TC Packet 06-13-2023_______________________________________________________________________________
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 TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, June 13, 2023
MEETING BEGINS AT 5:10 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 2)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. BUSINESS ITEMS
5.1. Presentation: Annual Police Report and Annual Police Awards (Chief of Police Greg Daly)
5.2. Presentation: Facial Recognition Accountability Report (Chief of Police Greg Daly)
5.3. First Reading Ordinance 23-02: Referring the Establishment of a Downtown Development
Authority to a Special Election and Amending the Avon Municipal Code to Adopt Title 4 – Avon
Downtown Development Authority (Town Manager Eric Heil)
5.4. Public Hearing: Lot 3, Mountain Vista Resort Consideration of Major Development Plan and
Development Bonus (Senior Planner Jena Skinner)
5.5. Work Session: Construction Materials Use Tax & Marijuana Tax (Town Manager Eric Heil)
5.6. Findings of Fact and Record of Decision SUB23001 Hidden Valley Estates Community Housing
Project (Senior Planner Jena Skinner)
6. MINUTES
6.1. Approval of May 23, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission June 6 Abstract (Planner 1+ Max Morgan)
7.2. Avon Police Department Disposition on Forfeited Properties for 2022 (Chief of Police Greg Daly)
7.3. 2023 Recycling Award for Outstanding Outreach (Sustainability Coordinator Charlotte Lin)
7.4. Website Analytics (Communications & Marketing Manager Liz Wood)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the
public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide
written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments 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.
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, JUNE 13, 2023
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
1.CALL TO ORDER AND ROLL CALL
2.APPROVAL OF AGENDA
3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5.PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT
5.1. APPLICANT NAME: BRAVO! VAIL MUSIC FESTIVAL
EVENT: THE LINDA AND MITCH HART SOIREE SERIES 2023
DATE AND TIME: 6:00 PM – 11:00 PM ON JUNE 23, 2023
LOCATION: 108 PRIMROSE
TYPE: SPECIAL EVENT PERMIT
MANAGER: CHATHAM MAYBERRY
5.2. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT: A TASTE OF NATURE
DATE AND TIME: 5:00 PM – 10:30 PM ON JULY 6, 2023
LOCATION: 318 WALKING MOUNTAINS LANE
TYPE: SPECIAL EVENT PERMIT
MANAGER: SHERRI HAHN
6.APPROVAL OF THE MINUTES FROM MAY 23, 2023 LIQUOR LICENSING AUTHORITY MEETING (LIQUOR AUTHORITY BOARD
SECRETARY MIGUEL JAUREGUI)
7.WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
8.ADJOURNMENT
970-748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk
Miguel Jauregui C., Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Special Event Permit Application -
Linda & Mitch Hart Soirée Series 2023
DATE: June 3, 2023
SUMMARY: Bravo! Vail Music Festival, as the Applicant, is applying for a malt, vinous, spirituous liquor
special event permit to serve/sell beverages at the Linda & Mitch Hart Soirée Series 2023 special event on
June 23, 2023.
The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and
all materials are in order. Documents are on file in the Town Clerk’s office.
The 108 Primrose premise has been posted with notice of the public hearing for this application , and no
public comments were received. The event manager will be present to answer any questions about the
application and the event. The Applicant has adequate proof of commercial liability insurance t hat meets
the Town’s requirements and has obtained any other permit needed for this event. Background checks
show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15
special event permits issued to the Applicant this calendar year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular
types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages
in connection with public events. Avon has adopted the local option whereby applications are made directly
to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. A nonprofit entity and the Town of Avon may receive a maximum of 15 special event permits
per calendar year. There are no required findings for the issuance of a special event permit. Section 44-5-
106, C.R.S., states the grounds for denial of a special event permit as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that the
issuance would be injurious to the public welfare because o f the nature of the special event, its location
within the community, or the failure of the applicant in a past special event to conduct the event in
compliance with applicable laws.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming Linda
& Mitch Hart Soirée Series 2023 special event. A public hearing is required before final action is taken.
Please note that Bravo! Vail Music Festival is acting as the Applicant for this permit.
Applicant Name: Bravo! Vail Music Festival
Event Name: Linda & Mitch Hart Soirée Series 2023
Event Date: June 23, 2023; 6:00 p.m. until 11:00 p.m.
Location: 108 Primrose, Mountain Star
Event Manager: Chatham Mayberry
Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the Linda & Mitch Hart Soirée Series 2023 special event on June 23, 2023.”
Thank you, Brenda
SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Application for a Special Event Permit (State form DR 8439)
✓ Attachment B: Alcohol Management Plan
✓ Attachment C: Diagram where liquor will be served
Attachment A
Attachment B
Attachment C
970-748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk
Miguel Jauregui C., Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Special Event Permit Application -
A Taste of Nature
DATE: June 3, 2023
SUMMARY: The Walking Mountains Science Center, as the Applicant, is applying for malt, vinous,
spirituous liquor permit to serve/sell beverages at the A Taste of Nature special event on July 6, 2023.
The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and
all materials are in order. Documents are on file in the Town Clerk’s office.
The 318 Walking Mountains Lane premises have been posted with notice of the public hearing for this
application, and no public comments were received. The event manager will be present to answer
questions about the application and the event. The Applicant has adequate proof of commercial liability
insurance that meets Town requirements and has obtained any other permit needed for this event.
Background checks show no previous failure by the Applicant to comply with Special Event Permit laws
and fewer than 15 special event permits issued to the Applicant this calendar year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular
types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages
in connection with public events. Avon has adopted the lo cal option whereby applications are made directly
to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no
required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for
denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon th e grounds that the
issuance would be injurious to the public welfare because of the nature of the special event, its location
within the community, or the failure of the applicant in a past special event to conduct the event in
compliance with applicable laws.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming A
Taste of Nature special event. A public hearing is required before final action is taken. Please note that
the Walking Mountains Science Center is acting as the Applicant for this permit.
Applicant Name: Walking Mountains Science Center
Event Name: A Taste of Nature
Event Date: July 6, 2023
5:00 p.m. – 10:30 p.m.
Location: 318 Walking Mountains Lane
Event Manager: Sherri Hahn
Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the A Taste of Nature special event on July 6, 2023 from 5:00 p.m. to 10:30
p.m.”
Thank you, Brenda
SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Application for a Special Event Permit (State form DR 8439)
✓ Attachment B: Alcohol Management Plan
✓ Attachment C: Diagram where liquor will be served
Attachment A
Attachment B
Attachment C
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and using zoom.us. Chairwoman Amy
Phillips called the May 23, 2023 Liquor Licensing Authority meeting to order at 5:00 p.m. A roll call was taken,
and present were Board Members Lindsay Hardy, Ruth Stanley, Chico Thuon, and Vice Chairwoman Tamra
Underwood and Chairwoman Amy Phillips. Board members RJ Andrade and Rich Carroll were absent. Also
present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny,
General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly,
Community Development Director Matt Pielsticker, Recreation Director Michael Labagh, Finance Director
Scott Wright and incoming Finance Director Paul Redmond, Public Works Director Eva Wilson, and Cultural
Arts and Special Events Manager Danita Dempsey.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:38
Chairwoman Phillips initiated the meeting with the Agenda approval process, and Vice Chairwoman
Underwood requested it be amended to include an update from Town Attorney Karl Hanlon in reference to
temporary wine displays at Avon’s City Market, to be added as Item 5.2. Vice Chairwoman Underwood then
moved to approve the Agenda, as amended. Board member Hardy seconded the motion. It was approved
with a 5-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:29
Chairwoman Phillips asked if there were any conflicts of interest related to the amended Agenda, and none
were disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:38
Chairwoman Phillips explained that public comment can be made by participating in the meeting in person,
via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment section is
intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes.
She asked if there was any public comment from those present in the room or on Zoom and none were made.
5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT
Video Start Time: 00:02:00
5.1. APPLICANT NAME: EDUCATION FOUNDATION OF EAGLE COUNTY
EVENT: EVENING OF STARS
DATE AND TIME: 6:00 PM – 9:00 PM ON JUNE 2, 2023
LOCATION: 1 LAKE STREET – HARRY A. NOTTINGHAM PARK/PAVILION
TYPE: SPECIAL EVENT PERMIT
MANAGER: TESSA KIRCHNER
Town Clerk Miguel Jauregui Casanueva delivered a brief introduction related to the Evening of the Stars special
event liquor permit application, joined by event organizer Wendy Rimel with the Education Foundation of
Eagle County. He laid out that the application met the requirements of the public hearing posting, the
insurance, background checks, and alcohol management plan, as part of the special event permit checklist.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 2
Ms. Rimel responded to questions from the Board and added this is the 28th year the event is held as a
celebration for Eagle County School District staff. Chairwoman Phillips asked if there was any public comment
from those present in the room or on Zoom and none were made.
Board member Hardy moved to approve the Special Events Permit application for Education Foundation of
Eagle County for their Evening of Starts special event on June 2, 2023, from 6:00 p.m. to 9:00 p.m. Board
member Thuon seconded the motion. It was approved with a 5-0 vote of those present.
5.2. CITY MARKET’S TEMPORARY DISPLAYS OF WINE: UPDATE ON COMPLIANCE
VIDEO START TIME: 00:07:33
Town Attorney Karl Hanlon provided an update to the Board on state liquor laws and regulations related to
temporary displays of wine, and a summary of the Department of Revenue Colorado Liquor Enforcement
Division’s Bulletin 22-04 and its impact on wine bottle aisle endcaps at grocery stores. It was noted that
temporary wine displays at Avon’s City Market currently comply with applicable laws and regulations.
6. APPROVAL OF THE MINUTES FROM JANUARY 24, 2023 MEETING
Video Start Time: 00:10:28
With no discussion or correction, Board Member Thuon moved to approve the liquor license meeting
minutes for Tuesday, January 24, 2023, as presented. Vice Chairwoman Underwood seconded the motion. It
was approved with a 5-0 vote of those present.
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
8. ADJOURNMENT
There being no further business before the Liquor Licensing Authority, Chairwoman Phillips moved to adjourn
the meeting. The time was 05:11 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting. They are
not intended to be comprehensive or to include each statement, person speaking or to portray with complete
accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town
Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
____________________________________
Miguel Jauregui Casanueva, Liquor Authority Secretary
APPROVED:
Amy Phillips ___________________________________
Tamra Underwood
Ruth Stanley
Chico Thuon
Lindsay Hardy
(970) 748-4022 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Deputy Town Clerk
Miguel Jauregui Casanueva, Liquor Licensing Authority Secretary
Date: June 5, 2023
Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS
SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals require notice to be posted
for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or
requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to
refer the application to the Avon Town Council.
The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating
back to May 23, 2023, the Town has received 3 Renewal applications that have met all the requirements for
administrative review and approval and were ultimately approved by the Deputy Town Clerk. No comments,
complaints, or request for hearings were received. They are as follows:
Renewals:
Applicant: Yerf LLC d/b/a Ticino Italian Restaurant
Location: 100 W Beaver Creek Blvd. Unit 127
Type: Hotel and Restaurant (City)
Manager: Sasha Frey
Applicant: East West Resort LLC & Avon Riverfront LLC
d/b/a Westin Riverfront Resort & Spa & Maya
Location: 126 Riverfront Lane
Type: Resort Complex (City)
Manager: Brian Harrier
Applicant: Wills Investments VII LLC & 7 Eleven INC d/b/a 7 Eleven #34209B
Location: 8 Nottingham Road
Type: Fermented Malt Beverage and Wine (City)
Manager: Donald Wills
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police Department Presentation of 2022-2023 PD Awards
DATE: June 13, 2023
PRESENTATION OF AVON POLICE DEPARTMENT 2021 AWARDS:
As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department
Awards for the latter half of 2022 and for the first half of 2023. These awards are to recognize staff and
community members, who have made exceptional and valiant individual and team contributions above and
beyond their normal duties with the Avon Police Department or have benefited the Avon Police Department
and the Town of Avon. In addition, we are recognizing other town employees and community members for
their contributions to the citizens, residents, and guests of the Town of Avon.
Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human life.
(Extended by days or weeks)
➢ For actions resulting in the saving and prolonging of a human life on June 5, 2022. At about 1910
hours Officer Andres Sandoval was off duty recreating in the Cottonwood Pass area in Gypsum, CO.
Field Training Officer Sandoval was riding an all-terrain vehicle (ATV) when he rode up to three males
at a trailhead and a flipped four-wheeler ATV. One was a young male crying hysterically and an adult
male in a curled-up position on the ground groaning loudly in pain. Officer Sandoval identified himself
as an off-duty Avon police officer. The third uninjured male party informed Officer Sandoval that the
ATV they were riding had flipped on top of both Mr. Chavira and Leonardo, his young son. Leonardo
informed Officer Sandoval that his shoulder and hand hurt. Officer Sandoval made a splint from
Leonardo’s shirt, applied it to Leonardo’s injured arm, and helped Leonardo control his breathing.
Officer Sandoval then evaluated Mr. Chavira and discovered that he couldn’t move and complained of
pain from his neck to his hand. Officer Sandoval observed that Mr. Chavira’s shoulder blade appeared
extended outward and appeared to be out of place, a severe injury. Again, Officer Sandoval made a
splint for Mr. Chavira from his own shirt and applied it. Because of the remote location, Officer
Sandoval and the party were unable to obtain a cellular phone signal. Officer Sandoval helped the
three male parties onto their ATV and followed them on his ATV to a location that a signal could be
obtained. Officer Sandoval remained with and monitored the three males until paramedics arrived.
Both Mr. Chavira and Leonardo were transported to the emergency room and made a full recovery.
Officer Sandoval reflected great credit upon himself and the Avon Police Department that day.
➢ For actions resulting in the saving and prolonging of a human life on October 15, 2022. At about 1550
hours, Avon Officers were dispatched to a medical assist of a potential overdose at the Old Town Hall
Parking Lot, 1 Lake St. The reporting party reported to dispatch that the victim was turning blue with
agonal breathing. The reporting party and the victim’s girlfriend were instructed by dispatchers to begin
CPR. Master Sergeant Jonathan Lovins was the first to arrive on scene, he was quick to take over
chest compressions. Eagle River Fire Engine 7 company were next to arrive on scene. Lieutenant
Andrew Pohlman, Lieutenant Wade Michels (was engineer at that time) and Firefighter Miles Morris
Page 2 of 3
continued to administer chest compressions and other lifesaving care. Field Training Officer Andres
Sandoval immediately followed administering a dose of Narcan to the victim. Engine 7 personnel
assisted with chest compressions and suction due to the victim vomiting. MSgt Lovins provided Officer
Sandoval with a second Narcan, to which Officer Sandoval administered. After a few minutes of great
teamwork on behalf of Engine 7 personnel and Avon Police Officers, the victim began to show signs of
life. While Master Sergeant Lovins began an investigation, Officer Sandoval assisted with applying the
AED, then providing rescue breaths by means of a bag-valve-mask-ventilation. The victim regained
consciousness and was transported to Vail Health for further medical evaluation and was discharged
several hours later. Master Sergeant Lovins, Field Training Officer Sandoval, Lieutenant Andrew
Pohlman, Lieutenant Wade Michels and Firefighter Miles Morris reflected great credit upon themselves,
Eagle River Fire, and the Avon Police Department that day.
➢ For actions resulting in the saving and prolonging of a human life on March 2, 2023. At about 0806
hours, Avon Police Officers were dispatched to a Disturbance Call at 310 W. Beaver Creek Blvd. The
reporting party advised her boyfriend was suicidal and had threatened to murder her. Seconds later
the reporting party stated her boyfriend slit his throat. Upon arriving on scene, Office r in Training (OIT)
Burgess and Field Training Officer (FTO) Gaspard were directed to the downstairs unit, they found a
man on the ground with severe arterial bleeding from his left wrist. Officer Gaspard quickly located
towels and instructed the man to apply immediate pressure to his wound. FTO Gaspard asked OIT
Burgess to place a tourniquet to the man’s arm. OIT Burgess applied the tourniquet high and tight to
the upper left arm of the man. The man continually made statements such as “I’m about to bleed out”,
“I’m about to die”, “I’m probably gonna die”, and “This was a bad decision.” OIT Burgess and FTO
Gaspard calmly spoke to the man, keeping him calm, until paramedics could arrive on scene. Once
paramedics arrived, they discovered the bleeding had not fully subsided. Although the tourniquet was
properly applied, the man was wearing a thick clothing limiting the tourniquet from fulling stopping the
distal pulse. OIT Burgess applied a second tourniquet to the man’s arm, completely cutting off the
blood supply to the artery. Medical care was turned over to the paramedics and firefighters. The man
was transported to Vail Health for further treatment where he made a full recovery. Officer Gaspard
and Officer Burgess reflected great credit upon themselves and the Avon Police Department that day.
Certificate of Appreciation – An award presented to a citizen or employee that should be recognized for
their service.
➢ Presented to Karyne Spadi, Town of Avon Human Resources and Risk Management Manager, and her
staff members Kate Franklin and Jolie Hickey, H.R. and Risk Management Generalists, for their
outstanding performance, attention to detail and commitment to the Avon Police Department. You are
commended for your collective service and professionalism by ensuring the needs of the department’s
human resources needs were continuously provided for. You have been the point person for
recruitment for open positions through postings, reviewing resumes, interviews, conditional
employment offers and drug testing. You are recognized for your continued efforts in assisting with the
department’s hiring process by sitting on police candidate interview boards and executive boards with
the Chief of Police and Deputy Chief of Police. Your guidance and direction in all things related to
employment law, workman’s comp, and employee benefits has been invaluable. You are all a true
credit to the Town of Avon and the Avon PD team. On behalf of the men and women of the Avon
Police Department, THANK YOU!
Page 3 of 3
Certificate of Appreciation – An award presented to a citizen or employee that should be recognized for
their service.
➢ Presented to Scott Wright, Finance Director, Town of Avon Finance Department, for his outstanding
performance, attention to detail and commitment to the Avon Police Department. You are commended
for your service and professionalism by ensuring the department’s complex financial needs were
continuously provided for. For nearly thirty years, you have supported the Avon Police Departments
complex financial needs and reporting requirements. You are recognized for your continued efforts in
assisting with the department’s capital and vehicle needs and requirements. Your guidance and
direction in all things related to finance, salaries, compensation, capital replacement, retirement plans
and employee benefits has been invaluable and always with a great sense of humor! You are all a true
credit to the Town of Avon and the Avon PD team. On behalf of the men and women of the Avon
Police Department, we will miss you, enjoy your retirement and THANK YOU!
Certificate of Appreciation – An award presented to a citizen or employee that should be recognized for
their service.
➢ Presented to Joye Gelo, Payroll Administrator, Town of Avon Finance Department, for her outstanding
performance, attention to detail and commitment to the Avon Police Department. You are commended
for your service and professionalism in ensuring the department’s payroll has always been consistently
executed. For nearly thirty years, you have supported the Avon Police Department’s complex payroll
needs and grant reporting requirements. Your guidance and direction in all things related to the many
labor codes used by the police department in tour many operational roles 24/7, and ensuring FLMA
coding among the many others has been invaluable. Thank you for ensuring we were paid
appropriately and on time for many years. You are all a true credit to the Town of Avon and the Avon
PD team. On behalf of the men and women of the Avon Police Department, we will miss you, enjoy
your retirement and THANK YOU!
Thank you, Chief Greg Daly
###
Avon PoliceDepartment
AnnualReport
2022
June 13, 2023
Table of Contents
Message from the Chief............................3
Department Overview...............................5
2022 By the Numbers................................6
Comparator numbers..............................10
Highlights...................................................11
Community Initiatives & Partnerships..12
Staffing Changes.......................................13
Message From the Chief
I am proud to serve with the women and men of the Avon
Police Department. Every day, they go out to protect and
serve, to achieve our mission of "serving to better our
community" and to live up to our motto of “Count on Us!”.
Deputy Chief Cosper and I constantly endeavor to ensure that
our officers and staff come to work happy, are safe at work and
go home happy. We could not get our mission completed
without the incredible support from the Avon Town Council,
Town Manager Eric Heil, and our fellow Town of Avon
departments. We see ourselves as part of Team Avon, working
collectively to achieve incredible goals, serving the Avon
Community. We are proud of our outstanding partnerships
with our Law Enforcement, Fire and EMS brothers and sisters.
We are proud to work collaboratively with many community-
based organizations. We like to be leaders in our law
enforcement profession, and we are proud to be able to host
an annual county wide active shooter response training, our
annual Latino and Citizen Police academies, our National Night
Out Events, Shop with a Cop, School Resource Officer in Avon
Elementary School, Kids Cops and Hoops, to name but a few.
We constantly work to keep crime rates at historic lows, but we
cannot be everywhere all of the time. We rely on our
community to report criminal activity and we believe we have
the community’s trust. Thank you for your continued
unwavering support of Avon’s Finest.
Chief Greg Daly
APD Overview
Chief of Police Greg Daly
Deputy Chief Coby Cosper
As of December 31, 2022, the Avon Police Department employed
and authorized strength of 21 sworn officers, two part time
seasonal Community Response Officers, and three civilian staff
officers. The number of authorized sworn positions are
separated by rank on the left. In 2022, there were 3.5 sworn
personnel for every 1,000 residents in Avon.
13 Officers & 1
Detective
5 Sergeants
2 Temporary
Seasonal
Community
Response
Officers
3 Administrative
Services
Officers
2022 By the Numbers
Total Crimes reported
4.96%
Decrease
from 2021
Assaults
11.86%
Decrease
from 2021
Motor Vehicle Thefts
11.86%
Decrease
from 2021
Sex Offenses
10%
Decrease
from 2021
Burglary
333%
Increase
from 2021
DUI
9.89%
Increase
from 2021
Larceny
1.4%
Increase
from 2021
Domestic Violence
35.13%
Decrease
from 2021
Traffic Accidents
15.74%
Increase
from 2021
Animal Control
Summonses
33.33%
Increase
from 2021
74%
2022 By the Numbers
Total Calls for Service
18,266
Traffic Stops
1,523
Traffic Accidents
147
Calls Officers Dispatched To
4,610
Self-Initiated Calls
13,489
Incidents of Use of Force
19
Total Arrests
258
23.67% of our traffic stops were with persons of Hispanic ethnicity; 17.05% Hispanic males and
6.62% Hispanic females. This compares with 39% of our 2020 census population who report
Hispanic heritage and 49% in 2010.
47.99% of our traffic stops were with Caucasian males
22.88% of our traffic stops were with Caucasian females
2.59% were with African males
.79% was with African American females
Includes traffic stops to include educational warnings and tickets (excluding DUI):
Avon PD Activity Statistics
2022 Traffic Enforcement Ethnic Breakdown
2022 Calls For Service by Nature Code
Unknown 911 134 Disturbance 120 JV Problem 31 REDDI 86
Alarm 236 Intoxicated Party 50 Abduction/Kidnapping 1 Relay 170
Animal Complaint 189 Domestic Disturbance 87 Liquor Violation 1 Restraining Order Violation 27
Armed Party with Weapon 2 Drugs 10 School Lock Down 2 Road Debris 55
Arrest Generic 7 Drug Task Force 1 Lost Property 119 Reports 200
6
Assault 42 Evidence Processing 83 Medical 110 Runaway 1
Assist 1194 Fight 26 Mental Health Hold 4 Security Checks 65
Attempt to Locate 29 Fingerprints 1 Missing Overdue Party 27 Registered Sex Offenders 10
Bar Check 365 Fire 60 Motor Vehicle Accident 379 Shooting/Shots Fired 8
Bear Call 74 Follow Up 1568 Negative Contact w/Officer 10 Suicidal Party 46
Bike Patrol 106 Foot Patrol 498 Noise Complaint 125 Suspicious Occurance 390
Briefing 29 Found 6 Open Door/Windows 16 Traffic Stop 1523
Burglary 9 Found Property 115 Ordinance Violation 16 Theft 150
Business Check 1095 Fraud 53 Parking Problem 453 Towed Vehicle 33
Civil Standby/Matters 185 Person w/Gun 3 Patrol/Radar 326 Training 42
Contact 183 CBI Firearms Check 1 Prisoner Processing 14 Traffic Complaint 162
Community Oriented Policing 415 Harassment 95 Prowler 2 Travelers Aid 9
Damage 56 ID Dispute 7 Clear Person or Vehicle 14 Traffic Control 35
Directed Patrol 4095 Interview 17 Recovered Stolen
Property/Vehicle 1 Trespassing 69
Unknown Nature 43 Criminal Injury to
Property 29 Abandoned Vehicle 28 Vin Check 46
Comparator agencies
Avon / Average Benchmark City*
per 1,ooo citzens
Traffic Citations
37.5 / 23.9
Motor Vehicle Theft
1.2 / 2.4
Calls for Service
768.3 / 121.2
DUI
16.5 / 2.6
Latest Overland Park Benchmark Cities Survey 2021*
Theft
11.9 / 11.9
Worked with Community Development, Engineering and Facilities to implement a Wildland Fire
Evacuation Emergency Siren system with five sirens.
Another successful Wildland fire Evacuation exercise
Created a Safe Community Meetup spot at the PD
Participated in multiple Special Olympic fundraiser events to include Tip a Cop, Torch Run and
Polar Plunge
Completed Autism/ Spectrum Awareness training provided by Ascendigo
Assist with weekly unloading of Vail Valley Salvation Army food delivery trucks
Permitted officers to wear beards/goatees
Extreme risk protection order (Red flag) Avon PD granted first one for law enforcement in Eagle
County and recently renewed it
Proudly draped LGBTQIA+ flag on PD building as ally and supporter to our community
Three graduations from Denver University Daniels School Public Leadership program
Shop with a Cop-, 29 children with over $9,000 raised.
We continue as a nationally accredited agency through the Commission on Accreditation for
Law Enforcement Agencies (CALEA)
Another successful Law Enforcement Ski Program at Beaver Creek
Mental Health Wellness, constantly working on our own wellness via Peer Support and
mandatory annual wellness check ins for all officers with a licensed clinician.
Crisis Intervention Training (CIT), all of our officers complete the 40-hour training either during
the field training program or shortly thereafter. We have nearly 100% of officers certified in
CIT.
Avon PD has become a Georgetown University Active Bystandership for Law Enforcement
(ABLE) agency. Three officers completed the instructor training and 2/3 of our officers have
completed officer training
School Resource Officer Gaspard and Officer Villegas participated in the Police Memorial Week
in Washington D.C
Chief Daly serves on both the Colorado Peace Officers and Standards Training Board and the
Colorado Task Force on Drunk & Impaired Driving
Deputy Chief Cosper serves on the Victims Assistance and Law Enforcement Board (VALE)
Avon PD participated in the national Faith and Blue Weekend
Training. Avon PD officers complete over 100 hours of in-service training per year to ensure
officer safety, community safety, adherence to the rule of law, adherence to national
accreditation and reduced risk mitigation.
Use of force/ response to resistance. There were 19 incidents in 2022 where Avon Officers had
to use force. Force includes directing a weapon in a high-risk situation. In 11 incidents a police
firearm was pointed at a suspect, taser was pointed 4 times and a taser was deployed 1 time.
There were no serious injuries to officers or suspects in all of these encounters.
Professional standards inquiry (PSI)/ internal affairs. There were five PSIs, four were vehicle
accident or vehicle damage related and the fifth was a violation of departmental policy. Four of
the PSIs were sustained and one was unfounded.
Mental health response: In 2022, Avon police officers responded to 77 Welfare Checks, 4
Mental Health Holds,46 Suicidal calls, 55 Calls for Service directly related to Hope Center
Highlights
Community Initiatives &
Partnerships
Law Enforcement Immigrant Alliance, National Drug
Takeback Program, Annual Food Drive, Vail Valley
Salvation Army Weekly Food Unloading, Law
Enforcement Ski Program at Beaver Creek, Speak Up
Reach Out Suicide Prevention, Vail Health Behavioral
Health, Victims Assistance and Law Enforcement Board,
Treetop Forensic Interview and Child Advocacy Center,
Facebook, Department Chaplains, National Night Out,
School Resource Officer Program, Latino Academy,
Citizen's Academy, Riverbridge Forensic Interview and
Child Advocacy Center, Your Hope Center, Avon Liquor
Licensee Meetings, Colorado Peace Officers and
Standards Training Board, Shop with a Cop, Colorado
Special Olympics, My future Pathways, Vail Valley
Latino Show, Corazon de Mujer/Hearts Reign
Organization, Kids, Cops and Hoops, Faith and Blue
Weekend, Coffee with a Cop, Pride in the Park, Daily
Drug Takeback Safe, Sexual Assault Awareness Month,
Safe Meetup Spot
Michael Davidson
Resigned 10/13/21
1 Year, 7 Months ? to Replace
Matt Jamison
No Longer in Office Remote
08/22
Retired 12/31/22
10 Months ? to Replace
JUNE
2021
Eric Benson
Resigned 06/05/21
1 Year to Replace
Derek Lopez
Resigned 06/05/21
1 Year, 3 Month to Replace
Mike Lundblade
Last Day of Work PTO 09/07/21
Retirement 10/08/21
8 Months to Replace
Toby Baldwin
Resigned 10/08/21
1 Year, 5 Months to Replace
601 Josh Hernandez
CRO 06/28/21
Police Officer Recruit 08/09/21
Academy Graduation 12/21
Completes FTO 06/16/22
601
620
614
611
616
601
Cirilo Zarate
Police Officer Recruit 08/10/21
Academy Graduation 12/21
Completes FTO 08/29/22
620AUG
2022
Theresa Reno
Lateral Hire 3/22
Completes FTO 05/18/22614MAY
611 Mike Emery
Police Officer Recruit 05/03/22
Academy Graduation 08/22
Completes FTO 03/05/23
611MARCH
2023
John DeGhetto
Police Officer Recruit 05/03/22
Academy Graduation 08/22
Completes FTO TBD
616MAY
2023
JUNE
2021
SEPT
2021
OCT
2021
OCT
2021
2022
JUNE
2022
604 AUG
2022
604 Rio Burgess
Police Officer Recruit 08/15/22
Academy Graduation 12/22
Completes FTO TBD
604JUNE
2023
Staffing Changes 2022
Avon's Angels
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Phillips and Avon Town Council Members
FROM: Chief Greg Daly
RE: The Avon Police Department’s Accountability Report regarding the request to use
Facial Recognition Services in accordance with Colorado Revised Statutes (C.R.S.)
24-18-302
DATE: June 13, 2023
SUMMARY: Facial Identification/facial recognition has evolved into a cutting-edge crime solving/ crime
fighting investigative tool. Generally, there are two uses of facial recognition- “live view” at some airports
for example, where faces from live footage security cameras are compared against an active database, or
the more widely used, post incident/event facial identification comparison of “still” photographs against a
photo database of known offenders (typically from arrest booking photographs). This accountability report
centers around “still photograph” facial identification and not live surveillance. The comparison of a still
photographic image can provide a selection of possible investigative lead photographs that an investigator
can compare with and analyze against. The investigator then builds his/her case with other independent
evidence. Importantly, while facial recognition service ("FRS") results are valuable, the results of an FRS
comparison cannot serve as the sole basis to establish probable cause in a criminal investigation.
In June 2022, the Colorado State legislature passed Senate Bill 22-113 (SB113), which enacted
C.R.S. §§ 24-18-301 through 24-18-309 imposing new requirements on local government agencies,
including law enforcement, related to the use of facial recognition services .
Investigative uses of FRS by law enforcement are subject to the statute, C.R.S. § 24-18-301, et
seq. SB113 requires that a municipal police department that wishes to use or to continue to use an FRS for
investigative purposes must file with its city council a “Notice of Intent” and thereafter an “Accountability
Report” related to its proposed use of FRS. The Avon Police Department provided an initial notice of intent,
held three community public comment/listening sessions, provided a public comment link on our website
and this is the final accountability report from the public process. This final report has been posted to the
Town of Avon website and to the Avon Police Department website. We are also required to provide a
biannual accountability report to the Avon Town Council.
BACKGROUND: The Avon Police Department has the potential availability of three facial recognition
services (FRS).
➢ The Department of Revenue, Motor Vehicle Investigations Unit, Law Enforcement Communications
Center utilizing its database of driver’s license photographs.
➢ The Colorado Bureau of Investigation, utilizing post arrest booking “mugshot” photographs from
Sheriff’s Offices primarily in the Denver metro area and from the Federal Bureau of Investigation.
➢ The Colorado Information Sharing Consortium (CISC) Regional Data Warehouse utilizing the Lexis
Nexis/Lumen information exchange IT platform. CISC is a consortium of eighty-seven (87)
Colorado law enforcement agencies. The mission statement of CISC is “Making data-driven crime
solutions available to all Colorado law enforcement agencies .” The database comprises of post
Page 2 of 26
arrest booking “mugshot” photographs from all the Colorado member agencies that submit their
booking photographs to the consortium (https://cisc.colorado.gov/).
Facial recognition technology must only be used for legitimate law enforcement purposes. Authorized uses
of facial recognition technology are limited to the following:
1. To identify an individual when there is a basis to believe that such individual has committed, is
committing, or is about to commit a crime;
2. To identify an individual when there is a basis to believe that such individual is a missing person,
crime victim, or witness to criminal activity;
3. To identify a deceased person.
4. To identify a person who is incapacitated or otherwise unable to identify themselves;
5. To identify an individual who is under arrest and does not possess valid identification, is not
forthcoming with valid identification, or who appears to be using someone else’s identification, or a
false identification; or
6. To mitigate an imminent threat to health or public safety (e.g., to thwart an active terrorism scheme
or plot).
