15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer 535
fees and foundation fees, must be paid at Closing by Buyer Seller 536
One-Half by Buyer and One-Half by Seller N/A. 537
15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $____________ for: 538
Water Stock/Certificates Water District 539
Augmentation Membership Small Domestic Water Company 540
and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 541
15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by Buyer Seller One-Half by 542
Buyer and One-Half by Seller N/A. 543
15.9. FIRPTA and Colorado Withholding. 544
15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign 545
person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller 546
represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person 547
for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign 548
person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to 549
determine if withholding applies or if an exemption exists. 550
15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will 551
not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents 552
to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax 553
advisor to determine if withholding applies or if an exemption exists. 554
16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 555
16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 556
16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on Taxes 557
for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property 558
tax exemption, qualifying disabled veteran exemption or Other . 559
16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases 560
assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in writing of such transfer and of the transferee’s name and address. 561
16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and _________________. 562
16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 563
16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. Cash 564
reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may be otherwise provided by the 565
Governing Documents. Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special assessment 566
assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements 567
that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in 568
Additional Provisions. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and 569
______________________________. Association Assessments are subject to change as provided in the Governing Documents. 570
17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, subject to the Leases as set forth in § 10.6.1.1. 571
and, if applicable, any Post-Closing Occupancy Agreement. 572
If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer, notwithstanding § 20.2. (If 573
Seller is in Default), for payment of $ 150.00 per day (or any part of a day notwithstanding § 3.3., Day) from Possession Date and Possession 574
Time until possession is delivered. 575
Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then Buyer Does Not represent that Buyer 576
will occupy the Property as Buyer’s principal residence. 577
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If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement. 578
GENERAL PROVISIONS 579
18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise 580
provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 581
18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an 582
amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then 583
Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on 584
or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such 585
Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the 586
Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received 587
the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must 588
assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared 589
by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not 590
exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 591
18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property 592
(collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for 593
the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement 594
of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed 595
or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before 596
Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the 597
Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 598
18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property 599
or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on 600
such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, 601
Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions, but such credit will not 602
include relocation benefits or expenses or exceed the Purchase Price. 603
18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the 604
physical condition of the Property and Inclusions complies with this Contract. 605
18.5. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement 606
of such Inclusions. 607
19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that their respective broker has advised that this 608
Contract has important legal consequences and has recommended: (1) legal examination of title; (2) consultation with legal and tax or other counsel before signing this Contract 609
as this Contract may have important legal and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded 610
in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be engaged and consulted. Such consultations must 611
be done timely as this Contract has strict time limits, including deadlines, that must be complied with. 612
613
20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict 614
and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract 615
or waived, the non-defaulting party has the following remedies: 616
20.1. If Buyer is in Default: 617
20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained 618
by Seller. It is agreed that the Earnest Money is not a penalty, and the Parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be 619
proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 620
20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may cancel this Contract. All Earnest Money 621
(whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not 622
a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to 623
perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 624
20.2. If Seller is in Default: 625
20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will 626
be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver 627
possession of the Property after Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, 628
or both. 629
20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to include, but not limited to, failure to timely 630
disclose Association violations known by Seller, failure to perform any replacements or repairs required under this Contract or failure to timely disclose any known adverse 631
material facts, Seller remains liable for any such failures to perform under this Contract after Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this 632
Contract are reserved and survive Closing. 633
21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to 634
or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 635
22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. 636
Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding 637
decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator 638
and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of 639
the date written notice requesting mediation is delivered by one party to the other at that party’s last known address (physical or electronic as provided in § 26). Nothing in this 640
Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section 641
will not alter any date in this Contract, unless otherwise agreed. 642
23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual 643
instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. 644
Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest 645
Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) 646
provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case 647
number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest 648
Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must 649
disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 22 (Mediation). This Section will survive cancellation or termination of 650
this Contract. 651
24. TERMINATION. 652
24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt 653
of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to 654
Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives 655
the Right to Terminate under such provision. 656
24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely returned to Buyer, the parties are relieved of 657
all obligations hereunder, subject to §§ 10.4. and 21. 658
25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between 659
the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent 660
modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this 661
Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and 662
obligations of this Contract. 663
EXHIBIT A: Purchase Contract
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 9 of 9
26. NOTICE, DELIVERY AND CHOICE OF LAW. 664
26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in § 26.2. and is effective when physically 665
received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party 666
(except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 667
26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or Seller, any individual named in this Contract 668
to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing, cancellation or 669
Termination must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or _________________________________. 670
26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a 671
website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 672
26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be 673
applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 674
27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below 675
and the offering party receives notice of such acceptance pursuant to § 26 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document 676
will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such 677
copies taken together are deemed to be a full and complete contract between the parties. 678
28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set 679
forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, 680
Inspection, Indemnity, Insurability Due Diligence and Source of Water. 681
ADDITIONAL PROVISIONS AND ATTACHMENTS 682
29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 683
684
This contract and purchase price is subject to approval by Avon Town Council by Ordinance. In the event that Avon Town Council does not approve the purchase of the 685
Property by ordinance in the month of September, 2022, Buyer or Seller may terminate this Contract and Buyer shall receive earnest money deposit back in full. 686
687
Buyer will retain an appraiser or appraisers and agrees to share the appraisal or appraisals with Seller. Buyer and Seller will negotiate and determine the purchase price within 688
ten (10) days after receipt of the appraisal of appraisals. In the event Buyer and Seller are not able to mutually determine the purchase price, Buyer or Seller may terminate this 689
Contract and the Buyer shall receive earnest money deposit back in full. 690
691
30. OTHER DOCUMENTS. 692
30.1. Documents Part of Contract. The following documents are a part of this Contract: 693
30.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 the Post-Closing Occupancy Agreement is a 694
part of this Contract. 695
696
30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: 697
698
699
700
SIGNATURES 701
702
Buyer’s Name: Buyer’s Name:
Buyer’s Signature Date Buyer’s Signature Date
Address: Address:
Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:
[NOTE: If this offer is being countered or rejected, do not sign this document.] 703
Seller’s Name: Seller’s Name:
Seller’s Signature Date Seller’s Signature Date
Address: Address:
Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:
704
END OF CONTRACT TO BUY AND SELL REAL ESTATE 705
EXHIBIT A: Purchase Contract
970-748-4446 mlabagh@avon.org
Page 1 of 4
TO: Honorable Mayor Smith Hymes and Council
FROM: Michael Labagh, Recreation Director
Eva Wilson, Public Works Director
RE: Harry A. Nottingham Park Improvements Update
DATE: September 22, 2022
SUMMARY: This report provides a summary of updates to the identified topic areas for improvement within
Harry A. Nottingham Park. Town staff is committed to providing project updates and adding more topic
areas based on Planning and Zoning Commission and Town Council requests and direction.
BACKGROUND: Topic areas were determined by Staff to obtain organized feedback from the Planning
and Zoning Commission and Town Council. Planning and Zoning Commission members provided feedback
while participating in a site walk of the park on August 17, 2021. Town Council members were able to
provide feedback on all topic areas during two work sessions held at their regular meetings on September
14, 2021, and October 12, 2021. A written report with updates was provided to the Town Council on June
14, 2022. The following list includes updates on the identified areas of improvement within Harry A.
Nottingham Park.
Staff updates are noted under each item in red.
PLANNING & IMPROVEMENT TOPIC AREAS:
1. Potential Beach Expansion to West. Council comments are aligned regarding the need to maximize
beach space for park users and to improve the SUPCO facility’s appearance. Several concerns were voiced
regarding expanding the beach before more parking and restrooms are available for park user s. Expanding the
beach, moving the existing boat dock, or adding a new one to this area was not considered as an item to pursue
at this time. The Town will be purchasing a boat rack and storage boxes to be used for general storage for
Standup Paddle Colorado’s (SUPCO) rental operation. SUPCO will continue to use their trailer to house
operations and will not be using a storage container moving forward.
Staff replaced the sand at the Swim Beach area at the beginning of June 2022. A boat rack was purchased
to support rental operations and allow for more functional storage of the SUP boards. SUPCO has been
notified that at the end of Summer season in 2023, the Town will solicit proposals for boat rental operations
on Nottingham Lake beginning in 2024. The Town will submit a proposal to bring boat rental operations in -
house and we expect SUPCO and other outfitters to submit proposals as well.
2. Widening of Recreation Path. The majority of the Council did not feel that widening the recreation path
in this area would solve the problems park users are facing. Considerations were discussed to move the
recreation path north, add a bike dismount zone, enforce speed limits, and eventually widen the path with two
lanes. Staff is entertaining an addition of a 10 MPH speed limit to Harry A. Nottingham Park and to designate the
north path between Lake Street and West Beaver Creek Boulevard as a “Dismount Zone” for all bikes, scooters,
skateboards, rollerblades, and other transportation devices that may pose a risk to pedestrian traffic. Staff would
also like to consider designating all of Harry A. Nottingham Park a “Dismount Zone” for all bicycles.
All Harry A. Nottingham Park trails are at a minimum of eight feet. The original trail was completed
expediently and without the proper base. A full inventory and assessment of all Avon and Eagle Valley
Trails have been completed. Prioritization for funding will be reviewed with Council. Based on park user
safety and emergency access concerns, Staff recommends widening all park paths to at least 8 feet in
970-748-4446 mlabagh@avon.org
Page 2 of 4
width. The north park path is scheduled to be resurfaced in 2024. Staff is proposing designating a
“Dismount Zone” and/or “Slow Zone” in Harry A. Nottingham Park beginning in Spring 2023.
3. North Nottingham Park Restroom. This project will be bid out in June 2022, work will start after
Labor Day and should be completed by Summer 2023.
There were no bidders for the June 2022 bid. The two interested bidders suggested they would’ve
submitted a $10M bid. The subsequent independent cost estimate for construction is $8.6M Staff is
reviewing the scope of work for the project and will consider a redesign to make the project more affordable.
4. Shoreline Erosion. Staff is coordinating this work to be completed by the same contractor who
cleans out the detention pond. This project is in progress and scheduled for completion by Fall 2022.
This project is in progress and will be completed this Fall. Flat rocks and a small amount of sand will be
added to this area to maintain boat accessibility. “Lake edge slippery” signage was added to the shoreline
this summer to ensure users were aware of potential danger entering the lake from this area.
5. Soft Recreation Path Connection (Between Lake and Sedimentation Pond). An informal path
has been established. The Public Works Department will address this project in-house and is scheduled for
a Fall 2022 completion.
After further assessment of the informal path around the sedimentation pond, improvements are not
recommended due to the hazard posed by crossing the pond spillway. The improvement can bring a false
sense of safety the informal path offers and attract more pedestrians.
6. East Shore Area. Development in this area has been paused per Council direction. This area has
several picnic tables and will continue to be ideal for passive recreation use.
7. Fitness Court (Current Location). Staff is researching where the Fitness Court could be relocated to
another area within Town limits. Staff is also soliciting other entities who may be interested in acquiring the
Fitness Court. If and when the Fitness Court can be removed, the existing concrete pad can be repurposed
as a picnic shelter for special events and community use.
The Fitness Court will not be removed until Staff receives clear direction. Several replacement parts have
been ordered to maintain functionality and safety.
8. South Dock Area. Development in this area is paused per Council direction. Changes and
enhancements to this area will likely coincide as discussions for a potential beach expansion resurface in
the next few years.
9. South Lake Landscaping. Public Works Staff have researched this project area and have
determined that there does not appear to be room between the toe of the dam (per the state we are unable
to dig or plant trees/shrubs on the dam) and the railroad property for tree s. We do have native grass seed
on hand and wildflower mix on order for this area, but there is currently no power to numerous irrigation
clocks throughout the park. The Town Electrician is currently troubleshooting this issue and Staff is hoping
to have water to this area as soon as possible. Staff will plant grass seed and wildflower mix as soon as the
irrigation clocks are functional.
Staff will add cut stones in this area and around the lake either in Fall 2022 or Spring 2023.
970-748-4446 mlabagh@avon.org
Page 3 of 4
10. Lower Field Recreation Path. This project is scheduled for completion in 2023 and will also include
enhancements to formalizing a pedestrian connection to Lift View (#11) and a potential path along the Avon
Water Treatment Plant (#12). Engineering, Public Works, Community Development and Recreation
Department staff are planning to meet this summer to walk all paths on the southwest side of the park to
ensure all eligible areas are included under one project. Staff hopes to complete a site survey in 2022 and
the design process will occur this winter.