Senate Bill 22-113 was passed with an intent to regulate the use of and ensure adherence to many privacy
concerns expressed by the legislature at that time. A law enforcement agency shall not apply a facial
recognition service to any individual based on the individual's religious, political, social views or activities;
participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity ,
citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity,
sexual orientation, or other characteristic protected by law.
After filing the notice of intent with the Avon Town Council on March 14th and prior to finalizing this
accountability report, the Avon Police Department complied with the legislation by:
(a) allowing for a public review and comment period by opening a comment section on our website;
(b) held three public meetings to obtain feedback from our community; and
(c) considered the issues raised by the public through the public meetings.
As a result, our presentation of this accountability report tonight and based on the Town Councils final
decision, if approved, we will allow for a ninety-day period before the Avon Police Department utilizes a
facial recognition service. As required, we have posted the final adopted accountability report on the
agency's public website and submitted it to the agency's reporting authority (Avon Town Council). The
reporting authority shall post the most recent version of each submitted accountability report on its public
website. The report has been posted to the Town of Avon website. An agency shall update its final
accountability report and submit the updated accountability report to the agency's reporting authority at
least every two years.
Another major point for consideration from this legislation is that any suspect candidates who are identified
by a facial recognition solution are viewed “only” as an investigative lead and should not be viewed as the
sole basis for probable cause in a criminal investigation. The results are to be used by officers or
detectives merely as possible leads in identifying a suspect in a criminal investigation. The officers and
detectives will ensure that their decisions are subject to meaningful human review before proceeding with
Page 3 of 26
the investigation in accordance with C.R.S. § 24-18-303. Use of FRS will follow state law, and the
limitations of C.R.S. § 24-18-307 will be respected.
The act prohibits an agency from using an FRS to engage in ongoing surveillance (like at an airport);
conduct real-time or near real-time identification; or start persistent tracking unless the law enforcement
agency (LEA) obtains a warrant authorizing such use, such use is necessary to develop leads in an
investigation, the LEA has established probable cause for such use, or the LEA obtains a court order
authorizing the use of the service for the sole purpose of locating or identifying a missing person or
identifying a deceased person. Avon PD does not have any internal resources that would allow for real-
time surveillance using FRS, but if we were to request that resource from an outside agency, we would
obtain a search warrant per the statue.
Pursuant to C.R.S. § 24-18-306, an agency must maintain records that are sufficient to facilitate public
reporting and auditing of compliance with the agency's facial recognition policies. Accordingly, Avon PD
will create an internal database to track when officers submit a photograph to any outside agency for facial
recognition, tracking the requesting officers name, the case or event number for the inquiry , the type of
investigation, the outside FRS agency that we are requesting to conduct a facial recognition search and if
the facial recognition comparison led to any outcomes. This information will be incorporated into a
statistical biannual accountability report for the Town Council.
PUBLIC COMMENT AND PUBLIC LISTENING SESSIONS:
Per our Communications Manager Liz Wood, we advertised the public listening sessions via Vail Daily
Digital Advertising. We ran three print advertisements in English and three in Spanish - one for each
meeting. We spent $1,000 on digital ads on VailDaily.com in two languages that clicked through to the
webpage with more information and the public comment form. We received 51,895 impressions (views) of
the ads. Twenty-four people clicked on the ads to go to the PD webpage about facial recognition.
We posted information regarding the public comment section and public meetings on both the Town of
Avon and Avon PD’s Facebook.
We had two public comments through the public comment section on the PD website.
“From Avon Resident. Received 3/24 at 1:54 PM
While I am not in favor of police, law enforcement or anyone utilizing live streaming facial recognition
technology for any kind of surveillance. I am in favor of the use of this facial recognition technology for the
requested specific uses.
From Avon Resident. Received 4/4 at 3:31 PM
It starts with facial recognition, then it will be digital ids, then social credit scores. As if there is so much
crime in Avon that they need facial recognition.”
We had the following comments on the PD Facebook post. The individuals did not comment as to whether
they were Avon residents;
“Person # 1
Because of such an increase in crime. My personal opinion says, you're warranted to use such a tool. Why not use an
appropriate tool to specifically monitor for crime of any kind. Minor to major. Anyone who wouldn't agree just might have
Page 4 of 26
something to hide. Because if you're worried about being identified for something you haven't done in a place you
weren't.
You need an evaluation. Good luck.
Person #2 to Person # 1 you may be willing to give up your freedom to privacy, but in my opinion, if this was really about
crime, we need a justice system that will actually punishes criminals.
Using AI and databases to fight crime is really just a myth. To prove it, we have finger printing systems, probation and
parole systems, ankle monitors and GPS tracking software. Plus, some of the best intelligence agencies and crime fighting
techniques but Crime is still prevailing. Why?
Founding fathers have stated those who are willing to sacrifice freedoms for security deserve neither. The nazi proved it.
Person # 1 to Person # 2
I understand where you're coming from, and I agree. "If" identify was the only incident. Everything is connected and if
you're soft on crime. This is absolutely unnecessary.
However.
And I don't know. Perhaps law enforcement should be allowed to be tough on crime. Hands being tied?
No doubt, in areas. I don't have their solution. I can see how a tool like this can be useful for what they are talking about.”
Example of post to Town of Avon Facebook
Page 5 of 26
We posted a poster at the Avon Library and provided posters to Aspens Property Management for
distribution. Additionally, the last public comment meeting was conducted during the April 25th council
meeting and the agenda was advertised via the usual channels.
On March 24, Detective A. Herendez completed a Facebook live Spanish interview with the Vail Valley
Latino show, answered questions and advertised the three public comment/ listening meetings ;
https://www.youtube.com/watch?v=JKRmdeiD_4I Minutes 5:00 – 12:03
On April 6, the Vail Daily published a news article about Facial Recognition and our public process;
https://www.vaildaily.com/news/avon-police-department-campaigns-for-use-of-facial-recognition-services/
We had three public comments session.
1. March 29th at 7:00pm at the Aspens Mobile Home Park, Community Center, 901 West Beaver
Creek Boulevard, Avon, CO 81620- We had 26 attendees.
2. Saturday April 15th at 11:00am at Avon Public Library, 200 Mikaela Way, Avon, CO 81620 - No
attendees.
3. April 25th at 5:00pm at the Avon Town Council meeting at 100 Mikaela Way, Avon, Co. 81620- Two
community members made comments and asked questions and Town Council members had a
number of questions and requested some clarifications.
This is a summary of the comments from the Aspens meeting and the Town Council Public comment
session.
“Community Input Meeting
Aspens Mobile Home Park
March 29, 2023
Public Questions/Comments:
APD will be using the technology to map a person’s face, correct? Yes
Will we be placing the cameras in certain places to get the photos? No
If we (APD) get a photo, we send it in, will we be doing that for every person? No, it can be used on crimes
where the suspect is unknown. We can try to identify if we have a photo.
A community member asked if it had worked in Vail during the string of b ike/ebike thefts as they recovered
many bikes. The Chief stated Vail hasn’t gone through this process yet, it was most likely other shared
photos and some personal knowledge helped capture the thieves.
Is it going to be more exact to identify person(s) who committed the crime? Technology and photo clarity
are improving so hopefully we can get more positive results in the future.
Is it enough probable cause for an arrest if your face matches? No, APD can use the information as a lead
only in their investigation but not probable cause for an arrest. We would still have to build a case; this
technology is just one tool in an investigation.
Page 6 of 26
Where are the cameras? Avon is not placing cameras for this purpose. Businesses or personal cameras
will potentially capture photos and can be shared with the department.
Comment: A great tool to have because it will help eliminate doubt about a suspect and also a good thing if
it brings justice for victims of crime.
Comment: Valuable given everything going on with schools and shootings.
Is it a requirement for stores/public places to have cameras? No.
Are there programs that will provide cameras? Not specifically.
Can HOA’s and such forbid people to put up cameras (such a s Ring) outside their house? If you have a
camera installed at your residence you can’t pick up privacy matters in someone else’s house. Some
places may not allow drilling for installation but there are battery operated/wireless cameras available.
One resident said he supports it. He also feels like having access and spreading awareness of it may deter
people from committing crimes.
If Crime occurs in Avon, can we send to other agencies before we fully investigate in hopes to catch
criminals? We already do this (depending on the crime) in hopes of finding people more quickly
(surrounding Law Enforcement agencies, Facebook etc.)
It was asked if it can be shared to the community in general (we cannot currently use ECalert/Everbridge
for this purpose) and if people can share this information and the answer was yes.
One resident stated they receive amber alerts through the phone, is this different technology or similar?
Different.
Do we think technology will help speed up identifying a suspect? It may be one of many tools that will help.
A resident was wondering if we can utilize it anywhere in Eagle County or just Avon? The Cou nty (and
other towns) will have to go through the same public input process as Avon is in order to use it.
APPLAUSE from the crowd because Avon likes to be a leader!
As a community what can we do to help get this approved? Provide comments on Avon PD’s Facebook
page and on the website, whether for or against. Comments can be in English or Spanish.”
We received a follow up email from Augustina Del Hoyo, Resident Manager for the Aspens;
“Thank you for last night's conference. Thank you for your concern for the safety and well -being of our
community, families and children.
The Aspens community will be supporting the Facial Recognition Project.
Best regards
Page 7 of 26
Agustina Del Hoyo, Resident Manager, The Aspens Mobile Home Village ”
These were the two public comments/questions at the April 25th public comment session at that Avon Town
Council Meeting.
A resident of Wildridge raised questions related to how often Avon PD expects to use the technology and
under what kind of circumstances, is it 100 times, are they for murders or is it five times and they are for
jaywalk offenses.
Chief Daly responded that he could not see it happening very often because it will be down to the
quality/resolution of the photographs submitted. He discussed an internal debate over whether facial
recognition should be used only for serious crimes or felonies, and he shared a little story that he
mentioned at the first meeting (at the Aspens Community Center) regarding an example of an event at
Walmart, where a person had their handbag stolen from Walmart, should the Police Department be limited
using this technology where that person had their last $300 in their life in that handbag (stolen), and
whether it was as important to pursue justice for that person versus a more serious crime. Chief Daly
shared that a lady came up to him after the meeting to say that it was her and that she had her last rent
money in her bag. The Avon Police Department was able to track that individual down and repatriate the
money back to her. Chief Daly confirmed that the PD would not be using facial recognition for jay walking,
but yes on thefts, assaults, and more serious crimes. Chief Daly didn’t want to put a limit on the types of
crimes that the PD utilizes facial identification technology, because to one person $300 may not be a big
deal but that the aforementioned lady came up and said that it was her last rent money. That was why
Chief Daly did not want to put a restriction on it. However, we would not waste their time (the facial
recognition services) with simple cases, and Chief said that we already do community facial
identification/recognition by our Facebook posts with nearly a 70% success rate when asking the
community if they recognize a person of interest.
Another resident of Avon raised a couple of questions; what constitutes a basis that such individual has
committed, is committing or will commit a crime. What assurances are there that Avon PD will abide by the
six authorized uses and what are the repercussions if an officer were to violate the terms of service?
Chief Daly shared that in terms of has, is or will commit a crime comes out of the statute book. Chief Daly
said that most incidents would be post incident where the PD would try to use facial recognition. In terms
of will commit, Chief Daly gave an example of individual making threatening remarks on a Facebook post or
other social media where we would want to identify that individual to see if a future violent crime may be
committed against a person or an institution. Chief Daly confirmed that it is in the statute book that we can
only use it for the aforementioned reasons, and we would be subjec t to violation of a crime if we were not
to. The Police Department is required to come back every two years with an accountability report and the
plan is to keep a log for every instance of use. Chief Daly shared that misuse of this technology by an
officer could lead to disciplinary repercussions for an officer up to including termination and or criminal
charges.
Additional councilmember questions included whether we could access photographs from outside of
Colorado. Chief Daly confirmed that through the Colorado Bureau of Investigation, they can pull from the
Federal Bureau of Investigations booking mugshot photograph database. The question of costs came up.
Chief Daly confirmed that there was no specific additional cost for the facial recognition services as we
were already paying an annual subscription service fee for Lumen services to include the database
Page 8 of 26
exchange between law enforcement agencies throughout Colorado and facial recognition. However, there
would be a new training cost of $150 per officer for a four-hour training course for nineteen officers and
$550 each for two detectives for a 24-hour training course for a total new training cost of $3,950.
A subsequent council question revolved around the crime rates in Avon, types of crimes,
misdemeanors/felonies, and the frequency of those crimes in Avon. The following table gives a quick
summary of crimes from 2017 to 2022.
Avon Police Department
2006-2022 Activity Statistics
2017 2018 2019 2020 2021 2022
Total Crimes Reported 798 827 668 530 564 536
Group A Crimes 313 359 201 285 287 264
Group B Crimes 487 468 426 245 277 272
Clearance Rate .43 .51 .48 .46 .44 .37
Total Reports 901 855 703 662 664 693
Calls for Service 22,890 20,632 20,213 26,741 20,253 18,236
Dispatched calls 4,712 4,996 4,850 4,274 4,728 4,610
Traffic Accidents 159 154 155 139 127 147
Traffic Accidents
Alcohol/Drug Impaired
7 7 12 5 13 11
Total Arrests 392 392 345 273 321 258
Adult Arrests 365 354 318 251 309 248
Juvenile Arrests 27 38 27 22 12 10
Felony Arrests 53 71 45 31 45 38
Sexual Offenses 11 14 7 10 10 9
Robbery 2 0 0 3 0 1
Burglary 7 13 1 3 3 13
Larceny 109 113 83 73 71 72
Motor Vehicle Theft 7 5 10 10 11 7
Assault 43 67 47 59 59 52
Arson 0 0 0 1 0 0
Forgery/Counterfeiting 3 5 4 2 2 5
Fraud 27 20 17 17 37 31
Vandalism 63 65 36 70 55 46
Weapon Offense 4 6 4 4 3 3
Narcotics 34 41 26 21 17 11
DUI 133 108 97 69 91 100
Liquor Laws 14 15 24 13 12 10
Disorderly Conduct 20 27 21 19 26 24
Domestic Violence 33 43 41 31 37 24
Traffic Stops 2281 1985 1949 1770 1680 1523
Total Traffic Warnings 1620 1561 1508 1266 1192 1110
Written Traffic Warnings 1463 1378 1423 1299 1212 1146
Traffic Summons 508
309 302 308 307 228
Chief Daly subsequently responded on 05/07/2023 to an email question from an Avon resident regarding
his estimate of how many times he foresees this technology being used. The question was ““In how many
cases over the year would you have used facial recognition had it been available to you, and what kind of
cases were those?”
“Mr.???, to answer your previous question, these are examples of the instances that my detective could
remember that we may have submitted photos for facial identification comparison. If this process is
Page 9 of 26
approved by the council, going forward we will keep a log of every photo that we submit for facial
identification comparison.
2022: 4 Total Cases
o Fraud/Identity Theft/Theft from the Westin
o Theft from Rec Center
o Theft from Walmart
o Theft from Walmart
• 2023: 4 Total Cases (From the start of the year till now)
o Theft from Avon Truck and Auto
o Hit and Run at Avon Center
o Ski Theft from the Westin
o 2nd Degree Assault & Disorderly
Respectfully,”
PRIVACY CONCERNS: As discussed, Senate Bill 22-113 was specifically created to ensure that privacy
concerns are met by statewide law enforcement agencies. The Avon Police Department will adhere to the
criteria set out by this bill. This system is designed as a crime prevention/investigative tool, to aid
officers/detectives in solving crimes against Avon citizens resident and guests and to bring justice for
victims of crimes.
FACIAL RECOGNITION SERVICES: Attachments A-C contain the responses to questions posed in
C.R.S. §§ 24-18-302 from the three facial recognition services that are available to the Avon Police
Department.
TRAINING: Avon PD will provide periodic training to its officers educating them on the statutory
requirements regarding the use of facial recognition services, it’s capabilities and limitations, image
comparison principles, the procedures for using FRS, ensuring meaningful human review and the method
of logging the FRS search on the department official FRS record keeping database. We have explored
training through Ideal Innovations Incorporated for facial identification training courses (recommended by
General Counsel of one of the FRS) The basic four-hour introductory course costs $150 per officer and the
more advanced 24-hour course will provide the participant with a system-agnostic foundation for Facial
Examination. Participants will have the opportunity to conduct comparisons; learn key definitions, the
stability of facial features, and contributions to facial uniqueness. Challenges within the discipline and
agencies/organizations that are influencing the discipline are discussed. The 24-hour training costs $550
per officer. We intend that all officers will complete the four-hour course and the Department's two
detectives will complete the 24-hour courses. Officers who use the FRS will consult with a detective on the
images before they use the information as investigative leads.
FINANCIAL CONSIDERATIONS: There is no cost to use FRS though Colorado Department of Motor
Vehicles or the Colorado Bureau of Investigation. The Avon Police Department is a member of CISC, and
we pay a subscription of $2,163 per year to use the Lexis/Nexus Lumen database (cost is already included
in our budget). This covers our twenty-one commissioned officers. The LexisNexis/Lumen investigative
tool covers many investigative database resources and within these resources is their facial recognition
Page 10 of 26
service. If approved by Avon Town Council, nineteen officers will complete the four-hour course and two
detectives will complete the 24-hour course, 19 x $150= $2,850 and 2 x $550= $1,100 for a total of $3,950
(to be taken out of professional development/training budget).
STAFF RECOMMENDATION: The majority of public comment has been supportive in the Avon Police
Departments request to use facial recognition/identification resources. In the 90-day waiting period before
utilizing Facial Recognition resources, Avon PD officers will complete a 4 -hour familiarization training and
our two detectives will complete a 24-hour training. We recommend that the Avon Town Council authorize
the Avon Police Department’s use of the facial recognition /identification services as a crime solving
investigation tool. Avon PD will create a database for FRS use to facilitate public reporting. Finally, the
Avon Police Department will complete a biannual Facial Recognition Service accountability report to the
Avon Town Council.
PROPOSED MOTION: “I move to authorize the Avon Police Department’s use of facial recognition/facial
identification services, as a crime solving tool, with the understanding that the Avon Police Department will
ensure proper legal use, adherence to policy and provide proper training in its use. Additionally, the Avon
Police Department will produce, as legislatively required, a biannual accountability report on facial
recognition/identification use, to its reporting authority, the Avon Town Council.”
Thank you, Chief Greg Daly
# # #
ATTACHMENTS: Attachment A Lumen Rank/ One Computing
Attachment B Colorado Bureau of Investigation
Attachment C Department of Revenue, Motor Vehicle Investigations Unit, Law
Enforcement Communications Center
Page 11 of 26
Required data from the three facial recognition services that Avon PD would like to utilize:
Attachment A
Lumen/ Rank One Computing
After filing the notice of intent described in subsection (1) of this section, and prior to developing, procuring,
using, or continuing to use a facial recognition service, an agency shall produce an accountability report for
the facial recognition service. An accountability report must include:
(a)
(I) The name, vendor, and version of the facial recognition service; and Rank One Computing
Corporation’s ROC SDK version 2.2.1 provides the core facial recognition algorithms that are utilized in
LexisNexis Risk Solutions’ Lumen product, an integrated data platform leveraged by public safety analysts,
investigators, patrol officers and commanders to help solve cases faster.
(II) A description of its general capabilities and limitations, including reasonably foreseeable
capabilities outside the scope of the agency’s proposed use; Lumen may be used in an investigation to
help identify potential suspects by comparing a single probe image of an unknown suspect to a collection of
candidate facial images provided by the Colorado Information Sharing Consortium (CISC). Lumen provides
multiple results, each with a given match score generated by the ROC SDK’s facial recognition algorithms.
The match score is designed to indicate the likelihood of the probe image matching a given result.
The core facial recognition algorithms depend primarily on the image quality of the probe image and
candidate images and on the robustness of the algorithm development process. The primary factors of
image quality are capture conditions, including camera sensor quality, field of focus, g lare, blur, low light,
high contrast, variable lighting, height of the camera, pose of the subject and occlusions between the
camera and the subject face. Algorithms are developed by processing training data through machine
learning architectures and iteratively testing accuracy on data that represents real-world conditions.
Accuracy of a match score may be impacted by poor image quality of the probe image and/or candidate
image or to the extent that operational data is fundamentally dissimilar to training data and/or testing data
selected in the research and development process.
(b)
(I) The type of data inputs that the facial recognition service uses; The Lumen facial recognition
service accepts images as data inputs.
(II) How data is generated, collected, and processed; and [LexisNexis] The candidate facial image
data is collected by the CISC from its member agencies, the national NCIS Law Enforcement Information
Exchange (LInX) and the FBI’s N-DEx national information sharing system Any images containing faces
are processed into Lumen’s facial recognition service. The probe image is collected in the course of an
investigation.
(III) The type of data the facial recognition service is reasonably likely to generate; The ROC SDK
generates a template of each facial image, which is a mathematical model of the unique subject, and which
may be compared to templates generated from other images to produce a match score. For each facial
image, the ROC SDK also generates metadata including pitch, yaw, image quality estimations and facial
analytics like age, gender, geographic origin, emotion, facial hair, glasses and mask estimations.
(c) A description of the purpose and proposed use of the facial recognition service, including: When
provided a probe image to search against a collection of candidate images, Lumen returns multiple results,
Page 12 of 26
sorted by the highest match score generated by the ROC SDK’s facial recognition algorithms, Once
Lumen provides a list of results, a human investigator must review the results before making any
determination of a possible match. A possible match determination may be used as an investigative lead
that is treated in a similar manner as an anonymous tip. In particular, the investigative lead does not supply
adequate probable cause to make an arrest without additional evidence. The intended benefit of using the
Lumen facial recognition service is to generate investigative leads for further investigation with the hope of
solving unsolved crimes. In comparable use by the New York City Police Department (NYPD) since 2011,
the NYPD has successfully used facial recognition to identify suspects whose images have been captured
by cameras at robberies, burglaries, assaults, shootings, and other crimes. In 2019 alone, the Fac ial
Identification Section received 9,850 requests for comparison and identified 2,510 possible matches,
including possible matches in 68 murders, 66 rapes, 277 felony assaults, 386 robberies, and 525 grand
larcenies with no known instance which a person was falsely arrested on the basis of a facial recognition
match. (See https://www.nyc.gov/site/nypd/about/about-nypd/equipment-tech/facial-recognition.page)
(I) What decision will be used to make or support the facial recognition service; and
(II) The intended benefits of the proposed use, including any data or research demonstrating those
benefits;
(d) A clear use and data management policy, including protocols for the following:
[DEFER TO ARAPAHOE COUNTY – see NYPD and CISC models]
(I) How, when, and by whom the facial recognition service will be deployed or used; to whom data
will be available; the factors that will be used to determine where, when, and how the technology is
deployed; and other relevant information, such as whether the technology will be operated
continuously or used only under specific circumstances;
(II) If the facial recognition service will be operated or used by an entity on the agency’s behalf, a
description of the entity’s access and any applicable protocols;
(III) Any measures taken to minimize inadvertent collection of additional data beyond the amount
necessary for the specific purpose for which the facial recognition service will be used;
(IV) Data integrity and retention policies applicable to the data collected using the facial recognition
service, including how the agency will maintain and update records used in connection with the
service, how long the agency will keep the data, and the processes by which data will be deleted;
[LexisNexis] The agency determines retention and collections policies. On the FaceRec side we
sync all data the agency has in Lumen into the FaceRec service; therefore, their current data
retention policies apply to FaceRec as well.
(V) What processes will be required prior to each use of the fa cial recognition service;
(VI) Data security measures applicable to the facial recognition service, including:
(A) How data collected using the facial recognition service will be securely stored and
accessed; and [LexisNexis] Facial recognition data is stored securely on Lumen servers, and
access is limited to authorized services within Lumen
(B) If an agency intends to share access to the facial recognition service or the data from
that facial recognition service with any third party that is not a law enforcement agency, the
rules and procedures by which the agency will ensure that the third party complies with the
agency’s use and data management policy;
(VII) The agency’s training procedures, including those implemented in accordance with section
24-18-305, and how the agency will ensure that all personnel who operate the facial recognition
service or access its data are knowledgeable about and able to ensure compliance with the use
and data management policy before using the facial recognition service; an d
(VIII) Any other policies that will govern use of the facial recognition service;
Page 13 of 26
(e) The agency’s testing procedures, including its processes for periodically undertaking operational tests of
the facial recognition service in accordance with section 24-18-304;
In accordance with subsection (4) of Colo. Rev. Stat. Section 24 -18-304, Rank One Computing submits the
ROC SDK for testing in the following series of the National Institute of Standards and Technology (NIST)
Face Recognition Vendor Test (FRVT) Ongoing:
1:1 Verification (https://pages.nist.gov/frvt/html/frvt11.html),
1:N Identification (https://pages.nist.gov/frvt/html/frvt1N.html),
Quality Assessment (https://pages.nist.gov/frvt/html/frvt_quality.html),
Demographic Effects (https://pages.nist.gov/frvt/html/frvt_demographics.html),
Paperless Travel (https://pages.nist.gov/frvt/html/frvt_paperless_travel.html) and
Presentation Attack Detection (https://pages.nist.gov/frvt/html/frvt_pad.html).
(f) Information concerning the facial recognition service’s rate of false matches, potential impacts on
protected subpopulations, and how the agency will address error rates that are determined independently
to be greater than one percent;
On the NIST 1:1 leaderboard, available here: https://pages.nist.gov/frvt/html/frvt11.html, The latest version
of the ROC SDK, version 2.4 is currently listed as the #10 algorithm out of 478 total entries (top 2%),
placing Rank One Computing top 7 among vendors overall. The algorithms ahead of Rank One are
produced by Chinese companies who are prohibited from doing business in the United States due to
human rights violations (CloudWalk, SenseTime and Megvii), a Russian company that is seeking to
rebrand as a Dutch subsidiary of a Luxembourg fund, which in turn is a subsidiary of Russia’s largest
telecom (Intema fka VisionLabs and a subsidiary of Mobile TeleSystems PJSC) and Korean providers
Samsung and Kakao.
Page 14 of 26
Results also continue to be available for the earlier submitted versions ROC SDK v2.2, listed as rankone-
013 and ROC SDK v2.0, listed as rankone-012.
For the ROC SDK v2.2, listed as rankone-013, the overall false match rates (FMR) range from 0.001% (1 in
100,000) to 0.0001% (1 in 1,000,000) with the equivalent false non-match rates (FNMR) shown above,
ranging from 0.26% to 5.43%.
In the NIST Demographic Effects series (available here:
https://pages.nist.gov/frvt/html/frvt_demographics.html), the ROC SDK shows accuracy of less than 4%
FMR with less than 0.2% FNMR across all 70 sub-populations of the NIST test data, with the lowest scoring
demographic being West African females aged 65 -99 years old. The potential impact of a false match,
including on protected subpopulations, is mitigated by the human investigator review requirement as well
as by the requirement to develop additional evidence prior to making an arrest. The direct impact of an
erroneously high match score from the ROC SDK is that a candidate would rank higher on the list of results
returned by Lumen for human investigator review. The human investigator would then apply his or her
skills, training, and experience in facial examination to closely review the unique facial characteristics of
each of the candidates on the list. The human investigator may select one of the candidates from the list of
results and make a possible match determination on the basis of similarity of facial characte ristics between
the candidate and suspect image, or instead may determine that none of the candidates from the list of
results are a possible match. If the false match eluded both the ROC SDK and the human investigator, it
could become an investigative lead, which may trigger additional investigation into the relevant candidate.
In the absence of additional evidence, erroneous investigative leads do not result in a false arrest . As
shown by the NYPD statistics, facial recognition is used tens of thousands each year by a single agency
without a known instance of false arrest (see https://www.nyc.gov/site/nypd/about/about -nypd/equipment-
tech/facial-recognition.page). Across the nation, automated facial recognition has been used millions of
times by law enforcement agencies, and there are only three known false arrests involving automated facial
recognition. Each of these false arrests is attributable to violation of applicable policies and procedures,
particularly the requirement to develop independent evidence to support probable cause prior to making an
arrest.
Page 15 of 26
(g) A description of any potential impacts of the facial recognition service on civil rights and liberties,
including potential impacts to privacy and potential disparate impacts on marginalized communities,
including the specific steps the agency will take to mitigate the potential impacts; and
DEFER TO ARAPAHOE COUNTY
(h) The agency’s procedures for receiving feedback, including the channels for receiving feedback, from
individuals affected by the use of the facial recognition service and from the community at large, as well as
the procedures for responding to feedback.
DEFER TO ARAPAHOE COUNTY
(3) Prior to finalizing an accountability report, an agency shall:
(a) Allow for a public review and comment period;
Page 16 of 26
(b) Hold at least three public meetings to obtain feedback from communities; and
(c) Consider the issues raised by the public through the public meetings.
(4) At least ninety days before an agency puts a facial recognition service into operational use, the agency
shall post the final adopted accountability report on the agency’s public website and submit it to the
agency’s reporting authority. The reporting authority shall post the most recent version of each submitted
accountability report on its public website.
(5) An agency shall update its final accountability report and submit the updated accountability report to the
agency’s reporting authority at least every two years.
(6) An agency seeking to procure a facial recognition service must require each vendor to disclose any
complaints or reports of bias regarding the vendor’s facial recognition service.
Rank One Computing Corporation has not received a complaint or report of bias regarding any version of
the ROC SDK. Rather, in operational environments, the ROC SDK has shown a high degree of accuracy
across all demographic sub-populations without statistically significant error differentials due to
demographic bias. NIST FRVT testing has explored demographic performance differentials, with the results
made publicly available on its website. In addition to the Demographic Effects series data noted above,
which involves data from foreign visa applications, there are also demographic performance results
available in the 1:1 Verification series that show the receiver operating characteristic curve error tradeoff
between FMR and FNMR for four subpopulations – white male, white female, black male and black female
– based on data from US mugshot photos (see Figures 157 -179 of the February 2, 2023 report).
Page 17 of 26
Attachment B
Colorado Bureau of Investigation Facial Recognition Accountability report
December 2022
Agency and Vendor Information
Agency Name Colorado Bureau of Investigation
Agency Contact Investigations
Agency Phone Number 303-239-4201
Vendor Name Idemia
Software Information
Name of Software Idemia MBIS Module – MorphoBis Face
Version of Software 4.4
General Capabilities
Create a template of an unknown person’s face image, to
then compare it to a known mugshot database to determine
whether there is a likely match. The comparison is achieved
through a multi-stage architecture with successive
algorithms and is then assessed by human analysis.
Limitations The system is only as good as the mugshot photos law
enforcement agencies submit to the CBI/FBI.
Reasonably foreseeable
Capabilities outside the scope of
the agency’s proposed use
While there are no plans to use it for such at this time, it
could help identify a deceased person, or a victim of a crime
if there is a photo available.
Is the software/service live
surveillance or mugshot based?
Mugshot based. There is no live component to this system.
A photo must be manually uploaded into the system of
mugshots to be searched.
What decision was used to make or
support the Facial Recognition
Software?
The CBI believes having the technology available for use will
help solve crimes
Page 18 of 26
Purpose and Proposed Use of Facial Recognition Services
The purpose of using Idemia’s MorphoBis Face software is to generate an investigative lead based
on a photograph, or image pulled from a video to help solve an investigation into a crime. This is
not a live surveillance system so there is no real time surveillance being used, it is strictly used on a
case-by-case basis. An agency must be actively investigating a crime, with a case number, and
have a usable photograph or image pulled from a video feed in order for the CBI to use the
software. The photo will be entered into the software and run against the CBI and FBI mugshot
databases only. Once the software returns its results, a CBI analysist who has been trained in
Forensic Facial Comparisons will perform a manual analysis of the results and see if it is a
possibility the generated results could be a lead of LEO. If the analysist determines it is a
possibility, that lead is given to the requester as an investigative lead only. The leads generated
cannot be used for probable cause and are not considered to be a positive identification of a
person.
Data Information and Security
Type of Data inputs used Photograph, or a still image taken from a video
How is the data generated,
collected, and processed?
The search photo is generated and collected from a
surveillance video or camera, or taken by a witness etc. It is
scanned into the computer and
What type of data the system is
reasonably likely to generate?
The system may produce an investigative lead for law
enforcement. The system is not to be used as a form of
positive ID and cannot be used as a basis for probable
cause. It is to be used as an investigative tool for the LEO to
pursue as their investigation continues.
How will data collected be securely
stored and accessed?
The software resides on the CBI secure network and can
only be accessed from that secure connection.
What, if any measures are taken to
minimize the inadvertent collection
of data beyond the amount
necessary for the specific purpose
the facial recognition
software/service will be used?
This does not apply; it is not a surveillance type system.
Page 19 of 26
Agency’s Procedure to Include
Periodically Undertaking
Operational Tests per 24-18-304
Query the face recognition system with images whose exact
binary copies have already been enrolled in the database.
Ensure the Rank-1 match candidate has the same image as
the probe. Continue to perform the first two steps with
additional images as often as availability of computing
resources and human effort allow. Testing is performed to
ensure Gallery images are properly enrolled, and their
corresponding templates are both valid and accessible. The
Face Recognition (FR) system’s network access is not
interrupted for any distributed resources. Software running
on local and network resources is not exhibiting any failures.
Data Integrity and Retention Policies
How will the agency maintain and
update records?
The searched photo is not retained in the database after its
search; therefore, it is never searched again. A copy of the
report generated will remain within the record management
system indefinitely for retention and audit purposes.
How will the agency address error
rates that are determined
independently to be greater than
1%?
Idemia is verified by the National Institute of Standards and
Technology (NIST), who is quoted as saying “One important
exception is that some developers supplied identification
algorithms for which false positive differentials are
undetectable. Among those is Idemia…” Idemia has been in
the top ten for both Demographic differentials and vendor
accuracy in the NIST tests for several years.