A full inventory and assessment of all Avon and Eagle Valley Trails have been completed. Priorit ization for
funding will be reviewed with Council.
11. Pedestrian Connection to Lift View. Formalizing this path will be included under the Lower Field
Recreation Path project. Staff will conduct a site survey for this area to determine what is permitted and
feasible for this area.
A site survey is scheduled for Fall 2022.
12. Recreation Path Opportunity Along Avon Water Treatment Plant. Formalizing this path will be
included under the Lower Field Recreation Path project. Staff will conduct a site survey for this area to
determine what is permitted and feasible for this area.
A full inventory and assessment of all Avon and Eagle Valley Trails have been completed. Prioritization for
funding will be reviewed with Council.
13. West Recreation Path Entrance. Per Council direction, development in this area will not be considered
in the immediate future.
Existing park signage at this location will be updated as needed to maintain town brand standards and consistent
design.
14. Reconstruction of the Pickleball, Tennis, and Basketball Courts. All courts are currently being
reconstructed and the project is on schedule to be completed by August 5, 2022. After obtaining community
feedback, Council directed staff to move forward with removing one tennis court and adding two more
pickleball courts. The new court layout will include six pickleball courts, two tennis courts, one basketball
court, and one basketball/soccer court.
All courts have been reconstructed and are open to the public through the end of October, weather
permitting. The tennis and pickleball courts were open to the public on Saturday, August 5 and the
basketball courts were open to the public on Friday, September 9. Staff held a ribbon-cutting ceremony for
the courts on Tuesday, August 23. Soccer goals will be set up on the lower field, instead of one of the
courts, for open public use. The Engineering division is currently finishing punch list items with the
contractor including, repositioning of basketball goals, touch-up painting, installation of windscreens, and
installation of an internal court gate. The Recreation Department was able to provide programming including
a 3-on-3 basketball tournament, a pickleball clinic, a pickleball paddle demo day, and private pickleball
lessons. Staff is currently planning pickleball, tennis, and basketball programming for the 2023 season.
970-748-4446 mlabagh@avon.org
Page 4 of 4
REQUESTED DIRECTION: Feedback and direction from Council on operations and improvements in Harry
A. Nottingham Park is requested.
Thank you, Michael and Eva
ATTACHMENT A: Harry A. Nottingham Park Improvements Follow Up 6.3.2021 – Written Report
970-748-4446 mlabagh@avon.org
Page 1 of 2
TO: Honorable Mayor Smith Hymes and Council
FROM: Michael Labagh, Recreation Director
RE: Harry A. Nottingham Park Improvements Update
DATE: June 3, 2022
SUMMARY: This report provides a summary of updates to the identified topic areas for improvement within
Harry A. Nottingham Park. Town staff are committed to providing project updates and adding more topic
areas based on Planning and Zoning Commission and Town Council requests and direction.
BACKGROUND: Topic areas were determined by Staff to obtain organized feedback from the Planning
and Zoning Commission and Town Council. Planning and Zoning Commission members provided feedback
while participating in a site walk of the park on August 17, 2021. Town Council members were able to
provide feedback on all topic areas during two work sessions held at their regular meetings on September
14, 2021 and October 12, 2021. The following list includes updates on the identified areas of improvement
within Harry A. Nottingham Park.
PLANNING & IMPROVEMENT TOPIC AREAS:
1.Potential Beach Expansion to West. Council comments are aligned regarding the need to maximize
beach space for park users and to improve the SUPCO facility’s appearance. Several concerns were voiced
regarding expanding the beach before more parking and restrooms are available for park users. Expanding the
beach, moving the existing boat dock or adding a new one to this area was not considered as an item to pursue
at this time. The Town will be purchasing a boat rack and storage boxes to be used for general storage for
Standup Paddle Colorado’s (SUPCO) rental operation. SUPCO will continue to use their trailer to house
operations and will not be using a storage container moving forward.
2.Widening of Recreation Path. The majority of Council did not feel that widening the recreation path in
this area would solve the problems park users are facing. Considerations were discussed to move the recreation
path north, add a bike dismount zone, enforce speed limits, and eventually widen the path with two lanes. Staff
are entertaining an addition of a 10 MPH speed limit to Harry A. Nottingham Park and to designate the north path
between Lake Street and West Beaver Creek Boulevard as a “Dismount Zone” for all bikes, scooters,
skateboards, rollerblades, and other transportation devices that may pose a risk to pedestrian traffic. Staff would
also like to consider designating all of Harry A. Nottingham Park a “Dismount Zone” for all bicycles.
3.North Nottingham Park Restroom. This project will be bid out in June 2022, work will start after
Labor Day and should be completed by Summer 2023.
4.Shoreline Erosion. Staff are coordinating this work to be completed by the same contractor who
cleans out the detention pond. This project is in progress and scheduled for completion by Fall 2022.
5.Soft Recreation Path Connection (Between Lake and Detention Pond). An informal path has
been established. The Public Works Department will address this project in-house and is scheduled for a
Fall 2022 completion.
6.East Shore Area. Development in this area has been paused per Council direction. This area has
several picnic tables and will continue to be ideal for passive recreation use.
7.Fitness Court (Current Location). Staff are researching where the Fitness Court could be relocated
to another area within Town limits. We are also soliciting other entities who may be interested in acquiring
the Fitness Court. If and when the Fitness Court can be removed, the existing concrete pad can be
repurposed as a picnic shelter for special event and community use.
Attachment A
970-748-4446 mlabagh@avon.org
Page 2 of 2
8.South Dock Area. Development in this area is paused per Council direction. Changes and
enhancements to this area will likely coincide as discussions for a potential beach expansion resurface in
the next few years.
9.South Lake Landscaping. Public Works Staff have researched this project area and have
determined that there does not appear to be room between the toe of the dam (per the state we are unable
to dig or plant trees/shrubs on the dam) and the railroad property for trees. We do have native grass seed
on hand and wildflower mix on order for this area, but there is currently no power to numerous irrigation
clocks throughout the park. The Town Electrician is currently troubleshooting this issue and Staff are
hoping to have water to this area as soon as possible. Staff will plant grass seed and wildflower mix as
soon as the irrigation clocks are functional.
10.Lower Field Recreation Path. This project is scheduled for completion in 2023 and will also include
enhancements to formalizing a pedestrian connection to Lift View (#11) and a potential path along the Avon
Water Treatment Plant (#12). Engineering, Public Works, Community Development and Recreation
Department staff are planning to meet this summer to walk all paths on the southwest side of the park to
ensure all eligible areas are included under one project. Staff hope to complete a site survey in 2022 and
the design process will occur this winter. This project is scheduled to be bid out in 2023.
11.Pedestrian Connection to Lift View. Formalizing this path will be included under the Lower Field
Recreation Path project. Staff will conduct a site survey for this area to determine what is permitted and
feasible for this area.
12.Recreation Path Opportunity Along Avon Water Treatment Plant. Formalizing this path will be
included under the Lower Field Recreation Path project. Staff will conduct a site survey for this area to
determine what is permitted and feasible for this area.
13.Potential Location of Fitness Court. Staff are researching where the Fitness Court could be
relocated to another area within Town limits. We are also soliciting other entities who may be interested in
acquiring the Fitness Court.
14.West Recreation Path Entrance. Per Council direction, development in this area will not be considered
in the immediate future. Existing park signage at this location will be updated as needed.
15.Reconstruction of the Pickleball, Tennis, Basketball and Soccer Courts. All courts are currently
being reconstructed and the project is on schedule to be completed by August 5, 2022. After obtaining
community feedback, Council directed staff to move forward with removing one tennis court and adding two
more pickleball courts. The new court layout will include: six pickleball courts, two tennis courts, one
basketball court and one basketball/soccer court.
RECOMMENDATION: Per item number 2, I propose entertaining an addition of a 10 MPH speed limit to
Harry A. Nottingham Park and designate all park paths as a “Dismount Zone” for all bicycles. Staff within
the Public Works, Mobility, Community Development, Recreation and Police Departments will collaborate to
ensure this recommendation is extensively analyzed prior to implementation.
Thank you, Michael
ATTACHMENT A: Harry A. Nottingham Park Improvements Follow Up 10.12.2021 - Report and
Presentation
Work Session: Summer Operations and Future Improvements
September 27, 2022
WORK SESSION: HARRY A. NOTTINGHAM PARK
SUMMER OPERATIONS, SEPTEMBER 27, 2022
MICHAEL LABAGH,
RECREATION DIRECTOR
SUMMER OPERATIONS 2022
•Recreation Department programs
•Park and Facility rentals
•Code enforcement
•Park improvements
•Future improvements
•Community oriented special events –80 activations
A complete review of Special Events will occur on October 25, 2022, at a joint meeting with
the CASE Committee
Work Session: Summer Operations
September 27, 2022
RECREATION DEPARTMENT PROGRAMS
•Father’s Day Fun Run
•Outdoor fitness classes:
Yoga, Rhythm Renewal
Work Session: Summer Operations
September 27, 2022
RECREATION DEPARTMENT PROGRAMS
•Dunk-N-Dash Race Series
•Drop-In Open Water Swim
•Colorado Swimming Open Water
Swim Championships
•Water safety –Beaver Creek
XTERRA, SUP Race Series,
Summer’s End
Work Session: Summer Operations
September 27, 2022
RECREATION DEPARTMENT PROGRAMS
•2 v 2 Sand Volleyball
•Pickleball clinic, paddle demo
day, private lessons
•3 v 3 Outdoor Basketball
Tournament
Work Session: Summer Operations
September 27, 2022
PARK & FACILITY RENTALS
Work Session: Summer Operations
September 27, 2022
NAME # of RENTALS REVENUE
Lawn Games 10 $50.00
Picnic Shelters 39 $975.00
BOAT & SUP RENTALS -SUPCO
Work Session: Summer Operations
September 27, 2022
•Operating Hours: 10am-6pm
•Trailer and tent nestled between
trees
•Kayaks and pedal boats moved to
west to maintain available beach
space
•Boat rack purchased for SUP
storage
BOAT & SUP RENTALS -SUPCO
Work Session: Summer Operations
September 27, 2022
YEAR REVENUE
2017 $22,618
2018 $30,888
2019 $30,799
2020 $55,034
2021 $50,158
2022 YTD (May-July)$26,050
•15% SUP & Kayak rentals
•50% of Pedal Boat rentals
•SUPCO will operate through
Summer 2023
•Town will solicit proposals for
Summer 2024 operations
CODE ENFORCEMENT
Work Session: Summer Operations
September 27, 2022
•One Community Response Park
Ranger on duty, June -July
•188 calls for service
•Fewer criminal related
complaints/calls
•Dogs off-leash is a continuous
challenge (new signage ordered)
•Educational approach without
documenting warnings
PARK IMPROVEMENTS
•Throughout each Spring/Summer, Staff will continue to collect feedback
from staff, Town Council, Planning & Zoning Commission, Health & Rec
Committee and program and community surveys
•Work Sessions and/or written reports will be scheduled each Spring
through Fall to provide formal updates
•Written report provided June 3
•Council Work Session, September 27
Work Session: Summer Operations
September 27, 2022
Purpose of Work Session is to continue process of receiving formal Council
direction on operations and improvements within the park.
Work Session: Summer Operations
September 27, 2022
FUTURE PLANNING WORK
•Metcalf Cabin and Public Works &
Parks Garage
•Add to planning and design
schedule for 2023
Work Session: Summer Operations
September 27, 2022
OTHER COMMENTS
•Add cut stones around lake for fishing
and passive use
•Add slackline and/or hammock poles
•Increase trees to provide shade
•Add picnic tables around park
THANK YOU!
Work Session: Summer Operations
September 27, 2022
•Comments, Questions, Directions
•Need for more information?
•Need for more community input?
•Next steps?
2. WIDENING RECREATION PATH
•North side is heavily trafficked
•Wider path would improve experience and
functionality for emergency access and
public operations team
Work Session: Summer Operations
September 27, 2022
0.4 mile section
4. SHORELINE EROSION
•Work planned for Fall 2022
•Flat rocks and/or beach sand will be
added to the area to allow boat
launch access
•Lake liner slippery hazard
Work Session: Summer Operations
September 27, 2022
Work Session: Summer Operations
September 27, 2022
5. SOFT RECREATION PATH CONNECTION
•Heavily trafficked informal path
•Several hazards to walking; tree roots,
exposed liner, large rocks
•Improvements are not recommended due
to the hazard posed by crossing the
pond spillway. The improvement can
bring a false sense of safety the informal
path offers and attract more pedestrians.
Work Session: Summer Operations
September 27, 2022
7. FITNESS COURT (CURRENT LOCATION)
•Location invites inappropriate use by
children under 14
•Maintain concrete pad and improve
landscaping
•Recommendation: maintain concrete
pad, create larger picnic shelter for
special event and community rental
space
Work Session: Summer Operations
September 27, 2022
9. SOUTH LAKE LANDSCAPING
•Improve landscaping in this area
•Repair irrigation clocks
•Add cut stones in Fall 2022 or Spring 2023
Work Session: Summer Operations
September 27, 2022
10. LOWER FIELD RECREATION PATH
•A full inventory and assessment of
all Avon and Eagle Valley Trails
have been completed. Prioritization
for funding will be reviewed with
Council.
•Add shade trees and improve
landscaping
Work Session: Summer Operations
September 27, 2022
11. PEDESTRIAN CONNECTION TO LIFTVIEW APARTMENTS
•A site survey is scheduled to be
conducted for this area
Work Session: Summer Operations
September 27, 2022
12. RECREATIONAL PATH ALONG AVON WATER TREATMENT PLANT
•A site survey is scheduled to be
conducted for this area
Work Session: Summer Operations
September 27, 2022
14. RECONSTRUCTED PICKLEBALL, TENNIS & BASKETBALL COURTS
•Removed 1 tennis court, added
two pickleball courts
•Two basketball, two tennis, six
pickleball courts
•Lower athletic field –
recreational soccer and field
rentals
Work Session: Summer Operations
September 27, 2022
THANK YOU!
(970) 748-4413 matt@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Matt Pielsticker, AICP, Planning Director
RE: Ordinance 22-15: PUBLIC HEARING and Second Reading
Development Bonus Code Text Amendments
DATE: September 15, 2022
SUMMARY: This report and ordinance attachment (“Attachment A”) summarize a Code Text Amendment
application (“Application”) for Development Bonus code provisions. These amendments were initiated by
Town Council on August 23, 2022. The Application received a favorable recommendation from the
Planning and Zoning Commission (“PZC”) on September 6, 2022. First Reading of the Ordinance was
approved on September 13, 2022, with direction to make modifications to the Code Text language.
Development Bonus is a discretionary, flexible development review process allowing additional
development rights when a developer provides highly desirable and meaningful community enhancements
through their project. The Development Bonus process not only intends to foster additional Community
Housing units but projects with a high economic impact that enhance public improvements, which also
positively impacts the community.
UPDATES: At the September 13, 2022 meeting, Council provided direction to modify the draft text
amendment language. Following is a summary of the strikethrough changes, by section:
7.16.170(a) Purpose. The purpose of this section is to provide a discretionary process to facilitate
projects that would otherwise not be permitted by codified zoning and development standards.
Development bonuses may be awarded for proposed development projects in all zone districts in
accordance with this Section.
7.16.170(c) Review Procedures. Applications for development bonus shall follow the general
review procedures set forth in Section 7.16.020, An application for a development bonus shall be
submitted concurrently with the principal application for development of the property and shall
follow the notice and hearing requirements of the underlying development application. A public
hearing and recommendation by PZC, followed by a public hearing by Town Council is required
before the Town Council acts on an application for a development bonus. A development bonus
shall only be granted if the Town Council determines and makes specific findings that the
public benefit provided is sufficient to support the development bonus and will be effective
and binding on the Town only if the terms and conditions are contained stated in a
development agreement which contains provisions stating that the development bonus is
conditioned upon the performance and completion by the property owner of defined public benefits
offered for the development bonus.
7.16.170(d)(2) Economic Stimulus. Projects demonstrating a substantiated economic benefit to
the Town, that may not otherwise be achieved through the strict and literal interpretation of
development standards. Examples of economic stimulus include hotel developments that
significantly increases assessed property valuation the Town’s tax base, developments with
retail and commercial activation components that front public rights of way (i.e. guaranteed
below market rate), and redevelopment of underutilized buildings or portions thereof.
Page 2 of 5
7.16.170(d)(3) Public/Civic Space Enhancements. A development bonus may be awarded for
public enhancements such as parks, plazas, play areas, and other enhancements to public
pedestrian areas, public parking, civic spaces, and transit facilities. On-site pedestrian
enhancements and civic spaces shall be open to the public and shall be owned and maintained
by the property owner or owners’ association. Off-site pedestrian enhancements shall be no
further than 2,500 feet from the property boundary of the development. Ongoing maintenance of
public/civic improvements and other details are to be defined in a development agreement.
7.16.170(e)(2) Mitigation of Impacts. If impacts are presented by the requested development
bonus, they should shall be mitigated by the Applicant to the extent practicable. Town may
require an analysis and may require mitigation of the impacts on all public facilities, infrastructure,
and services which serve the property, including but not limited to public infrastructure, streets,
additional water rights required to serve the development, fire protection, ambulance services,
transit, parks, and recreation. Conditions to granting a development bonus may be necessary to
ensure harmony with the community.
7.16.170(f) Zoning and Development Standards. Reasonable Density development bonuses
may be approved for the following zoning and development standards:
PROCESS: Code Text Amendments can only be initiated by property owners and the Town Council. After
initiation, staff provided the necessary public notification before a hearing with PZC. PZC held a public
hearing and provided a recommendation to Town Council. Two readings of an Ordinance, with public
hearing, are required before final action.
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on August 25, 2022. No
public comments have been received.
OPTIONS: Town Council has the following options with the Application:
• Approve Second and Final Reading of Ordinance 22-15, as drafted
• Approve Second and Final Reading of Ordinance 22-15, with further changes
• Continue to future meeting date; or
• Direct Staff to formulate motion to Deny Application
DISCUSSION: It is not uncommon to see Development Bonus processes in other communities, which
work to provide tangible community benefits in exchange for increased development opporutnities. The
process would be completely discretionary for PZC and Town Council. This provides some level of
uncertaintly for developers at the front end when designing projects, however, the potential increase in
development rights will likely illicit more interest in projects.
TOWN COUNCIL INITIATION
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION
September 6
TOWN COUNCIL
ORDINANCE & PUBLIC HEARING
September 13 & 27
Page 3 of 5
Examples of Development Bonuses exist in other communities throughout Colorado. For example, the City
of Boulder has been working hard to incentivize affordable housing projects based on community benefits
through various bonuses (i.e., height and density). Longmont includes height, setback, density, and
parking variations for eligible housing projects. Recent code assessments undertaken in Larimer County,
the City of Grand Junction, and the City of Fort Collins have all determined that flexibility to their
development standards requires implementation through their codes as well.
While many of the other surveyed communities direct incentives towards local housing projects exclusively,
I feel that offering the same development review flexibility for high-impact projects that focus on existing
underutilized buildings is also worthwhile. In particular, a flexible development bonus would afford projects
that provide significant (measurable) economic impacts to the Avon community the incentive it may need to
redevelop. In doing so, Avon achieves reinvigoration of otherwise less-functional or dated developments,
while simutaneously, projects contribute to housing efforts through taxation and other existing mechanisms.
The community may also obtain viable public spaces, infrastructure improvements, or other valuable
amenities that may be lacking in older areas of town.
BACKGROUND: Planned Unit Development (PUD) zoning was a standard zone district within Avon for
thirty years. This customized zoning gave flexible development standards to projects through the
application approval process. Results and compatibility of development varied greatly, as did the resulting
community benefits for PUD negotiated projects. The Town adopted the unified land use code in 2010 to
bring the subdivision, zoning, and development standards together under one umbrella.
One of the primary goals of the unified land use code (“Title 7 - Development Code”) was to diminish the
PUD process to increase the compatibility of new projects by providing clear expectations for developers
and reviewing bodies through standard zoning requirements. Generally, the code works well with smaller
planning efforts and in the day-to-day governance of land use. More significant development projects are
becoming additionally challenging to achieve, as developable land and other opportunities decrease; the
code does not necessarily fit all new development situations equally. Redevelopment of older, more
significant buildings initially built through the PUD process may also have many inefficiencies and technical
issues to overcome, some of which would stimy reinvestment.
Earlier versions of a Development Bonus process were presented to the Town Council during the unified
land use code adoption in 2010, and again in 2019, when Inclusionary Zoning was reintroduced. In each
instance, Council removed these incentives from consideration. In 2022, conditions have changed that
now warrant review of this proposed code text amendment.
REVIEW CRITERIA: The Town Council must consider a set of review criteria when reviewing code
changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code (“AMC”)
§7.16.040, Code Text Amendments. Staff responses to each review criteria are provided below.
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
Staff Response: Added flexibility in the development review process, brought to PZC and Council for
consideration, encourages creativity in design and may mean the difference in achieving a good
project versus a great or highly beneficial project. Attracting local housing projects has been a
focused goal of the Town since the adoption of the Community Housing Plan (2018, updated 2021),
and post-covid, incentivizing new projects that result in attainable housing is more critical than ever.
Page 4 of 5
Staff has seen other jurisdictions respond to this reality by typically allowing new development
bonuses for added height and density to have projects pencil out and provide new units for their
jurisdictions without needing Variances- which would be likely unsuccessful to justify. Not being able
to support Variances may place the PZC (or Council) in a precarious situation, knowing that housing
is an essential focus of the Town's sustainability presently.
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: These amendments attempt to balance the structured development review
environment with (discretionary) flexibility incentives, which results in beneficial projects. One of the
most pressing needs for implementing a Development Bonus would be housing.
The Community Housing Plan seeks to achieve the Town's goals with "…both incentives and
regulations to create a policy environment that is favorable for local housing." Offering potential
community housing projects some level of design flexibility while maintaining the Development
Code's underlying goals is an intention supported by the Comprehensive Plan. Further, the Avon
Comprehensive Plan includes Policy A.1.1: Encourage redevelopment and revitalization of
outdated, rundown, or otherwise neglected areas. Development Bonuses are a way to promote
the creative reuse of underutilized or vacant properties in Town, thereby having the potential to
reshape outdated or inefficient development areas. Slight modifications to zoning standards can
leverage positive aspects of a project and may mean the difference between creating a desirable
project and not having new growth or redevelopment occur.
Updating land use regulations with new development tools is also supported by the Avon
Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the
Avon land use regulations and District Master Plans for innovative design approaches and
positive development outcomes. Introducing a Development Bonus option for new development
or redevelopment adds another potential avenue for growth that is entirely discretionary by Town
Council approval.
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals
and purposes for the Avon community that support Staff’s efforts to enhance the Avon Municipal
Code. These goals can be applied to both new development*, and redevelopment* when considering
that many projects are upwards of 40 years old and may be defficent, or lacking in effective design
elements. The most relevant goals that may be applied to both *scenarios include the following:
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(d) Avoid [or alleviate] undue traffic congestion and degradation of the level of service provided by
streets and roadways, promote effective and economical mass transportation and enhance
effective, attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
Page 5 of 5
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of
all public services and public facilities, including but not limited to water, sewage, schools,
libraries, police, parks, recreation, open space and medical facilities;
(l) Promote architectural design which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve efficiency,
reduce energy consumption, reduce emission of pollutants, reduce consumption of non-
renewable natural resources and attain sustainability;
(n) 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;
Staff Response: Inflexible design standards result in many Variance applications (which may be
challenging to achieve relief from under the typical intention of Variances); it is not good practice to
use Variances for development design purposes. When trying to encourage new development and
redevelopment, Avon needs the appropriate tools to make targeted projects the best for the
community. By providing discretionary flexibility where strict application of the standards would
otherwise create unnecessary difficulties or achieve projects not reflective of the needs of Avon in
2022, appropriate growth and better, more creative design may occur.