How long will the agency keep the
data?
The CBI’s mugshot database is permanent, so all mugshots
submitted to the CBI with an arrest will remain in the
database. The search photo (probe) is never inserted or kept
in the database. It is a simple search and purge function that
takes place when searching against the database.
What is the process by which data
will be deleted, if applicable?
A search and purge function is in place, as soon as a search
image (probe) is done with its search of the database, it is
purged from the system, it is not inserted into the database
ever.
Intended Benefits
Benefits To aid in the investigation process to help identify potential
subjects of a crime.
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Any data or research
demonstrating these benefits:
Not addressed
Policies and Procedures
Training Procedures
Users must have training in both the Facial Software, as well
as an FBI approved face comparison and identification
training.
CBI Standard Operating Procedure SOP#
facial recognition Use Policy CBI Facial Identification Directive 4.30
What processes will be required
prior to each use of the facial
recognition software/service?
Photo in question must be of usable quality. There must be
an active case number and ongoing investigation that
involves the person in question in the photo. User will Login
with a secure username/password.
Use Cases
When and why will facial
recognition Software/services be
used?
After a written request has been made to the CBI. The CBI
requires that the request come from a Law Enforcement
Agency email address, and that they provide an active case
number, and description of the crime. CBI will then perform a
Quality Control check to determine if the photo is of usable
quality.
How will the facial recognition
software/service be used?
By CBI employees who are trained on the Idemia Software
and have successful completed Forensic Facial Training
Programs.
To whom will the data be
available?
Only the law enforcement agency that requested the search
and retained by the CBI.
Is the technology constant or only
under specific circumstances?
Not constant, it is not a live feed surveillance system. It
requires a person to manually upload a photo into the
system in order for it to be used. It will only be used when a
crime has been committed and a law enforcement agency
has a good quality photo of the suspect to search.
Where is the technology deployed
or used?
The software is not deployed to a location. It is used from
CBI computers to search the CBI and FBI database. It is not
a surveillance system.
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Outside Agency Use
If the facial recognition
software/service will be used or
operated by an entity on the
agency’s behalf, provide a
description of the entity’s access
and all applicable protocols:
No other agency will have use of The CBI’s system. They
can request searches be performed; however, a CBI staff
member will complete these searches.
Does the agency Intend to share
access to the facial recognition
software/service or the data with
any third party that is not law
enforcement?
No
If the answer above is yes,
describe the rules and procedures
by which the agency will ensure
that the third party complies with
the agency’s use policy:
N/A
Potential impacts
Information concerning rate of
false matches, potential impacts on
protected subpopulations
There will never be a positive identification made, the CBI
will give an investigational lead if it is believed there are
enough similarities between the searched photo and the
result from the database. A LEO must not use the results as
more than an investigative lead.
What are the potential impacts on
Civil Right & Liberties, and
potential impacts to privacy and
marginalized communities?
According to NIST, Idemia has the lowest variance (bias) in
match rates for different genders, age, and ethnic groups
and is ranked first in the 2022 NIST demographic
differentials summary report.
Feedback
What is the procedure for receiving
feedback from individuals and
communities?
Not addressed
Procedure for Response to
Feedback? Not addressed
Page 22 of 26
Attachment C
Department of Revenue, Motor Vehicle Investigations Unit, Law Enforcement Communications Center
FR: Colorado DMV
(i) the name, vendor, and version of the facial recognition service; and
Thales’ Facial Comparison Solution (FCS), Biometric Investigation Workstation
(ii) a description of its general capabilities and limitations, including reasonably foreseeable capabilities
outside the scope of the agency's proposed use;
Facial recognition (FR) is a fraud prevention, fraud detection, business integrity, and risk mitigation tool
used by the majority of U.S. and Canadian credential issuing authorities. FR software automates the
process of photo image matching and is designed to determine whether th e person shown in one
photograph is likely to be the same person shown in another photograph.
Facial recognition technology automates the process of comparing one photograph to other photographs to
find potential matches. Facial recognition is a software application capable of potentially identifying or
verifying the identity of a person by analyzing patterns based on a person's facial feature locations and
contours and comparing them to those features in other photographs.
(b) (i) the type of data inputs that the facial recognition service uses;
FR software is based on the ability to recognize a face and measure the various features of the face. Every
face has numerous distinguishable features that enable electronic matching. The following are examples of
such features:
1. Distance between the eyes
2. Length or width of the nose
3. Depth of the eye sockets
4. Shape of the cheekbones
5. Dimensions of the mouth
6. Length of the jaw line
These features are measured to create a numerical value that represents the characteristics of the facial
structure, which can be efficiently evaluated by software to produce comparison results. Templates are one
such method used by some FR systems to represent the characteristics of the facial structure.
(ii) how data is generated, collected, and processed; and
Data is collected each time a customer applies for a credential within the Colorado DMV. A photograph
and fingerprint are taken on most instances when getting a credential. Within the DMV system, there are
potentially numerous photographs taken during previous credential issuances and stored in the system. As
an example, a person can have a picture in the DMV system as a 15 or 16 year old, one when he turned
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18, another at age 21 and then a picture taken every 4 years, resulting in numerous photographs taken for
one person.
The FR system itself does not contain any specific applicant PII. The only PII is in the Central Server
application of the DMV’s system.
FR is a type of biometric software application that can identify a specific individual in a digital image by
analyzing and comparing patterns.
(iii) the type of data the facial recognition service is reasonably likely to generate;
Data collected is for the sole purpose of identifying possible matches in the system with previous
photographs taken, then against other photographs to determine if a person has more than one identity.
(c) a description of the purpose and proposed use of the facial recognition service, including:
A core responsibility of the credential issuing authority is to ensure that each applicant has only one identity
on record. This is commonly referred to as the one person/one record principle. An FR program assists
jurisdictions in ensuring that an individual has only one identity and is a proactive approach to identifying
fraud before the issuance process is complete. FR systems are designed to combat identity fraud and
identity theft.
(i) what decision will be used to make or support the facial recognition service; and
(ii) the intended benefits of the proposed use, including any data or research demonstrating those benefits;
Facial recognition assists credential issuing authorities in identifying suspicious activities, including:
1. An individual holding more than one credential u nder different names (identity fraud or multiple
fictitious identities)
2. Different individuals holding a common identity and credential number (identity theft)
3. Clerical or data errors, such as attaching a photo to the wrong driver record
4. Patterns of clerical error that may indicate collusion or internal fraud
(d) a clear use and data management policy, including protocols for the following:
(i) how, when, and by whom the facial recognition service will be deployed or used;
The FR system is used by the Colorado DMV-Motor Vehicle Investigations Unit (MVIU) on a daily basis to
prevent identity theft and or to help identify/compare a photograph with previously known photographs.
to whom data will be available; the factors that will be used to determine where, when, and how the
technology is deployed; and other relevant information, such as whether the technology will be operated
continuously or used only under specific circumstances;
FR requests for assistance are considered for law enforcement agencies with higher profile or more serious
criminal investigations, often crimes against persons or serious crimes against property. MVIU has a Law
Enforcement request for assistance form, affidavit of intended use:
Offenses such as national security violations, homicide, kidnapping, sexual assault, robbery, aggravated
assault, threats of bodily harm, extortion or threat to injure a person, sex offenses, crimes against children
Page 24 of 26
or spouse, resisting an officer, and weapons offenses. MVIU may also assist with property crimes if/when
appropriate and time allows.
(ii) if the facial recognition service will be operated or used by an entity on the agency's behalf, a descript ion
of the entity's access and any applicable protocols;
No one other than the MVIU will be conducting evaluations using the FR system.
(iii) any measures taken to minimize inadvertent collection of additional data beyond the amount necessary
for the specific purpose for which the facial recognition service will be used;
No one other than MVIU personnel will have access to the FR system, therefore no additional information
or data will be provided.
(iv) data integrity and retention policies applicable to the data collected using the facial recognition service,
including how the agency will maintain and update records used in connection with the service, how long
the agency will keep the data, and the processes by which data will be deleted;
MVU keeps the following information:
Request type
Status (no match, match found)
Agency type
Requesting agency
Assignee (who worked the case from MVIU)
Type of case/Classification or reason for request (type of crime being investigated)
Compliance with interagency data sharing agreement (no assistance is provided for an immigrations
related request)
These records have been kept since 2016, and are tracked by fiscal year. No records have been deleted
at this time.
Any information provided by the MVIU to a law enforcement agency that makes a request for FR
assistance will be a possible lead in an investigation.
(v) what processes will be required prior to each use of the facial recognition service;
LE agencies making requests for assistance will complete an affidavit for request, it will be approved if it
meets the established requirements. (Offenses such as national security violations, homicide, kidnapping,
sexual assault, robbery, aggravated assault, threats of bodily harm, exto rtion or threat to injure a person,
sex offenses, crimes against children or spouse, resisting an officer, and weapons offenses. MVIU will
assist with property crimes on a case by case basis, also.)
(vi) data security measures applicable to the facial recognition service, including:
(a) how data collected using the facial recognition service will be securely stored and accessed; and
Page 25 of 26
(b) if an agency intends to share access to the facial recognition service or the data from that facial
recognition service with any third party that is not a law enforcement agency, the rules and procedures by
which the agency will ensure that the third party complies with the agency's use and data management
policy;
MVIU does not share information with agencies that are not considered law enforcement. As previously
stated, data collected as to LE agencies that make requests are kept by MVIU. If results of a request are
shared with a law enforcement agency, that agency can only share the information with a prosecutor’s
office, similar to police reports that are part of an investigation.
(vii) the agency's training procedures, including those implemented in accordance with section 24 -18-305,
and how the agency will ensure that all personnel who operate the facial recognition service or access its
data are knowledgeable about and able to ensure compliance with the use and data management policy
before using the facial recognition service; and
MVIU training procedures:
Training emphasizes that FR is an investigative tool that allows the investigator to potentially identify a
subject via photo image capture and image gallery development.
Users understand the basics of the security protocols in place that limit access to the FR system. Securing
the system is fundamental to the protection of the PII contained in the system.
Users complete AAMVA’s Fraudulent Detection and Remediation (FDR) course, along with several weeks
of fraud prevention and fraudulent document review. These training classes take approximately three to six
weeks of training.
Users then receive one-on-one training with the FR system which includes the review of photographs
through facial characteristics and the FR system.
Training includes learning the FR system, review of the Biometric Investigative Platform User Guide,
limitations on its use, ethical use and privacy, processes and procedures, application usage, and facial and
fingerprint identification.
Investigators are trained in knowing that FR is an investigative tool and does not provide generate
match/no match results. The results are a “possible match” that need to have a facial identification
examination completed by at least one qualified staff member to make a determination as to the probability
of a match.
Once trained, investigators use the FR system on a daily basis, spending at least one hour per day
reviewing photographs and making decisions on those reviews.
Page 26 of 26
(viii) any other policies that will govern use of the facial recognition service; (e) the agency's testing
procedures, including its processes for periodically undertaking operational tests of the facial recognition
service in accordance with section 24-18-304;
MVIU conducts tests on a regular basis (often several tests per week) to test the system to verify its
effectiveness. Those tests include running known photographs through the FR system under an “alias
name” to verify if the system yields any possible matches.
(f) information concerning the facial recognition service's rate of false mat ches, potential impacts on
protected subpopulations, and how the agency will address error rates that are determined independently
to be greater than one percent;
Results from FR are always reviewed to see if they are correctly identifying a second recor d under a
different identity. The system is set up to show possible leads, and the human element of comparing the
two photographs and fingerprints is then done to verify a potential match. It is then up to the
investigator(s)/review to determine if it is a possible match.
(g) a description of any potential impacts of the facial recognition service on civil rights and liberties,
including potential impacts to privacy and potential disparate impacts on marginalized communities,
including the specific steps the agency will take to mitigate the potential impacts; and (h) the agency's
procedures for receiving feedback, including the channels for receiving feedback, from individuals affected
by the use of the facial recognition service and from the community at large, as well as the procedures for
responding to feedback.
By relying on the FR system and the training involved and daily use of the system followed by human
review and investigation, potential impacts to a person’s civil rights and liberties is gre atly reduced, if not
completely eliminated. Results from the FR system are always a first step in the investigation and are
never considered the final result. It is a basic tenet that potential matches from Facial Recognition will
generate human examination and no other action, such as an arrest or corrective action, should be taken
solely on the basis of a FR result.
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Ordinance 23-02 Referring the Establishment of a
Downtown Development Authority to a Special Election
DATE: June 8, 2023
SUMMARY: This report provides an overview of Ordinance No. 23-02 Referring the Establishment of a
Downtown Development Authority to a Special Election. Ordinance No. 23-02 indicates the proposed DDA
boundaries and refers the question of formation of the DDA to a special election on Tuesday, August 29,
2023. The “eligible electors” for the special include residents who are registered voters, property owners
and business lessees within the proposed DDA boundary.
Council previously held a work session on the process to form a Downtown Development Authority (“DDA”)
on April 25, 2023. The Town Council provided direction last fall to include the formation of a Downtown
Development Authority as a goal for 2023. Included with this Report is a draft Avon Downtown
Development Authority Plan document. Presented for Council consideration is the adoption of Ordinance
No. 23-02 on 1st Reading. Council is not required to adopt an Avon DDA Plan at this time but is
encouraged to adopt the Avon DDA Plan as a “draft” for consideration by the DDA Board of Directors if the
formation of the Avon DDA is approved by the voters at the special election.
PURPOSE AND GOALS: Downtown Development Authorities are authorized by statute to promote the
sound economic growth of a community’s central downtown commercial core and alleviate or prevent blight
conditions. Avon’s workforce’s current extreme housing shortages have directly impacted Avon’s business
community and arrested Avon’s businesses’ stability and sound growth. The impacts are widespread to the
extent of impacting public services as well. Investment in workforce housing and public infrastructure to
support a growing community is necessary to support, stabilize and promote the solid economic growth of
the Avon community. The draft Avon DDA Plan states that at least 50% of the tax increment financing
revenue source of the Downtown Development Authority shall be dedicated to Community
Housing, and the remaining revenues are devoted to public infrastructure, facilities, and amenities in the
downtown area as determined by the Avon DDA Board and Council.
FORMATION PROCESS: Please see the April 6, 2023 Report which describes the formation process. The
Avon Planning and Zoning Commission (“PZC”) conducted a work session on May 2 and conducted public
hearings on May 23 and June 6. The Avon PZC took action to recommend Council proceed with the
formation of the Avon Downtown Development Authority and noted that the goal of funding “Community
Housing” needs further refinement to identify needs and target housing for appropriate based on income
levels and that the impact to other tax entities needs further analysis, especially the impact to Eagle County
School District.
EMPLOYER SURVEY: The Town of Avon launched an Employer Survey for all businesses within the
Avon DDA proposed boundary to gather data on the impact of workforce housing shortages. The
questions are included in Appendix B of the Avon DDA Plan. The survey was sent with an initial deadline
date of June 9, 2023. Due to a low response rate thus far, the deadline date will be extended into mid-July.
The results of the Employer Survey will be included in the Avon DDA Plan.
Page 2 of 4
ELIGIBLE ELECTORS: Please see the April 6, 2023 Report which describes eligible electors. More
information will be provided at the Council presentation on eligible electors.
FINANCIAL CONSIDERATIONS: The Avon DDA is proposed to establish an additional source of funding
for Community Housing and public infrastructure and facility projects. Additional funding would occur
through “tax increment financing”. Tax increment financing authorizes the Downtown Development
Authority to capture the increment of increased property tax that occurs through new construction and
development. The amount of property tax that is captured depends upon the timing, type and quantity of
new construction which occurs in the Avon DDA area. Commercial construction is assessed at a higher
rate than residential property and therefore generates a larger increment.
The current Avon Urban Renewal Authority tax increment revenues are presented for illustration purposes.
Since the adoption of the Avon Urban Renewal Authority in 2006 new construction includes the River Front
PUD (i.e. Westin, but not including Lot 1), the Wyndham, the Buck Creek Medical Center, Northside
Restaurant (which redeveloped the former Pizza Hut) and Walgreens (which redeveloped the former
Denny’s). This construction over the last 17 years now results in the following annual tax increment
financing revenues:
Taxing Entity Mill Levy Percentage
AURA Tax
Increment
Total Property
Tax Revenues
Avon 8.956 14.29% $ 262,567.00 $ 2,082,427.00
Eagle County 8.499 13.56% $ 249,169.00 $ 1,976,167.00
Eagle County School
District 24.649 39.32% $ 772,646.00 $ 5,731,326.00
Colorado Mountain College 4.085 6.52% $ 119,762.00 $ 949,834.00
Eagle River Fire 9.703 15.48% $ 284,467.00 $ 2,256,118.00
Eagle Valley Library 2.763 4.41% $ 81,004.00 $ 642,446.00
Eagle River Water & San 0.759 1.21% $ 22,252.00 $ 176,481.00
Eagle County Health
Services 2.774 4.43% $ 81,327.00 $ 645,004.00
Colorado Water
Conservancy 0.501 0.80% $ 14,608.00 $ 116,491.00
TOTAL 62.689 $ 1,887,802.00 $ 14,576,294.00
The Avon Urban Renewal Authority tax increment financing collects 11.2% of total property tax in Avon.
The Avon Station and Confluence Metropolitan Districts are not included in the Avon Urban Renewal
Authority tax increment financing because these districts were approved by the Town of Avon as developer
financing mechanisms for specific projects. It is anticipated Avon Station, Confluence and Village
metropolitan districts would not be included in the Avon DDA tax increment financing because these are
districts approved by the Town of Avon as developer financing mechanisms for specific developments
within Avon.
The AURA Tax Increment shown above will revert the respective taxing entities when the West Town
Center Investment Plan expires in 2032. As shown above, the formation of the Avon DDA would result in
the Town of Avon pledging its property tax increment for the duration of the Avon DDA.
Page 3 of 4
FINANCIAL MODELLING: As specific projects go forward it is possible to estimate the tax increment from
those projects and plan for bond financing to support Community Housing and other public infrastructure
and public facilities. Considering that it has been 17 years for the West Town Center Investment Area to
realize the construction that occurred which generates the current tax increment, it may require 10 years for
the Avon DDA to reach this same level of tax increment financing revenue if current projects proceed and
the Village (at Avon) is active with new development. This assumes there is not an economic downtown
during this period.
RELATIONSHIP TO AVON URBAN RENEWAL AUTHORITY: Portions of the Avon DDA overlap the
West Town Center Investment Plan area of the Avon Urban Renewal Authority. The West Town Center
Investment Plan will expire in 2032. There are two remaining lots within the West Town Center which are
zoned Town Center (Lot 3 and Lot B). The Avon URA West Town Center tax increment financing is first in
place and would take priority in capturing the property tax increment for Lot 3 and Lot B until 2032. After
2032, the Avon DDA would continue to capture the property tax increment. Funding of a public parking
garage on Lot B or the Avon Recreation Center parking is identified as a goal in the West Town Center
Investment Plan and as a potential project in the Avon DDA Plan. Another potential projects in the West
Town Center Investment Plan area is planning and incentivizing the redevelopment of the Sun Road area
(Walgreen’s, First Bank and US Post Office). Planning has not commenced in this area. Any
redevelopment of this is area is expected to be complex and will require a long lead team to coordinate with
existing property owners. It is speculative as to whether redevelopment in this area would commence
before the expiration of the West Town Center Investment Plan in 2032.
POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of
Community Housing in the DDA Plan area. DDA revenue streams may also be used for public
infrastructure, facilities and amenities within the boundary. A list of potential projects is included in the draft
Avon DDA Plan. It is anticipated and recommended that two high priority projects should include financing
of a public parking structure in the West Town Center Investment Plan area and construction of housing
that is associated with planned early childhood education facility on Planning Area E. Town of Avon is
partnering with Vail Valley Foundation on this project. Initial conceptual designs indicate that 40+
residential apartments could be constructed on Planning Area E and the adjacent Lot 8 in the Village (at
Avon). This housing is anticipated to be prioritized for employees of the early childhood education facility,
then employees of the Eagle County School District, then employees of charter schools, other early
childhood education facilities and day care facilities.
IMPACT TO OTHER TAXING ENTITIES: The potential impact to other taxing entities is the future
increased property tax revenue that may come from new development which would be collected by the
Avon DDA tax increment financing. It is very difficult to predict what the actual impact may be because we
don’t know the timing, type and quantity of new construction in the Avon DDA boundary. Financial impacts
may be mitigated in part by the pending substantial increases in assessed valuation and corresponding
increase in property tax revenue. Tax increment financing for development authorities is premised on the
theory that the development authorities are tool that promotes more development than would otherwise
occur, a higher quality of development that generates higher values, an elevated character of the area that
increases the property value of surrounding properties, and thus higher property tax for all taxing entities,
after the expiration of the development authority.
Page 4 of 4
School districts are treated differently than other taxing entities and receive funding from the State of
Colorado to equalize the amount of funding per pupil. Please see Attachment F for more information on the
school district budgeting and tax increment financing.
REQUESTED ACTION: Council must approve first reading on June 13, 2023 to stay on track for an
August 29, 2023 special election. The Avon DDA formation election requires a specialized voter list which
will require the Town of Avon to conduct its own election. The Avon DDA election would not work well as a
coordinated election in November with Eagle County.
PROPOSED MOTION: “I move to approve first reading of Ordinance No. 23-02 Referring the
Establishment of a Downtown Development Authority to a Special Election and Amending the Avon
Municipal Code to Adopt Title 4 – Avon Downtown Development Authority.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 23-02
ATTACHMENT B: Draft Avon DDA Plan
ATTACHMENT C: Report on DDA Formation dated April 6, 2023
ATTACHMENT D: School District Finance and Tax Increment Financing
Ord 23-02 Downtown Development Authority
Page 1 of 3
ORDINANCE NO. 23-02
REFERRING THE ESTABLISHMENT OF A DOWNTOWN
DEVELOPMENT AUTHORITY TO A SPECIAL ELECTION AND
AMENDING THE AVON MUNICIPAL CODE TO ADOPT TITLE 4 –
AVON DOWNTOWN DEVELOPMENT AUTHORITY
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 Avon Town Council (“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, pursuant to C.R.S. §31-25-801, et seq., Council, by ordinance, may submit the
question of the establishment of a Downtown Development Authority to the qualified electors
within the proposed Downtown Development Authority boundary; and
WHEREAS, pursuant to Article, Section 20 of the Colorado Constitution and C.R.S. §31-25-
804, any tax or other matters arising under Article, Section 20 of the Colorado Constitution are
required to be approved by the qualified electors within the boundaries of the proposed Downtown
Development Authority; and
WHEREAS, Downtown Development Authorities are quasi-governmental entities that provide
organizational focus and financing to support downtown economic developments and
improvements; and
WHEREAS, an active central business district contributes to the vibrancy and success of the
Town for both residents and visitors as a civic, historic, cultural, and economic focal point; and
WHEREAS, blighted areas within the Town's central business district substantially impair the
sound growth of the Town's central business district; and
WHEREAS, the Town of Avon Planning and Zoning Commission adopted a Downtown
Development Authority Plan
WHEREAS, Council finds and determines it is necessary to establish a Downtown Development
Authority, which will, among other things, (a) promote the public health, safety, prosperity,
security, and general welfare of the inhabitants thereof and the people of the State of Colorado, (b)
serve a public use, (c) halt or prevent the deterioration of property values or structures within the
Town's central business district, (d) halt or prevent the growth of blighted areas within the Town's
central business district, (e) will assist the Town in the development and redevelopment of the
Town's central business district and in the overall planning to restore the Town's central business
district, and (f) will be of special benefit to the property within the proposed boundaries of the
Downtown Development Authority; and
Ord 23-02 Downtown Development Authority
Page 2 of 3
WHEREAS, Council finds and determines it is necessary to submit the question of the
establishment of a Downtown Development Authority a vote of the qualified electors within the
proposed Downtown Development Authority boundary.
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. Establishment of Boundaries. The area within the proposed boundaries of the
Avon Downtown Development Authority, as described in “EXHIBIT A: Legal Desciption” and
depicted in “EXHIBIT B: Avon Downtown Development Authority Map”, attached and
incorporated by this reference, is and traditionally has been the location of the principal business,
commercial, financial, service, and government center of the Town, and is and has been zoned and
used accordingly. Such area is established as being within the “central business district” and
“downtown” area of the Town as defined by C.R.S. §31-25-801, et seq.
Section 3. Election Call. A special election of qualified electors of the proposed Downtown
Development Authority shall be conducted on August 29, 2023, pursuant to the authority and
requirements of the Avon Town Charter and C.R.S. §31-25-801, et seq. Such special election shall
be held as a mail ballot election in accordance with the laws of Colorado, except as otherwise
provided in the Charter or ordinances of the City. The Town Clerk shall be the designated election
official.
Section 4. Ballot Question No. 1. At the August 29, 2023 special election, there shall be
submitted to the qualified electors of the proposed Downtown Development Authority the
following ballot question in substantially the following form:
Ballot Question No. 1: ESTABLISHING AVON DOWNTOWN
DEVELOPMENT AUTHORITY
SHALL THE AVON DOWNTOWN DEVELOPMENT AUTHORITY BE
ESTABLISHED IN ACCORDANCE WITH TOWN OF AVON ORDINANCE
NO 23-02?
Section 5. Avon Downtown Development Authority. Upon approval by a majority vote of
the qualified electors voting at the election for the establishment of the Avon Downtown
Development Authority, the Avon Downtown Development Authority shall be a body corporate
and political subdivision with all the purposes and powers now or hereafter authorized by C.R.S.
§31-25-801, et seq., and all additional and supplemental powers necessary and convenient to carry
out and effectuate its purposes, and such other powers and authority as provided by law, in
accordance with and subject to Avon Municipal Code Title 4 – Avon Downtown Development
Authority.
Section 6. Title 4 – Avon Downtown Development Authority. Title 4 – Avon Downtown
Development Authority is hereby adopted in its entirety as set forth in EXHIBIT C: TITLE 4 –
AVON DOWNTOWN DEVELOMPENT AUTHORITY attached hereto.
Ord 23-02 Downtown Development Authority
Page 3 of 3
Section 7. 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. 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 8. 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 9. Safety Clause. Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for the
health, safety and welfare of the public, and that this Ordinance is necessary for the preservation
of health and safety and for the protection of public convenience and welfare. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 13, 2023, and setting such public hearing for June
27, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 27,
2023.
BY: ATTEST:
_____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Karl Hanlon, Town Attorney
VAIL VALLEY OFFICE
30 Benchmark Road, Suite 216, PO Box 978 Avon, CO 81620
DENVER OFFICE
9618 Brook Hill Lane Lone Tree, CO 80124 970.949.5072 info@inter-mtn.net
TOWN OF AVON DDA LAND DESCRIPTION‐NORTH OF I‐70
A parcel of land located in part of Sections 7 and 8, Township 5 South, Range 81 West of
the Sixth Principal Meridian. Also being North of the Interstate 70 right‐of‐way beginning at
the Southernmost point of Tract I, Village at Avon Filing 3 and the West right‐of‐way line of
William J. Post Boulevard.
Thence Northwest along the West line of Tract I and Tract B, Village at Avon Filing 3 to the
Northwest corner of Tract B;
Thence Northeast along the North line of Tract B to the Northwest line of Tract F;
Thence Northeast to the North corner of Tract F and the Swift Gulch right‐of‐way;
Thence Southeast along the South right‐of‐way of Switch Gulch to the southeast corner of
Tract I on the west right‐of‐way line of Post Boulevard;
Thence Northeast across Swift Gulch Road to the Northwest corner of Avon Landing;
Thence Northeast to the Northernmost corner of Block 2, Avon Landing;
Thence southeast to the Northeast corner of Block 3, Avon Landing;
Thence continuing on the North line of Block 3 to the Northeast corner of Block 3;
Thence South along the East line of Avon Landing to the Southeast corner of Block 4, Avon
Landing and a point on the north right‐of‐way line of Interstate 70;
Thence continuing Northwest along the South line of Block 4, Avon Landing and the right‐
of‐way line to the Southwest corner of Block 4 also being the Southeast corner of Lot 2,
Stolport Station Subdivision;
Thence continuing Northwest along the South line of Stolport Station Subdivision to a point
on the South right‐of‐way line of Post Boulevard;
Thence Northwest across Post Boulevard right‐of‐way to the point of beginning.
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70
A parcel of land being part of Section 7, Township 5 South, Range 81 West and Sections 1,
2, 11, and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. Also being
South of the Interstate 70 right‐of‐way beginning at the Westernmost corner of Tract G,
Village at Avon Filing 1 on the Southeast right‐of‐way line of Tract A, Post Boulevard, also
EXHIBIT A: Legal Description
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70 (CONTINUED)
being the most easterly corner of Tract A; Thence Southwest along the Southeast line of
Tract A to the Northernmost corner of Lot 5, Village at Avon Filing 1;
Thence Southwest along the North line of Lot 5 to the North line of the Denver and Rio
Grande Western Railroad right‐of‐way;
Thence West along the North line of the railroad right‐of‐way to the Easternmost point of
Tract D, Village at Avon Filing 1;
Thence Northwest along the North line of Tract D and the South right‐of‐way line of Yoder
Avenue to the intersection with the East right‐of‐way line of Post Boulevard;
Thence Southeast along the East right‐of‐way line of Post Boulevard to the North right‐of‐
way line of the Union Pacific Railroad;
Thence Northwest along the North right‐of‐way line of the Railroad to the Southwest
corner of Lot 1, Village at Avon Filing 1, also being the southeast corner of Chapel Square
Subdivision; thence continuing northwest along the northerly Railroad right of way line to a
point on the southerly boundary line of Tract B‐1 of A Resubdivision of Tract B, Chapel
Square Subdivision at its intersection with the extension of the East boundary line of Lot 2
of Lot 1/2, Nottingham Station Subdivision;
Thence continuing Southwesterly along the East boundary line of Lot 2 and its extension to
the Southerly right‐of‐way line of Hurd Lane;
Thence Northwest along the South right‐of‐way line of Hurd Lane and its extension to a
point on the West right‐of‐way line of Avon Road;
Thence Northwest along the West right‐of‐way line of Avon Road to the Southeast corner
of Avon Town Square Commercial Condominiums on the North right‐of‐way line of the
railroad right‐of‐way;
Thence Northwest along the North right‐of‐way line of the railroad to the East right‐of‐way
line of Lake Street;
Thence Northeast along the East right‐of‐way line of Lake Street to the intersection with
West Beaver Creek Boulevard right‐of‐way;
Thence across Beaver Creek Boulevard to the Southernmost corner of Greenbriar
Condominiums;
Thence Northeast along the East line of Greenbriar Condominiums to the South line of the
Interstate 70 right‐of‐way line.
Thence Southeast along the South line of the Interstate 70 right‐of‐way to the Northeast
corner of Lot 1, Village at Avon Filing 1;
Thence Southeast along the East line of Lot 1 to the North line of Post Boulevard, Tract A,
Village at Avon Filing 1;
Thence Southeast along the North line of Tract A, the North right‐of‐way line of Post
Boulevard to the point of beginning.
2
EXHIBIT A: Legal Description
TOWN OF AVON DDA LAND DESCRIPTION, ADJACENT TO NOTTINGHAM ROAD
A parcel of land being a part of Section 1 and 12, Township 5 South, Range 82 West of the
Sixth Principal Meridian, County of Eagle, State of Colorado. Beginning at the East corner
of Lot 1, Block 1 of Benchmark at Beaver Creek; thence Northwest along the Southwest
boundary of Block 1 to the West corner of Lot 4;
Thence Northeast along the Northwest boundary of Lot 4 to the North corner of Lot 4, also
being a point on the South boundary line of Nottingham Road;
Thence Southeast along the South boundary line of Nottingham Road to its intersection
with the extension of the Northwest boundary line of Lot 67, of the resubdivision of Lots
67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Northeast across Nottingham Road along the Northwest boundary of Lot 67 and its
extension to the North corner of Lot 67, also being the South boundary of Swift Gulch
Road;
Thence Southeasterly along the South boundary line of Swift Gulch Road to the East corner
of Lot 68 of the resubdivion of Lots 67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Southwest along the Southeast boundary of Lot 68 to the South corner of Lot 68
also a point on the North right‐of‐way boundary line of Interstate Highway 70;
Thence continuing along the North right‐of‐way boundary line of Interstate Highway 70 to
the point of beginning.
3
EXHIBIT A: Legal Description
DRAFT CONCEPT PLAN 2023
DOWNTOWN DEVELOPMENT
AUTHORITY
N
TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 AC
TOTAL ACREAGE OF PROPOSED DDA AREA: 294.1 AC OR 5.5% OF THE TOWN OF AVON
DRAFT CONCEPT PLAN 2023
DOWNTOWN DEVELOPMENT
AUTHORITY
N
TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 AC
TOTAL ACREAGE OF PROPOSED DDA AREA: 294.1 AC OR 5.5% OF THE TOWN OF AVON
EXHIBIT C – TITLE 4 – Avon Downtown Development Authority
Title 4 – Avon Downtown Development Authority
4.04 Establishment. There is hereby established the Avon Downtown Development Authority, which
shall be referred to as the Avon DDA.
4.04.010 Purpose. The purposes of the Avon DDA are set forth generally in the DDA Statutes and set
forth more specifically in the DDA Plan.
4.04.020 Authority. The Avon DDA shall have all authority set forth in the DDA Statutes and all authority
under the Town of Avon’s Home Rule Charter.
4.04.030 Interpretation. The DDA Statutes and this Title 4 shall be liberally construed to effect the
purposes and objects of this Title 4. This Title 4 shall supersede the DDA Statutes in the event of any
conflict.