(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 directly respond to trends in the development review
processes by offering limited development standard incentives to projects that meet Town goals or
could meet Town goals with minimal assistance. Having the tools to ensure that new growth and
development contribute positively to the community’s quality of place allows Avon to develop
reflectively in response to modern community needs and avoids repetitive code amendments to “keep
up” with changing conditions. If we have learned anything from the recent pandemic, communities
must be adaptive when systems change. E.g., skyrocketing land costs and construction materials
trigger rethinking of project design, thus; resulting in minimalized projects that cannot afford to offer
warranted yet very costly community benefits.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1),
General Criteria, which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
Page 6 of 5
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 sufficient
information exists to allow Council to review this application with the review criteria. Further, this
code text amendment application complies with the Avon Comprehensive Plan and, specifically,
the 2021 Avon Community Housing Plan. This code text amendment application will not impact
demands for public services or infrastructure because it is not a development application; instead, it
simply offers provisions that support the existing development code while enhancing Avon’s tools in
helping improve and incentivize better design. If the changes are approved, future Development
Bonus applications would be reviewed on a case by case basis to determine whether public
services and/or infrastructure would be impacted.
PROPOSED MOTION: “I move to approve second reading of Ordinance 22-15, approving Code Text
Amendments for Development Bonuses.”
Thank You, Matt
ATTACHMENT A: Ordinance 22-15
EXHIBIT A: Development Bonus Code Text Amendments
Ord 22-15 Development Bonus Code Text Amendments – September 27, 2022, Town Council
Page 1 of 3
ORDINANCE 22-15
AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE
DEVELOPMENT BONUS CODE TEXT AMENDMENTS
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”) initiated a
Code Text Amendment application to modify Title 7 of the Avon Municipal Code (“AMC”),
incorporating a new section pertaining to Development Bonuses, intended to facilitate creative
projects that would otherwise not be permitted by codified zoning and development standards; and
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on September 6, 2022, took action to made
a recommendation for Town Council approval of 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 a public hearing on September 27, 2022, and
prior to taking final action considering all comments, testimony, evidence and Town Staff reports;
and then took action by approving this Ordinance; and
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered
the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application complies with AMC §7.16.040(c), Review Criteria, and is consistent
with the Comprehensive Plan’s goal of providing a balance of land uses while contemplating and
attracting new development and redevelopment in the Town of Avon through the use of
discretionary Development Bonus provisions; and
WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon
community by providing this flexibility to developers in exchange for community benefits like new
housing, economic benefits, and/or public or civic space enhancements, which without this tool, may
dissuade or prohibit desirable projects or redevelopment from occurring; and
ATTACHMENT A
Ord 22-15 Development Bonus Code Text Amendments – September 27, 2022, Town Council
Page 2 of 3
WHEREAS, this amendment will provide the discretionary tools necessary for Town Council to
achieve good quality projects with increased community benefits for the Town of Avon; and
WHEREAS, these text amendments provide incentives to provide a policy environment that is
favorable for local housing projects, as directly supported by the Avon Community Housing Plan; 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 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 prior to any final action prior to concluding the public hearing on second reading.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Code Text Amendments. AMC §7.16.170, AMC Table 7.16-1 and AMC §7.28.020
are hereby amended as depicted in “Exhibit A – Development Bonus Code Text Amendments” with
strike-out depicting language to be deleted and underline depicting language to be added.
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 has passed this Ordinance and each provision thereof, even though any
one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term
“provision” means and includes any part, division, subdivision, section, subsection, sentence, clause
or phrase; the term “application” means and includes an application of an ordinance or any part thereof,
whether considered or construed alone or together with another ordinance or ordinances, or part
thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption
in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated
for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The Town Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
ATTACHMENT A
Ord 22-15 Development Bonus Code Text Amendments – September 27, 2022, Town Council
Page 3 of 3
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect
any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any
cause or causes of action acquired or existing which may have been incurred or obtained under any
ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision
thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining
in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions,
for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment,
decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings,
or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and
shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings,
actions, hearings, and appeals pending before any court or administrative tribunal.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to
recording information and make similar changes, and to correct any typographical, grammatical, cross-
reference, or other errors which may be discovered in any documents associated with this Ordinance
and documents approved by this Ordinance provided that such corrections do not change the
substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on September 13, 2022, and setting such public hearing for
September 27, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on September 27,
2022.
BY: ATTEST:
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
ATTACHMENT A
EXHIBIT A TO ORDINANCE 22-15
DEVELOPMENT BONUS CODE TEXT AMENDMENTS
Section 7.16.170 Development Bonus
Development bonus means the approval of development project which differs from the minimum or
maximum zoning as a means to provide an incentive for a development project that provides one or
more desired public benefits described in this Section.
Development bonus type means the type of public benefit proposed by the development project that
corresponds to one of the listed types in section (d) below.
(a) Purpose. The purpose of this section is to provide a discretionary process to facilitate
creative projects that would otherwise not be permitted by codified zoning and development
standards. Development bonuses may be awarded for proposed development projects in all
zone districts in accordance with this Section.
(b) Applicability. Development bonuses will be considered when the Applicant has
demonstrated substantiated community benefits that would not otherwise be achieved
through the strict or literal compliance with the zoning and development standards outlined
in Section 7.16.170(f).
(c) Review Procedures. Applications for development bonus shall follow the general review
procedures set forth in Section 7.16.020, An application for a development bonus shall be
submitted concurrently with the principal application for development of the property and
shall follow the notice and hearing requirements of the underlying development application.
A public hearing and recommendation by PZC, followed by a public hearing by Town Council
is required before the Town Council acts on an application for a development bonus. A
development bonus shall be granted if the Town Council determines and makes specific
findings that the public benefit provided is sufficient to support the development bonus and
will be effective and binding on the Town only if the terms and conditions are contained in a
development agreement which contains provisions that the development bonus is
conditioned upon the performance and completion by the property owner of defined public
benefits offered for the development bonus.
(d) Development Bonus Types. A development bonus will only be considered for the public
benefits in the categories defined in this sub-section (d). Multiple development bonuses may
be awarded by the Town Council and may be applied cumulatively to a project or property.
Development bonus proposals may include one or more of the following types:
(1) Community Housing. Provision of Community Housing in excess of Employee Housing
Mitigation standards required by Section 7.20.100.
(2) Economic Stimulus. Projects demonstrating a substantiated economic benefit to the
Town, that may not otherwise be achieved through the strict and literal interpretation of
development standards. Examples of economic stimulus include hotel developments
that significantly increases the Town’s tax base, developments with retail and commercial
activation components that front public rights of way, and redevelopment of underutilized
buildings or portions thereof.
EXHIBIT A TO ORDINANCE 22-15
DEVELOPMENT BONUS CODE TEXT AMENDMENTS
(3) Public/Civic Space Enhancements. A development bonus may be awarded for public
enhancements such as parks, plazas, play areas, and other enhancements to public
pedestrian areas, public parking, civic spaces, and transit facilities. On-site pedestrian
enhancements and civic spaces shall be open to the public. Off-site pedestrian
enhancements shall be no further than 2,500 feet from the property boundary of the
development. Ongoing maintenance of public/civic improvements and other details are
to be defined in a development agreement.
(e) Review Criteria. The following criteria shall apply for the reviewing body when evaluating
development bonus proposals:
(1) Impacts do not outweigh benefits. External impacts of requested development bonuses
on the public, adjacent property owners, or the Avon community do not outweigh the
public benefits.
(2) Mitigation of impacts. If impacts are presented by the requested development bonus, they
shall be mitigated by the Applicant to the extent practicable. Town may require an
analysis and may require mitigation of the impacts on all public facilities, infrastructure,
and services which serve the property, including but not limited to public infrastructure,
streets, additional water rights required to serve the development, fire protection,
ambulance services, transit, parks, and recreation. Conditions to granting a development
bonus may be necessary to ensure harmony with the community.
(3) Location and design. The location and design of any contribution towards public parking,
transit, pedestrian enhancement, streetscape improvement, or civic facilities shall take
into consideration functionality, current and projected demand, and long-term
maintenance and operation costs, and shall include such legal documents as are deemed
necessary and acceptable to the Town.
(f) Zoning and Development Standards. Reasonable development bonuses may be approved
for the following zoning and development standards:
(1) Parking. The minimum parking requirements may be reduced.
(2) Building Height. The maximum building height may be exceeded.
(3) Landscape Area. The minimum landscape area may be reduced.
(4) Density. The maximum density may be exceeded.
(5) Setback. The minimum setbacks may be reduced.
(6) Lot Coverage. The maximum lot coverage may be exceeded.
EXHIBIT A TO ORDINANCE 22-15
DEVELOPMENT BONUS CODE TEXT AMENDMENTS
Table 7.16-1: Development Review Procedures and Review Authority
Procedure Notice Requirements* Director PZC TC
Comprehensive Plan Amendment
(§7.16.030)
R H-R H-D
Code Text Amendment (§7.16.040) R H-R H-D
Rezoning (§7.16.050) M R H-R H-D
Planned Unit
Development
(§7.16.060)
Administrative PUD D A
Minor PUD Amendment M R H-R H-D
Lot Split PUD
Amendment for
Wildridge PUD
M R H-R H-D
Major PUD Amendment M R H-R H-D
Preliminary PUD M R H-R H-D
Final PUD M R H H-D
Subdivision
(§7.16.070)
Administrative
Subdivision
D A
Minor Subdivision D A
Preliminary Plan M R H-R H-D
Final Plan M R H-D
Development
Plan (§7.16.080)
Minor D or R H-D A
Major R H-D A
Major in Town Core R H-R H-D
Special Review Use (§7.16.100) M R H-D A
Variance (§7.16.110) M R H-D A
Alternative Equivalent Compliance
(§7.16.120)
R R-D or
R
A or R-
D
Right-of-way Vacation (§7.16.130) M R H-D
Vested Property Right (§7.16.040) M R H-R H-D
Location, Character and Extent (§7.16.150) R H-D A
Sign Plan
(§7.16.160)
Minor D or R H-D A
Major R H-D A
Development Bonus (§7.16.170) M R H-R H-D
Appeal (§7.16.1780) H-D
Annexation (§7.36) M R H-R H-D
1041 Permit (§7.40) R H-R H-D
Historic and/or Cultural Preservation
Designated (§7.50)
H-D
EXHIBIT A TO ORDINANCE 22-15
DEVELOPMENT BONUS CODE TEXT AMENDMENTS
7.28.020. Parking and Loading
(h) Off-Site Parking.
(1) Applicability. Off-site parking shall refer to any parking area which is provided and required to
meet the minimum parking standards in this Development Code and which is located on a separate
lot or ownership interest than the use, structure or lot which the parking serves.
(2) Planned Unit Development. Establishment of off-site parking may only be established as
by approval of a planned unit development.
(3 2) Design and Location. Off-site parking shall have a direct, adequate and convenient pedestrian
connection to the use, structure or lot which such parking serves and shall not be located more than
five hundred (500) feet from the use, structure or lot which it serves.
(4 3) Control of Off-Site Parking Facilities. In cases where off-site parking facilities are permitted,
such facilities shall be owned and in the same identical ownership as the use, structure or lot which
the parking serves.
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Tim Thompson, Project Engineer
RE: Notice of Award – 2022 Bus Shelter Pads Construction
DATE: September 21, 2022
SUMMARY: Staff requests Council authorization to issue a Notice of Award for the construction of six (6)
Bus Shelters Pads and installation of the new shelter structures to Hess Contracting, Inc. Hess Contracting
bid is $202,969 and is $25,000 less than the second bid submitted by RA Nelson. Hess Contracting has
successfully completed several projects for the Town including construction of the Avon Station bus shelter,
and remodeling of Harry A. Nottingham Park restrooms.
DISCUSSION: The 2022 Capital Projects Fund budget includes $270,000 for bus shelters to be located at
the following locations (Attachment A):
• East Benchmark Road near Loaded Joe’s
• Beaver Creek Place near American National Bank
• Eaglebend Drive west of the apartments
• Swift Gulch Road near Buffalo Ridge Building 3
• West Beaver Creek Blvd near Westgate Plaza
• Hurd Lane near Avon Crossing/Canyon Run
The Capital Projects Fund also includes one additional location, East Beaver Creek Blvd near the west side
of Piedmont Apartments. Traer Creek Metro District will construct the bus shelter pad next year as part of
the East Beaver Creek Blvd extension. The Town purchased the shelter as part of the spring 2022 bus
shelter fabrication order approved by Council at the March 22, 2022, meeting. For reference, the Council
memo is included in Attachment B.
The bus shelters weigh 1.5 tons and cannot be supported with a standard 4” concrete sidewalk. The bus
shelters require a structurally designed concrete pad with 1.5’ thick footers reinforced with rebar. The pads
are 4-FT wide and 11-FT long and include an additional 12-FT concrete to accommodate a bench and
trash/recycle containers. The Eagle Bend North and Buffalo Ridge West bus stops include space for the
Shift E-Bike Share stations. At least 4 sites require relocating the underground electric for the streetlights
and the cost is included in the bid. Construction at each site is scheduled for 14-days and the bus stop will
be closed during construction.
Page 2 of 3
Photo: Detail of Structurally Designed Concrete Pad
The shelters pads construction project was bid out on Bidnet Direct and two (2) local construction
contractors responded: Hess Contracting, Inc. for $203,969 and RA Nelson, LLC for $228,4 82. I
recommend issuance of Notice of Award to the low bidder, Hess Contracting, Inc., and they have a proven
track record of constructing bus shelters pads for the Town of Avon.
PHOTO: Town of Avon Standard Bus Shelter
CONSTRUCTION SCHEDULE: The construction performance period is 8 weeks, and the project is
scheduled to begin on October 5, 2022. Liquidated damage for failure to complete the work by December
1st, is $1,500 per day and will be doubled to $3,000 per day after January 1, 2023.
FINANCIAL CONSIDERATIONS: The 2022 Capital Projects Fund (“CPF”) budget includes $270,000 for
installation of the bus shelters, which includes both the shelters and their installation. The cost of the bus
shelters is $62,000 higher than planned for in the project budget. As reflected in the bids, the concrete
base and installation bids also came in higher than budgeted. The higher costs are a result of the current
difficult and inflationary bidding and construction environment.
Page 3 of 3
PROPOSED BUS SHELTER PROJECT BUDGET
Design $ 20,510
Shelter Fabrication $191,758
Survey $ 15,912
Concrete Pad and Shelter Installation $203,969
Inspection and Testing $ 10,000
Contingency $ 20,000
Recommended Revised Budget $ 462,550
RECOMMENDATION: I recommend Council authorization to award to the low bidder, Hess Contracting,
Inc. for $203,969 and adjust the project budget to $ 462,550.
PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the bus shelters pads
construction to the low bidder, Hess Contracting, in the amount of $203,969 and adjust the project budget
to $462,550.”
Thank you, Tim
Attachment A: Bus Shelter Locations
Attachment B: March 18, 2022, Council Report for Notice of Award for Bus Shelters
Attachment C: Construction Agreement for Bus Shelters Pads Construction Project
Attachment D: Contractor Proposal
BUS SHELTER LOCATIONS Legend
4000 ft
N
➤➤
N
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Justin Hildreth, Town Engineer
RE: Notice of Award – 2022 Bus Shelters
DATE: March 18, 2021
SUMMARY: This report presents a Notice of Award for seven (7) Bus Shelters to Lacor Streetscape, LLC
in the amount of $192,458.
DISCUSSION: The 2022 Capital Projects Fund budget includes $270,000 for bus shelters to be located at
the following locations:
• East Beaver Creek Blvd near the west side of Piedmont Apartments
• East Benchmark Road near Loaded Joe’s
• Beaver Creek Place near American National Bank
• Eaglebend Drive west of the apartments
• Swift Gulch Road near Buffalo Ridge Building 3
• West Beaver Creek Blvd near Westgate Plaza
• Hurd Lane near Avon Crossing/Canyon Run
The bus shelter style will match the existing shelters located at the Comfort Inn and City Market bus stops.
The shelters are black, contain a bench and have an arched roof.
PHOTO: Town of Avon Standard Bus Shelter
Page 2 of 2
The shelters were bid out to 5 companies that specialize in pre-fabricated bus shelters. We received 2
bids, one from Lacor Streetscape in the amount of $192,458 and another from Panel Built Inc. in the
amount of $197,080.
I recommend issuance of Notice of Award to the low bidder, Lacor Streetscape. Lacor Streetscape is
based in Phoenix, Arizona and has a proven track record of constructing bus shelters for the Town of Avon.
CONSTRUCTION SCHEDULE: The lead time for the shelters is approximately three months and
construction will begin in the summer once shelters are delivered. Town Staff will procure installation of the
concrete bases and placement of the shelters under separate contract.
FINANCIAL CONSIDERATIONS: The current Capital Projects Fund (“CPF”) budget includes $270,000 for
installation of the bus shelters. The cost of the 7 bus shelters is $62,000 higher than planned for in the
project budget. We anticipate that the concrete base and installation bids will also come in higher than
budgeted. The higher costs are a result of the current difficult and inflationary bidding and construction
environment. Council can direct staff to install 4 shelters and keep the project within the current budget or
move forward with 7 shelters and amend the project budget once the installation bids are received.
RECOMMENDATION: I recommend Council authorization to award the Bus Shelter Fabrication contract to
the low bidder, Lacor Streetscape, in the amount of $192,458 for seven shelters.
PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the fabrication of seven
bus shelters to the low bidder, Lacor Streetscape, in the amount of $192,458.”
Thank you, Justin
CA-1
CONSTRUCTION AGREEMENT
Bus Shelters Pads Construction Project
THIS AGREEMENT is dated as of the ____ day of _______________ in the year of 2022 by
and between:
Town of Avon, Colorado (hereinafter called OWNER) and ____________________(hereinafter
called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as Bus Shelters Pads Construction
Project:
Construction of six (6) concrete bus shelter pads and setting a new pre-fabricated bus
shelters (1.5 ton) on each pad per engineered drawings. Surveying, saw cutting,
excavation and disposal of existing concrete, bollards installation (4), shallow utilities
and possible sprinkler line relocation, seeding/mulching, and safety barricades to control
traffic and pedestrians are the general tasks required.
Article 2. ENGINEER
The Town of Avon, Colorado, Town Engineer, hereinafter called ENGINEER, will assume all
duties and responsibilities and will have the rights and authority assigned to ENGINEER and
OWNER in the Contract Documents in connection with completion of the Work in accordance
with the Contract Documents.
Article 3.
3.1
Article 4.
4.1
Article 5.
5.1
CONTRACT TIME
The Work will be completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions. All work will be completed between
the dates of October 5, 2022 and November 30, 2022.
CONTRACT PRICE
OWNER shall pay CONTRACTOR for performance of Work in accordance with
the Contract Documents, in current funds, as follows:
(see attached copy of Contractor’s Proposal PR-1 dated _________)
PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with Article 14
CA-2
of the General Conditions. Applications for Payment will be processed by
ENGINEER, as provided in Article 14 of the General Conditions.
Article 6. CONTRACTOR’S REPRESENTATIVES
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the
contract documents, Work, locality, and with all local conditions and federal,
state, and local laws, ordinances, rules and regulations that in any manner may
affect the cost, progress, or performance of the Work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting the
cost, progress, or performance of the Work which were relied upon by
ENGINEER in the preparation of the Contract Documents, and which have been
identified in the Special Conditions.
6.3 CONTRACTOR has made or caused to be made examinations, investigations,
tests, and studies of such reports and related data in addition to those referred to in
paragraph 6.2, as he deems necessary for the performance of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents; and no additional examinations,
investigations, tests, reports, or similar data are or will be required by
CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the
Contract Documents.
6.5 CONTRACTOR has given ENGINEER any conflicts, errors or discrepancies that
he has discovered in the Contract Documents, and the written resolution thereof
by ENGINEER is acceptable to CONTRACTOR.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:
7.1 Proposal (page P-1)
7.2 Instruction to Bidders (pages IB-1 to IB-6)
7.3 Performance and Labor & Materials Bonds
7.4 Notice of Award (page NA-1)
CA-3
7.5 Construction Agreement (pages CA-1 to CA-5)
7.6 Notice to Proceed (page NP-1)
7.7 General Conditions (pages GC-1 to GC-45 , inclusive)
7.8 Special Conditions (pages SC-1 to SC-12 , inclusive)
7.9 Plans, consisting of a sheets listed below by number, title, date and revision
number with each sheet:
SHEET DESCRIPTION
C-0 COVER SHEET C-1 BUS SHELTER – LOADED JOE’S C-2 BUS SHELTER – ANB BANK C-3 BUS SHELTER – AVON CROSSING / CANYON RUN C-4 BUS SHELTER – EAGLE BEND NORTH C-5 BUS SHELTER – WESTGATE PLAZA C-6 BUS SHELTER – BUFFALO RIDGE WEST T1.0 TITLE SHEET A1.1 PLANS 7 ELEVATIONS A3.1 SECTIONS / DETAILS S-1 STRUCTURAL GENERAL NOTES S-2 STRUCTURAL GENERAL NOTES S-3 STRUCTURAL PLANS S-4 STRUCTURAL DETAILS Z-1 LACOR AVC10 SHOP DRAWINGS PACKAGE X-1 AERIAL PHOTOS OF BUS STOP LOCATIONS
7.10 Addenda numbers to N/A , inclusive
7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
, inclusive)
7.12 Any Modification, including Change Orders, duly delivered after execution of
Agreement.
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended, or repealed by modifications (as defined in Article 1
of the General Conditions).
Article 8. MISCELLANEOUS
8.1 Terms used in this Agreement, which are defined in Article 1 of the General
Conditions, shall have the meanings indicated in the General Conditions.
CA-4
8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically but without limitation, monies that
may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law); and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
8.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns, and legal representatives to the other party hereto, his partners,
successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
Article 9. OTHER PROVISIONS
9.1 Pursuant to Section 24-91-103.6, C.R.S., the Owner hereby states that it has
appropriated an amount equal to or in excess of the Contract amount. Owner
shall not issue a Change Order or other form of order or directive requiring
additional compensable work to be performed, which work causes the aggregate
amount payable under the Contract to exceed the amount appropriated for the
original Contract, unless Contractor is given written assurance by the public entity
that lawful appropriations to cover the costs of the additional work have been
made.
CA-5
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All
portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on ____________, 2022.
OWNER, Town of Avon, Colorado
By
Attest
Address for giving notices:
CONTRACTOR,
By
Attest
Address for giving notices:
License No.
Agent for service of process:
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 13, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:00:01
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith
Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council
members present in person were Tamra Underwood, RJ Andrade, and Scott Prince. Present via Zoom was
Council member Lindsay Hardy. Council member Chico Thuon and Mayor Pro Tem Amy Phillips were
absent. Also present in person were Public Works Director Eva Wilson, Planning Director Matt Pielsticker,
Recreation Director Michael Labagh, Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town
Manager Eric Heil, Deputy Town Manager/Town Clerk Patty McKenny, General Government Manager
Ineke de Jong, and Deputy Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:36
There were no changes made to the agenda.
Councilor Prince moved to approve the agenda as presented. Councilor Underwood seconded the
motion and the motion passed with a vote of 5 to 0. Councilor Thuon and Mayor Pro Tem Phillips were
absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:09
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:18
Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that
this public comment section is intended for items not listed in the agenda and is limited to 3 minutes.
Jim Telling with East West Partners commented in person. He thanked Council and staff at the Town of
Avon for the support for all Riverfront Projects on the last years.
No virtual comments were made.
5. BUSINESS ITEMS
5.1. APPOINTMENTS FINANCE COMMITTEE MEMBERS (GENERAL GOVERNMENT MANAGER INEKE DE JONG)
Video Start Time: 00:03:12
General Government Manager Ineke de Jong introduced the topic and explained four
applications were received for four open seats. The four applicants were present in person ,
they introduce d themselves and answer ed Council questions.
Councilor Andrade moved to appoint Terry Nolan, Lisa Post, Clark Rogers , and John Widerman
to the Avon Finance Committee. Councilor Prince seconded the motion and the motion passed
with a vote of 5 to 0. Councilor Thuon and Mayor Pro Tem Phillips were absent.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 13, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
5.2. PUBLIC HEARING: RESOLUTION 22-20 APPROVING 2ND AMENDMENT TO 2022 BUDGET (FINANCE DIRECTOR SCOTT
WRIGHT)
Video Start Time: 00:21:31
Town Manager Eric Heil introduced the topic, and he briefly explained the proposed additional
expenditures of $523,260. He mentioned there are two positions that are important to hire
soon, the Building Inspector for the Community Development Department and the
Administrator Technician for the Public Works Department .
Finance Director Scott Wright presented in person and clarified there are two typos in the
amounts on the bottom of page 23 in the report , increased building permit revenues should be
$924,200 and the plan check fees should be $603,633, but both are correct in the revenue detail
report .