4.08 Definitions. The definitions set forth the in DDA Statutes shall apply unless the conflict with any
provision in this Title 4.
Avon DDA means the Avon Downtown Development Authority as authorized and defined in C.R.S. §31-
25-801 et. seq.
DDA Board means the board of the Avon DDA
DDA Plan means the plan of development document for the Avon DDA that is required to be adopted in
the DDA Statutes.
DDA Statutes means C.R.S. §31-25-801 et. seq.
TIF means tax increment financing
4.12 Duties. The DDA Board shall have the following duties:
4.12.010. Review and Approval Authority.
(1) DDA Plan. The DDA Board shall review and adopt a DDA Plan, which shall be subject to
concurring Council approval.
(2) DDA Budget. The DDA Board shall review and adopt the annual DDA budget, and any
revisions thereto, which shall be subject to concurring Council approval.
(3) Plan of Development Area. The DDA Board shall review any Plan of Development Area and
shall provide recommendations to the Council on the adoption of any Plan of Development
Area.
4.12.020 Public Hearing.
The DDA Board shall conduct a public hearing prior to taking action to adopt a DDA Plan, adopt the
annual DDA budget or any amendments thereto, or adopt a recommendation on a Plan of Development
Area.
EXHIBIT C – TITLE 4 – Avon Downtown Development Authority
4.12.030 Criteria for Actions.
The DDA Board shall consider whether proposed actions support or advance the purposes of the DDA
Plan, DDA Statutes, or Avon Comprehensive Plan which considering any actions within the review and
approval authority of the DDA Board.
4.12.040 Time for Action.
The DDA Board shall take action on the adoption of the DDA Plan or recommendation of a Plan of
Development Area within seventy-five (75) days of referral of such documents and shall take action on
the annual budget or any amendments to the annual budget within forty-five (45) days of referral of such
document. The failure to take action to adopt or recommend a document referred to the DDA Board
within the defined timeframe shall be deemed an approval of the DDA Board unless Council extends the
time for such action.
4.16 Relationship to Council. The actions of the DDA Board shall be subject to review and approval of
Council:
(1) DDA Plan. The adoption of the DDA Plan and any amendments to the DDA Plan by the DDA Board
shall be subject to approval by Council.
(2) Budget. The adoption of the annual budget and any revisions to the annual budget for the DDA shall
be subject to approval by Council. Council shall have the authority to adopt the DDA budget as may be
required for to satisfy debt payments and contractual terms.
(3) Plan of Development Area. The approval of a Plan of Development Area which receives DDA TIF
funding by the Avon DDA shall be approved by Council after considering recommendations of the DDA
Board.
4.20 Board Membership. The DDA Board shall be composed of five (5) to eleven (11) members
appointed by the Council, which shall include one (1) member of Council.
4.24 Qualifications of DDA Board Members. The qualifications of DDA Board members are set forth in
the DDA Statutes.
4.28 Quorum. A majority of the duly appointed members of the DDA Board shall constitute a quorum for
the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting
to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a
later time or date.
4.32 Term. The term of office for a DDA Board member shall be four (4) years on an overlapping tenure.
The initial terms shall be staggered as set forth in C.R.S. §31-25-805(2).
4.36 Vacancies. A vacancy on the DDA Board shall occur whenever a member of the DDA Board is
removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a
period of ninety (90) days, resigns, ceases to be a qualified member of the DDA Board or is convicted of
a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and
serve the remainder of the term of the former member.
EXHIBIT C – TITLE 4 – Avon Downtown Development Authority
4.40 Removal from Office. A members of the DDA Board may be removed for misconduct, conduct
unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2)
unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and
shall provide written notice to the DDA Board member stating the grounds for removal at least three (3)
days prior to the hearing.
4.44 Officers. The DDA Board shall select its own chairperson, a vice chairperson and a secretary from
among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer
of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present
shall appoint a member to serve as acting chair at the meeting.
4.48 Compensation. All members of the DDA Board shall serve with compensation at a rate established
annually by the Council and shall be reimbursed for all authorized personal expenses incurred while
performing duties as a DDA Board member.
4.52 Staff. The Town Manager shall serve as the Executive Director of the DDA Board and shall provide
for the service of a recording secretary who shall act in the capacity of secretary for the DDA Board.
4.56 Rules and Regulations. The DDA Board shall operate in accordance with its own rules of
procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the DDA Board
shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall
approve the rules or amendment and direct their adoption by the DDA Board or disapprove the proposal
with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained
in the records of the Town and shall be subject to public inspection. The DDA Board may provide for
certain variances, exceptions and exemptions from the requirements of its rules and regulations.
4.60 Meetings. The DDA Board shall meet in accordance with the rules of procedure governing the Avon
DDA and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice
chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with
adequate notice given to all interested parties.
4.64 Authority to Retain Consultants. The DDA Board may request the Town to retain the services of
one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose,
to advise and assist the DDA Board in performing the functions prescribe in this Title 4. The consultants
may be retained to advise the DDA Board on a single project, on a number of projects or on a continuing
basis.
Town of Avon
Downtown
Development
Authority Plan
2023
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May 31, 2023 - DRAFT
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DEFINITIONS:
Avon Downtown Area means the area designated as the Avon Downtown Development Authority
boundary which is a portion of the Avon Central Business District.
Benchmark Area means the portion of the original plat of Avon which includes the mixed-use commercial
areas east of Lake Street, west of the Village (at Avon) and including the Nottingham Station and
commercial areas on the north side of the Avon Road – I-70 Interchange.
CARADA means the Consolidated and Restated Annexation and Development Agreement between the
Town of Avon and Traer Creek, LLC concerning the development of the Village (at Avon).
Community Housing means housing which meets the definition stated in Avon Municipal Code §3.14.020.
Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment
Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016
Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other
document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all such
documents may be amended from time to time, provided that such amendments or supplemental
documents are adopted by ordinance.
Council means the Town Council of the Town of Avon.
DDA Plan means this Avon Downtown Development Authority Plan adopted in accordance with the DDA
Statutes.
DDA Statutes means the authority to organize Downtown Development Authorities set forth in C.R.S. §31-
25-801 et. seq.
Village (at Avon) means the portion of the Village (at Avon) development, which is situated on the valley
floor, including Planning Areas A, B, C, D, E, F, G, H and J.
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1.0 INTRODUCTION
1.1 Statutory Authority. Colorado statutes set forth the authority to organize Downtown
Development Authorities in C.R.S. §31-25-801 et. seq. (“DDA Statutes”). This Downtown
Development Authority Plan document (“DDA Plan”) is intended to meet the requirements of the
Downtown Development Authority statutes to adopt a Plan document. This DDA Plan shall be
liberally construed to effect the purposes and objectives set forth in this DDA Plan. C.R.S. §32-
25-801(2) states:
The general assembly determines, finds, and declares that because of a number of
atypical factors and special conditions concerning downtown development unique to
each locality, the rule of strict construction shall have no application to this part 8, but it
shall be liberally construed to effect the purposes and objects for which it is intended.
1.2 Purpose. The legislative declaration is set forth in C.R.S. §31-25-801(a) states the purposes
as:
a. Will serve a public use;
b. Will promote the health, safety, prosperity, security, and general welfare of the inhabitants
and people of this state;
c. Will halt or prevent deterioration of property values or structures within central business
districts;
d. Will halt or prevent the growth of blighted areas within such districts; and
e. Will assist municipalities in the development and redevelopment of such districts and in the
overall planning to restore or provide the continuance of the health thereof; and
f. Will be of especial benefit to the property within he boundaries of the authority.
In particular and more specifically, the purpose of the Avon DDA includes development of Community
Housing in the Avon Downtown Area to provide additional workforce housing and to sustain and
enhance a critical mass of residents in the Avon Downtown Area necessary to support neighborhood
businesses and to support the public infrastructure and public facilities which sustain and enhance
the attractiveness of business investment in the Avon Downtown Area.
1.3 Formation Process. The formation process followed the DDA Statutes and included review for
comment and recommendation by the Avon Finance Committee and outreach to Eligible Voters,
interested members of the public, affected taxing entities, and other stakeholders.
1.4 Eligible Voters. Eligible Voters include residents in the DDA boundaries who are registered to
vote in Colorado, property owners and business lessees, as defined in the DDA Statutes.
1.5 Governing Body. The governing body of the DDA is comprised of qualified persons who are
appointed by Council and as may be further defined in the Avon Downtown Development
Authority Chapter of the Avon Municipal Code.
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1.6 Administration. Administration of the Avon Downtown Development Authority shall be provided
by the Town Manager, the Town of Avon staff, and such consultants as may be retained by the
Town of Avon.
1.7 Financing. Financing for the Avon Downtown Development Authority shall occur through Tax
Increment Financing and debt financing authorized by the DDA Statutes, contributions by the
Town of Avon as may occur in the Council’s sole discretion, and such partnership agreements
as may be approved by the DDA Board and the Council.
2.0 AVON DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARY
2.1 Statutory Authorization. The DDA Statutes authorize the designation of a Downtown Area
within the Central Business District.
2.2 Boundary. The Boundary of the Avon DDA is depicted below and described more specifically
in Appendix A.
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2.3 Analysis. The Benchmark Area was originally approved in the late 1970’s and includes the East
Town Center and West Town Center commercial areas. The Village (at Avon) was approved in
1998. Interchanges on I-70 were constructed for Avon Road and Post Boulevard. A majority of
parcels in the Benchmark Area have been developed, although there are numerous properties
which are underdeveloped in relationship to zoning and desired high-density mixed-use
development envisioned in the Comprehensive Plan. The Village (at Avon) is partially
developed. The DDA Boundary area focuses on the area of Avon’s central business district that
zones and envisions mixed-use development with high-density residential, accommodations,
neighborhood commercial and regional retail and services.
3.0 EXISTING CONDITIONS
3.1 Description of Area. The DDA Plan area includes 294.1 acres of land centrally located on the
valley floor, as properly described in Appendix A . The boundary is bordered to the West by
Lake Street and Harry A. Nottingham Park. The South boundary generally follows the Union
Pacific Railway except for Nottingham Station, a grouping of underdeveloped commercial
properties ripe for redevelopment. The North boundary generally follows Interstate 70, except
for Neighborhood Commercial zoned properties at the Avon Road Interchange, and Planning
Area J at the Post Boulevard Interchange.
Properties within the DDA Plan area are generally undeveloped or underdeveloped based on
existing entitlements and Comprehensive Plan documents. Circulation systems are mostly in
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place. One notable exception is a future “North Road” to parallel East Beaver Creek Boulevard
through the undeveloped valley floor in the Village (at Avon). Realignment of Benchmark Road
from Roundabout 4 to connect with the Village (at Avon) road system is also a major effort
identified the Comprehensive Plan.
3.2 Village (at Avon).
a. Street Infrastructure. Major development within the Village (at Avon) between East Town
Center and Post Boulevard will require street extensions and a new “North Road” be
constructed. All dimensional road standards and triggers for construction are maintained in
the Village (at Avon) PUD.
b. Development Areas. The DDA Plan Boundary focuses on Planning Areas A, B, C, D, E,
and F in the valley floor, and Planning Area J on the north side of Interstate 70.
Planning Area A will add significant mixed-use development, effectively extending the Town
Center density further east. Planning Area A measures 43 acres and includes entitlements
for most residential and commercial land uses, including hospital use and hotel use with
increased building heights. Development is anticipated to be dense, with increased site
coverage and a more urban development pattern akin to the East and West Town Center
areas.
Planning Area B is Town owned, centrally located “Community Facility” parcel dependent
on adjacent planning and development activities. This 4 acre parcel is expected to
accommodate the needs of future residents and guest to the area, and is required to include
water storage and features. The boundaries of Planning Area B may be modified through
development and significant adjacent infill.
Planning Area C is another planned mixed-use area with 24 acres (before North Road
construction) of potential development between Interstate 70 and the planned linear park
system.
Planning Area D includes the balance of mixed-use valley floor development potential, with
14.4 acres. This area is zoned for 18 units per acre and also includes hotel and guest
accommodation possibilities, educational uses, and hospital uses.
Planning Area E is owned by the Town of Avon and is earmarked for educational uses.
Current plans include an early childcare facility with ancillary housing for educators. This
planning area is centrally located with adjacency to Post Boulevard.
Planning Area F includes the Piedmont apartments on the south half of the site. While
commercial uses are permitted, it is anticipated that with additional high density housing will
be developed here.
Planning Area J currently houses the Eagle County Paramedics facility. A 240 unit hotel
and gas station are under construction, with more planned development around Wagon Trail
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Road and the Interstate 70 Interchange. Uses will be more commercial in nature, however,
Community Housing opportunities have been identified in this area.
c. Parks and Trails. A linear park (“P1”) and path are planned to stretch from Post Boulevard
all the way to Planning Area B. Additionally, a pocket park is located between Home Depot
and Wal-Mart. Connectivity of private development to local and regional trail systems will be
an integral part of infill development.
d. Early Childhood Education. Plans for an Avon-based early childcare education facility are
planned for Planning Area E. This facility would be a first of its kind in Avon public-private
partnership, including Community Housing for educators on-site.
e. Parking Structure. Parking structure(s) development is anticipated, especially in Planning
Area A where density and site coverage will necessitate facilities.
f. Development Entitlements. The Village (at Avon) PUD and Development Plan contains
full vesting until October 20, 2039, with a total of 825,000 sq. ft. of Commercial Uses and
2,400 Dwelling Units. Portions of the Village (at Avon) may develop additional commercial
square footage and density. At least 500 of the dwelling units must meet employee housing
definitions, comparable to Community Housing definition herein.
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3.3 East Avon. This East Avon area is largely characterized as “suburban” development with mostly
1-2 story buildings surrounded by large surface parking. The lot layout is inconsistent, and street
network is inadequate for the planned redevelopment. This area is poised for redevelopment of
underutilized parcels. Primary redevelopment will include the realignment of Benchmark Road
from Roundabout 4 to the connection with the Village (at Avon), infill Community Housing, and
supporting commercial uses in a more walkable layout. A parking facility or multiple smaller
facilities will likely replace the expansive surface parking that currently exists.
3.4 West Avon. The West Avon district contains a mix of high-density mixed-use development.
Notable infill parcels include Lot B and Lot 3. A Parking Structure will likely be necessitated with
planned growth in the area, with proximity to park, gondola, and all commercial uses in the Town
Core. Sun Road can be viewed as one of the most underdeveloped set of four “Town Center”
zoned parcels. Finishing the Main Street Pedestrian Mall and connecting with Harry A.
Nottingham Park has been identified in the Comprehensive Plan as a top priority.
3.5 Nottingham Station. This area contains one story shops and a fast-food operator. Additional
development and/or redevelopment is expected given the location to essential services and
other guest services, including the Riverfront Gondola.
3.6 Northside Commercial. The Northside area includes two gas stations, a tire/lube shop, and
two vacant properties. Neighborhood Commercial (“NC”) Zoning accommodates an influx of
Community Housing potential, with other supporting commercial activities.
3.7 Blight Conditions. Avon has identified numerous conditions in the DDA Plan area that meet the
character and conditions meeting the definition of Blighted Area per C.R.S. §31-25-802:
“Blighted area” means an area within the central business district which, by reason of the
presence of a substantial number of deteriorated or deteriorating structures, predominance
of defective or inadequate street layout, faulty lot layout in relation to size, adequacy,
accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other
improvements, unusual topography, defective or unusual conditions of title rendering the title
nonmarketable, or the existence of conditions which endanger life or property by fire and
other causes, or any combination of such factors, substantially impairs or arrests the sound
growth of the central business district, retards the provision of housing accommodations, or
constitutes an economic or social liability and is a menace to the public health, safety,
morals, or welfare in its present condition and use.
Attachment C to this DDA Plan documents several occurrences of deteriorated structures,
inadequate street layout, unsafe intersections, inadequate vehicular and pedestrian access, and
faulty lot layouts.
4.0 RELATIONSHIP TO COMPREHENSIVE PLAN. This DDA Plan is intended to promote and support
specific projects and related private projects and investment which are compatible with the
Comprehensive Plan, and each of the sub-plans of the Comprehensive Plan. The Comprehensive
Plan and each of its sub-plans shall be considered, especially the Avon Community Housing Plan.
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5.0 PLAN OBJECTIVES
5.1 Introduction. The DDA Plan is intended to sustain and enhance the long-term commercial
health of Downtown Avon by increasing Community Housing and funding public infrastructure
and facilities which promote business investment. Mixed-Use developments and integration of
Community Housing into the Commercial Core will promote a walkable, pedestrian friendly and
transit oriented built environment that will create desirable neighborhoods while implementing
climate action strategies. A critical mass of full-time residents will support and sustain
neighborhood businesses, which in turn will increase the uniqueness and attractiveness of Avon
as a destination for visitors. The combination of commercial and residential uses will further
promote development and redevelopment of the entire Downtown as an urban “neighborhood”
with retail, business, lodging, residential, civic, cultural and public elements while physically
connecting existing uses and improving circulation among multiple forms of transportation.
5.2 Community Housing. Current zoning in Benchmark portion of Downtown Avon allows for
redevelopment with an estimated 750-1500 residential units, depending upon the mix of
commercial units. Current entitlements in the Village (at Avon) portion of Downtown Avon allows
for development with an estimated 800 to 1,400 additional residential units, depending upon the
mix of accommodations development. The Avon Community Housing Plan states a goal to
maintain full-time residential use in at least 50% of Avon’s residential development. The number
of Community Housing residential units in Downtown Avon required to meet this goal in the Avon
Community Housing Plan at full build-out may range from 775 to 1,450 total units. Another
objective is to provide adequate workforce housing to meet the needs of employers in Avon.
The Eagle County Climate Action Collaborative Plan states a goal to construct workforce housing
within five miles of job locations. The Town of Avon’s Downtown Area is uniquely within 5 miles
of the accommodation and commercial cores of Avon, Beaver Creek/Bachelor Gulch, and
Edwards and within nine miles of the Town of Vail’s commercial and accommodation areas.
Avon’s Downtown Area is served by the Town of Avon’s fare free bus transit and is centrally
located within the Eagle Valley Transportation Authority fare free zone for expanded bus transit.
5.3 Public Infrastructure and Facilities. The development of a high-density, mixed-use urban
Downtown Area will require significant investment in public infrastructure and facilities. Public
infrastructure investment will be particularly important for parking structures and street
realignment associated with redevelopment of East Avon and the Sun Road Sub-Area District.
Investment in public facilities which serve an expanding residential population as well as
supports Avon’s visitor economy may include expansion of the Avon Recreation Center,
development of the Planning Area B (Park and Lake area) in the Village (at Avon), and
development of recreational trail connections. Support for early childhood educational facilities
will also enhance the attractiveness of the Downtown Area as a desirable place for workforce
living.
6.0 POTENTIAL PROJECTS. The potential projects listed in this section is not intended to be an
exhaustive, exclusive or definitive list; rather, all viable projects which advance the purpose and
objectives of the DDA Plan should be considered for support by the DDA Board. This list provides
a short overview of current ideas on projects that may benefit from financial support from a DDA.
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6.1 Community Housing. There is a severe shortage of workforce housing. Community Housing
projects are a priority focus of the DDA Plan. 50% of the funding of the DDA revenues over the
life of the DDA shall be allocated to support the development of new Community Housing,
acquisition of deed restrictions on existing residential stock, or other programs and strategies to
increase workforce housing in the Downtown Area.
6.2 Parking Structures. Public parking structures are desired to serve a growing population and
increased visitor base. Possible locations for parking structures include the Avon Recreation
Center parking lot, Lot B [insert subdivision name], the Sun Road Sub-District Area, East Avon in
coordination with redevelopment, and the Village (at Avon) in Planning Area A in coordination
with a large scale hotel development.
6.3 Streets and Utilities. Street and utilities projects may include any street and utility extension, or
upgrade required for a Community Housing project; realignment of the street route between
Round-About 4 and the entrance to the Village (at Avon) adjacent to Chapel Square (comprised
of East Benchmark Road, a portion of Beaver Creek Place, and Chapel Place); and, realignment
or redevelopment of Sun Road.
6.4 Parks and Trails. The Village (at Avon) includes the dedication of Planning Area B, which is a
four acre park property that is the probable location for a small lake as described in the CARADA.
Planning Area B is intended to be coordinated and integrated with the development of Planning
Area A and the final location is likely to change based on development configuration and block
platting for Planning Area A in the Village (at Avon). An interior recreation trail is planned to
connect Post Blvd to Planning Area B.
6.5 Public Facilities. Public facilities may include expansion of the Avon Recreation Center and
construction of an early childhood education center.
7.0 PROJECT FINANCING
7.1 Public Investment Objective. It is the intent of Council and the DDA Board that the public
sector play a significant role in revitalization efforts as a strategic partner. However, experience
has proven that a critical component to the success of any revitalization strategy is participation
by both the public and private sector. Leveraging of resources will be key as no one entity, either
public or private, has sufficient resources alone to sustain a long-term improvement effort.
7.2 Authorization. The DDA Board may approve financing this DDA Plan by any method authorized
under the DDA Statutes or any other applicable law, including without limitations, the following:
issuance of notes and bonds in an amount sufficient to financing all or part of this DDA Plan;
borrowing of funds and creation of indebtedness; advancement and reimbursement agreements;
federal or state loans or grants; interest income; annual appropriation agreements; agreements
with public or private entities; and loans, advances and grants for any other available sources.
The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully
available funds of the Authority.
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7.3 Project Revenues
a. Tax Increment Financing. The primary method of financing this DDA Plan is expected to be
the use of property tax increments as authorized by the DDA Statutes. The property tax
increments will be collected, divided, distributed, utilized and in all other ways administered
as set forth in the DDA Statutes.
b. Funding Agreements. The Town and DDA Board may enter into agreements with other
public bodies and private parties to provide financial assistance in support of development
projects consistent with this Plan as may be more fully set forth in the provisions of such
agreements. Existing agreements between the Town and private parties that are consistent
with this DDA Plan are intended to remain in full force and effect.
c. Confluence Metropolitan District, Avon Station Metropolitan District, Village Metropolitan
Districts. The Town has entered into an intergovernmental agreement dated ______________,
2023 with Avon Station Metropolitan District, Confluence Metropolitan Districts, and Village
Metropolitan Districts (“District IGAs”). Pursuant to the District IGAs, the DDA Board shall
remit to the Districts any tax increment receipts resulting from real property taxes and
specific ownership taxes from property within the boundaries of the Districts as of the date
of the District IGA, other than Lot B of the Avon Station Metropolitan District (as described
in the District IGAs), that would otherwise be payable to the Districts, except for any
incremental real property taxes or specific ownership taxes generated by an increase in the
total number of permitted dwelling unites or commercial square footage in the zoning
entitlements existing as of the date of the District IGAs. The Town shall continue to remit
such receipts, if any, to the Confluence Metropolitan District and Avon Station Metropolitan
Districts until December 31, 2047. [NOTE: This section needs more legal review]
7.4 Financing Mechanisms and Structures. The Plan is designed to provide for the use of tax
increment financing as one tool to facilitate investment and reinvestment within the Area. The
Authority is committed to making a variety of strategies and mechanisms available which are
financial, physical, market and organizational in nature. It is the intent of the Town Council and
the Authority to use the tools either independently or in various combinations. Given the
obstacles associated with infill development, the Authority recognizes that it is imperative that
solutions and resources be put in place that re comprehensive, flexible and creative. Such
resources may include, without limitation, special districts and improvement districts approved
by the Town Council.
8.0 PROJECT APPROVAL PROCESS. Projects which are proposed to be financed in whole or in part
with DDA tax increment financing sources shall be reviewed by the DDA Board to determine if such
project advances the purposes and objectives in this DDA Plan. The DDA Board shall conduct such
work sessions as are appropriate. Projects be subject to: review and recommendation by the Avon
Planning and Zoning Commission as set forth in the Avon Development Code; review, comment and
recommendation by the Avon Financing Committee; and review and concurring approval by Council.
The DDA Board, Avon Planning and Zoning Commission, Avon Finance Committee and Council
shall each conduct a public hearing prior to taking final action or providing a recommendation.
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9.0 PLAN AMENDMENTS
9.1 Process. The process for amendments to the DDA Plan allows parties responsible for
implementing this DDA Plan to periodically evaluate its effectiveness and make adjustments to
ensure efficiency in implementing the recommended Plan Objectives and DDA Projects. The
DDA Plan may be amended at any time. If amended after the lease or sale by the DDA of real
property in the DDA Boundary Area, such modification shall be subject to such rights at law or
in equity as a lessee or purchaser or his successor in interest may be entitled to assert. The
DDA Board or the Avon Town Council may initiate amendments to the DDA Plan. Proposed
amendments shall be referred to the Avon Planning and Zoning Commission and the Avon
Finance Committee for review, comment, and recommendation. The DDA Board shall consider
the comments and recommendations of the Avon Planning and Zoning Commission before
taking action on the DDA Plan document. The DDA Board, Avon Planning and Zoning
Commission, Avon Finance Committee, and Avon Town Council shall each conduct at least one
public hearing before taking action on a proposed amendment to the DDA Plan.
9.2 Content. Amendments to the DDA Plan may include boundary adjustments, changes to the
DDA Plan text, updates to information and inclusion of new or updated studies, updates to
financing sources and uses, other amendments authorized in the Avon Municipal Code, and
other amendments authorized by the DDA Act.
9.3 Review. Each entity which reviews amendments to the DDA Plan may consider change in
conditions within the Downtown Development Authority boundary; local, state or national
economic changes which may impact the DDA Plan; and whether the proposed amendments to
the DDA Plan may improve achieving the purpose of the DDA Plan and implementation of DDA
Plan Objectives.
9.4 Adoption. Amendment to the DDA Plan shall be adopted by a Resolution of the DDA Board and
the Avon Town Council.
10.0 MISCELLANEOUS
10.1 Cooperation Agreements. For the purposes of implementing this Plan, the Authority may enter
into one or more Cooperation Agreements with the Town or other public bodies pursuant to the
Act. Such Cooperation Agreements may include, without limitation, agreements regarding the
planning or implementation of this Urban Renewal Plan and its projects, as well as programs,
public works operations, or activities which the Authority, the Town or such other public body is
otherwise authorized by law to undertake, including without limitation, agreements respecting
the financing, installation, construction and reconstruction of public improvements, utility line
relocation, storm water detention, environmental remediation, landscaping and/or other eligible
improvements within the Urban Renewal Area.
10.2 Interpretation. The language in this Urban Renewal Plan shall be interpreted to conform to the
Act, and if there is any conflict between the Ac and this Urban Renewal Plan, the provisions of
the Act shall control.
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10.3 Severability. If any portion of the Urban Renewal Plan is held to be invalid or unenforceable,
such invalidity will not affect the remaining portions of the Urban Renewal Plan.
APPENDIX A: Downtown Development Authority Boundary
APPENDIX B: Avon Employer Workforce Housing Survey (Results Pending)
APPENDIX C: Blight Study/Inventory (2023)
APPENDIX A
VAIL VALLEY OFFICE
30 Benchmark Road, Suite 216, PO Box 978 Avon, CO 81620
DENVER OFFICE
9618 Brook Hill Lane Lone Tree, CO 80124 970.949.5072 info@inter-mtn.net
TOWN OF AVON DDA LAND DESCRIPTION‐NORTH OF I‐70
A parcel of land located in part of Sections 7 and 8, Township 5 South, Range 81 West of
the Sixth Principal Meridian. Also being North of the Interstate 70 right‐of‐way beginning at
the Southernmost point of Tract I, Village at Avon Filing 3 and the West right‐of‐way line of
William J. Post Boulevard.
Thence Northwest along the West line of Tract I and Tract B, Village at Avon Filing 3 to the
Northwest corner of Tract B;
Thence Northeast along the North line of Tract B to the Northwest line of Tract F;
Thence Northeast to the North corner of Tract F and the Swift Gulch right‐of‐way;
Thence Southeast along the South right‐of‐way of Switch Gulch to the southeast corner of
Tract I on the west right‐of‐way line of Post Boulevard;
Thence Northeast across Swift Gulch Road to the Northwest corner of Avon Landing;
Thence Northeast to the Northernmost corner of Block 2, Avon Landing;
Thence southeast to the Northeast corner of Block 3, Avon Landing;
Thence continuing on the North line of Block 3 to the Northeast corner of Block 3;
Thence South along the East line of Avon Landing to the Southeast corner of Block 4, Avon
Landing and a point on the north right‐of‐way line of Interstate 70;
Thence continuing Northwest along the South line of Block 4, Avon Landing and the right‐
of‐way line to the Southwest corner of Block 4 also being the Southeast corner of Lot 2,
Stolport Station Subdivision;
Thence continuing Northwest along the South line of Stolport Station Subdivision to a point
on the South right‐of‐way line of Post Boulevard;
Thence Northwest across Post Boulevard right‐of‐way to the point of beginning.
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70
A parcel of land being part of Section 7, Township 5 South, Range 81 West and Sections 1,
2, 11, and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. Also being
South of the Interstate 70 right‐of‐way beginning at the Westernmost corner of Tract G,
Village at Avon Filing 1 on the Southeast right‐of‐way line of Tract A, Post Boulevard, also
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70 (CONTINUED)
being the most easterly corner of Tract A; Thence Southwest along the Southeast line of
Tract A to the Northernmost corner of Lot 5, Village at Avon Filing 1;
Thence Southwest along the North line of Lot 5 to the North line of the Denver and Rio
Grande Western Railroad right‐of‐way;
Thence West along the North line of the railroad right‐of‐way to the Easternmost point of
Tract D, Village at Avon Filing 1;
Thence Northwest along the North line of Tract D and the South right‐of‐way line of Yoder
Avenue to the intersection with the East right‐of‐way line of Post Boulevard;
Thence Southeast along the East right‐of‐way line of Post Boulevard to the North right‐of‐
way line of the Union Pacific Railroad;
Thence Northwest along the North right‐of‐way line of the Railroad to the Southwest
corner of Lot 1, Village at Avon Filing 1, also being the southeast corner of Chapel Square
Subdivision; thence continuing northwest along the northerly Railroad right of way line to a
point on the southerly boundary line of Tract B‐1 of A Resubdivision of Tract B, Chapel
Square Subdivision at its intersection with the extension of the East boundary line of Lot 2
of Lot 1/2, Nottingham Station Subdivision;
Thence continuing Southwesterly along the East boundary line of Lot 2 and its extension to
the Southerly right‐of‐way line of Hurd Lane;
Thence Northwest along the South right‐of‐way line of Hurd Lane and its extension to a
point on the West right‐of‐way line of Avon Road;
Thence Northwest along the West right‐of‐way line of Avon Road to the Southeast corner
of Avon Town Square Commercial Condominiums on the North right‐of‐way line of the
railroad right‐of‐way;
Thence Northwest along the North right‐of‐way line of the railroad to the East right‐of‐way
line of Lake Street;
Thence Northeast along the East right‐of‐way line of Lake Street to the intersection with
West Beaver Creek Boulevard right‐of‐way;
Thence across Beaver Creek Boulevard to the Southernmost corner of Greenbriar
Condominiums;
Thence Northeast along the East line of Greenbriar Condominiums to the South line of the
Interstate 70 right‐of‐way line.
Thence Southeast along the South line of the Interstate 70 right‐of‐way to the Northeast
corner of Lot 1, Village at Avon Filing 1;
Thence Southeast along the East line of Lot 1 to the North line of Post Boulevard, Tract A,
Village at Avon Filing 1;
Thence Southeast along the North line of Tract A, the North right‐of‐way line of Post
Boulevard to the point of beginning.
2
TOWN OF AVON DDA LAND DESCRIPTION, ADJACENT TO NOTTINGHAM ROAD
A parcel of land being a part of Section 1 and 12, Township 5 South, Range 82 West of the
Sixth Principal Meridian, County of Eagle, State of Colorado. Beginning at the East corner
of Lot 1, Block 1 of Benchmark at Beaver Creek; thence Northwest along the Southwest
boundary of Block 1 to the West corner of Lot 4;
Thence Northeast along the Northwest boundary of Lot 4 to the North corner of Lot 4, also
being a point on the South boundary line of Nottingham Road;
Thence Southeast along the South boundary line of Nottingham Road to its intersection
with the extension of the Northwest boundary line of Lot 67, of the resubdivision of Lots
67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Northeast across Nottingham Road along the Northwest boundary of Lot 67 and its
extension to the North corner of Lot 67, also being the South boundary of Swift Gulch
Road;
Thence Southeasterly along the South boundary line of Swift Gulch Road to the East corner
of Lot 68 of the resubdivion of Lots 67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Southwest along the Southeast boundary of Lot 68 to the South corner of Lot 68
also a point on the North right‐of‐way boundary line of Interstate Highway 70;
Thence continuing along the North right‐of‐way boundary line of Interstate Highway 70 to
the point of beginning.
3
APPENDIX B
Q1. Avon Employer Workforce Housing Questionnaire
The Avon Town Council recognizes that the severe shortage of workforce
housing is impacting all employers in our community. The Avon Town Council is
proposing the formation of a Downtown Development Authority which would
create a new source of funds for Community Housing and Public Improvements
in the Avon Commercial Core area. No new or increased taxes are proposed.
Town of Avon is conducting a survey of employers in Avon to gather data on
the shortage of workforce housing and impacts to staffing in order to determine
the best housing projects to meet the needs of Avon’s employers. The results of
this survey will be included as an appendix to an Avon Downtown Development
Authority Plan document. Individual business information provided in this survey
will remain confidential as proprietary and financial information under the
Colorado Open Records Act.
The deadline to complete this survey is June 9th, 2023
Q2. Please list the name of your business.