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Prince moved to approve Resolution 22 -20 Amending the 2022 Town of Avon Budget.
Councilor Underwood seconded the motion and the motion passed with a vote of 5 to 0.
Councilor Thuon and Mayor Pro Tem Phillips were absent.
5.3. WORK SESSION: BROADBAND UPDATE (IT MANAGER ROBERT MCKENNER AND PUBLIC WORKS DIRECTOR EVA
WILSON AND TOWN MANAGER ERIC HEIL)
Video Start Time: 00:48:00
Town Manager Eric Heil took Council through a PPT presentation and IT Manager Robert McKenner
responded several Council questions.
Mayor Pro Tem Phillips joined the meeting in person at 6:19 p.m.
Councilor Prince requested to invite Comcast to present their perspective on Project THOR. Councilor
Underwood requested all seven ISP providers to be invited, as well as a representative from Project
Thor to speak to the project and answer questions.
Town Manager Eric Heil explained there can be more discussion at the September 30th budget retreat
and possibly have another work session on one of the two October agendas. After Council discussion,
majority consensus was to include this in the 2023 budget.
5.4. WORK SESSION: TAKE HOME P OLICE VEHICLES (SGT. J OHN MACKEY)
Video Start Time: 01:37:29
Chief of Police Greg Daly introduced the topic and Sergeant John Mackey presented a PPT
presentation and explained the rational of this Individually Assigned Take Home Program. Sgt.
Mackey mentioned that APD is the only agency in Eagle County that does not have this program. He
expressed this affects in the recruitment and retention of staff.
Town Manager Eric Heil explained the $387,507 is proposed to come from the CIP budget and the
$126,294 is proposed to come from PD’s budget. He expressed he supports this program.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 13, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Councilor Hardy said when she sees an APD vehicle on the road she feels proud and that this
increases policing and is a reminder that the community is safe. Councilor Underwood requested to
establish a distance perimeter restriction so there are no officers commuting from Denver and
proposed a 50 miles boundary. Mayor Pro Tem Phillips suggested to include Leadville. Chief Daly
mentioned the Sheriff’s Office currently has a limit of 40 miles outside Eagle County lines and that
he will discuss this with Town Manager Eric Heil.
All Council members supported this program and to proceed on getting the vehicles ordered now,
outside of the budget cycle, to hopefully get them by July 2023.
5.5. FIRST READING OF ORDINANCE 22-13 ENACTING TITLE 8, CHAPTER 6 RECYCLING REQUIREMENTS
(SUSTAINABILITY COORDINATOR CHARLOTTE LIN)
Video Start Time: 01:58:55
Sustainability Coordinator Charlotte Lin presented a recap of recycling requirements, a
summary of her research, and the implementation plan . Susanne Johnson, co -owner of Vail
Valley Waste was present in person to listen and help with questions . She expressed she
appreciates being involved and commented on the bear resistant bins .
Councilor Andrade said single -stream is better and easier. Mayor Smith Hymes mentioned the
Waste Wizard App and said this is a gre at resource and it should be part of the educational
campaign and customized to Avon. Councilor Underwood felt strongly that the ordinance
should be uniformly applied to include single -family homes and add language that they can use
lot 5 in lieu of curbside pickup , Councilor Hardy supported her comments . Mayor Pro Tem
Phillips said the starting date of January 1, 2024 is not a good date and suggested to have an
effective date of November 1, 2023.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to approve first reading of Ordinance 22 -13 thereby adopting a
new Chapter 6 of Title 8 of the Avon Municipal Code establishing recycling requirements,
including hauler reporting and universal recycling in the Town of Avon , with the modification
to include single residences and an effective date of Nov ember 1, 2023. Mayor Pro Tem Phillips
seconded the motion and the motion passed with a vote of 5 to 1. Councilor Andrade v oter no
and Councilor Thuon was absent.
5.6. FIRST READING OF ORDINANCE 22-14 APPROVING PURCHASE AND SALE OF REAL PROPERTY (TOWN MANAGER
ERIC HEIL)
Video Start Time: 03:06:51
Town Manager Eric Heil explained the property presented for acquisition is Unit 1B, Sherwood
Meadows, which is a three -bedroom townhome adjacent to the Unit 1A , is currently owned by
the Town, and that the determination of the purchase price should be completed before second
reading.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 13, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to approve first reading of Ord inance 22-14 Approving Purchase
and Sale of Real Property . Mayor Pro Tem Phillips seconded the motion and the motion passed
with a vote of 5 to 0. Councilor Prince was away, and Councilor Thuon was absent.
5.7. FIRST READING OF ORDINANCE 22-15 AMENDING THE AVON DEVELOPMENT CODE, ADOPTING DEVELOPMENT
BONUS PROVISIONS (PLANNING DIRECTOR MATT PIELSTICKER )
Video Start Time: 03:10:36
Planning Director Matt Pielsticker took Council through the presentation. He said this went to
a Planning and Zoning Commission public hearing and now it is back to Council with their
recommendations.
Councilor Underwood requested many editions and Mayor Smith Hymes pointed out a typo.
Mayor Pro Tem Phillips moved to appr ove first reading of Ord inance 22-15 Code Text
Amendments for Development Bonuses , with modifications as outlined by Councilor
Underwood and Mayor Smith Hymes, with second reading scheduled for September 27 th.
Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor
Thuon was absent.
5.8. LETTER OF SUPPORT FOR CORE ACT (GENERAL GOVERNMENT MANAGER INEKE DE JONG)
Video Start Time: 03:38:05
General Government Manager Ineke de Jong presented the draft letter in the packet. Councilor
Underwood expressed she supports the letter but would strike bi -partisan and replace with
non-partisan.
Councilor Underwood moved to approve to send the letter as proposed with that one change.
Councilor Andrade seconded the motion and the motion passed with a vote of 5 to 0. Mayor
Pro Tem Phillips was out of the room and Councilor Thuon was absent .
5.9. FAMLI STATE LEGISLATION REVIEW (TOWN MANAGER ERIC HEIL ; CHIEF HUMAN RESOURCES OFFICER LANCE
RICHARDS)
Video Start Time: 03:41:32
Chief Human Resources Officer Lance Richards presented . He explained the Family and Medical
Leave Insurance (FAMLI) program and said that the law allows local governments to opt out of
participation by a vote of the governing body. He mentioned he is looking for Council direction
tonight and will bring back a reso lution at a future meeting .
Councilor Underwood expressed that the employees deserve the opportunity to spend their
$300/yr to buy this insurance with the Town’s support, but do not think the Town should pay
the $44,000 into it and then force every emplo yee to buy an insurance that they might never
use. Council supported her suggestion.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 13, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
5.10. NOTICE OF AWARD FOR THE METCALF CULVERT (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 04:03:53
Town Engineer Justin Hildreth presented the notice of award and expressed this is the third
time this has come before Council and that the project will take place on October .
Mayor Smith Hymes pointed out a change that needs to be fixed in the contract regarding the
timeline. Town Attorney Karl Hanlon mentioned he and staff will do one more scrub on the
contract before it goes out. Councilor Prince asked about the guarantee. Town Engineer Justin
Hildreth responded there is a 2-year guarantee.
Councilor Andrade moved to authorize the issuance of Notice of Award for the Metcalf Road
Culvert Repair Project contract to Advanced Shotcrete, Inc. in the amount of $265,000 as
approved by the Town of Avon Capital Projects Fund. Councilor Underwood secon ded that
motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent.
5.11. NOTICE OF AWARD US6 MOBILITY IMPROVEMENTS (PUBLIC WORKS DIRECTOR EVA WILSON)
Video Start Time: 04:08:03
Public Works Director Eva Wilson presented the design and the notice of award for the US6
Safety and Mobility Improvement Project . She mentioned the project received a grant and
explained to detail the roundabout at the Stonebridge crossing map on page 241 in the packet .
Councilor Underwood expressed that the County should take some responsibility on this .
Mayor Pro Tem Phillips moved to authorize the issuance of Notice of Award for the US 6
Mobility Improvement Project: Task Order 2.2. Final Design to Stolfus and Associates in the
amount of $252,402 as approved by the Town of Avon Capital Projects Fund. Councilor Andrade
seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent.
5.12. APPOINTMENT OF INGA CAUSEY AS INTERIM TOWN PROSECUTOR (TOWN MANAGER ERIC HEIL)
Video Start Time: 04:20:34
Town Manager Eric Heil explained that Elizabeth Pierce Durance has moved to New Zealand and is
proposing to appoint an interim Town Prosecutor.
Councilor Prince moved to appoint Inga Causey as the interim Town Prosecut or. Mayor Pro Tem
Phillips seconded that motion and the motion passed with a vote of 6 to 0. Councilor Thuon was
absent.
6.MINUTES
6.1. APPROVAL OF AUGUST 23, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN MANAGER/TOWN CLERK
PATTY MCKENNY)
Video Start Time: 04:22:12
Councilor Andrade and Councilor Underwood pointed out some typos on item 9.1 .
Councilor Underwood moved to approve the minutes from August 23, 2022 as amended. Mayor
Pro Tem Phillips seconded th e motion and the motion passed with a vote of 6 to 0. Councilor
Thuon was absent.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 13, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
7. WRITTEN REPORTS
7.1. September 6, 2022 Planning & Zoning Commission Meeting Abstract (Planner 1+ Max Morgan)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 04:24:07
Councilor Underwood thanked public operations for doing worthy repair projects all around Town. She
also thanked CASE Manager Danita Dempsey, Planning Director Matt Pielsticker and other staff for their
work on the historical markers, the third one got installed today.
Councilor Prince expressed he attended the special event on Labor Day at the park. He questioned the
fencing with controlled entrances and expressed a lot of people complained and it created an unfriendly
experience for visitors. He expressed he does not think the fencing, security and bag checks are worth it,
unless it is a very big event. Town Manager Eric Heil explained these measures are for liquor license
boundary purposes, particularly for events with over 1,000 people, but staff will assess.
Mayor Pro Tem Phillips commented that all AvonLIVE! concerts have very similar fencing and
checkpoints, and that the Town needs to control the liquor license boundaries as the bar is open.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:35 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Deputy Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
970-748-4019 jmccracken@avon.org
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – July and August 2022 Data
DATE: September 15th, 2022
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for July 2022 and the recreation fees and real estate transfer tax revenues for August
2022.
BACKGROUND: The Town’s 2022 budget was adopted in December 2021. There have not been any
subsequent revisions to the adopted budget so far in 2023. The percentage variance, or comparative
change is reflected in the analysis portion of this report in respect to each individual section for July and
August revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of
analysis, monthly budget variances are based on a 3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – August 2022: July sales tax revenues totaled $1,033,990. This is a decrease of
$8,959 or (0.86%) compared to July 2021 sales tax revenue of $1,042,949.
JULY 2021 v JULY 2022 SALES TAX COMPARISON BY INDUSTRY
July 2021 July 2022 Increase/Decrease
Home/Garden $97,313.02 $116,805.93 $19,492.91
Grocery/Specialty/Health $216,262.47 $222,729.60 $6,467.13
Sporting Goods Retail/Rental $61,999.06 $50,495.66 ($11,503.40)
Miscellaneous Retail $30,818.49 $39,919.71 $9,101.22
Accommodations $231,457.50 $192,552.15 ($38,905.35)
Restaurants/Bars $245,113.17 $248,844.49 $3,731.32
Other $9,001.68 $8,713.33 ($288.35)
Service Related $18,612.16 $17,184.47 ($1,427.69)
Liquor Stores $38,174.25 $21,486.88 ($16,687.37)
E‐Commerce Retail $42,887.94 $52,293.45 $9,405.51
Manufacturing/Wholesale $12,370.19 $11,518.25 ($851.94)
Construction Related Services $22,187.20 $33,072.83 $10,885.63
Digital Media Suppliers/Sellers $6,280.87 $5,717.28 ($563.59)
Commercial/Industrial Equipment $1,119.59 $1,120.82 $1.23
Special Events $9,351.69 $11,535.03 $2,183.34
TOTAL $1,042,949.28 $1,033,989.88 ($8,959.40)
Page 2 of 9
Sales Tax: July 2022 Budget v Actual Collections: July 2022 sales tax revenues totaled $1,03,990. This
is an increase of $39,4120 over the July 2022 estimates of $994,570. This is 3.96% over the adopted
2022 budget (based on a 3-year average).