Q3. From the options below, please select the business type that best fits your
business. Please select all that apply.
Lodging
Restaurant
Retail
Office/Services/Consulting
Government/Non-Profit
Construction/Landscaping
Architecture/Engineering
Financing/Accounting/Law Firm
Spa/Salon/Hair Care
Healthcare/Dental
Other (please specify)
Q4. On average, how many FULL-TIME employees do you retain?
Summer Winter Year Round
Q5. On average, how many PART-TIME employees do you retain?
Summer Winter
Q6. Thinking about this past 2022 SUMMER season, how many vacant positions
were you NOT able to fill due to the lack of workforce housing in Avon? Please
enter a numerical value.
Vacant Positions:
Q7. Thinking about this past 2022/2023 WINTER season, how many vacant
positions were you NOT able to fill due to the lack of workforce housing in Avon?
Please enter a numerical value.
Vacant Positions:
Q8. At what salary level positions have you had the most trouble filling due to
the lack of workforce housing? Please select all that apply.
$30K - $39K $40K - $49K $50K - $59K $60K - $69K
$70K - $79K $80K - $89K $90K - $99K $100K - $119K
$120K - $129K $130K - $139K $140K and over
Q9. Please rate how well you Agree or Disagree with the following statements
regarding your business operations over the past year.
Q10. If opportunities to purchase workforce housing for your employees were
available, would you want to learn more about investing in workforce housing?
Yes No
Q11. In your own words, please describe how the shortage of workforce housing
has impacted your business.
Q12. In your own words, please describe how the shortage of workforce housing
has impacted your business, and whether you think there is a need for more
affordable rental or for-sale inventory.
APPENDIX C
Downtown Development Authority
Blight Study / Inventory
2023
This document presents the general conditions for the Avon Downtown Development Authority (“DDA”)
Blight Study (“Study”). Community Development observed these conditions in the DDA boundary area in
April, 2023.
This Study aims to establish the existing conditions of the DDA area currently exhibiting degrading physical,
environmental, and social factors. For purposes of this Study, the definition of blight is as follows:
“Blighted area” means an area within the central business district which, by reason of the presence
of a substantial number of deteriorated or deteriorating structures, predominance of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness,
unsanitary or unsafe conditions, deterioration of site or other improvements, unusual topography,
defective or unusual conditions of title rendering the title nonmarketable, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of
such factors, substantially impairs or arrests the sound growth of the central business district,
retards the provision of housing accommodations, or constitutes an economic or social liability
and is a menace to the public health, safety, morals, or welfare in its present condition and use.
Blight determination is based upon an area “taken as a whole,” not on a building-by-building basis.
Redominance of defective or inadequate street layout
Deteriorated or deteriorating structures
Obvious indications of disrepair and deterioration to the exterior of a structure include: Primary Elements (exterior walls,
visible foundation, roof) Secondary Elements (fascia / soffits, gutters / downspouts, windows / doors, fagade finishes,
loading docks, etc.) Ancillary Structures ( detached garages, storage buildings, etc.)
The presence of this factor is determined through a combination of both field observation as well as an analysis of the
existing transportation network and vehicular and pedestrian circulation patterns. These conditions include:
• Inadequate Street Cross - Sections, or Geometries,
• Poor or Unsafe Conditions for the Flow of Vehicular Traffic
• Poor Provisions or Unsafe Conditions for Pedestrian Flow
• Insufficient Roadway Capacity Leading to Congestion of
Traffic
• Inadequate Emergency Vehicle Access
• Poor Vehicular / Pedestrian Access to Buildings or Sites
• Poor Internal Vehicular / Pedestrian Circulation
• Excessive Curb Cuts / Driveways in Commercial Areas
These conditions can affect the adequacy or performance of the transportation system.
Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
This factor requires an analysis of the parcels as to their potential and usefulness as developable sites. Conditions indicative of
the presence of this factor include:
• Lots that are Long, Narrow, or Irregularly Shaped
• Lots that are Inadequate in Size
• Lots with Layouts or Configurations that are Obsolete or
Impractical
• Lots with Layouts or Configurations that Result in Stagnant,
Misused, or
• Unused Land
Unsanitary or unsafe conditions
This factor requires an analysis of the parcels
as to their potential and usefulness as
developable sites. Conditions indicative of the
presence of this factor include:
• Inadequate Storm Drainage Systems /
Evidence of Standing Water
• Open Trash Dumpsters
• Severely Cracked, Sloped, Uneven
Surfaces, or a Disconnection or a Lack of
Pathways for Pedestrians
These represent situations in which the
safety of individuals, especially pedestrians
and children, may be compromised due
to environmental and physical conditions
considered to be unsanitary or unsafe.
Deterioration of site or other improvements
Unusual topography
Conditions that apply reflect the deterioration of various improvements made on a site other than building structures. These
conditions may represent a lack of general maintenance at a site, the physical degradation of specific improvements, or an
improvement that was poorly planned or constructed. Overall, the presence of these conditions can reduce a site’ s usefulness
and desirability and negatively affect nearby properties.
• Neglected Properties or Evidence of General Site Maintenance
Problems
• Deteriorated Fences, Walls, or Gates
• Deterioration of On -Site Parking Surfaces, Curb & Gutter, or
Sidewalks
• Poor Parking Lot /Driveway Layout
The focus of this factor is on the presence of unusual topographical conditions that
could make development prohibitive, such as steep slopes or poor load- bearing
soils, as well as deficiencies in the public infrastructure system within the Survey
Area that could include:
• Steep Slopes /Rock Outcroppings / Poor Load - Bearing Soils
• Deteriorated Public Infrastructure (street /alley pavement, curb, gutter, sidewalks, street
lighting, storm drainage systems)
• Lack of Public Infrastructure (same as above)
• Presence of Overhead Utilities
• Inadequate Fire Protection Facilities / Hydrants
Existence of conditions which endanger life or property by fire and other causes
Defective or unusual conditions of title rendering the title nonmarketable
Certain properties can be difficult to market or redevelop if they have overly restrictive or prohibitive clauses in their deeds or titles, or if
they involve an unusually complex or highly divided ownership arrangement. Examples include:
• Properties with Disputed or Defective Title
• Multiplicity of Ownership Making Assemblages of Land Difficult or Impossible
This factor can result from the presence of the following conditions, which include both the deterioration of physical improvements that
can lead to dangerous situations as well as the inability for emergency personnel or equipment to provide services to a site:
• Old, Wooden Buildings Comprised of Highly Combustible Materials Adjacent to Mature Vegetation
• Buildings or Sites Inaccessible to Fire and Emergency Vehicles
• Blocked / Poorly Maintained Fire and Emergency Access Routes
• Insufficient Fire and Emergency Vehicle Turning Radii
• Buildings or Properties not in Compliance with Fire Codes, Building Codes, or Environmental Regulations
• Buildings with Deteriorated Elements that Create Unsafe Conditions
• Buildings with Inadequate or Improperly Installed Utility Components
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager and
Patty McKenny, Deputy Town Manager
RE: Formation of Downtown Development Authority Update
DATE: April 6, 2023
SUMMARY: This report provides an overview of the process for the formation of a Downtown
Development Authority (“DDA”) that will occur over the next four months; see Attachment A, dated
October 19, 2022, for the initial DDA process report. The Town Council provided direction last fall to include
the formation of a Downtown Development Authority as a goal for 2023. This report shall serve as an
update and is informational only. No formal action is currently required. Updates will continue to be
presented over the next few months.
PURPOSE AND GOALS: Downtown Development Authorities intend to alleviate or prevent blight
conditions and promote the sound economic growth of a community’s central downtown commercial core.
Avon’s workforce’s current extreme housing shortages have directly impacted Avon’s business community
and arrested Avon’s businesses’ stability and sound growth. The impacts are widespread to the extent of
impacting public services as well. To support and stabilize and promote the solid economic growth of the
Avon community, investment in workforce housing and public infrastructure to support a growing
community is necessary.
The primary purpose of creating a Downtown Development Authority is to provide a new dedicated funding
source for Community Housing and additional public infrastructure to support Avon’s growing community
over the next several decades. The development of other Community Housing will stabilize the local
workforce and the ability of local businesses to fill employment positions. Community Housing development
requires basic public infrastructure improvements, such as streets, utilities, and drainage. East Beaver
Creek Boulevard in the Village (at Avon) is past its useful life, and the development of Planning Areas A, B,
C, D, and J will require additional investment in streets and infrastructure. Redeveloping the Sun Road area
and East Avon will require investment in re-aligning streets and utilities.
Investment in Community Housing and public infrastructure, facilities, and amenities intends to stabilize the
local economy while establishing a sustainable community regarding climate action and greenhouse gas
reduction. Specifically, locating workforce housing close to job centers will reduce commuting miles,
reinforce the use of mass transit provided by the Eagle Valley Transportation Authority and support new
energy efficient and net zero housing construction. All these considerations and goals fit together in a
manner necessary to achieve a genuinely sustainable downtown community for the next generation.
For these reasons, at least 50% of the tax increment financing revenue source of the Downtown
Development Authority shall be dedicated to Community Housing, and the remaining revenues are
devoted to public infrastructure, facilities, and amenities in the downtown area as determined by the
Downtown Development Authority Board and Council.
DOWNTOWN DEVELOPMENT AUTHORITY: A Downtown Development Authority is a statutory local
government authority formed to prevent the deterioration of property values and structures, prevent blight
conditions, and assist development and redevelopment in the DDA area to promote the continued health of
that area. The DDA statutes provide substantial deference to local determinations and interpretations,
stating in part in the Legislative Declaration,
Page 2 of 3
31-25-801(2) The general assembly determines, finds, and declares that because of several
atypical factors and special conditions concerning downtown development unique to each locality,
the rule of strict construction shall have no application to this part 8. However, it shall be liberally
construed to effect the purposes and objects for which it is intended.
A Downtown Development Authority can be organized when the municipal governing body (i.e., Avon Town
Council) takes action to adopt an ordinance that refers the question of organization to an election, and a
majority of the voting “Qualified electors” vote to approve the DDA. “Qualified electors” means a resident,
landowner, or lessee with the proposed DDA boundary area, see Attachment B.
FINANCIAL CONSIDERATIONS: A Downtown Development Authority (“DDA”) is similar to an Urban
Renewal Authority, with the primary benefit of authorizing tax increment financing within the DDA area. Tax
increment financing is the ability to retain the increased property taxes generated from new development,
which would otherwise go to the Town of Avon, Eagle County, Eagle County School District, and other
taxing jurisdictions in the Town of Avon. DDAs are allowed to impose tax increment financing for 30 years
with the ability to extend for two additional 10-year periods. Forming a DDA and imposition of tax increment
financing does not require consent or approval of other taxing entities like an Urban Renewal Authority
(changes in Urban Renewal Authority law in 2015 require other taxing entities to agree to revenue sharing
or submit to mediation). In very rough terms, a commercial hotel property may generate as much as
$1,000,000 per year, and a 150-unit residential apartment/condominium may generate $400,000 per year
in tax increment financing revenues. See Attachment A (page 4) for the memo from Town Attorney with
more information about Sources and Uses for DDA.
PROPOSED BOUNDARY: The DDA statutes, as defined by C.R.S. §31-25-801, et seq., authorize
designating a portion of the “Central Business District” as the “downtown development area”. The area
within the proposed boundaries of the Avon Downtown Development Authority is depicted in Attachment C
showing a number of different perspectives of the DDA boundary. The area would traditionally be known
as the location of the principal business, commercial, financial, service, and government center of the
Town, and has been zoned and used accordingly. Such area is established as being within the “central
business district” and “downtown” area of the Town and would be included as part of the ordinance forming
the DDA.
FORMATION PROCESS: The process for the formation of the DDA is shown below by the identification of
certain components towards implementation and associated timelines. There will be updates presented at
upcoming council meetings as well.
Deliverables Timeline Status
Develop Eligible Voter / Stakeholder List
(see Attachment B for Eligibility Requirements)
April – June Working with Eagle County
Assessor’s Office, Eagle County
Clerk & Recorder’s Office, and
Finance team to obtain lists of
property owners, registered voters,
and business owners that will make
up the Voter List.
Page 3 of 3
Deliverables Timeline Status
Research & Reports to Complete:
Propose boundary of DDA
Blight Study Report
Financial Analysis
DDA Plan (draft)
April – June Town of Avon “DDA team” (Town
Manager’s Office, ComDev Dept.,
Legal, and Commfluent Inc.)
preparing the reports identified as
support documents in the formation
of the DDA (via ordinance) and
adoption of the DDA plan.
Community (Stakeholder) Outreach
Draft Fact Sheet for Mailer & Website Use
Contact Taxing Entities
Finance Committee Meeting May 3
Other outreach meetings as needed
April – June Town of Avon DDA team (Town
Manager’s Office, ComDev Dept.,
Legal, and Commfluent Inc.)
preparing several outreach platforms
to be implemented May & June.
Planning & Zoning Review
May 2 | Work Session
May 16 | Public Hearing
June 6 | Public Hearing | Plan Adoption
May – June The DDA team will prepare materials
and present them to the P&Z for
consideration and review. P&Z will
consider and take action on the DDA
Plan before Town Council
consideration.
Town Council Review & Action
April 25 | Work Session
May 9 | Work Session
June 13 | 1st Reading Ordinance
June 27 | 2nd Reading & Public Hearing
Ordinance
April - June The DDA team will prepare materials
and present them to the Town
Council and community for
consideration and review. The Town
Council will
Special Election
Proposed Date: August 29, 2023
May –
September
Special Election date would be set at
the same time the ballot question is
considered (via ordinance). Town
Clerk’s Office is preparing special
election calendar and associated
election materials and deliverables.
POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of
Community Housing in the DDA Plan area. DDA revenue streams may also be used for public
infrastructure, facilities and amenities within the boundary. A list of potential projects will be included in a
draft Downtown Development Authority plan; however, community housing and public parking structures
will likely be the most expensive investments at the top of the list.
Thank you, Eric
ATTACHMENT A: Report on DDA Formation dated October 19, 2022.
ATTACHMENT B: Memo about Qualified Electors for DDA dated April 20, 2023 (from Town Attorney).
ATTACHMENT C: Proposed “Avon Downtown Development Authority Map” – several versions showing
different perspectives of the area.
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Downtown Development Authority Process
DATE: October 19, 2022
SUMMARY: This report provides an overview of the steps and timeframe to form and implement a
Downtown Development Authority (“DDA”). If Council supports the formation of a DDA then Staff will
proceed with the steps for implementation as outlined in this report. Additional details, background
information, stakeholder input and policy direction would occur as an integral part of the process to form a
DDA.
PURPOSE: The purpose of a DDA is similar but slightly different than Urban Renewal Authorities. The
DDA status state the purpose as:
(1)The general assembly declares that the organization of downtown
development authorities having the purposes and powers provided in this part 8
will serve a public use; will promote the health, safety, prosperity, security, and
general welfare of the inhabitants thereof and of the people of this state; will halt
or prevent deterioration of property values or structures within central business
districts, will halt or prevent the growth of blighted areas within such districts,
and will assist municipalities in the development and redevelopment of such
districts and in the overall planning to restore or provide for the continuance of
the health thereof; and will be of especial benefit to the property within the
boundaries of any authority created pursuant to the provisions of this part 8.
(2)The general assembly determines, finds, and declares that because of a number
of atypical factors and special conditions concerning downtown development
unique to each locality, the rule of strict construction shall have no application to
this part 8, but it shall be liberally construed to effect the purposes and objects for
which it is intended.1
DDA PLAN: The proposed primary purpose of the DDA plan is to develop Community Housing in the DDA
Plan area. Related to development of Community Housing is the cost of land acquisition; installation,
extension or realignment of roads and utilities; and construction of services and amenities to support an
increased population, such as early childhood education, parks and recreation. The “Downtown” is a
specifically defined area of the municipality in the “Central Business District”. The Central Business District
is defined as
“Central business district” means the area in a municipality which is and
traditionally has been the location of the principal business, commercial,
financial, service, and governmental center, zoned and used accordingly.2
Council has significant legislative discretion in determining the “Central Business District” and portion that is
suitable for the DDA Plan area. The DDA Plan area is expected to be refined based on stakeholder input
and review of specific DDA Plan goals and strategies.
1 CRS §31-25-801
2 CRS §31-25-802(3)
ATTACHMENT A
Page 2 of 3
DDA FUNDING: The DDA has the ability to capture the tax increment of increased property taxes for all
taxing jurisdictions. DDAs also have the ability impose an additional property tax or sales tax, subject to
approval by the Qualified Electors in accordance with a TABOR election. The DDA is proposed for the tax
increment funding and increases to the property tax mill levy or sales tax rate is not suggested. Budgeting
and forecasting of revenues is speculative because it depends upon the actual construction of new
development that increases the assessed valuation of the entire DDA area over the initial baseline
assessment. Roughly, a 140 room residential apartment could generate $400,000 per year and a 140+
room hotel (or similarly sized commercial building) could generate as much as $1 million in TIF revenue per
year. The DDA would likely exempt the current 15 mill levy for Village Metropolitan District in the Village (at
Avon) because that is imposed and pledged to repay bonds of Traer Creek Metropolitan District. There are
other terms in the Village (at Avon) development agreement which may present opportunities to reduce
Avon’s tax credit obligation to repay debts of Traer Creek Metropolitan District.
QUALIFIED ELECTORS: A DDA must be approved by a positive vote of “qualified electors” within the
defined DDA area.
“Qualified elector” means a resident, a landowner, or a lessee as said terms are
defined in this section. Any landowner or lessee which is not a natural person may
vote only if it designates by some official action a representative thereof to cast its
ballot. This subsection (9) shall not be construed so as to permit any qualified
elector to cast more than one vote, even though any person qualified or lawfully
designated may be entitled to cast the vote of more than one qualified elector.
“Resident” means one who is a citizen of the United States and a resident of the
state of Colorado, eighteen years of age or older, who makes his primary dwelling
place within the district.
Once the DDA entity is formed by a vote of qualified electors, the Avon Town Council refers the draft DDA
Plan to the Avon Planning and Zoning Commission who conducts a public hearing and provides a
recommendation. Then the Avon Town Council conducts a public hearing and may adopt a DDA Plan by
resolution. A draft DDA Plan is proposed to be prepared by December so there is a working document for
stakeholder outreach and input.
FORMATION PROCESS:
1.Initial data collection, including collection of sample DDA plans and ordinances from other communities
[October through December]
2.Draft of DDA plan, prepare draft ordinance and related documents [November and December]
3.Review DDA with Avon Finance Committee on November 9, 2022
4.Stakeholder outreach: Community meetings targeted to residents, property owners and business
lessees in the proposed DDA area would be conducted. [January]
5.Revise DDA Plan, Conduct Council Public Hearing, consider ordinance to refer formation of DDA to
special election of eligible electors: [February and March]
6.Schedule special election for formation [June 6, 2022]
Page 3 of 3
7.The DDA Board appoints the following positions, subject to approval of Avon Council, Director,
Treasurer and a Secretary. [June or July] NOTE: these positions would be typically filled by the Town
Manager, Finance Director and Town Clerk in a manner similar to the Avon Urban Renewal Authority.
8.DDA Board adopts budget, which is subject to approval by Avon Council. [June or July]
9.DDA Board begins to support and identify projects that implement the DDA plan [June or July]. Any
development projects, property acquisition or disposal, or expenditures would be subject to review and
approval of the Avon Council.
The Avon Town Council establishes the power of the DDA by ordinance and may dissolve the DDA by
ordinance.3 Typically, the establishing ordinance would authorize all powers under the DDA statutes and
all powers under home rule authority.
RECOMMENDATION: I recommend Council give direction to proceed with the formation process as
outlined in this report.
Thank you, Eric
ATTACHMENT A: Karl Hanlon DDA Memorandum
3 CRS §31-25-803
www.mountainlawfirm.com
Glenwood Springs – Main Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen
323 W. Main Street
Suite 301
Aspen, CO 81611
Montrose
1544 Oxbow Drive
Suite 224
Montrose, CO 81402
Office: 970.945.2261
Fax: 970.945.7336
*Direct Mail to Glenwood Springs
DATE: September 27, 2022
TO: Eric Heil, Avon Town Manager
FROM: Karp Neu Hanlon, P.C.
RE: Downtown Development Authority Sources and Uses
A Downtown Development Authority (“DDA”) is a creature of state statute, with the purposes
of promoting the general welfare, halting deterioration and blight, and assisting municipalities with
redevelopment. See C.R.S. § 31-25-801 et seq. The DDA is a separate tax-exempt entity from the
City, which has only two roles in the DDA’s functioning: 1) appointment of the board, and 2) approval
of the budget. The DDA does not have power to assess taxes, but instead must rely on the City to do
so and will pull its funds from a separate Town account. The creation of a DDA is subject to voter
approval, as are any new taxes levied therefor. Avon for some time has had an Urban Renewal District
(URA) which is similar but also different than a DDA. A chart comparing DDAs to URAs is attached
which highlights some of the differences between the two types of entities. In reviewing the two
statutes there is nothing that prevents both from coexisting over the same area.
DDAs have two mechanisms for raising revenue. First is a maximum 5 mill ad valorem levy
on properties within the DDA boundary. This is assessed by the City, and subject to approval by the
voters. See C.R.S. § 31-25-817. All revenue is held by the municipality for use by the DDA. The
second mechanism is Tax Increment Financing (“TIF”), which is a form of public funding that allows
for the issuance of municipal bonds to raise money for public improvements. A TIF involves the
distribution of existing taxes on assessed valuation and is not a separate tax itself. As explained by
the court in Northglenn Urban Renewal Authority v. Reyes, 300 P.3d 984, 986 (Colo. App. 2013)1:
[A TIF] is accomplished by first establishing a base amount upon which the various
taxing authorities assess and collect their levies. This base amount is determined
by assessing the value of the property within the urban renewal area prior to
adoption of the urban renewal plan. Thereafter, the property is reassessed in
subsequent years for tax purposes in the hopes that the urban renewal plan has
increased its value. After all levies are assessed and collected on the subsequent
valuation, any incremental increase in the base amount is deemed the result of the
1 While this case involves an Urban Renewal Authority, the TIF concepts for both entities are identical. Compare C.R.S.
§ 31-25-807(3)(a) and C.R.S. § 31-25-107(9)(a).
ATTACHMENT A: DDA Legal Memo
Downtown Development Authority Sources and Uses
Page 2
PRIVILEGED AND CONFIDENTIAL MEMORANDUM
urban redevelopment efforts by the municipality and is distributed to the urban
renewal authority.
A TIF only lasts for 30 years, after which it may be extended by City Council. The DDA can
additionally collect revenues from grants and partnerships.
The source of revenues also determines how those funds may be used. Both revenue streams
may go towards the financing of public improvements within the DDA boundary, such as façade,
landscaping, streetscaping, utilities, and parking improvements. Mill levy revenue can go to a wider
variety of additional DDA operating purposes, business incentives, and marketing. On the other
hand, TIF revenues go into escrow are used to borrow against for financing downtown improvements.
Any excess TIF revenues must go to debt servicing and repayment of bonds for the financing of any
plan of development within the DDA. C.R.S. § 31-25-807(3)(a)(II). Only once any indebtedness is
fully paid, may TIF revenues go to a general operating account of whatever taxing authority collected
the revenue in the first place.
DDAs are useful tools to facilitate development within a geographically distinct area. While
there are several ways to raise revenue for the DDA, the source of money dictates how it may be
used. In no case, however, may that revenue go towards general operations of the sponsoring
municipality, unless all indebtedness has been paid and there is a TIF revenue surplus.
The Town has several specific questions regarding the use of a DDA and TIF revenues that
are addressed below:
1.When can the TIF be implemented?
A TIF is implemented through the initial adoption of the plan of development or at any later
date by amending the plan of developments. Pursuant to C.R.S. § 31-25-807(3)(a) any plan of
development may be modified to include the implementation of a TIF. The statute provides:
Notwithstanding any law to the contrary and subject to subsection (3)(a)(IV) of this
section, any such plan of development as originally adopted by the board or as later
modified pursuant to this part 8 may, after approval by the governing body of the
municipality, contain a provision that taxes, if any, levied after the effective date of
the approval of such plan of development by said governing body upon taxable
property within the boundaries of the plan of development area each year or that
municipal sales taxes collected within said area, or both such taxes, by or for the
benefit of any public body shall be divided for a period not to exceed thirty years
or such longer period as provided for in subsection (3)(a)(IV) of this section after
the effective date of approval by said governing body of such a provision[.]
ATTACHMENT A: DDA Legal Memo
Downtown Development Authority Sources and Uses
Page 3
PRIVILEGED AND CONFIDENTIAL MEMORANDUM
2.Can DDA funds can be used for Community Housing, recreation improvements
(including park properties in the Village (at Avon), constructing a new post office to lease to USPS
to assist with relocation, and early childhood education?
Yes. The type of projects anticipated should be included in the Plan of Development and such
improvements are contemplated. C.R.S. § 31-25-807(2)(d).
3.Can DDA funds be used for road and utility extensions (which would be used to
substitute some of the Town’s tax credit obligations for infrastructure)
Yes. The type of projects anticipated should be included in the Plan of Development and such
improvements are contemplated. C.R.S. § 31-25-807(2)(d).
4.Can Avon claim that it’s Central Business Core is the valley floor from Lake
Street/Avon Recreation Center all the way to Planning Area J where the Wagon Wheel Road cul-du-
sac and utility extensions have been installed?
While there is no specific case law regarding courts have been generally deferential to both
legislative determinations and voter approvals. In the case of a DDA both occur in that the Council
will by ordinance establish the boundary it believes is appropriate for the DDA and then that will be
approved by the voters.
5.What is the total time period that a TIF can be effective?
There is time limit on the TIF of 30 years from the date it is first implemented either in the
original plan of development or a modification of that plan with the option of extending for another
20 years. C.R.S. § 31-25-807(3)(a)(IV). During the 20-year extension 50% of the TIF must be paid
to the affected taxing entities, id.
6.Can Avon/DDA agree to rebate TIF or waive TIF for some taxing entities, or waive a
portion of TIF? Like Fire District and Ambulance District and Village Metro District which is
imposing a property tax to raise funds for the Village finances.
Within the first 30 years of the TIF Avon is not obligated to share any of the TIF revenues
with any other taxing entity. For the additional time period there is an obligation under C.R.S. § 31-
25-807(3)(a) (IV)(B) to pay 50% of the TIF to the other taxing entities. That said, there is nothing in
the statute which prevents or prohibits Avon from sharing back, pursuant to an IGA, any of the TIF
revenues.
7.Can DDA funds be used for staff?
TIF revenues can be used for DDA staff (as can the 5 mills discussed above). Direct payments
for the Avon personnel would fall outside the uses identified in the statute. C.R.S. § 31-25-805, § 31-
25-807, and § 31-25-815.
ATTACHMENT A: DDA Legal Memo
www.mountainlawfirm.com
Glenwood Springs – Main Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen
323 W. Main Street
Suite 301
Aspen, CO 81611
Montrose
1544 Oxbow Drive
Suite 224
Montrose, CO 81402
Office: 970.945.2261
Fax: 970.945.7336
*Direct Mail to Glenwood Springs
DATE: April 20, 2023
TO: Avon Town Council and Mayor
FROM: Karp Neu Hanlon, P.C.
RE: Electors Qualified to Vote in the DDA Special Election
The organization of a Downtown Development Authority ("DDA") involves a group of electors
different than most other elections. The electors qualified to vote in a DDA election are the residents,
landowners, and lessees (as those terms are defined in C.R.S. § 31-25-801, et seq.) within the
boundaries of the proposed district.
A resident must be (a) a citizen of the United States, (b) a resident of the state of Colorado, (c) eighteen
years of age or older, (d) a person whose primary dwelling place is within the boundaries of the
proposed district, and (e) registered to vote in Colorado. Only those electors with a voter registration
address within the boundaries of the proposed district will automatically receive a ballot. If an elector
actually resides within the district but is registered to vote at an address outside of the district, the
elector must complete a Request for Mail Ballot form in order to receive a ballot.
A landowner is (a) an owner in fee of any undivided interest in real property or any improvement
permanently affixed thereto within the boundaries of the proposed district, and (b) if a natural person,
eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's
behalf who is eighteen years of age or older. An owner in fee includes a contract purchaser obligated
to pay general taxes, an heir, and a devisee under a will admitted to probate. An owner in fee does
not include a contract seller of property where the contract purchaser is deemed to be the owner in
fee. Interval or timeshare "owners" are generally not owners in fee. Landowners need not reside
within the boundaries of the proposed district. Landowners will automatically be mailed a ballot at
the property's mailing address.
A lessee is (a) a holder of a leasehold interest in real property within the boundaries of the proposed
district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated
by the entity to vote on the entity's behalf who is eighteen years of age or older. Here, a leasehold
interest does not include a license or mere contract right to use real property, including interval and
ATTACHMENT B
Downtown Development Authority – Qualified Electors
Page 2
timeshare ownership where an "owner's" right to use certain weeks arises by contract or by the
purchase of points. Lessees will not automatically receive a ballot. If the lessee is an entity, the lessee
must complete a Designation of Elector form for the entity and the lessee's designee must complete a
Mail Ballot Request form. If the lessee is an individual, the lessee must complete a Mail Ballot
Request form.
The DDA election follows the one person-one vote rule where even though a person or entity may be
qualified to vote in more than one way, a person may only vote once. For example, if an entity owns
multiple properties within the DDA, that entity may only cast one vote through a designated person,
and any person designated to vote on behalf of an entity may only cast one vote.
By way of example, let's say Sam, via four different entities, owns four properties within the
boundaries of the proposed district. Sam also resides in a condo within the boundaries of the proposed
district and is a registered voter at that address. As a resident and an active registered voter, Sam will
automatically be mailed a ballot to vote as a resident. For each property owned by a separate entity,
Sam may designate up to four electors – one for each property. To receive a ballot for those properties,
Sam must complete a Designation of Elector form for each entity, and each designated elector must
complete a Request for Mail Ballot. In that instance, both forms must be completed to receive a ballot.
Sam cannot vote as both a resident and a landowner.
By way of another example, let's say Sally owns multiple properties within the boundaries of the
proposed district though all of the properties are owned through a single entity. Sally must complete
a Designation of Elector form for the entity and the designated elector must complete a Request for
Mail Ballot form. Even though Sally's entity owns multiple properties within the boundaries of the
proposed district, the entity may only designate one person to vote on the entity's behalf and may only
vote once. If Sally, in her individual capacity, qualifies to vote as a resident, she can either vote as a
resident or as the designated person to vote on her entity's behalf, but not both.
The Legislative Council Staff is the research arm of the Colorado General Assembly.
The Legislative Council Staff provides nonpartisan information services and staff support to the Colorado Legislature.
Number 17-33 A Legislative Council Staff Publication August 2017
THE IMPACT OF TAX INCREMENT FINANCING ON SCHOOL FINANCE
By Marc Carey
Public K-12 eduction in Colorado is financed
in part by local governments and in part by
state government. The school finance formula
establishes a statewide total funding level. The
difference between this amount and the local
share determines the state’s obligation to
school finance. The local share is paid
primarily from local property taxes. When
property taxes are not collected from a specific
property, the funding formula requires the state
to augment its share of K-12 education funding
by the amount of foregone local tax revenue.
This issue brief discusses the impact of tax
increment financing on the state and local
shares of K-12 education funding.
What is tax increment financing?Tax
increment financing (TIF) is a tax incentive
for redevelopment projects in Colorado with
the purpose of improving “blighted” properties.
Colorado law empowers urban renewal
authorities (URAs) and downtown development
authorities (DDAs) to use TIF to incentivize
redevelopment projects. TIF allows a
developer to use sales or property taxes
collected from a project to pay expenses or
debt related to the project, with the expectation
that revitalization of the surrounding area will
improve the local economy and increase future
tax revenue for local governments.
TIF and school finance.By allowing local
property tax revenue to be used to cover
redevelopment expenses, TIF diverts money
away from traditional uses such as funding the
local share of K-12 education. Thus, while
assessed values are increasing due to the
redevelopment, local property tax revenue to
school finance may not increase in the short
term, and the state may have to “backfill” the
difference between the actual local share and
what the local share would have been absent
the TIF incentive.
When is local revenue loss the result of
TIF?An important issue in determining the loss
of local revenue due to TIF is whether the
project would have occurred anyway,
independently of the TIF incentive. If the
project would have been built at the same
location without the TIF incentive, the increase
in the state’s obligation can be determined by
multiplying the assessed value of the TIF
property by the relevant mill levy for the local
school district, as the state backfills the lost
revenue on a dollar-for-dollar basis. However,
to the degree these projects occur only
because of the TIF incentive, would not have
occurred at some other location in the state,
and did not divert sales from other locations in
the state, the loss of local revenue, and thus the
increase in the state share for school finance,
would be smaller.
TIF and TABOR. Article X, Section 20 of
the Colorado Constitution (TABOR) imposes
limits on the growth of property tax revenue for
all school districts. For a district at its property
tax revenue limit, additional assessed value
from new development results in a lower mill
levy. Currently, four school districts – Cherry
Creek, Colorado Springs, Harrison, and
Steamboat Springs – are in this position. For
these four districts, the TIF revenue loss may
mean that the district’s mill levy for school
finance drops as a result of the assessed value
increase, but not as much as it would have
absent the TIF.
Colorado
Legislative
Council
Staff ISSUE BRIEF
Room 029, State Capitol, Denver, CO 80203-1784 •303-866-3521 •(FAX) 303-866-3855
http://leg.colorado.gov/lcs
The impact of TIF on the mill levy depends
on the relative magnitude of the TIF to the
increase in assessed value. In FY 2016-17, the
mill levy for three of these four districts did not
fall as much as it would have otherwise.
TIF impacts and the budget stabilization
factor. During the 2010 legislative session, the
General Assembly created a budget
stabilization factor to reduce the state’s school
finance obligation after revenue had fallen
during the recession.1 This factor reduces the
overall funding level for most school districts by
a proportional amount.
By reducing the overall funding obligation
for each district, the budget stabilization factor
also reduces the state’s contribution to school
finance. Since the implementation of this
factor, K-12 eduction is funded to a level
selected by the General Assembly. In
FY 2017-18, the value of the budget
stabilization factor was set at $828.3 million,
which reduced each school district’s total
funding by 11.10 percent.
How has TIF reduced the local share
historically?Since the implementation of the
budget stabilization factor through FY 2016-17,
the number of districts employing a TIF
incentive and the total impact on both the local
and state shares from TIF has grown.
Specifically, the number of districts employing a
TIF incentive has increased from 34 to 41.
Concurrently, the potential reduction in the local
share from TIF has grown from nearly
$41 million to just over $59 million, while the
increase in the state’s obligation has grown
from nearly $37 million to just over $52 million.
The difference in these totals is the impact of
the budget stabilization factor established by
the General Assembly in those years.
Figure 1 presents these totals over this
historical time period. The dotted line indicates
the number of districts employing a TIF
incentive, while the bars show the maximum
reduction in local share that resulted from TIF
on a statewide basis. The blue portion
1House Bill 10-1369.
represents the actual increase in the state’s
obligation that resulted from TIF while the gold
portion represents the reduction in the state’s
obligation due to the budget stabilization factor.
The gold portions were calculated by applying
the established budget stabilization factor to the
reduction in local share from TIF.
Figure 1
Impact of TIF on Local and State Share
Source: Colorado Department of Education.
Which districts use TIF?Figure 2 shows
the geographic distribution of the school
districts where TIF is employed. The shading
represents the estimated increase in the state’s
K-12 funding obligation because of TIF. The
largest increases are in school districts along
the Front Range, and in mountain resort
communities. Denver has the largest increase
at nearly $26 million, followed by Jefferson
County at nearly $5 million.
Figure 2
Colorado School Districts Employing TIF
Source: Colorado Department of Education.
$0
$10
$20
$30
$40
$50
$60
$70
0
5
10
15
20
25
30
35
40
45
FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17
Mi
l
l
i
o
n
s
Impact of Budget Stabilization
Factor on State Share Increase
Actual Increase in State Share from
TIF Districts
Maximum Loss of Local Share from TIFNumber of
Districts with TIF
970-748-4023 jskinner@avon.org
Page 1 of 12
TO: Honorable Mayor Amy Phillips and Council Members
FROM: Jena Skinner, AICP, Senior Planner
RE: MJR22002 Major Development Plan; Development Bonus Request -
PUBLIC HEARING
DATE: June 13, 2023
PROJECT TYPE: Major Development Plan and Development Bonus
PUBLIC HEARING: Required
LEGAL DESCRIPTION: Lot 3, Mountain Vista Resort
ADDRESS: 140 W Beaver Creek Blvd
ZONING: Town Center (TC)
STAFF REPORT OVERVIEW: This staff report contains an application (“Application”) for consideration by
the Town Council (“Council”), which is a Major Development Plan (“MJR”) with Design Review for a 158-key
hotel complete with one level of below-grade, valet-operated structured parking for patrons that uses
vehicle stackers. Located within the Town Core, this project features a ground-level lobby, accessory
restaurant, bar, hotel support spaces, and 4-levels of hotel guestrooms creating an infill project of 5 levels
above grade. The overall height of the building is approximately 74’ (73’-9”), in conformance with the
allowed building height permitted within the Town Center zone district. On the recommendation of the
Town of Avon and to assist with the current housing shortage challenges, the project will include two (2)
employee workforce housing units reserved for hotel staff located on the ground floor.
Johann Duran-Hunt of the Beck Group (“Applicant”) is representing Lot 3 Mountain Vista, LLC (“Owner”),
who is pursuing the development of the Property and MJR Application. Secondary to this application, the
Applicants are also pursuing the first ever application for a Development Bonus, which will be evaluated by
the Town Council as this project moves forward.
The hotel will be constructed in one (1) phase, as is typical for a development only necessitating a building
permit. Actual construction will include site clearing; garage, foundation, and drainage improvement
installation, with the vertical to follow suit.
Lot 3 was created as part of the Mountain Vista Resort Subdivision, or as it is more familiar, the
Sheraton Mountain Vista (development). Created in 2001 and more recently updated in 2020 by plat,
Lot 3 is directly contiguous to the Sheraton Mountain Vista property (see image, next page). The
existing bus stop for the Sheraton on W Beaver Creek Blvd will remain in the same location.
DEVELOPMENT BONUS: As part of this infill development, it will be necessary for the Applicants to
maximize development on this linear site to the greatest extent possible for this project to pencil out. While
largely in compliance with the AMC standards of design and development, two (2) elements will need to
flex to make this project work: onsite parking space numbers (they are currently offering less defined
spaces than required), and encroachment into setbacks (a portion of the building on the south and
west/Sheraton side goes into the setbacks. The Development Bonus will be evaluated, and action taken by
the Town Council in addition to the MJR. Should the Town Council support the requested Development
Bonus, the approval will be memorialized through a Record of Decision.
PZC REVIEW: The proposed Subdivision Preliminary Plan and Final Plat application was examined by
PZC on April 18, 2023. The PZC was generally in favor of the layout and design of the projects; however,
wished to convey to the Town Council their concerns for the pedestrian connection on the south end of the
project. For the Development Bonus, they felt the setback variations were acceptable as the largest
970-748-4023 jskinner@avon.org
Page 2 of 12
encroachment would be underground and on the second level (please see Staff Report section
“Development Bonus” for more discussion regarding setbacks).
The PZC recommended approval of the Major Development Plan (MJR22002) review that included design
analysis of building materials, the landscaping plan, building heights, lighting and layout of the hotel. Staff
has attached design plans to this report for what is being requested with this application.
PROPERTY DESCRIPTION: The subject property is one of the few vacant lots left in Town Center, slated
for development. Originally part of the retired PUD created by the Sheraton Mountain Vista Resort
development, this property was rezoned by the Town to Town Center. This property has been used as a
pedestrian pathway and perceived as a pocket park for many years. As such, the COUNCIL Zone District
standards as found within the Avon Municipal Code will govern the design of this project.
PROCESS: Major Development Review applications are reviewed by Planning and Zoning Commission.
For this project, Town Council will also review this application as required by Section 7.16.080(e), which
requires Town Council approval for development within the Town Core. Additionally, Town Council will
evaluate the Development Bonus request, which is also necessary for this project. Planning and Zoning
Commission has provided a recommendation of approval with conditions to Town Council for this project.
Property Address:
0140 W Beaver
Creek Blvd.
Property Zoning:
Town Center
970-748-4023 jskinner@avon.org
Page 3 of 12
PUBLIC NOTIFICATION & COMMENTS:
Notice of the public hearing was published in the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon
Development Code (ADC). Mailed notice is not required for this application.
PLANNING ANALYSIS
Lot Coverage and Setbacks: This project achieves conformance with lot coverage limitations. There are
minimal encroachments underground, and on levels 2-5, but none on the ground level.
Table 7.20-9 Dimensions for the Town Center District
Min. Lot
Size (acres
or sq. ft.)
Min. Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min. Front
Setback
(feet)
Min. Side
Setback
(feet)
Min. Rear
Setback
(feet)
Max.
Building
Height (feet)
n/a n/a 50 20 0 [1, 4] 7.5 [2] 10 [3] 80
[1] Infill development shall match the smallest setback of existing, adjacent structures.
[2] COUNCIL abutting a residential district shall match the side yard setback standards of that district. (N/A)
[3] When abutting a public street, alley or public right-of-way. The rear setback for COUNCIL abutting a residential district
shall be 20 feet, regardless of the location of any street, alley or ROW. (N/A)
[4] Nonresidential development that incorporates public space such as a plaza or courtyard into the building design may
increase the front setback by up to 20 feet to accommodate that area up to 40% of the front building line. (N/A)
Project Development Summary:
AMC PROVIDED
Lot Sized in square feet and acres N/a 47,916 SF/ 1.1 ACRES
Setbacks:
North (West Beaver Creek Road) - FRONT 0’ 0+ – 10+ FT
East (Sheraton) - SIDE 7.5’ *Min. 3.5+ FT
South (Town Hall) - SIDE 7.5’ *Min. 3.5+ FT
West (Mikaela Way) - REAR 10’ Min 7.5+ FT
Building Height:
Feet Max: 80’ 73'-9" FT
Story N/a 5
Site Coverage (Primary and Accessory Structures) 50% 46% or 22,010 SF
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION 4/18/2023
TOWN COUNCIL PUBLIC HEARING 5/13/2023
TOWN COUNCIL RECORD OF DECISION
970-748-4023 jskinner@avon.org
Page 4 of 12
Exhibit: Proposed Development Bonus Encroachments
*Using the Development Bonus ability will provide relief from the setbacks requirements for this
project. Staff supports this request.
Use: Pursuant to Section 7.24.010 Table Of Allowed Uses, “Accommodation” is a permitted use within the
Town Center Zoning.
Inclusionary Zoning: The Application is not subject to Employee Housing mitigation standards outlined in
Avon Development Code Section 7.20.100, as this lot was once included and evaluated for this
requirement as part of the Sheraton Mountain Vista Resort development. As the original project provided
many onsite employee housing units, Lot 3 is not required to offer additional units. Knowing the difficulty of
finding qualified employees in our area, Staff suggested the Applicants consider providing onsite units
regardless of any fulfilled requirements. Also recognizing this need, the Applicants responded favorably to
this suggestion and will provide two (2) dedicated employee housing units on Level 1 to support this
business directly.
Building Height: The maximum building height permitted for this property is 80 feet, and the designs
adhere to this limitation. The height must be verified during the building process with foundation and
framing Improvement Location Certificates (ILC).
Parking: The proposed parking garage will be able to accommodate the zoning requirements for parking
with one vehicle per accommodation unit; however, not through conventional means. The Applicants
propose lowering the number of dedicated parking spaces through a valet-parking system. As this is a
unique parking management method (not recognized in the AMC), Staff requested additional information
supporting this use and validating the Applicant’s proposed design.
970-748-4023 jskinner@avon.org
Page 5 of 12
In response to this request, the Applicant is proposing a valet parking system which allows them to
establish and use the number of parking space presented (see attached parking study).
Per the Applicant:
As described in previous conversations, ownership has several similar hotel properties in operation
with parking spaces provided less than one space per guestroom and still has excess parking spaces
available. Because this property is planned to be a valet-only parking operation, we have engaged the
parking valet service provider Propark Mobility to assist with a valet parking plan at maximum capacity.
Please see attached letter and plans that clarify with valet operation that not only is 1 space per
guestroom achievable, but at max operation, we can park in excess of 1 space per guestroom.
As mentioned above, the project includes valet/garage parking that expects to meet the proposed formula
for onsite parking; however, they are “short” actual parking spaces per the required code (by 44 spaces).
The issue is that while the proposed layout is short physical, delineated parking spaces, using a valet
system that double parks vehicles within the garage, they conform to the AMC requirement of 1 vehicle per
accommodation unit. The Development Bonus is necessary for flexing the parking requirement because the
AMC does not recognize the use of a valet-style parking management system; the Applicants are
requesting relief through the Development Bonus provisions for the proposed 114 parking space allocation
versus offering 158 physical spaces.
During the Staff’s review of this project, we looked at our code requirements and that of Vail, also
considered a town with significant hospitality uses (Vail and Avon being the top hospitality towns within
Eagle County), along with the requirements of Beaver Creek and Breckenridge. The Town of Vail
standards require 0.7 spaces per accommodation unit. When this requirement is applied, the need would
be 111 parking spaces, which aligns with what the Applicants have proposed. Beaver Creek requires 0.5
spaces per unit, while Breck requires 1.1.
The variations in parking requirements indicate to Staff that parking is specific to location within each town
or development. When coupled with other factors like Avon’s walkability factor, access to amenities (ski
resorts), public transportation, the availability of private shuttles/taxis/Uber drivers, and the upcoming RTA
bus service between Vail and Avon, Staff does not disagree that a reduction in actual parking spaces using
the proposed valet parking management system is supportable for this project.
4-Sided Design: The side and rear elevations of all structures include equal care and quality as compared
to the front of the buildings. Staff is not concerned with the hotel not meeting 4-sided design requirements.
Compatible Design: The design of this hotel is akin to other resort designs including an enclosed pool
area and exterior patios; very similar to the neighboring Sheraton. Staff feel this design will meet the
expectations of guests.
970-748-4023 jskinner@avon.org
Page 6 of 12
Scale and Massing: Based on the design of the building and it’s use of articulated facades and roof lines,
coupled with the close compatibility and design of the adjacent Sheraton, Staff feels that stepping this
building back in relation to the surrounding development, is not necessary given the distance from W
Beaver Creek Blvd. on the north, and the separation from the Sheraton on the west. There is no
justification for requiring terracing given the size and mass of this proposed hotel.
Snow Storage: Snow storage will be nil, as most of the exterior surface areas will be heated. The goal for
offsite snow removal will be to utilize the heated areas to “remove” snow from contiguous/existing
sidewalks.
DESIGN STANDARDS ANALYSIS:
GENERAL
Landscaping: Landscape plans are included in the attached packet. The landscape plan meets the
minimum requirements and utilizes drip for all disturbed areas, which is supported by the recently updated
landscaping requirements.
Fences: Section 7.28.080(2) has specific fencing requirements that require, “…architectural compatibility
with the style, materials and colors of the principal buildings on the same lot.” Onsite perimeter fencing will
be used, as is typical for a resort hotel, to secure and define the resort boundary. The fence and all
handrails etc., shall be decorative metal, a material supported by this section.
Building Design, Building Materials and Colors: The proposed materials include a combination of rock
veneer accents, square metal panels, composite paneling (masonry), and wood-look siding/trim, with timber
and other structural accents. Avon Development Code Section 7.28.090(c)(3), Building Materials, requires
the use of “high quality, durable building materials”, and “preferred materials reflect the Town’s sub-alpine
character such as native stone, wood siding, masonry or timbers.” All of these materials are considered with
this design, and Staff feels this design is compatible with other buildings in the vicinity. The colors meet
Light Reflective Value (LRV) standards and are all earth tone. These materials are very similar to those
used at Frontgate, the Westin, and the Wyndham. See attached renderings - page 23 of 30 of the Applicant
materials.
The PZC at the April 18th, 2023, meeting requested the Applicants provide a materials board, similar to what
Frontgate was also required to provide. This has been captured as a condition of this report.
Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec. 7.28.090(c)
(4) Roofs. While Staff feels the roof design meets the intention of this section, there is a secondary provision
in Section 7.28.090(j)(ix) that discourages flatter roofs. The proposed metal roof (eaves) at the street level
appears to be slightly sloping for drainage, but not pitched to the degree that pedestrians are under the
threat of having snow drop or slide onto the sidewalk. On the top level, the roof is “articulated” or broken up
using architectural accents that break up both the building façade, extending beyond the roofline. As such,
the proposed design is not singular or monotonous, and provides an acceptable visual appeal overall.
Exterior Lighting: The exterior light fixture selected for the project is predominantly down cast, modern
fixture style and in compliance with the Outdoor Lighting Ordinance and Section 15.30.040. All wall mount
lights consist of full cutoff fixture or downcast fixtures engineered to minimize light glare upward into the
970-748-4023 jskinner@avon.org
Page 7 of 12
night sky. Around the pool area, there are several ground mounted decorative lights in and around the
proposed landscaping boulders. These will have to be very carefully placed to ensure safety and minimize
glare from those looking down on the site from higher elevations. The only concern to Staff is the interior
garage lights and any corridor lighting that may be seen externally through corridor windows. Currently, the
internal garage lights (see below) are not downcast, and this light may spill out or cause glare to neighboring
property to the east. Staff recommends this be a consideration for the Applicant. All windows that are lit
from corridor lighting need to be glazed or tinted to prevent glare.
The Applicant lighting plan and full fixture inventory can be found on pages 24-30 of
the attachment.
7.28.090(J) MIXED-USE AND NONRESIDENTIAL DESIGN STANDARDS
Building Layout and Design: The design and layout of this structure are similar in their design to that of the
Westin and the Sheraton. Shared spaces are dedicated/limited to hotel guests.
The design of this structure generally conforms to Section 7.28.090(j)(1) Purpose; however, as this project
limits pedestrian connections, it only partially embraces the expectations of the AMC and design standards
for a nonresidential (commercial) project.
Ideally, this project would replace the connections that Avon has been accustomed to over the years by -
providing a pedestrian pathway from W Beaver Creek Blvd through the site to Town Hall or the pedestrian
mall. However, this site is relatively linear and narrow. Lot 3 also must utilize shared access with Lot B
along the entirety of the east property line, making a separated pathway difficult between this project and
Lot B and the Avon Center. While Patrons may exit the site onto Mikaela Way from the pool area, having
this as the only exit on the south side creates a much longer travel route for people heading towards
Lettuce Shed Lane and the Transportation Center. As designed, pedestrians must travel west and around
Town Hall to get to public transportation or the Westin and gondola to Beaver Creek to the east, an
important amenity.
While Staff believes that the scale is appropriate and is compatible with the neighboring Sheraton and with
the provisions of the design section (outside of minimum parking standards and setbacks, to be considered
acceptable via the Development Bonus application), according to Section 7.28.090(j)(4), Building design
shall be appropriate to the site and a positive element in the architectural character of Avon. Without
prescribing a specific architectural style or organization, buildings should provide a sense of proportion and
visual balance. New development in Town Core shall maintain a high interaction between pedestrians and
the activities inside the buildings at ground level. Staff recommends that exits onto neighboring properties
on all sides of the building are provided for safety reasons (egress in an emergency) and access to the rec
center. Staff recommends that the Applicants provide a southern, onsite connection from Lot 3 to the Town
Hall property at a minimum. This direct connection avoids vehicle-pedestrian conflicts along the access
drive on the east side. It creates the shortest path to the pedestrian mall going east- an added benefit for
visitors. For this reason, the proposed pedestrian connection on Lot B is not sufficient in its design, as
presented (see attachment). Relying on Lot B (for which there is no entitlement) for this pathway does not
work as a proposed pedestrian linkage. While Staff understands there are significant grade challenges
between the Town Hall site and Lot 3, a direct connection to the Town Hall Site may be necessary. Staff
recommends a collaborative review of the two properties transpire.
970-748-4023 jskinner@avon.org
Page 8 of 12
Storefronts and Pedestrian Entrances. The
front of this building is partially obscured by the
existing bus stop, rendering the majority of this
frontage as not conducive for retail. Areas around
the bus stop and along the remaining building
frontage will be landscaped. As the actual
doorway entrance to the project is on the east side
of this narrow building frontage, windows will
break up the first level of the structure.
MAJOR DEVELOPMENT PLAN - CRITERIA: § 7.16.080(g), Development Plan
1. Evidence of substantial compliance with the purpose of the Development Code as specified in
§7.04.030, Purposes;
Staff Response: The application generally complies with the applicable purpose statements outlined
in the Development Code. Purpose (l) states, “Promote architectural design which is compatible,
functional, practical and complimentary checking to Avon's sub-alpine environment”. The “mountain
modern aesthetic” architecture is compatible with other hotel developments like the Westin and the
Wyndham that use similar materials like stone, wood-like siding, as well as metal and timber accents.
2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan
documents;
Staff Response: The site is located in the Town Core District (District 1 of the Comprehensive Plan),
which states, “The Town Center District serves as the heart of the community. A mix of lodging,
residential, government services, civic facilities, and commercial uses complement social, cultural,
political, and recreational gatherings in the District. It provides a diversity of land uses in vertically
mixed-use buildings to be the common ground between full-time residents, part-time residents, and
destination guests. The Town Center District will continue as the primary focus for mixed use,
pedestrian-oriented residential and lodging development within the Town. The size of the parcels
provides an opportunity for a variety of redevelopment opportunities. Avon should encourage
redevelopment opportunities when they provide community benefit, improve street patterns, and
create more direct pedestrian walkways and bike paths.”
Bus
Stop
This view looks north from
Town Hall.
Lot B would be to the right.
You can see the grade
changes between grade
and the first level.
970-748-4023 jskinner@avon.org
Page 9 of 12
While the planning principles listed for District 1 target a mix of residential and lodging, staff still has a
lingering concern regarding the sufficiency of the proposed pedestrian connections as part of this use.
While there will be opportunities for connections through Lot B, the timing on that is unknown;
currently it is not pedestrian friendly and is a large parking lot. Additionally, other adopted plans like
the 2015 Urban Renewal Area Plan and the proposed La Zona plan also anticipates pedestrian
connections associated with new development in this area.
The use itself (accommodation), along with the proposed architectural design is compatible within the
Avon Town Core, and this development meets the intention of the Comprehensive Plan. Staff feels
there is still an opportunity to work with the Applicants and resolve the pedestrian issue as the project
moves forward and as such, should not hold up this application.
3. Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as
applicable;
Staff Response: The Application reflects the intention of the Mountain Vista Subdivision. This project
will be implementing the intended shared access with Lot B and is offering an additional 2-employee
housing units regardless that Lot 3 is not required to offer onsite employee housing per the previous
approval. As such, Staff feels that this project is consistent with the intention of the original approvals.
4. Compliance with all applicable development and design standards set forth in this Code,
including but not limited to the provisions in Chapter 7.20, Zone Districts and Official
Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards;
Staff Response: In using the Development Bonus provisions, the application demonstrates
compliance with Chapter 7.20, Zone Districts and all applicable use standards from Chapter 7.24.
5. That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services; and
Staff Response: The Engineering Department is working on all technical aspects of this project with
the Applicants. Water has been approved for this site as part of the Mountain Vista Resort Development
Agreement.
6. The development design conforms with the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a whole.
Staff Response: Community character refers to the distinct identity of a place; the collective
impression a neighborhood or town makes on residents and visitors. The Property is located in the
Town Core, where developments like this hotel, are appropriate. The overall character of this
development is consistent with other architectural statements of similar developments in incorporating
articulated building facades, and other design elements like finished building materials, height, and
intensity of use.
970-748-4023 jskinner@avon.org
Page 10 of 12
GENERAL REVIEW CRITERIA: §7.16.010(f)(1), General Criteria
Criteria is applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be the Director when the Director has the
authority to administratively approve a development application. The reviewing authority
shall be the PZC and/or Town Council for all development applications which are subject to
public hearing. The reviewing authority shall review development applications for compliance
with all relevant standards and criteria as set forth in the specific procedures for the
particular application in this Development Code, as well as the following general criteria
which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: This application is complete. Staff believes sufficient information exists to allow both
the Town Council to analyze this application using the review criteria as found within the AMC. Staff
finds that this application complies with the Avon Comprehensive Plan, and this project will not impact
demands for public services or infrastructure.
DEVELOPMENT BONUS CRITERIA § 7.16.170(a) Development Bonus Review Criteria
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.
(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.
Staff Response: In approving the requested deviations for the proposed setback standards, there will
be no noticeable impact on neighboring properties. Due to the narrowness of the site, there is no room
for onsite parking without the use of an integrated parking garage. Permitting the maximization of
developable area maximizes the economic return for the hotel, which allows them the ability to include
underground parking and not need to utilize or compete with public, on street parking – especially when
events are happening at Nottingham Park.
(2) Mitigation of impacts. If impacts are presented by the requested development bonus, they should
be mitigated 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.
970-748-4023 jskinner@avon.org
Page 11 of 12
Staff Response: The PZC was concerned that the Applicant was not providing sufficient public
improvements for the requested Development Bonus. The PZC felt that additional thought and design
should be applied to pedestrian improvements from this site to the pedestrian mall. While there are
internal pedestrian pathways proposed, no offsite improvements are being offered by the Applicant;
however, they are in agreement that a pedestrian connection would be valuable to their proposed use.
As such, Staff recommends that the Town Council direct Staff to reevaluate how the Town Hall
property and Lot 3 integrate. This is especially important as currently there are Town improvements
that encroach on their property. This encroachment will have to be reconciled should this project get
approval. Staff considers this as an opportunity for Council to become involved in how our building and
property integrate with this infill development. The same will also be important should the neighboring
Lot B of the Avon Center be redeveloped.
(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.
Staff Response: Many of the suggested opportunities in this criterium would not apply for the Applicant,
as this site is not directly adjacent to Nottingham Park or other civic-oriented facilities outside of being a
neighbor to Town Hall. This project is being analyzed as a potential economic addition for Avon.
(b) Zoning and Development Standards. Density 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.
Staff Response: The request for a Development Bonus centers on setbacks; however, the
proposed parking design is unique in how the Development Bonus is being applied to this
project. To summarize: the Applicants are proposing a valet parking system where, as
designed, they can meet Avon’s minimum parking standard. This project is unique in that they
are not able to provide the required number of physical parking spaces as is identified in the
AMC , and use of the valet-system/vertical parking lifts are not recognized nor available as an
alternative in the AMC. By using stacked or vertical parking lifts and then double parking
vehicles in front of these lifts, the number of cars parked meets code. This parking
arrangement will become a condition of approval in order to satisfy parking requirements,
unless Town Council agrees to decrease the number of required spaces to meet the physical
space requirement (as a Development Bonus) regardless of a valet system. All other
development standards have been satisfied with this application.
970-748-4023 jskinner@avon.org
Page 12 of 12
OPTIONS:
COUNCIL has the following options:
•Approve the Application, incorporating the findings and conditions as outlined below;
•Approve the Application, with modified findings and conditions;
•Continue the Application to future meeting pending additional details or studies; or,
•Deny the Application after formulating justifiable findings.
RECOMMENDED MOTION: “I move the Town Council Approve Case #MJR22002, an application for
Major Development Plan with a request for a Development Bonus for 0140 W Beaver Creek Road (Lot 3,
Mountain Vista Resort), based on Staff’s findings and including conditions outlined in Staff’s report.”
Conditions:
1.ILCs are required to confirm building height and improvement installation throughout the
construction process.
2.Engineering approval for the site access, snow storage, and drainage shall be required prior to
the issuance of a building permit.
3.The Applicant will continue to coordinate with Staff in looking at pedestrian connections from
the subject property and Town Hall property or to the pedestrian mall through Lot B.
4.Lights in the recessed lighting fixtures shall not create a glare or nuisance from neighboring
property owners. Lower wattages or diffusers are required for these fixtures if glare is
detectable. Further, all windows in lit corridors must be glazed or tinted to prevent glare or any
light being seen from neighboring properties that may be considered nuisance lighting.
5.A physical materials “board” shall be reviewed and approved by PZC before completion of
framing.
6.The valet parking management system proposed by the Applicant shall be an operational
requirement for this development. Modifying this parking system shall first require approval by
the PZC before any operational changes occur, which either eliminates the use of a valet
parking system and or reduces the amount of parking that can be accommodated onsite.
ATTACHMENTS: Attachment A: Application Schematic Design Plans & Parking Study
Attachment B: Draft Development Agreement
Attachment C: Draft Parking Covenant
ATTACHMENT A
PARKING PLAN
Prepared by:
Han Chau, Regional Vice President
Stonebridge
Development
Companies
AVON HOTEL
Partnership with Stonebridge Companies & Propark Mobility
March 06, 2023
Bill Martinic
Vice President of Development
Stonebridge Development Company
bmartinic@resbcos.com
Dear Bill,
It is my pleasure to submit our parking plan for your consideration. I appreciate the opportunity to take a look at how Propark can be an
outstanding parking partner to the Avon Hotel!
I feel strongly that Propark can bring not only value, but a great long-term partnership. The following pages further detail our strategy to
optimize parking spaces under valet parking.
When you combine Propark’s 38+ years of parking experience with my 15+ years in the parking industry, there is no doubt that Propark is the
operator of choice for your hotel. We are the largest employee-owned parking company in the United States; and while our roots began in
commercial parking, we have long since expanded to hospitality, airport parking, transportation, campuses and healthcare.
Bill, I am excited to demonstrate how Propark is the partner of choice for your hotel. Our team is ready to ROCK!
Sincerely,
Han Chau
Regional Vice President
2
Partnership with 6WRQHEULGJH&RPSDQLHV & Propark Mobility
OVERVIEW
DETAIL
TRANSPARENT
COMMUNICATIONS
PARKING SPACE
OPTIMIZATION
WHY PROPARK
TOPIC
LOCAL LEADERSHIP &
SUPPORT
VALET OPERATION
By operating a full-time valet only parking operation, Propark is able to
optimize parking garage VSDFHVWR%DVHOLQH&DSDFLW\DW158 parking
spaces 5RRPWR3DUNLQJ6SDFH5DWLRRI ZLWK3HDN+RXUV3DUNLQJDW
SDUNLQJVSDFHV 5DWLRRI
With former 5-star hotel managers on our team, our training is second-to-
none. Our Valets, Attendants and Bell Staff make certain that the first and last
impression a guest or visitor has, is the best impression. We will evaluate your
existing staff to ensure that all service standards are where they should be.
Parking is what we do. Therefore, we will consult and provide
recommendations based upon our years of experience, bringing additional
revenue to your bottom line and overall improved communication with
your team.
Propark Mobility manages 16 locations and over 225 employees in the state
of Colorado. That means access to an on-demand team ready to support
when needed. We understand how to ensure a successful operation and train
all team members to provide the highest levels of service to you AND your
guests and visitors.
UP
1. REFER TO A12.00.01 THRU A12.01 FOR PARKING STRIPING AND LAYOUT PLANS
2. REFER TO A12.30 FOR PARKING DETAILS AND ADDITIONAL NOTES
3. PAVEMENT MARKINGS;
a. PROVIDE PAVEMENT MARKING AS SHOWN ON TRAFFIC DRAWINGS. DIMENSIONAL INFORMATION IS
PROVIDED ON STRIPING DETAILS.
b. PAVEMENT MARKING CONTRACTOR TO PROVIDE NUMBER AND LOCATION OF PARKING SPACES INDICATED
ON DRAWINGS. ANY DISCREPANCY TO BE BROUGHT TO ATTENTION OF ARCHITECT, IN WRITING, PRIOR TO
INSTALLATION OF PAVEMENT MAKRINGS.
c. PAVEMENT MARKING INSTALLATION TO BE A 2 COAT SYSTEM IF PAINT PRODUCTS ARE USED, NO
EXCEPTIONS.
PARKING AND STRIPING GENERAL NOTES:OVERALL PLAN NOTES:
A. ELEVATION 100'0"= 7458.50'. THIS DATUM IS ESTABLISHED AT THE SOUTH TOWER LEVEL 1
FINISH FLOOR.
B. REFER TO EXTERIOR ELEVATIONS FOR WALL ASSEMBLY AND OPENING DESCRIPTIONS.
C. DIMENSIONS TO PARTITIONS ARE TO FINISHED FACE OF GYP. BD. OR CMU.
D. EXTERIOR DEMENSIONS ARE FROM FACE OF EXTERIOR FINISH, U.N.O.
E. MASONRY DIMENSIONS ARE NOMINAL, U.N.O.
F. REFER TO A.00 THROUGH A.0 FOR REFLECTED CEILING PLANS.
G. REFER TO G0.02 TRHOUGH G0.0 FOR PARTITIONS, PARTITION DETAILS AND ALL HORI=ONTAL
DUCT ENCLOSURES.
H. REFER TO A0.XX FOR TYPICAL MOUNTING HEIGHTS.
I. REFER TO A11.00 SHEETS FOR FLOOR FINISH LIMITS AND ARCHITECTURAL SIGNAGE
LOCATIONS.
-. BLOCKING SHALL BE RE4UIRED IN ALL BATHROOMS PER ANSI 11.1, CHAPTER .
K. COMPLY WITH F.A.A. RE4UIREMENTS FOR OBSTRUCTION MARING AND LIGHTING.
L. FF E LAYOUT SHOWN FOR REFERENCE ONLY, RE ID DRAWINGS.
M. REFER TO AX.XX FOR OVERALL AND ACCESSIBLE GUEST ROOM MIX.
N. REFER TO SHEET A2.0 FOR ALL ROOF TYPE CALLOUTS.
O. WHERE GUEST ROOMS ARE IDENTIFIED WITH COMMUNICATION FEATURES INSTALL A VISUAL
NOTIFICATION TO ALERT ROOM OCCUPANTS OF INCOMING TELEPHONE CALLS AND A DOOR
KNOCK OR BELL. NOTIFICATION DEVICES SHALL NO BE CONNECTED TO A VISIBLE ALARM
SIGNAL APPLIANCE. PROVIDE AT LEAST ONE PHONE WITH A VISUAL NOTIFICATION AND
VOLUME CONTROLL IN EACH GUESTROOM.
P. TYP. ALL OF MEETING ROOMS, CORRIDORS, PREFUNCTION, AND ANY OTHER PUBLIC AREA
ANY WALL MOUNTED DEVICE SHALL NOT PROTRUDE MORE THAN MAX FROM WALL UNLESS
A BARRIER IS INSTALLED BELOW.