JULY 2022 BUDGET v ACTUAL COLLECTIONS ‐ SALES TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
June $994,569.93 $1,033,989.88 $39,419.95 3.96%
696,374.00 751,776.85 700,496.72 1,042,949.28 1,033,989.88
7.96%
‐6.82%
48.89%
‐0.86%
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
$1,100,000
2018 2019 2020 2021 2022
2018‐2022 July Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – July 2022: Accommodation tax revenues totaled $205,765 for the
month of July. This is a decrease of $44,515 or (17.79%) compared to July 2021 accommodation tax
revenues, which totaled $250,279. Accommodation tax collections by industry type for July 2022 compared
to July 2021 reported a decrease for Hotels, Time Shares, and Vacation Rentals.
JULY 2021 v JULY 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY
July 2021 July 2022 Increase/(Decrease)
Timeshares $41,799.13 $38,860.15 ($2,938.98)
Hotels $121,657.24 $95,546.10 ($26,111.14)
Vacation Rentals $86,823.62 $71,358.79 ($15,464.83)
TOTAL $250,279.99 $205,765.04 ($44,514.95)
July 2022 Budget v Actual Collections: July 2022 accommodation tax revenues totaled $205,795. This is
a decrease of $22,316 over the July 2022 estimates of $228,111. This is (9.78%) under the adopted 2022
budget (based on a 3-year average).
JULY 2022 BUDGET v ACTUAL COLLECTIONS ‐ ACCOMMODATIONS TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
June $228,111.28 $205,795.04 ($22,316.24) (9.78%)
119,458 131,646 112,238 250,280 205,795
10.20%
‐14.74%
122.99%
‐17.77%
$0
$25,000
$50,000
$75,000
$100,000
$125,000
$150,000
$175,000
$200,000
$225,000
$250,000
$275,000
2018 2019 2020 2021 2022
2018‐2022 July Accommodation Tax Revenue
Trend
Page 4 of 9
Short Term Rental Tax: Revenues – July 2022: STR Tax for Community Housing totaled $90,486 for the
month of July. There are no previous period revenues for comparison. The amount of STR Tax for
Community Housing revenues collected year-to-date compared to the annual budget of $750,000
represents 96.02%. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are
zoned as residential.
JULY 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY
July 2022
Timeshares $19,430.06
Hotels $37,623.02
Vacation Rentals $33,433.35
TOTAL $90,486.43
Tobacco & Cigarette Tax: Revenues – July 2022: Tobacco tax revenues totaled $33,558 and cigarette
tax revenues totaled $23,163 for July 2022. Compared to July 2021 revenues, this is an increase of
$4,549 for tobacco tax revenues, which totaled $29,008 and a decrease of $2,556 for cigarette tax
revenues, which totaled $25,719.
13,319 23,534 29,008 33,558
76.70%
23.26%
15.68%
‐
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
2019 2020 2021 2022
2019‐2022 July Tobacco Tax Revenue Trend
Page 5 of 9
July 2022 Adopted Budget v Actual Collections: July 2022 tobacco and cigarette tax revenues totaled
$33,558 and $23,163, respectively. This is an increase of $3,349, over the July 2022 budget for tobacco
tax, which is $30,208 and a decrease of $2,951 over the July 2022 budget for cigarette tax estimates,
which is $26,114 which is based on a 3-year average.
JULY 2022 BUDGET v ACTUAL COLLECTIONS ‐ TOBACCO AND CIGARETTE TAX REVENUES
2022 Budget 2022 Actual Dollar Variance Percentage
Variance
Tobacco $30,208.47 $33,557.80 $3,349.33 11.09%
Cigarettes $26,114.40 $23,163.00 ($2,951.40) (11.30%)
Total $397.93
18,693 28,215 25,719 23,163
50.94%
‐8.85%
‐9.94%
‐
5,000
10,000
15,000
20,000
25,000
30,000
2019 2020 2021 2022
2019‐2022 July Cigarette Excise Tax Revenue
Trend
Page 6 of 9
Real Estate Transfer Tax: Revenues – August 2022: August 2022 real estate transfer tax totaled
$209,520. Compared to August 2021, which totaled $507,891.58, this is a decrease of $298,371. This is a
decrease of $46,401 over the August 2022 budget which was based on a 3-year average.
AUGUST 2022 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2022 Budget 2022 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $255,921.15 $209,519.96 ($46,401.19) (18.13%)
$343,250 $400,028 $608,328 $507,892 $209,520
16.54%
52.07%
‐16.51%
‐58.75%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
2018 2019 2020 2021 2022
Real Estate Transfer Tax August Revenue Trends
Page 7 of 9
Recreation Center Fees: Revenues – August 2022 Admissions & Program Fees: Recreation
admission revenues for August 2022 totaled $92,232.69, an increase of $15,574 compared to August
2021 which totaled $76,658. This is $34,407 over the adopted 2022 budget estimates of $57,825.
Recreation program fee revenues for August 2022 totaled $24,942. This is a decrease of $38,524
compared to 2021, which totaled $63,466. This is $46,060 under the adopted 2022 budget estimates,
which is $71,002 which is calculated based on a 3-year average.
73,573 70,491 23,879 76,658 92,233
‐4.19%
‐66.12%
221.02%
20.32%
‐
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
2018 2019 2020 2021 2022
Recreation Admissions August Revenue Trends
$64,320 $49,983 $64,082 $63,466 $24,942
‐22.29%
28.21%
‐0.96%
‐60.70%
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
2018 2019 2020 2021 2022
Recreation Program Fees August Revenue
Trends
Page 8 of 9
Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for Cigarette tax and Rec Program
fees are reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change
and percentage variance.
Adopted Budget 2022 v Actual 2022: All revenues except for Cigarette tax and Recreation Program Fees
reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and
percentage variance.
2021 v 2022 Year‐to‐Date Revenue Comparison
2021 YTD 2022 YTD Dollar Variance Percentage
Variance
Sales Tax $6,314,255.79 $7,381,230.24 $1,066,974.45 16.90%
Acc. Tax $1,177,552.00 $1,591,179.89 $413,627.89 35.13%
Tobacco Tax $175,307.75 $198,960.60 $23,652.85 13.49%
Cigarette Tax $149,265.00 $139,962.54 (9,302.46) ‐6.23%
RETT $3,411,896.68 $4,027,788.84 $615,892.16 18.05%
Rec Admissions $404,709.07 $655,164.42 $250,455.35 61.89%
Rec Program Fees $229,818.92 $199,897.51 ($29,921.41) ‐13.02%
2022 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $6,480,590.23 $7,381,230.24 $920,640.01 14.25%
Acc. Tax $1,314,600.93 $1,591,179.89 $276,578.96 21.04%
STR Tax for CH $437,500.00 $720,143.41 $282,643.41 64.60%
Tobacco Tax $164,557.93 $198,960.60 $34,402.67 20.91%
Cigarette Tax $151,928.98 $139,962.54 ($11,966.44) ‐7.88%
RETT $1,819,659.64 $4,027,788.84 $2,208,129.20 121.35%
Rec Admissions $409,410.05 $655,164.42 $245,754.37 60.03%
Rec Program Fees $287,398.80 $199,897.51 (87,501.29) ‐30.45%
Page 9 of 9
EXPENDITURES:
General Fund YTD Actuals v 2022 Budget: General Fund expenditures through August 2022 total
$10,554,258 which is 48.96% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2022 Budget: Mobility Fund expenditures through August 2022 total
$2,530,266 which is 43.52% of the total adopted budget. These expenditures include cost for wages, health
benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2022 Budget: Fleet Maintenance expenditures through August 2022
total $790,559 which is 44.94% of the total adopted budget. These expenditures include wages, health
benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2022 Budget: The Capital Improvement expenditures through
August 2022 total $2,385,987 which is 21.43% of the total adopted budget. These expenditures include
construction cost, design/contracts, and professional services.
Thank you,
Dean
970.748.4030 mmorgan@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Max Morgan, Planner 1+
RE: Written Report - Short Term Rental Update
DATE: September 14, 2022
SUMMARY: This report provides an update on the Short Term Rental (“STR”) regulations and policies in
the Town. No action is requested from Town Council.
BACKGROUND: The Town of Avon adopted a Community Housing Plan in October 2021 that included a
recommendation to update STR policies and regulations. In spring 2022, Town Council, Staff, and
members of the public collaborated to update STR policies by ordinance. Ordinance No. 22-08 (“22-08”)
took effect August 25th, 2022 and Ordinance No. 22-09 (“22-09”) took effect September 21st, 2022.
22-08 updates the licensing types and relevant fee structure, redefines terms related to STRs, updates
minimum safety requirements, and establishes a process for complaints and violations. 22-09 applies a
licensing cap for properties in the STR Overlay Zone District (“STRO”) but outside the Town Core.
Additionally, 22-09 expands the boundaries of Town Core.
UPDATES: Beginning Fall 2022, under the new policies established through 22-08 and 22-09, the
process to acquire a STR license will require successful completion of the online STR license application.
The new application requires that the applicant provide:
•Details and building characteristics about the STR property
•Contact information for a Responsible Party / Management Contact specific to the property
•Acknowledgment of specific channels used to advertise the STR
•A signed affidavit affirming that the property meets minimum safety requirements
Property owners who hold an active STR license are expected to re-apply for licensing, issue payment, and
update the property itself in order to meet updated compliance standards by October 31, 2022, although
this date may be modified in the event that the STR application is not made available in early October.
Staff recognizes that the task of administering a seamless transition for STR properties and their license-
holders requires:
•Development and implementation of new STR licensing
materials
•Supporting questions, concerns and complaints
•Communicating changes and updates
Development and implementation of new STR licensing materials
Town Staff has developed materials needed to support the STR updates including:
1.A new STR License application (online) (See Attachment A)
2.Supplemental application materials including
a.License Types & Fee Table (See Attachment B)
b.STRO Map (See Attachment C)
c.Safety Requirements Affidavit (See Attachment D)
The Town contracts with MuniRevs, a software development company specializing in local government
support, to develop online applications for a variety of purposes, including business licensing, vendor
contracting, and tax remittance. The online application is the final revisionary stage as of September 22,
2022. Staff anticipates that the new application will be available to applicants in the first week of October
2022.
The new STR application is designed to:
•Collect additional information about the property (e.g., # of bedrooms)
•Include options for new licensing types
•Require applicants to identify a Management Contact / Responsible Party
•Require applicants to identify specific channels used for advertising the STR and potential tax
remittance
Supporting Questions, Concerns and Complaints
In addition to the new application and supplemental documents, the STR updates require Staff to create
and manage a new phone line specific to STRs. The phoneline asks the caller whether they have
questions for the Community Development Department or the Finance Department, and allows them to
leave a message with personnel directly responsible for STR licensing and administration.
The phoneline is NOT designed to manage intake for complaints concerning STRs. However, Staff has
designed and published a formal complaint form online at that enables members of the public or renters
themselves to formally lodge a complaint. The Community Development Department manages intake for
each submitted complaint, in addition to the email inbox for STR@Avon.org.
Communicating Changes and Updates
Public engagement remains a priority in the process to update STRs in Avon. Town Staff sent a mailer to
each property owner in the STRO on September 13, 2022 to advise them that changes are forthcoming
(See Attachment E).
Additionally, Staff has reorganized the Town’s website so that STR information is published on the
Community Development webpage instead of the Finance Department webpage. The website is
frequently updated to relay the timeline and ongoing changes to STR policies and procedures, and now
features the new Town Core map, licensing types and fees, and the STR License Report (See Attachment
F). The STR License Report provides a property-by-property inventory of STRs and subsequent
availability, and the report will be updated and published bi-monthly.
NEXT STEPS: Once the new STR application is published by MuniRevs and tested by Staff, property
owners with an active STR license will receive an emailed and mailed communication to direct them to re-
register their STR property. The communication will include a sample application form with guidance on
the online application process, information on license types and fees, the Town Core map, the most recent
STR License Report, and the affidavit to affirm that the property meets minimum safety requirements. The
are currently 305 individual STR licenses in Avon although many have the same applicant / license holder.
Report August 16th, 2022 - ORD 22-09
Page 2 of 3
970.748.4014 mmorgan@avon.org
Report August 16th, 2022 - ORD 22-09
Page 3 of 3
Staff has been in regular communication with individuals and groups that manage multiple STRs. Staff
plans to conduct outreach and support to STR property managers, including Front Desk property
managers, including an info session and recorded webinar that will be available to the public.