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PARKING LIFTS E4. TO
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-OB NO.SHEET
SUBMISSIONDATE
,1&203/(7('2&80(176
)25,17(5,05(9,(:
21/<127)25
5(*8/$725<$33529$/
3(50,725&216758&7,21
ARCHITECT
SEAL
CURRENT
SUBMISSION 0 DHVLJQ DHYHORSPHQW
A2.0013 3
LEVEL P1 FLOOR
PLAN
AVON HOTEL
ARCHITECT NAME
STATE REGISTRATION
STATE REGISTRATION
PARKING BY SI=E
LEVEL TYPE QTY
LEVEL P1 AS 0
LEVEL P1 P
LEVEL P1 S 1
LEVEL P1 VAN ACCESSIBLE 0
ACCESS X1
1
LEVEL P1 VAN ACCESSIBLE
ACCESS X1
1
11
TOTAL PARKING 1111
BECK ARCHITECTURE
1001 1TH STREET
SUITE PL100
DENVER, CO 0202
PH 303
FAX 303
WWW.BECKARCHITECTURE.COM
3URMHFW
1RUWK
7UXH
1RUWK
PLAN KEYNOTES
#KEYNOTE DESCRIPTION
1 VENEER DECORATIVE STONE OVER CONCRETE STRUCTURAL COLUMN, WITH ACCENT DOWN LIGHTS ABOVE
EACH COLUMN .
2 MOVABLE GLASS WALL SYSTEM, EXTERIOR INSULATED, DARK BRON=E FINISH, WITH EGRESS DOOR PANEL,
E4UAL TO NANA WALL SYSTEMS
3 PASSENGER AND SERVICE ELEVATOR, WITH REARD DOOR ACTIVE ON LEVEL 1 SERVICE ENTRY 30 FPM W
STRETCHER ACCESS, PREMIUM CAB FINISH AND HOOKS ABOVE FOR PADDED WALL PROTECTION, DARK
BRON=E DOORS INTERIOR AND EXTERIOR LEVELS 1
PASSENGER ELEVATOR, 30 FPM W STRETCHER ACCESS, PREMIUM CAB FINISH, DARK BRON=E DOORS
INTERIOR AND EXTERIOR LEVELS 1
2 3[
HIGH FULLY RECESSED POCKET DOORS, NO EXPOSED HARDWARE, WITH MAG HOLD OPENS, E4. TO
TOTAL DOOR SYSTEM. WIRE INTO F.A. SYSTEM
PROVIDE TOPPING SLAB TO LEVEL FLOOR IN ROOM.
INDOOR GAS FIREPLACE, RE ID
10 INDOOROUTDOOR GAS FIREPLACE, RE ID
11 HYDRATION STATION NOOK, UNDER COUNTER ICE STORAGE, TRASH RECEIPITAL, FILTER WATER NO==EL AND
SPARKLING WATER DISPENSOR BASE CABINETS AND OPEN SHELVE STORAGE
1 1
0A2.001 FLOOR PLANLEVEL P1
A0022 CRQcHSW DHVLJQ
B0122 ScKHPaWLc DHVLJQ
D120 22 0 DHVLJQ DHYHORSPHQW
VALET PARKING FULY STACKED
LEVEL TYPE QTY
LEVEL P1 AS 0
LEVEL P1 P
LEVEL P1 S 1
LEVEL P1 VAN ACCESSIBLE 0
ACCESS X1
1
LEVEL P1 VAN ACCESSIBLE
ACCESS X1
1
TOTAL PARKING 11
LEVEL P1 AISLE DOUBLE PARKED
BaVHOLQH PaUNLQJ POaQ 1 VHKLcOHV
ADD GLASS/
VESTIBULE
LEVEL P1 AISLE DOUBLE PARKED
BaVHOLQH PaUNLQJ POaQ 1 VHKLcOHV
TOTAAAL PARKING 11
UP
1. REFER TO A12.00.01 THRU A12.01 FOR PARKING STRIPING AND LAYOUT PLANS
2. REFER TO A12.30 FOR PARKING DETAILS AND ADDITIONAL NOTES
3. PAVEMENT MARKINGS;
a. PROVIDE PAVEMENT MARKING AS SHOWN ON TRAFFIC DRAWINGS. DIMENSIONAL INFORMATION IS
PROVIDED ON STRIPING DETAILS.
b. PAVEMENT MARKING CONTRACTOR TO PROVIDE NUMBER AND LOCATION OF PARKING SPACES INDICATED
ON DRAWINGS. ANY DISCREPANCY TO BE BROUGHT TO ATTENTION OF ARCHITECT, IN WRITING, PRIOR TO
INSTALLATION OF PAVEMENT MAKRINGS.
c. PAVEMENT MARKING INSTALLATION TO BE A 2 COAT SYSTEM IF PAINT PRODUCTS ARE USED, NO
EXCEPTIONS.
PARKING AND STRIPING GENERAL NOTES:OVERALL PLAN NOTES:
A. ELEVATION 100'0"= 7458.50'. THIS DATUM IS ESTABLISHED AT THE SOUTH TOWER LEVEL 1
FINISH FLOOR.
B. REFER TO EXTERIOR ELEVATIONS FOR WALL ASSEMBLY AND OPENING DESCRIPTIONS.
C. DIMENSIONS TO PARTITIONS ARE TO FINISHED FACE OF GYP. BD. OR CMU.
D. EXTERIOR DEMENSIONS ARE FROM FACE OF EXTERIOR FINISH, U.N.O.
E. MASONRY DIMENSIONS ARE NOMINAL, U.N.O.
F. REFER TO A.00 THROUGH A.0 FOR REFLECTED CEILING PLANS.
G. REFER TO G0.02 TRHOUGH G0.0 FOR PARTITIONS, PARTITION DETAILS AND ALL HORI=ONTAL
DUCT ENCLOSURES.
H. REFER TO A0.XX FOR TYPICAL MOUNTING HEIGHTS.
I. REFER TO A11.00 SHEETS FOR FLOOR FINISH LIMITS AND ARCHITECTURAL SIGNAGE
LOCATIONS.
-. BLOCKING SHALL BE RE4UIRED IN ALL BATHROOMS PER ANSI 11.1, CHAPTER .
K. COMPLY WITH F.A.A. RE4UIREMENTS FOR OBSTRUCTION MARING AND LIGHTING.
L. FF E LAYOUT SHOWN FOR REFERENCE ONLY, RE ID DRAWINGS.
M. REFER TO AX.XX FOR OVERALL AND ACCESSIBLE GUEST ROOM MIX.
N. REFER TO SHEET A2.0 FOR ALL ROOF TYPE CALLOUTS.
O. WHERE GUEST ROOMS ARE IDENTIFIED WITH COMMUNICATION FEATURES INSTALL A VISUAL
NOTIFICATION TO ALERT ROOM OCCUPANTS OF INCOMING TELEPHONE CALLS AND A DOOR
KNOCK OR BELL. NOTIFICATION DEVICES SHALL NO BE CONNECTED TO A VISIBLE ALARM
SIGNAL APPLIANCE. PROVIDE AT LEAST ONE PHONE WITH A VISUAL NOTIFICATION AND
VOLUME CONTROLL IN EACH GUESTROOM.
P. TYP. ALL OF MEETING ROOMS, CORRIDORS, PREFUNCTION, AND ANY OTHER PUBLIC AREA
ANY WALL MOUNTED DEVICE SHALL NOT PROTRUDE MORE THAN MAX FROM WALL UNLESS
A BARRIER IS INSTALLED BELOW.
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PARKING LIFTS E4. TO
HARDING STEEL 2T, TYP.
MANHOLE ACCESS TO
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MANHOLE ACCESS TO
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FLATWORK ON GRADE
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PARKING LIFTS E4. TO
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PARKING LIFTS E4. TO
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PARKING LIFTS E4. TO
HARDING STEEL 2T, TYP.
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-OB NO.SHEET
SUBMISSIONDATE
,1&203/(7('2&80(176
)25,17(5,05(9,(:
21/<127)25
5(*8/$725<$33529$/
3(50,725&216758&7,21
ARCHITECT
SEAL
CURRENT
SUBMISSION 0 DHVLJQ DHYHORSPHQW
A2.0013 3
LEVEL P1 FLOOR
PLAN
AVON HOTEL
ARCHITECT NAME
STATE REGISTRATION
STATE REGISTRATION
PARKING BY SI=E
LEVEL TYPE QTY
LEVEL P1 AS 0
LEVEL P1 P
LEVEL P1 S 1
LEVEL P1 VAN ACCESSIBLE 0
ACCESS X1
1
LEVEL P1 VAN ACCESSIBLE
ACCESS X1
1
11
TOTAL PARKING 1111
BECK ARCHITECTURE
1001 1TH STREET
SUITE PL100
DENVER, CO 0202
PH 303
FAX 303
WWW.BECKARCHITECTURE.COM
3URMHFW
1RUWK
7UXH
1RUWK
PLAN KEYNOTES
#KEYNOTE DESCRIPTION
1 VENEER DECORATIVE STONE OVER CONCRETE STRUCTURAL COLUMN, WITH ACCENT DOWN LIGHTS ABOVE
EACH COLUMN .
2 MOVABLE GLASS WALL SYSTEM, EXTERIOR INSULATED, DARK BRON=E FINISH, WITH EGRESS DOOR PANEL,
E4UAL TO NANA WALL SYSTEMS
3 PASSENGER AND SERVICE ELEVATOR, WITH REARD DOOR ACTIVE ON LEVEL 1 SERVICE ENTRY 30 FPM W
STRETCHER ACCESS, PREMIUM CAB FINISH AND HOOKS ABOVE FOR PADDED WALL PROTECTION, DARK
BRON=E DOORS INTERIOR AND EXTERIOR LEVELS 1
PASSENGER ELEVATOR, 30 FPM W STRETCHER ACCESS, PREMIUM CAB FINISH, DARK BRON=E DOORS
INTERIOR AND EXTERIOR LEVELS 1
2 3[
HIGH FULLY RECESSED POCKET DOORS, NO EXPOSED HARDWARE, WITH MAG HOLD OPENS, E4. TO
TOTAL DOOR SYSTEM. WIRE INTO F.A. SYSTEM
PROVIDE TOPPING SLAB TO LEVEL FLOOR IN ROOM.
INDOOR GAS FIREPLACE, RE ID
10 INDOOROUTDOOR GAS FIREPLACE, RE ID
11 HYDRATION STATION NOOK, UNDER COUNTER ICE STORAGE, TRASH RECEIPITAL, FILTER WATER NO==EL AND
SPARKLING WATER DISPENSOR BASE CABINETS AND OPEN SHELVE STORAGE
1 1
0A2.001 FLOOR PLANLEVEL P1
A0022 CRQcHSW DHVLJQ
B0122 ScKHPaWLc DHVLJQ
D120 22 0 DHVLJQ DHYHORSPHQW
VALET PARKING FULY STACKED
LEVEL TYPE QTY
LEVEL P1 AS 0
LEVEL P1 P
LEVEL P1 S 1
LEVEL P1 VAN ACCESSIBLE 0
ACCESS X1
1
LEVEL P1 VAN ACCESSIBLE
ACCESS X1
1
TOTAL PARKING 11
LEVEL P1 AISLE DOUBLE PARKED
PHaN HRXUV PaUNLQJ POaQ 1 VHKLcOHV
ADD GLASS/
VESTIBULE
LEVEL P1 AISLE DOUBLE PARKED
1TOTAAAL PARKING 1
PHaN HRXUV PaUNLQJ POaQ 1 VHKLcOHV
Partnership with Stonebridge Companies & Propark Mobility
5
*NPS scores are made on a scale of -100 to 100, putting Propark in the
upper quarter of service.
Other industry leader scores were found at
https://www.satmetrix.com/2019-us-consumer-benchmarks/
HOW WE RATE ABOUT US
ϰϯϬϬ
Partnership with Stonebridge Companies & Propark Mobility
PREMIUM SERVICE STARTS WITH PREMIUM TRAINING
We empower our Parking People with premium training and individual development to promote friendly and consistent levels of
service excellence throughout our organization. Each position at Propark is held by “the right person for the job”; we provide
our parking people with room for personal growth and career advancement as is evident in our current roster of Account
Managers and Supervisors who began their careers as distinguished valet attendants.
FIVE-STAR SERVICE EXCELLENCE
We handle every parking arrival like
the front door of a five-star hotel. Our
former luxury hotel professionals know
how to educate our team members to
see things from a guests’
perspective, anticipate and then act.
ATTENTION TO DETAIL
Educating our valets and bell staff
to notice the smallest of details
makes a huge difference in a guest
experience. Noticing the wrinkles
behind pant legs indicating a long
trip, to reading a guest’s desire to
engage in conversation—these
things matter.
SUPERIOR TRAINING
Our training process includes
protocols to ensure the safety of
our employees, our guests and
our clients; seminars on
customer relations, resolving
guest incidents and promoting
empowerment.
VALET TRAINING TRAINING
Partnership with Stonebridge Companies & Propark Mobility
TRAINING & QUALITY CONTROL
8
INTERACTIVE SETUP
We will merge Propark and
your brand standards to
create a customized “Brand
Standard Review (BSR).”
CLARIFY EXPECTATIONS
Teach brand standards and
ensure that all team
members understand
responsibilities and
prioritize action items.
EXECUTE
With expectations and
brand standards clear,
lead the team and
practice what we’ve
learned.
MEASURE & ADJUST
Improve through consistent
evaluation of performance,
teaching our associates, and
making necessary
adjustments.
TRAINING
Partnership with 6WRQHEULGJH&RPSDQLHV & Propark Mobility
TRAINING & QUALITY CONTROL TRAINING
Employees are our most valuable resource. Propark is vested
in the success and growth of each employee, through our
comprehensive training program entitled Propark THINK.
•Created to provide employees with expansive training and
development opportunities
•Educates our staff through an intuitive, cloud-based, one-
stop, collaborative learning environment for leaders and
employees
•Designed to make training and learning opportunities truly
accessible to all employees
•Focused on ease-of-use and a custom user interface that
enhances our culture and value
•All training is hosted through this portal beginning with the
New Employee Orientation and continuing with individual
training courses
•By delivering training via a learning management system
(“LMS”), Propark team members enjoy access to real-time-
learning data and reporting capabilities to track user activity,
progress and engagement.
Click the videos to the right to launch a YouTube learning session
and learn how we do it at Propark.
ATTACHMENT B
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 1 of 15
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of June
____, 2023, (the “Effective Date”) by and between Lot 3 Mountain Vista LLC, a Colorado
limited liability corporation (“Owner”), and the Town of Avon, a home rule municipal
corporation of the State of Colorado (“Town”) (Owner and Town may be referred to individually
as “Party” and collectively as “Parties”), and, as to Article V of this Agreement only, Upper
Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the
State of Colorado (“Authority”).
RECITALS
A. The Owner owns approximately 1.099 acres within the Town that is legally described as:
Lot 3, Mountain Vista Resort Subdivision, according to the Plat
thereof recorded on March 31, 2021 at Reception No. 202109327,
Town of Avon, County of Eagle, State of Colorado
Street address: 140 W Beaver Creek Blvd, Town of Avon, County of Eagle, State of
Colorado (“Property”).
B. The Owner submitted an application to the Town for approval of a Major Development
Plan and Development Bonus application for a hotel project referred to as ____________
(“Application”).
C. After holding a public hearing on April 18, 2023, the Town of Avon Planning and Zoning
Commission recommended approval of the Application.
D. The Application includes a Landscape Plan and Irrigation Plan, which includes a
limited irrigated area and drought tolerant species.
E. The Application includes public improvements that necessitate further review, security,
warranty, and acceptance upon satisfactory completion.
F. Development of the Property in accordance with this Agreement will provide for
orderly growth in accordance with the policy and goals set forth in the Town’s
Comprehensive Plan; ensure reasonable certainty, stability and fairness in the land use
planning process; stimulate economic growth; secure the reasonable investment-backed
expectations of the Owner; foster cooperation between the public and private sectors in
the area of land use planning; and otherwise achieve the goals and purposes of the Town.
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 2 of 15
AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions,
covenants, and mutual promises set forth in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the
Town agree as follows with respect to the development of the Property:
ARTICLE I
DEFINITIONS
The following terms shall have the meanings set forth below unless the context in which they are
used clearly indicates otherwise:
1.1 Development. The project to be constructed on the Property as described in the
Development Plan.
1.2 Development Bonus. [Eric, Matt or Jena can you fill this in]
1.3 Development Plan. The Major Design and Development Plan described and depicted in
the Application that was approved by the Town is made part of the land use approval for
the Development Plan.
1.4 Development Plan Components. The following plan set sheets contained in the
Development Plan are incorporated by reference into and made a part of this Agreement:
Public Property Improvement Map
Landscape Plan & Irrigation Plan
Owner Maintained Public Improvements
1.5 Exhibits. The following Exhibit is to this agreement is incorporated by reference and
made part of this Agreement:
Exhibit A - Parking Covenant
1.6 Landscape & Irrigation Plan. The approved Landscape Plan and Irrigation Plans,
______________of the Development Plan, is made part of the land use approval for the
Development Plan.
1.7 Municipal Code. The Avon Municipal Code, including the Avon Development Code, as
may be amended from time to time.
1.8 Public Improvements. Those improvements to be acquired, constructed, or installed for
the benefit of the public, including, but not limited to, the Public Improvements described
in Article IV and in the Public Property Improvement Map.
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 3 of 15
1.9 Public Property Improvement Map. The approved Public Property Improvement Map,
________________ of the Development Plan, is made part of the land use approval for
the Development Plan.
1.10 ROW. “ROW” shall mean that certain public right of way as described in the
Development Plan.
1.11 Term. The term of this Agreement as provided in Article III.
ARTICLE II
DEVELOPMENT PLAN
2.1 Development Plan. The Development Plan sets forth the approved scope of development
of the Property and has been approved by the Town through action by the Town of Avon
Planning and Zoning Commission and Town Council, including the Development Bonus.
2.2 Compliance with General Regulations. The approval of the Development Plan and this
Agreement shall not preclude the application of Town ordinances and regulations, or
state or federal laws and regulations, which are general in nature and are applicable to all
property subject to land use regulation by the Town, including, but not limited to,
building, exterior energy offset, fire, plumbing, electrical and mechanical codes, as all
such regulations exist on the date of this Agreement or may be enacted or amended after
the date of this Agreement.
ARTICLE III
TERM
3.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and shall continue after construction of the building(s) for so long as the
building(s) which comprises the Development continues to exist and for five (5) years
after such time the building(s) that comprises the Development no longer exist on the
Property. In the event the building(s) which comprises the Development is destroyed by
fire or other calamity and then reconstructed within five (5) years, such reconstructed
building shall be deemed the building(s) that comprises the Development and this
Agreement shall continue in full force and effect until five (5) years after the
reconstructed building no longer exists. The Parties may terminate this Agreement earlier
by mutual agreement.
ARTICLE IV
PUBLIC IMPROVEMENTS
4.1 Public Improvements. The Owner agrees to construct and install the public improvements
set forth in this Agreement (the “Public Improvements”). Such obligations directly
relate to the Application complying with the minimum required development standards
set forth in the Code and are material to the terms, conditions, covenants, and mutual
promises bargained for by Town and the Owner in this Agreement. The Owner shall
install or cause to be installed all Public Improvements that the Owner is required to
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 4 of 15
construct in a good and workmanlike manner in accordance with the applicable
regulations of the Town and applicable Utilities, as defined below, and in accordance
with this Agreement.
(a) Utility Improvements. The Owner agrees to install all utility improvements as
described in the Development Plan.
(b) Drainage Improvements. The Owner shall install drainage improvements for
stormwater control and quality as described in the Development Plan.
(c) Pedestrian Connection. The Owner shall participate in connecting this property to
the Town Hall site, such improvements to be mutually agreed upon with the Town
of Avon to extent of connection.
4.2 Security for Public Improvements. Owner shall post sufficient security to guarantee the
installation, performance, or maintenance of any required Public Improvements, and any
public facilities damaged by Developer during construction of the Development or Public
Improvements. The total amount of required security for Public Improvements for the
Development shall be 125% of the Owner’s engineer’s estimate of the cost to complete
Public Improvements identified on the Public Improvement Map. Security shall be in a
form acceptable to and approved by the Town Manager and Town Attorney. As Public
Improvements are completed, Developer may apply to the Town Manager for release for
all or part of the security.
4.3 Timing of Public Improvements. The Owner shall complete the Public Improvements and
the Town shall have provided written notification of acceptance of the Public
Improvements by the Town (the “Town’s Notification of Acceptance”) on or before the
earlier of (1) date of a certificate of occupancy or temporary certificate of occupancy,
whichever is earlier, for the Development, or (2) within three (3) years of obtaining a
building permit, whichever is earlier. The Owner shall inform the Town of all
construction plans within Town property and within the ROW at least ninety (90) days
prior to the start of construction that is to occur within Town property or the ROW. If the
Owner has not received the Town’s Notification of Acceptance from the Town of all
Public Improvements, the Town may withhold the issuance of a Temporary Certificate of
Occupancy.
4.4 Warranty Period. The Public Improvements constructed and installed by the Owner shall
be warranted to be free from defects in material, workmanship, and quality for a period of
two (2) years after the date of the Town’s Notification of Acceptance (the “Warranty
Period”). In the event of any such defect arising during the Warranty Period, the Town
may require the Owner to correct the defect in material, workmanship, or quality. Ten
percent (10%) of the total actual cost of completion of all Public Improvements to be
installed and constructed by the Owner shall be collected by the Town from the Owner as
security during such two (2) year period as the improvement warranty pursuant to Code §
7.32.100, as may be amended. In the event any corrective work with respect to the
material, workmanship and quality is performed during the Warranty Period then the
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 5 of 15
warranty on said corrected work with respect to the material, workmanship and quality
shall be extended for two (2) years from the date on which it is completed. Security equal
to 125% of the cost of any corrected work with respect to the material, workmanship and
quality, as estimated by the Town, shall be retained by the Town or immediately paid to
the Town by the Owner, if sufficient funds are not held by the Town, in accordance with
Code § 7.32.100, for a period of two (2) years from the date of completion of the
corrected work.
4.5 Engineering Certification. Upon completion of portions of the Public Improvements to be
installed and constructed by the Owner, the Owner will cause its engineers (who shall
have been actively engaged in observing to a commercially reasonable degree the
construction of the Public Improvements and who are licensed in the State of Colorado)
to provide a written opinion. The written opinion shall be in form and content reasonably
satisfactory to the Town’s Engineer, and based upon on-site observation, review of
sufficient construction- observation reports, field test reports, and material test reports
and certifications by qualified personnel, shall opine that the installation of the Public
Improvements, or portions thereof as may be completed from time to time, have been
completed, and that to the best of the opining engineer’s knowledge and professional
judgment, the Public Improvements are in conformance with all Standards (as defined
below), plans, and specifications as submitted to and previously approved by the Town,
or the pertinent utility supplier, as depicted on Sheets _____________of the Development
Plan. Inspection reports, test results, as-constructed plans, including surveys, and other
supporting documentation shall be submitted with the certification. The as-constructed
plans shall be submitted on paper and in a digital format, either AutoCad DWG, AutoCad
DXF, or ESRI GIS shapefile.
4.6 Inspection Procedures. All Public Improvement work shall be done under the published
inspection procedures and standards (collectively, “Standards”) established by the Town,
Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle Regional
Water Authority, Xcel Energy, CenturyLink, Comcast, or any other utility (“Utilities”),
as applicable and shall be subject to the reasonable satisfaction of the Town and
applicable Utilities. No work shall be deemed complete until the reasonable approval and
acceptance of the Public Improvements by the Town or the Utilities. Inspections by the
Town and Utilities shall not relieve the Owner or the Owner’s agents from any
responsibility or obligation to ensure that all work is completed in conformance with all
Standards, plans, and specifications as submitted to and previously approved by the Town
and Utilities.
(a) Cost of Inspections: The cost, if any, of inspections, by Town employees, or an
independent third-party inspector, shall be paid by the Owner.
(b) Notice of Non-Compliance: In the event that the Town, through its inspectors,
reasonably determines that the Public Improvements to be installed and
constructed by the Owner are not in compliance with the Development Plan, it
shall give written notice of such non-compliance (“Notice of Non-Compliance”)
to the Owner. The Notice of Non-Compliance shall include a narrative describing
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 6 of 15
the unsatisfactory construction work with specific reference to the applicable
construction plans and specifications with which the Public Improvements fail to
comply. The Notice of Non- Compliance must be provided to the Owner within
two (2) working days of the date of the inspection.
4.7 Indemnification and Hold Harmless. The Owner shall indemnify, defend and hold
harmless the Town (and its officials, agents, representatives, employees, contractors, and
successors and assigns) from all claims, demands, damages (including, without
limitation, consequential damages), causes of action, fines, penalties, losses, liability,
judgments, costs or expenses (including reasonable attorneys’ fees) resulting from claims
for bodily injury (including death) to any person or damage to any property, arising
during the construction of the Public Improvements or otherwise arising on the Property
or from the Owner’s activities while performing this Agreement (including, without
limitation, maintenance, repair and replacement activities), including without limitation
any claim that all or any portion of the Public Improvements installed and constructed by
the Owner on Town property or ROW constitute a dangerous and/or unsafe condition
within a public right-of-way; provided, however, that this indemnity shall not apply to
any claims, demands, damages (including, without limitation, consequential damages),
causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including
reasonable attorneys’ fees) resulting from any act or omission of the Town or its officials,
agents, representatives, employees, inspectors, including independent third-party
inspectors, contractors, and successors and assigns.
4.8 Insurance. With respect to Owner’s obligation with respect to and/or any claims arising
from the construction or installation of the Public Improvements, all Owner’s or Owner’s
contractor’s insurance policies related in any way to the Public Improvements shall be
endorsed to include the Town and the Town’s officers and employees as additional
insureds/loss payees, applicable within each policy. Every policy covering the Public
Improvements shall be primary insurance, and any insurance carried by the Town, its
officers, or its employees, or carried by or provided through any insurance pool of the
Town, shall be excess and not contributory insurance to that provided by the Owner or
the Owner's contractors. No additional insured endorsement to the policy required herein
shall contain any exclusion for bodily injury or property damage arising from completed
operations. The Owner and its contractor shall be solely responsible for
endorsement/additional insured costs, premiums and deductible losses under any policy
required above.
ARTICLE V
WATER PROVISION, WATER USE AND ENFORCEMENT
5.1 Water Rights/Cash in Lieu Payment. The Property has not been allocated water rights by
the Town and must dedicate water rights to serve ____ Single Family Equivalents (SFEs)
and irrigate ____ acres of landscaped area as required by the Authority or, in the
alternative, the Owner shall pay the Authority cash-in-lieu of a water rights dedication.
The Owner shall provide proof of dedication or of payment of cash-in-lieu of water rights
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 7 of 15
dedication and proof of water system impact fees in the amount of _________ prior to the
issuance of a building permit.
5.2 Indoor Water Usage Limit. The Owner shall adhere to an indoor usage water budget of
no more than _______ gallons per day, per unit, and shall be responsible for managing
use to this limit. Any use in excess of this limit may be subject to an excess use fee as
determined by the Authority and may be subject to penalties and enforcement actions by
the Town.
5.3 Outdoor Water Usage.
(a) The Owner shall install a separate irrigation meter pursuant to Code §
7.28.050(g)(6)(ii)(D). This section establishes a maximum allowable outdoor
water use limit for the development to ensure this Development does not exceed
its outdoor water allocation as established by the Authority’s Water Dedication
Requirement and Water Service Agreement between the Owner and the
Authority. During the first two growing seasons, the Owner and Association shall
not exceed _________ gallons of outdoor water use in any calendar year.
Thereafter, the Owner and Association shall not exceed ________ gallons of
outdoor water use in any calendar year. The following monthly budget is based
upon a total irrigated area of _______ acres or ________ square feet.
(b) Outdoor Water Usage on the Property may be curtailed by the Authority or Town
during periods of low stream flows, and/or during instream flow calls. Once
connected, the Authority and/or Town will monitor water usage of the Property.
5.4 Enforcement.
(a) The Authority, upon determining that the Owner or Association has exceeded the
Water Usage Limits prescribed above in this Article, may provide written notice
by mail or e- mail to the Owner or its successors and assigns of the violation of
this Section and demand that the excessive water usage cease immediately. The
Town, in its sole discretion, may also issue a notice under this Section when it has
been notified by the Authority that there is a violation of this Article.
(b) In the event that the water usage of the Property exceeds the Water Usage Limits
in this Article, the Owner and Association shall be obligated to either reduce its
water usage to within the Water Usage Limits, or, at the Authority’s sole
discretion, pay additional cash in lieu of a water rights dedication fees for the
excess water use. If the Authority, in its sole discretion, does not accept an
additional cash in lieu of water rights dedication fee, the Owner or its successors
and assigns, , shall be obligated to reduce its water use to the Water Usage Limits
in accordance with all remedies set forth in this Agreement.
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 8 of 15
(c) Even if the Owner or Association ceases excessive water usage immediately, the
Authority, in its sole discretion, may impose excess water usage fees on the
Property for the period of excess usage.
(d) Failure to correct excessive outdoor irrigation water use may result in a seven (7)
day Notice of Disconnection, at the sole discretion of the Authority or other
enforcement action commenced by the Authority and/or Town.
(e) The Town has the right, but not the obligation, to enforce the provisions of this
Article and may take such action as permitted or authorized by law, this
Agreement or the ordinances of the Town, as the Town deems necessary to
protect the public health, safety and welfare. Nothing in this Agreement shall be
construed to restrict or limit the Town’s rights to enforce and regulate water usage
as such rules and regulations may be adopted the Town generally.
ARTICLE VI
MAINTENANCE AND ONGOING OBLIGATIONS
6.1 Operations and Maintenance. The Owner understands and acknowledges that those
certain aspects of the maintenance, operation and use of the Development, including
drainage, infrastructure, landscaping, and sidewalks (“Owner Maintained Public
Improvements”), as delineated on Sheets ___________of the Development Plan and
incorporated herein, require maintenance by Owner.
(a) Except in the event such liability arises from the action or omission of Town or its
officials, agents, representatives, employees, inspectors, including independent
third-party inspectors, contractors, and successors and assigns, but without
waiving governmental immunity, the Owner agrees that the Town is not liable,
and will not assume any liability, responsibility, or costs for any damage,
maintenance, or repair of any Owner Maintained Public Improvements erected or
maintained by the Owner under this Agreement.
(b) If the Owner fails to maintain the Owner Maintained Public Improvements, the
Town may perform the necessary maintenance and/or repair, as determined by the
Town in its sole discretion, after providing at least thirty (30) days written notice
to the Owner detailing the necessary maintenance and/or repair. If, after the
remedy period set in the notice, the Owner fails to perform the necessary
maintenance and/or repair, the Town may perform such maintenance and/or
repair. The actual costs of the maintenance and/or repair, together with a fifteen
percent (15%) charge for administration, shall be assessed against the Property.
The Town shall send a notice of assessment to the Owner and upon the expiration
of the thirty (30) period provided in such notice, the costs, including the
administrative charge, shall be a lien upon the Property. If the assessment is not
paid within thirty (30) days of the lien, the Town may impose interest upon such
costs and upon the administrative charge, at the rate of eighteen percent (18%) per
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 9 of 15
year. All costs, interest and charges, including the costs of collection, may be
certified to the County Treasurer and collected in the same manner as taxes.
ARTICLE VII
COMMUNITY HOUSING
7.1 Community Housing Units. Owners agree to construct, as part of the Development, two
(2) _____-bedroom units, consisting of not less than _______ square feet for each unit.
The use of such 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, at Town Council’s sole discretion. The two units fully satisfy the inclusionary
housing requirements as adopted and in effect by the Town.
ARTICLE VIII
RESTORATION OF SITE
8.1 Restoration Due to Inactivity. Unless a building permit extension is granted in writing by
the building official upon justifiable cause demonstrated by the Owner, the building
permit shall become invalid after 180 days of suspended work. If the building permit
becomes invalid, the Owner shall restore the site to the condition the site was in at the
time of issuance of the building permit (subject to changes reasonably necessary for
public safety or preservation of land and adjoining land, or to prevent waste) within thirty
(30) days from the date of notice by the Town that restoration is required. Upon
restoration of the Property in accordance with this Article and to the reasonable
satisfaction of the Town, this Agreement shall automatically terminate.
8.2 Restoration Funds. The Owner, upon issuance of a building permit shall provide security
pursuant to Avon Municipal Code in the amount of ___________ as security for any
possible future required restoration. If the obligation to restore arises (i.e., if the permit
becomes invalid) and if the Owner thereafter fails to restore the Property in compliance
with this Article and to the Town’s satisfaction, the Town may use such funds to cover
the costs of any required restoration work. The Town shall maintain an accounting of
such costs and once restoration work is completed, the Town shall return any remaining
funds along with such accounting. If the funds are insufficient to perform the restoration
work, the Owner, upon demand from the Town, shall deposit additional required funds as
determined by the Town. If the Owner fails to provide such funds, the Town’s costs of
restoration over the amount of funds current held, shall be a lien upon the Property to be
collected in the same manner as property tax and the Town may certify such amount to
the County Assessor for collection, including an additional 10% imposed by the Town for
costs of collection.
8.3 Return of Funds. After the issuance of a Certificate of Occupancy, the Town shall refund
50% of the restoration funds to the Owner. After the issuance of a final Certificate of
Occupancy for the last building to be constructed within the Development, the Town
shall refund the remaining restoration funds to the Owner.
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 10 of 15
ARTICLE IX
DEFAULTS, REMEDIES AND TERMINATION
9.1 Default by Town. A “breach” or “default” by the Town under this Agreement shall be
defined as the Town’s failure to perform its obligations under this Agreement, after the
applicable cure period described in Section 9.3, below.
9.2 Default by Owner. A “breach” or “default” by the Owner shall be defined as the Owner’s
failure to fulfill or perform any obligation of the Owner contained in this Agreement
following the applicable cure period described in Section 9.3, below, or the Owner’s
failure to fulfill or perform any obligation of the Owner contained in any other written
agreement relating to the Property between the Town and the Owner or the Town
following any applicable cure period contained in such agreement.