Active STR licenses should be re-registered by early November, and an STR report will be provided to the
public and Council that details STRs in Avon, license types, and locations.
Thank You, Max
ATTACHMENTS:
ATTACHMENT A: Mock-Up Online STR Application
ATTACHMENT B: License Types and Fees Table
ATTACHMENT C: STRO Map
ATTACHMENT D: Safety Affidavit
ATTACHMENT F: STR License Report 092222
970.748.4014 mmorgan@avon.org
ATTACHMENT E: 091322 Mailer
Short Term Rental (STR)
Application Form for License
Short Term Rental Property Address (must include Unit / Apartment Number if applicable):
Applicant Information
Name of Applicant:
Applicant Date of Birth:
Applicant Phone Number:
Applicant Email Address:
Company Name (if applicable):
Applicant / Business Mailing Address:
Do You Have an Active STR License with the Town of Avon (Yes or No)*:
Do You Have Other STR Licenses Outside the Town of Avon (Yes or No)*:
Rental Property Information
Name of Property / Complex (Ex. Seasons at Avon ):
Name of Property Owner:
Number of Bedrooms Available for Rent:
For which STR License Type are You Applying (see Attachment B - STR License Types & Fees for more info)?:
___ STR Full
___ STR Limited
___ STR Resident Occupied
___ Not Sure
Is your STR managed by a Front Desk-Management or Time Share property (Yes or No):
If you answered “Yes” to the previous question- select which property:
1. The Westin Riverfront Lodge or Riverfront Townhomes 5. The Seasons at Avon
2. Beaver Creek West 6. The Ascent
3. Avon Lake Villas 7. Other:
4. Avon Center
Attachment A - Mock Up Online Application
Short Term Rental (STR)
Application Form for License
Management / Responsible Party Information
STR license holders are required to designate a property manager / responsible party who shall be available to respond
to guests’ urgent matters. The designated contact shall be available to respond to any renter within four hours by
phone or email and shall be available to respond in person within twenty-four hours. The name and contact information
for this person must be displayed conspicuously inside the rental property.
Name of Property Manager / Responsible Party:
Property Manager / Responsible Party Phone Number:
Property Manager / Responsible Party Email Address:
Advertising Information
This STR will be advertised through the following channels (Check as many options that apply):
____ AirBnb:
____ VRBO:
____ Home Away:
____ Facebook Marketplace:
____ Craigslist:
____ Vacasa:
____ Other (please write any additional advertising channels here:
Additional Information
Approximately how many nights per year do you intend to use this property as an STR?:
When not used as an STR, this property is primarily (choose one):
___ A full-time residence (same resident - 8 months or more per year)
___ A part-time residence (same resident - 1 to 8 months per year)
___ Available for personal use
___ Vacant
Other:
Attachment A - Mock Up Online Application
License Types and Fees
Any Short Term Rental (STR) in the Town of Avon requires an STR license. The Town of Avon offers 3 STR
license types:
1. Full
2. Limited
3. Resident Occupied
1.Full Short Term Rental License (STR-F)
• Allows the license holder to rent for an unlimited number of nights while the license is active
• Multifamily properties outside the Town Core can have up to 15% of dwelling units in possession of a STR-
F license at one time (See Attachment B - STR Map)
• Cost of the STR-F license is relative to the number of bedrooms in the dwelling unit, as well as whether the
property includes front-desk management (See Licensing Fees below)
2.Limited Short Term Rental License (STR-L)
• Allows the license holder to rent for up to 42 nights while the license is active
• Not subject to licensing caps
• Cost of the STR-L license is relative to the number of bedrooms in dwelling unit (See Licensing Fees
below)
3.Resident Occupied Short Term Rental License (STR-RO)
• Requires a full-time resident (8+ months per year) to be present for a portion of each guest’s stay
•Allows the license holder to rent for an unlimited number of nights while the license is active
•Not subject to licensing caps
• Cost is $150 per license
Licensing Fees
License Type Abbreviation Fees
Full STR - F Studio or One Bedroom - $350
Two Bedroom - $400
Three Bedroom - $450
Four Bedroom or Greater - $500
Front Desk or Time Share - $250 plus $25 for each
bedroom on the property that is used for short term rental
Limited STR -L
Resident Occupied STR- RO $150 per License
Attachment B - License Types and Fees
Short Term Rental Overlay and Town Core Map
Planned Unit Developments with *STRs
*PUD STR approvals unaffected by Ordinance 22-09
STR Zoning Overlay
STR Zoning Overlay in Town Core
Town Core Boundary
•STR-F (Full License) - Capped
at 15% of the total number of
units on the property
•STR-Limited - Unlimited
•STR-RO (Resident Occupied)
-Unlimited
Licenses Outside Town Core:
•STR-F (Full License) -
No Cap/Unlimited
•STR-Limited - Unlimited
•STR-RO (Resident Occupied)
-Unlimited
Licenses Inside Town Core:
/LFHQVHGH¿QLWLRQVFDQEHIRXQGLQ$0&6HFWLRQShort Term Rentals
6HH38'DSSURYDOVIRU675UHJXODWLRQVVSHFL¿FWRWKHVHSURSHUWLHV
Attachment C - STRO Map
SHORT TERM RENTAL GUIDEBOOK | PROPERTY OWNERS & MANAGERS
Short Term Rental License Management Requirements Affi davit
All Short Term Rental license holders are required to meet minimum STR Management Requirements.
Requirements must be met continuously by an STR license holder and failure to continuously meet these
requirements is a violation of the Avon Municipal Code Section 5.04.050 and grounds for denial, suspension, or
revocation of an STR license. The STR license applicant must sign this affi davit each year in order to obtain
or maintain an STR license.
Please review the following STR Minimum Safety Requirements, and sign at the bottom of the form to acknowledge
that you and your STR property are in compliance with the Town of Avon:
Minimum STR Management Requirements
1. Management Contact. The STR License application requires the designation of a Management Contact
person to all renters at an individual STR property who shall be available to respond to urgent matters,
such as water leaks or heating malfunction. The contact information is provided on the STR License
application, shall include a cell phone number and email address, and will be verifi ed by the Town. The
designated 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 fi re extinguishers as required to meet minimum
building codes.
3. Maximum Occupancy. The maximum occupancy for any STR License shall be two (2) persons per
bedroom and loft area plus two (2) persons.
4. Wood Burning Fireplaces and Stoves. Wood burning fi replaces, 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 fi t 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 renters 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 renters 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 renters, 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.
Attachment D - Safety Affidavit
11. Renter Information. The STR License holder shall provide to renters the information and rules in this section, the
STR License number, and such other minimum information as the Town may determine appropriate for Minimum STR
Management Requirements.
By signing below, I, ___________________________________ (printed name), swear under penalty of perjury that I am the
owner or local agent of the property located at __________________________________________________ (STR property
address) and that this property meets the short-term rental safety requirements listed above and as otherwise required by
Chapter 5.04.050 of the Avon Municipal Code. I acknowledge that this affi davit is a “public record” for the purpose of any
request pursuant to the Colorado Open Records Act. I hereby certify under penalty of perjury pursuant to the laws of the State
of Colorado that I have carefully considered the contents of this affi davit before signing and affi rm that the contents are true. I
further understand that my application may be denied or my license revoked if I have provided false, misleading or fraudulent
statements in my application materials, including this affi davit.
Signature: ___________________________________ Date: _____________________________________
OPTIONAL: Short Term Rental Resident-Occupied License Application Acknowledgement
Town of Avon offers an STR License Type for STR properties where a resident or residents reside at the property as their
Primary Residence (as defi ned in AMC Section 3.12.020). Such designated residents must be physicially in the residence when
there are STR occupants at the residents.
Name of Primary Resident:
By signing below, I, ___________________________________ (printed name), swear under penalty of perjury that a Primary
Resident as defi ned in AMC Section 3.12.020 resides at the following property ____________________________________
______________ (STR property address) and that the application meets the requirements for a Short-Term Rental Resident
Occupied license type.
Signature: ___________________________________ Date: _____________________________________
SHORT TERM RENTAL LICENSING IS CHANGINGSHORT TERM RENTAL LICENSING IS CHANGING
You are being notified as a property owner within the Short Term Rental Overlay Zone District that Avon’s Short Term Rental (STR) licensing program has changed.
•New Licensing Types & Fees
•New Management & Safety Requirements
•Modified Boundaries for Licensing
•New Licensing Caps. Per the effective date of Ordinance
22-09, caps on STR licenses outside Town Core will be applicable
as of 9/22/22
What has changed?
What do I do if I have an STR license already?
•All current STR license holders MUST re-register
their STR before October 31, 2022 in order to meet
new safety and management requirements
• The Town will email instructions to license holders
on how to re-register
•If you do not receive communication from the Town
regarding your license by October 10, 2022 - contact
STR@Avon.org with your license no. and address
What should I do if I am thinking about getting
an STR License?
•Check the online STR Overlay Zoning Map
to ensure that your property is in an area where
STRs are permitted
•If applicable - check with your HOA to ensure that
STRs are allowed at your property
•Visit our STR website page to see additional
eligibility and licensing requirements
Where can I find out more information or who
to contact about re-registering my license?
•Current and prospective license
•holders can find information about
STRs in Avon on our website
•Can’t find what you’re looking for?
Email: STR@Avon.org
QUESTIONS?
Town of Avon, Colorado | 100 Mikaela Way | P.O. Box 975 | Avon, CO 81620 | AVON.ORG
ATTACHMENT E: 091322 Mailer
Property Name Associated Address(es)
Total
Units
Active
STRs
September
22, 2022
Current %
STRs Subdivision Lot Block
Balas Townhouse Condos 211 Nottingham Rd 8 1 13% BMBC 6 1
Balas West Condos 231 Nottingham Rd 9 1 11% BMBC 7 1
Sonnen Halde Condos 331 Nottingham Rd 16 0 0% BMBC 8 1
Snowrun Townhomes 520 Nottingham 3 0 0% BMBC 43 1
Alpenhaus 510 Nottingham Rd 3 2 67% BMBC 44 1
Chambertin
420 Nottingham Rd; 438
Nottingham; 440 Nottingham
Rd 12 4 33% BMBC 46 1
Nightstar 410 Nottingham Rd 6 0 0% BMBC 47 1
Rushmer Townhomes 230 Nottingham Rd 6 1 17% BMBC 48 1
Sunnyside at Avon 220 Nottingham Rd 6 2 33% BMBC 49 1
La Vie Bonne Townhomes 180 Nottingham Rd 6 0 0% BMBC 50 1
Timber Loft 160 Nottingham Rd 4 0 0% BMBC 51 1
Beacon Hill / Bristol Pines 600 Nottingham Rd 22 1 5% BMBC 70 1
Westlake Village
811 W Beaver Creek Blvd; 831
W Beaver Creek Blvd; 851 W
Beaver Creek Blvd; 871 W
Beaver Creek Blvd 92 11 12% BMBC 2 2
Lakeview Condos 816 W Beaver Creek Blvd 12 2 17% BMBC 3 2
Stone Creek 760 W Beaver Creek Blvd 30 9 30% BMBC 4 2
Beaver Bench 414 W Beaver Creek Blvd 44 7 16% BMBC 7 2
Alpenflora 580 W. Beaver Creek Blvd 12 1 8% BMBC 11 2
Lakin's Bel Lago 540 W Beaver Creek Blvd 12 4 33% BMBC 12 2
Greenbrier
211 W Beaver Creek Blvd; 215
W Beaver Creek Blvd; 217 W
Beaver Creek Blvd 38 11 29% BMBC 34 2
Buck Creek Condos
440 W Beaver Creek Blvd; 510
W Beaver Creek; 520 W
Beaver Creek Blvd 34 6 18% BMBC 13-15 2
Bridgewater Terrace 971 W Beaver Creek Blvd 20 3 15% BMBC 8 3
Liftview 998 W Beaver Creek Blvd 165 16 10% BMBC 9 3
Sunridge
1050 W Beaver Creek Blvd;
1061 W Beaver Creek Blvd 198 33 17% BMBC 1-2 3
TOTAL 758 115 15%
Avon Short Term Rental License Report - September 22. 2022
Properties Outside the "Town Core"
Attachment F - STR License Report 092222