9.3 Notices of Default. In the event of a default by either Party under this Agreement, the
non-defaulting Party shall deliver written notice to the defaulting Party of such default, at
the address specified in Section 10.6, and the defaulting Party shall have five (5) days for
monetary obligations and thirty (30) days for non-monetary obligations from and after
receipt of such notice to cure such default. With respect to non-monetary obligations, if
such default is not of a type that with the exercise of reasonable diligence can be cured
within such thirty (30) day period and the defaulting Party gives written notice to the
non-defaulting Party within such thirty (30) day period that it is actively and diligently
pursuing such cure, the defaulting Party shall have a reasonable period of time up to one
hundred eighty (180) days given the nature of the default to cure such default, provided
that such defaulting Party is at all times within such additional time period actively and
diligently pursuing such cure.
9.4 Remedies for Default by Town. If a default by Town under this Agreement is not cured
as described in Section 9.3, the Owner shall have the right to enforce the Town’s
obligations by an action for any equitable remedy, including, without limitation,
injunction or specific performance or an action to recover damages. Each remedy in this
Section 9.4 is cumulative and is in addition to every other remedy provided for in this
Agreement or otherwise existing at law or in equity.
9.5 Remedies for Default by the Owner. If any default by the Owner under this Agreement is
not cured as described in Section 9.3, the Town shall have the right to enforce the
Owner’s obligations hereunder by an action for any equitable remedy, including
injunction or specific performance, or an action to recover damages. Each remedy in this
Section 9.5 is cumulative and is in addition to every other remedy provided for in this
Agreement or otherwise existing at law or in equity. In addition, if a default of this
Agreement by the Owner also constitutes a violation of the Code and non- compliance
with the Development Plan for this Property then the Town shall have all enforcement
rights as described in the Code and other applicable sections of the Code concerning
enforcement and penalties for violations, as the Code may be amended from time to time.
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 11 of 15
9.6 Mediation. The Parties agree that prior to submitting any controversy or claim arising out
of or relating to this Agreement, including, without limitation, any breach, default, or
interpretation hereof, to a legal process, and as a prerequisite to initiating any legal
process, the Parties shall attempt to resolve the controversy or claim in good faith in
accordance with the procedures stated in this Section 9.6. The Party asserting the breach,
default, controversy, or claim shall first provide written notice to the other Party, citing
this Section 9.6, and requesting consideration by the other Party to resolve the
controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within
thirty (30) days from the date of the notice commencing this process. If the dispute is not
resolved within thirty (30) days of the date of the notice, or by such longer period as may
be mutually agreed by the Parties, then either Party may initiate a legal action. At any
time after the written notice citing Section 9.6, the Parties may mutually agree to appoint
an independent neutral third party (the “Mediator”) to assist them in resolving the
dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all
relevant and non-privileged documents and may impose reasonable confidentiality
provisions; (ii) the Parties may make representations and submissions to the Mediator but
there shall be no formal hearing unless the Mediator requires a formal hearing and
provides a written notice to the Parties; (iii) the Mediator shall make his
recommendations in writing as soon as is reasonably possible but not later than thirty (30)
days following the receipt of representations and submissions by each Party; (iv) the
Mediator’s recommendation shall not be binding upon the Parties, but would become
binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the
fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties
of the recommendations made by the Mediator, the Parties shall have ten (10) days, or
such longer period as may be mutually agreed by the Parties, to accept said
recommendation or a mutually acceptable alternative. Submission of the dispute to the
Mediator shall be deemed by the Parties to toll the applicable statute of limitations until
the mediation process is concluded.
ARTICLE X
MISCELLANEOUS
10.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
10.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between
the Town and the Owner, and nothing contained in this Agreement shall be construed as
making the Town and the Owner joint venturers or partners.
10.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are
controlled by the Code to the extent applicable. This Agreement does not prevent the
Town from imposing additional requirements not inconsistent with this Agreement as
conditions for approval of a subdivision or the granting of a building permit.
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 12 of 15
10.4 Waiver. No waiver of one or more of the terms of this Agreement shall be effective
unless in writing. No waiver of any provision of this Agreement in any instance shall
constitute a waiver of such provision in other instances.
10.5 Severability. If any term, provision, covenant, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Agreement shall continue in full force and effect so long at the intent of
this Agreement is not frustrated.
10.6 Notices. Any notice or communication required or permitted under the terms of this
Agreement shall be in writing, may be given by the Parties hereto or such Party’s
respective legal counsel, and shall be deemed given and received (i) when hand delivered
to the intended recipient(s), by whatever means; (ii) three (3) business days after the same
is deposited in the United States Mail, with adequate postage prepaid, and sent by
registered or certified mail, with return receipt requested; (iii) one (1) business day after
the same is deposited with an overnight courier service of national reputation having a
delivery area encompassing the address of the intended recipient, with the delivery
charges prepaid; or (iv) when received via electronic mail to intended recipient’s
electronic mail address, provided below. Any notice shall be delivered, mailed, or sent, as
the case may be, to the appropriate address set forth below:
If to Town: Town of Avon
Attention: Town Manager
P.O. Box 975
Avon, Colorado 81620
Telephone: 970-748-4004
Email: townmanager@avon.org
And: Town of Avon
Attention: Town Attorney
P.O. Box 975
Avon, Colorado 81620
Telephone: 970-748-4001
Email: townattorney@avon.org
If to Owner: Lot 3 Mountain Vista LLC
And:
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 13 of 15
Each Party may change its addresses and/or email addresses for notices pursuant to a
written notice that is given in accordance with the terms hereof. As used herein, the term
“business day” shall mean any day other than a Saturday, a Sunday or a legal holiday
for which U.S. Mail service is not provided. Whenever any date or the expiration of
any period specified under this Agreement falls on a day other than a business day,
then such date or period shall be deemed extended to the next succeeding business day
thereafter.
10.7 Amendment of Agreement. For the purpose of any amendment to this Agreement,
“Owner” shall mean only the Owner as defined herein and those parties, if any, who have
specifically been granted, in writing by the Owner, the power to enter into such
amendments. No amendment to this Agreement shall be valid unless signed in writing by
Owner and Town.
10.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the
successors in interest or the legal representatives of the Parties hereto. The Owner shall
have the right to assign or transfer all or any portion of its interests, rights or obligations
under this Agreement to an entity or entities formed for the purpose of developing the
Property which are managed by an affiliate of the Owner and comprised of affiliates of
the Owner. Further, the Owner shall have the right to assign or transfer all or any portion
of its interests, rights or obligations under this Agreement to third parties acquiring an
interest or estate in the Property, including, but not limited to, purchasers or long-term
ground lessees of individual lots, parcels, or of any improvements now or hereafter
located within the Property. Notwithstanding the forgoing, any assignee shall fully
assume in writing all obligations of the Owner assigned to such assignee and Owner must
obtain the Town’s written consent to such assignment, which consent will not be
unreasonably withheld or delayed if the Owner has reasonably demonstrated to the Town
that the assignee has the financial capability to perform the obligations under this
Agreement so assigned. Nothing in this Section shall be deemed to limit or in any way
restrict the sale or other conveyance of property within the Property.
10.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which
shall be deemed to be an original and all of which taken together shall constitute one and
the same agreement. Any electronically delivered counterparts shall have the same force
and effect as an “ink-signed” original.
10.10 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by
law to the Town, its officials, employees, contractors, or agents, or any other person
acting on behalf of the Town and, in particular, governmental immunity afforded or
available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part
1 of the Colorado Revised Statutes..
IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the
date first written above.
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 14 of 15
TOWN OF AVON:
_______________________________
Amy Phillips, Mayor
ATTEST: ___________________________________
Miguel Casanueva, Town Clerk
OWNER:
LOT 3 MOUNTAIN VISTA LLC
By: ___________________________________
Name: ________________________________
Title: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF ____________ )
Acknowledged before me this ____ day of _______________ 2023, by ____________________
as ____________________ of Lot 3 Mountain Vista, LLC., a Colorado limited liability
company, on behalf of the limited liability company.
My commission expires:
____________________________________
Notary Public
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 6, 2023
Page 15 of 15
As to Article V of the Agreement only:
UPPER EAGLE REGIONAL WATER AUTHORITY:
________________________________
Dick Cleveland, Chair
ATTEST:
_______________, Secretary
ATTACHMENT C
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT (the "Covenant") is made and entered into as of
___________________, 2023, by and between Lot 3 Mountain Vista LLC, a Colorado limited
liability corporation ("Owner"), and the Town of Avon, a home rule municipal corporation of the
State of Colorado ("Town ") (Owner and Town may be referred to individually as "Party" and
collectively as "Parties").
RECITALS
A. The Owner owns approximately 1.099 acres within the Town that is legally described as
Lot 3, Mountain Vista Resort Subdivision, according to the Plat thereof recorded on March 31,
2021 at Reception No. 202109327, Town of Avon, County of Eagle, State of Colorado, and
commonly known as 140 W. Beaver Creek Blvd., Avon, CO 81620 (the "Property").
B. The Town's development standards require 1 off-street parking space per accommodation
unit for lodging or hotel uses.
C. To validate the Owner's proposed parking design, which does not strictly comply with the
Town's development standards, the Owner and Town desire to enter into and establish this
Restrictive Covenant, which shall burden the Property.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions,
covenants, and mutual promises set forth in this Covenant, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the
Town agree as follows with respect to the Property:
1. Recitals. The foregoing recitals are hereby incorporated into this Covenant and are
made a part hereof as if specifically set forth herein.
2. Covenant. The Owner hereby declares and covenants that the Property shall include a
full-time valet-only parking operation in substantial conformance with the parking plan,
attached hereto and incorporated by reference.
3. Amendment of Covenant. This Covenant shall constitute a covenant running with the
land and shall not be amended, modified or terminated without the prior written consent of
the Town, and shall be binding on the Parties hereto, and their successors and assigns. In
the event of any breach or threatened breach of the terms and conditions of this Covenant,
the Town shall have the right to seek specific performance against the Owner. In the event
of litigation to enforce any of the terms or provision of this Covenant, the prevailing party
shall be entitled to an award of its costs and reasonable attorneys' fees.
IN WITNESS WHEREOF, the Owner and the Town have executed this Covenant as of the date
first written above.
TOWN OF AVON:
_______________________________
Amy Phillips, Mayor
ATTEST: ___________________________________
Miguel Casanueva, Town Clerk
OWNER:
LOT 3 MOUNTAIN VISTA LLC
By: ___________________________________
Name: ________________________________
Title: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF ____________ )
Acknowledged before me this ____ day of _______________ 2023, by ____________________
as ____________________ of Lot 3 Mountain Vista, LLC., a Colorado limited liability
company, on behalf of the limited liability company.
My commission expires:
_____________________________________
Notary Public
970.748.4004 eheil@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Use Tax Proposal
DATE: June 9, 2023
SUMMARY: Consideration of referring a Use Tax on Construction Materials to the November 7, 2023
election is presented to Council. In 2021 and 2022, Council had several presentations and work sessions
on Use Tax, Marijuana Tax, and Regional Transportation Authority (“RTA”) Tax. At the May 2022 Council
meeting, Council directed Staff to retain a voter polling consultant to study the potential for each of these
tax questions to pass with the Avon voters. A voter polling consultant was selected and conducted voter
polling in Avon in June & July 2022. The survey results are presented in Attachment A and the Verbatim
survey responses are available in Attachment B.
The voter polling results indicated community support for the Use Tax’; however, Council decided to focus
efforts on the Regional Transportation Authority and took action to only refer the formation of the Regional
Transportation Authority to the Avon electorate. The vote on the Regional Transportation Authority was
successful. It was acknowledged last August that Council contemplated referring the Use Tax ballot
question to the Avon electorate in November, 2023.
MARIJUANA TAX: Council had also provided direction to prepare potential regulations and potential
location maps for consideration of authorizing retail marijuana businesses. Staff has not had the capacity
the prepare draft regulations, mapping or other analytical documents. Staff expects that any legally
possible location under federal set-back laws from schools, day care and playgrounds will be very limited at
best in Avon.
FINANCE COMMITTEE: Staff presented general information on the Use Tax to the Finance Committee on
May 3, 2023. The Finance Committee supported Council moving forward to refer the question of the Use
Tax to the November 7, 2023 election.
VILLAGE (AT AVON): The existing development agreement with Traer Creek LLC contemplates that if a
Use Tax is adopted then the revenues would be credited and pledged to Traer Creek Metropolitan District
to finance public improvements in the Village (at Avon). Staff has experienced continued complications
with attempting to collect the sales tax on construction materials which we will discuss further at the
Finance Committee meeting. Additionally, the adoption of a Use Tax can be expected to generate
significantly more revenue from new construction than the imposition of the Sales Tax on construction
materials. Additional revenues from a Use Tax would accelerate the repayment of debt obligations backed
by Town of Avon tax credits in accordance with the Village (at Avon) Development Agreement.
RECOMMENDATION: I recommend that Council proceed with considering referral of a Use Tax to the
November 7, 2023 election. If Council supports proceeding than Staff will begin providing general
information about the Use Tax to the public and will present first reading of an Ordinance referring a Use
Tax to the November 7, 2023 election at the July 25, 2023 Council meeting.
Thank you, Eric
ATTACHMENT A: Ballot Measure Survey PowerPoint
ATTACHMENT B: Ballot Measure Survey Verbatim Responses
ATTACHMENT C: Use Tax Report May 2022
TOWN OF AVON 2022 BALLOT MEASURE SURVEY
JUNE 23 –JULY 1, 2022
METHODOLOGY
•Magellan Strategies are pleased to present the
results of an online, bilingual survey of 305
registered voters within the Town of Avon,
Colorado.
•The interviews were conducted from June 23rd
–July 1 st, 2022.
•The overall survey responses have a margin of
error of +/-5.31% at the 95% confidence
interval. Population subgroups will have a
higher margin of error than the overall
sample.
•The survey results were weighted to be
representative of the voter turnout
demographics within the Town of Avon for a
midterm election cycle.
Do you agree or disagree with
the following statement?
“The Town of Avon is fiscally
responsible and spends taxpayer
money wisely.”
59%31%
10%
Total Agree Total Disagree
Unsure/No Opinion
3
59%
59%
76%
45%
50%
69%
63%
52%
54%
65%
31%
30%
15%
46%
39%
24%
24%
40%
40%
21%
10%
11%
9%
9%
11%
7%
13%
8%
6%
14%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Agree Total Disagree Unsure/No Opinion
Strongly Agree 12%
Somewhat Agree 47%
Strongly Disagree 14%
Somewhat Disagree 17%
4% USE TAX
BALLOT TEST
Before we continue, it is important to understand that no decisions
have been made by the Town of Avon to put any tax ballot measures
before voters for any purpose this November. Your participation in
this survey and sharing your honest opinions will influence those
decisions. Let’s continue…
The Town is considering three different ballot measures for this
November’s election. One ballot measure would replace the Town’s
current 4% sales tax on construction materials with a 4% Use Tax.
Avon is the only town in Eagle County without a use tax. Collection
of a Use Tax is much more efficient for both contractors and the
Town.
In addition, this 4% Use Tax would have an annual $50,000/year
exemption to exclude small home improvement projects. The
revenue generated by this tax would be allocated to the Town’s
general fund.
If an election were held today, would you vote yes and approve a 4%
Use Tax on construction materials, or would you vote no and reject
it?
4% Use Tax Ballot Test
“If an election were held today, would you
vote yes and approve a 4% Use Tax on
construction materials, or would you vote
not and reject it?”
5
47%
31%
22%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 11%
Probably Yes, Approve 15%
Lean Toward Yes, Approve 21%
Definitely No, Reject 15%
Probably No, Reject 8%
Lean Toward No, Reject 8%
28%
55%
57%
27%
47%
61%
47%
43%
46%
49%
30%
29%
15%
51%
34%
25%
35%
28%
36%
23%
42%
16%
28%
22%
19%
14%
18%
29%
18%
28%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
5% RETAIL TAX
ON MARIJUANA
BALLOT TEST
Another ballot measure that the Town is
considering is a 5% retail tax on marijuana to
match the tax in Eagle County. Although the
Town currently does not allow marijuana
businesses or retail sales, if this tax passes, the
Town would adopt regulations to allow a limited
number of marijuana businesses only in
designated areas.
The revenue from the Marijuana Tax would be
allocated to Community Housing, Recreation,
and Community Health.
If an election were held today, would you vote
yes and approve a 5% retail tax on marijuana, or
would you vote no and reject it?
5% Retail Marijuana Tax
Ballot Test
“If an election were held today, would you
vote yes and approve a 5% retail tax on
marijuana, or would you vote no and reject
it?”
7
71%25%
4%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 41%
Probably Yes, Approve 19%
Lean Toward Yes, Approve 11%
Definitely No, Reject 17%
Probably No, Reject 5%
Lean Toward No, Reject 3%
68%
74%
81%
50%
74%
72%
68%
74%
67%
77%
32%
20%
14%
48%
22%
26%
27%
23%
30%
18%
0%
6%
5%
2%
4%
2%
5%
3%
3%
5%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
0.5% SALES TAX
INCREASE TO
SUPPORT RTA
BALLOT TEST
As you may know, Eagle County and the towns
of Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail,
and the Beaver Creek Metro District have
collectively pursued the formation of a Regional
Transit Authority (RTA).
These entities are currently considering a 0.5%
sales tax increase and a 0.6% lodging tax increase
to support enhanced transit service. A 0.5% sales
tax increase in Avon would apply to all retail,
including groceries.
If an election were held today, would you vote
yes and approve a 0.5% sales tax increase to
support the RTA, or would you vote no and
reject it?
0.5% Sales Tax Increase
for RTA Ballot Test
“If an election were held today, would you
vote yes and approve a 0.5% sales tax increase
to support the RTA, or would you vote no and
reject it?”
9
35%
59%
6%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 5%
Probably Yes, Approve 11%
Lean Toward Yes, Approve 19%
Definitely No, Reject 31%
Probably No, Reject 10%
Lean Toward No, Reject 18%
34%
36%
40%
34%
30%
49%
36%
29%
40%
29%
66%
56%
53%
66%
62%
47%
57%
65%
57%
62%
0%
8%
7%
0%
8%
4%
7%
6%
3%
9%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
0.6% LODGING
TAX INCREASE TO
SUPPORT RTA
BALLOT TEST
A 0.6% lodging tax increase in Avon
would apply to all lodging, including
commercial hotels and short-term
rentals.
If an election were held today, would
you vote yes and approve a 0.6%
lodging tax increase to support the
RTA, or would you vote no and reject
it?
0.6% Lodging Tax Increase
for RTA Ballot Test
“If an election were held today, would you vote
yes and approve a 0.6% lodging tax increase to
support the RTA, or would you vote not and
reject it?”
11
74%
24%2%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 33%
Probably Yes, Approve 22%
Lean Toward Yes, Approve 19%
Definitely No, Reject 14%
Probably No, Reject 4%
Lean Toward No, Reject 6%
72%
77%
71%
71%
79%
76%
69%
77%
78%
71%
28%
20%
25%
29%
19%
24%
27%
21%
20%
27%
0%
3%
4%
0%
2%
0%
4%
2%
2%
2%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
0.6% LODGING
TAX INCREASE
TO SUPPORT RTA
BALLOT TEST
(INFORMED
LODGING TAX IS
HIGH)
As you may know, the total tax on lodging
in Avon is high at 12.4% (4% Avon lodging
tax, 4% Avon sales tax, 1% Eagle County
sales tax, 0.5% Eagle County Transit, 2.9%
State of Colorado sales tax).
Knowing this, if an election were held
today, would you vote yes and approve a
0.6% lodging tax increase to support the
RTA, or would you vote no and reject it?
0.6% Lodging Tax Increase
for RTA Ballot Test
(After Informed Lodging Tax is High)
“If an election were held today, would you vote
yes and approve a 0.6% lodging tax increase to
support the RTA, or would you vote not and
reject it?”
13
58%36%
6%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 24%
Probably Yes, Approve 17%
Lean Toward Yes, Approve 17%
Definitely No, Reject 18%
Probably No, Reject 9%
Lean Toward No, Reject 9%
65%
55%
62%
57%
55%
53%
49%
66%
60%
55%
35%
36%
33%
42%
37%
42%
42%
30%
35%
38%
0%
9%
5%
1%
8%
5%
9%
4%
5%
7%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
1.2768 MILLS
PROPERTY TAX
INCREASE TO
SUPPORT RTA
BALLOT TEST
An alternative to a lodging tax increase to
support the RTA is a property tax increase. The
total mill levy for property in Avon is 62.346,
which includes the Town of Avon’s mill levy of
8.956.
A property tax mill levy of 1.2768 mills would
generate the same revenues as a 0.6% lodging
tax. The cost for this increase would be $68.47
per year on a home valued at $750,000.
If an election were held today, would you vote
yes and approve a 1.2768 mills property tax
increase to support the RTA, or would you vote
no and reject it?
1.2768 Mills Property Tax Increase
for RTA Ballot Test
“If an election were held today, would you vote
yes and approve a 1.2786 mills property tax
increase to support the RTA, or would you
vote not and reject it?”
15
26%
68%
6%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 5%
Probably Yes, Approve 6%
Lean Toward Yes, Approve 15%
Definitely No, Reject 38%
Probably No, Reject 17%
Lean Toward No, Reject 13%
43%
20%
27%
24%
24%
17%
24%
30%
26%
26%
53%
73%
64%
71%
71%
77%
68%
65%
68%
67%
4%
7%
9%
5%
5%
6%
8%
5%
6%
7%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
Voter Preference for Lodging or
Property Tax to Support RTA
“Which tax do you think is best for Avon to
support the RTA?”
16
47%
9%
29%
15%
0.6% Lodging Tax Increase
1.2768 Mills Property Tax Increase
Would Not Vote for Either
Undecided
25%
57%
50%
23%
58%
48%
55%
42%
43%
54%
9%
8%
11%
6%
8%
7%
13%
6%
9%
8%
44%
22%
23%
48%
25%
25%
25%
33%
32%
24%
22%
13%
16%
23%
9%
20%
7%
19%
16%
14%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
0.6% Lodging Tax 1.2768 Mills Property Tax Neither Undecided
Verbatim Responses148 RESPONDENTS PROVIDED
ADDITIONAL THOUGHTS ON
THE BALLOT MEASURES
"Do you have any thoughts or opinions
you would like to share with the Town
regarding these potential ballot
measures?"
Themes
Taxes are too high, now is not the time to raise them
Too expensive to live in Avon, residents want affordable
housing solutions and want Town to deal with STRs
Question whether RTA would benefit them
(Particularly Wildridge/Wildwood)
Vocal minority against retail marijuana in Avon
“Every single election has tax increase measures included, every
single one! Give it a rest!”
-Male, 65+, Democrat, Hurd Lane
“Taxes are high enough. The town should figure out how they can be
more efficient with the money they have. Does everyone work as
hard as they can?”
-Male, 65+, Republican, Town Core
“Voters need a better idea of what the regional transportation
partnership would provide.”
-Male, 35-44, Democrat, Wildridge
“Because transit ignores Wildridge/Wildwood, I would probably
reject any tax increase unless it includes this large residential area of
Avon.”
-Female, 55-64, Unaffiliated, Wildwood
“Don’t tax the locals.”
-Female, 35-44, Republican, West Avon
“Please spend wisely. Do not spend more on infrastructure now. Do
not spend more on art/statues. Locals need help and places to live.”
-Female, 55-64, Unaffiliated, West Avon
SURVEY DEMOGRAPHICS
47%
52%
1%
Female Male Identify Differently
44%
36%
18%
2%
Unaffiliated Democrat
Republican Other Party
74%22%
4%
White Hispanic Other
18-24 25-34 35-44 45-54 55-64 65+
2%
24%
21%18%
19%
16%
SURVEY DEMOGRAPHICS
60%32%
8%
Married Single Prefer Not to Say
68%26%
6%
Own Rent Other
Wildridge West Avon Nott. Park Northside Town Core Vill. At
Avon
Hurd Lane Wildwood East Core Mtn. Star Other
38%
12%9%9%8%6%6%4%3%2%3%
MAGELLAN STRATEGIES
(303) 861-8585
WWW.MAGELLANSTRATEGIES.COM
DAVID FLAHERTY
COURTNEY SIEVERS
RYAN WINGER
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 1
Sex
Age
Range Party Housing Neighborhood Response
M 65+U Oth.East Core
Increasing taxes during a period of high inflation is probably questionable. I understand the need
but question the timing.
F 65+D Own East Core
Fund RTA from existing revenue sources. If this is a priority for Avon, then fund it as a priority.
Don't use RTA as an excuse to raise our taxes in these expensive and difficult times.
M 55-64 O Rent East Core Chicago was built on high taxes Only criminals are left there now
F 35-44 U Rent East Core No more taxes
M 35-44 U Rent East Core Housing is fucked, the valley is dying
F 45-54 D Own Hurd Lane Too many increases on one ballot will be tough.
F 55-64 D Own Hurd Lane I do not want pot shops in our town.
F 55-64 D Own Hurd Lane
Im glad the public transportation in the Valley is being worked on. Its in real need of overhaul to
be useable.
F 55-64 D Own Hurd Lane Taxes are already high.
F 65+D Own Hurd Lane
I think added sales tax to support RTA would be regressive on the people who need the system
the most. I would prefer other sources of revenue to fund a regional RTA-which I believe is a
necessary arrangement for the future. A fully integrated county transit system is a must.
M 65+D Own Hurd Lane Every single election has tax increase measures included, every single one! Give it a rest!
F 45-54 U Own Hurd Lane
No to all drug shops in Avon. Do not approve sales of drugs in our town. The smell, tje misuse
and not the image we should have for our community and families. No, NO, NO!! Clean up the
parks please. I love dogs, but why do people never clean up after their dogs. And why are the off
leash on my property?? If you cannot maintian this... how will you control the open use of drugs?
No to any of this in Avon!!
M 45-54 U Own Hurd Lane
I think raising taxes on groceries is poor way to subsidize buses. Can the people who use the
buses to get to work afford to ride the bus if their grocery bill goes up too much?
F 55-64 U Own Hurd Lane How about a tax increase on vacant commercial space.
M 55-64 U Own Hurd Lane
A lodging tax would mostly impact visitors to the area who have more disposed income. The
other tax options impact locals who are already struggling and pay high sales and property taxes.
F 65+U Own Hurd Lane
As a Senior with diminishing income I would find any tax increase a great burden; this year the
property tax on my home increased almost $2000 over the prior year, as several homes in my
neighborhood sold for $million+, probably a 30%-50% increase over prices before Covid
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 2
Sex
Age
Range Party Housing Neighborhood Response
F 45-54 D Rent Hurd Lane
Tax the hell of the out of towners. Too many people here. Its getting out of hand. Locals cant
live a peaceful life anymore due to greed. Tax those who dont live here.
M 55-64 D Own Mtn Star
We are headed towards a recession. Inflation is at a 40 year high. Gasoline is at a high. The idea
of taxing people more now seems wildly inappropriate for anything other then optional items like
marijuana consumption.
F 65+D Own Mtn Star
Current taxes are too high. It is too expensive to live in this valley. Avon is not an attractive town.
It is not pedestrian friendly. The retail shops are mediocre, with little to offer to locals or visitors.
M 55-64 R Own Mtn Star Spending money on more transit is wasteful and I would not support any tax increase to fund it.
F 65+R Own Mtn Star Avoid ALL tax increases!!!!
M 65+U Own Mtn Star
Stop raising taxes and operate the town more efficiently. For example, what in the world is that
ridiculous walkway recently constructed under I-70 most likely at Avons expense? Of what
benefit is that to the common good?
M 35-44 U Oth.Northside No need for any more tax increases, specially seeing how much prices are rising!
M 35-44 D Own Northside Would just like to research and see what options are
F 45-54 D Own Northside Please focus on employee housing and affordable housing!
F 55-64 D Own Northside
The full time local population in Avon is suffering enough from the expansion of short term
rentals and the demands they put on the infrastructure. Any tax increase should be directed
towards these uses.
F 35-44 R Own Northside
The 2% RETT is plenty for TOA. They have more than enough funds if spent wisely. No need to
increase taxes ever. Reallocate the current ones. We pay enough in taxes.
M 55-64 R Own Northside Don't want Marijuana sales in Avon.
M 45-54 U Own Northside
Our citizens are struggling enough to survive in an overly inflated economy and exorbently
priced community. At the same time skier visits and tourism increases overwhelmingly every
year. Pass this cost to the hotels and STRs and leave the working class citizens of Avon alone
F 55-64 U Own Northside
Tax the short term rentals to offset the cost of these uses both in terms of consumption of resource
and infrastructure as well as the loss of long term housing.
F 55-64 U Own Northside
Would like to know the RTA ridership #s at Avon compared to total eagle county and other eagle
county towns
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 3
Sex
Age
Range Party Housing Neighborhood Response
M 55-64 U Own Northside
Avon has no attraction any longer, half the retail with numerous storefronts empty, half the
restaurants and bars yet more banks and pharmacies.. This town sucks to live in now?
M 55-64 U Own Northside
Half the retail, half the bars and restaurants, and you continue to confuse drivers with the mid
road islands that solve no traffic issues. Its not fun to live here any longer.
M 65+U Own Northside
I support RTA and housing initiatives, in general. Would like to see a TOA and/or a sticker for
residents to allow winter parking in town.
F 35-44 D Own Nott. Park A tax credit would be a nice way to increase housing for our locals needing housing.
F 35-44 D Own Nott. Park I think employers who dont offer employee parking should contribute to RTA in some way.
F 35-44 D Own Nott. Park
I would say the town manager is doing a terrible job and the town of Avon pays peanuts
compared to other towns in our area. We probably pull in more tax $ to pay our town employees
better than most other municipalities. Its embarrassing. Do your job better.
F 45-54 D Own Nott. Park
The way this survey is worded is highly subjective to get the answers the survey writer wants. I
suggest unbiased surveys going forward if you care what the voters think.
M 65+D Own Nott. Park
The town transportation structure seems very good at present . If it's current budget is not
adaquate I would look elsewere for funding or cut some transport ptions ...
M 45-54 R Own Nott. Park No more taxes
M 45-54 R Own Nott. Park
Reduce or maintain the budget for transit - do not tax people who dont use it. That is
redistribution of wealth and anti-American!
M 35-44 U Own Nott. Park Heavily tax STRs
M 35-44 U Own Nott. Park
I think taxing second home owners a higher rate would solve taxing issues and funds. Currently
we have the lowest tax for second homeowners in the country
F 45-54 U Own Nott. Park Surely you can be more creative with the existing budget than just raising taxes
M 45-54 U Own Nott. Park Would like to understand what RTA improvements would be implemented.
F 55-64 U Own Nott. Park Taxes in Avon are already to high!!!
F 25-34 D Rent Nott. Park No but will definitely be researching more before the election.
F 35-44 D Rent Nott. Park
Put a moratorium on short term rentals while the housing issue is addressed. Sun ridge and
liftview have gone from mostly local workers to mostly short term rentals and is only getting
worse.
M 45-54 D Rent Nott. Park
I dont know if the short term rentals such as vrbo, Airbnb, etc. are taxed at the same rate as say a
hotel room, but would like it to be the same tax rate across the board.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 4
Sex
Age
Range Party Housing Neighborhood Response
F 25-34 U Rent Nott. Park
As a renter, would these taxes just be an additional way for rent prices to increase and a way for
which tenants to cover the costs for those providing the rentals
F 25-34 U Rent Nott. Park
Please stop raising our taxes. It is already expensive enough to live here and you are driving our
home owners taxes up, our local working class out of the valley. Cut spending, Cut salaries and
Cut the taxes. Raising taxes isn't the answer its the problem.
M 25-34 U Rent Nott. Park
Short term rentals are killing our town. Tax them and build employee housing or affordable
housing or there will be no workers to run the businesses the tourists require.
M 35-44 U Rent Nott. Park Build actual houses that people can afford that work here
U 35-44 U Rent Nott. Park
Stop being woke. Nobody cares about your political virtue signaling. You all care for the rich
elites and have zero priorities for blue collar workers.
M 35-44 U Oth.Other Yes, decrease spending in other areas and redirect those funds to the RTA
F 55-64 D Own Other
It is already expensive enough to live in the Vail Valley for locals. Visitors will continue to come
and, eventhough taxes on rentals are high, another .6 doesn't seem like it would make a huge
difference to someone coming for vacation.
M 65+D Own Other
We're fully taxed up. Visitors also use RTA, let them pay for it. Equally important, look at
competitive ski markets and stay at par or below in our tax structure.
U 35-44 O Own Other
Stop making it so challenging for people to live in Avon full-time. Provide public transportation
that is convenient and useful for locals. Stop making locals pay for parking to ski at Beaver Creek.
Start ticketing visitors who park their cars in illegal spots and in insane manners. Allow the town
to have marijuana stores, we sell cigarettes and alcohol freely, what's the difference? Tax the heck
out of it and use the tax money for useful things like public transportation, housing, schools and
teacher salaries. This is a ridiculous conversation for our town council.
F 55-64 R Own Other
I do not want Pot stores in Avon... they work great in the Green Mile and it's not essential to have
them in Avon. Have you done a survey to see if residents want Pot stores to bring in unsavory
types off the highway to our nice town? Before you approve and cannot undo your idea of weed
in Avon, please consider how nice Avon is without these establishments. Also, the Nottingham
Park parking is small and where to park is confusing and needs better signage or publicity.
Parking along the road is illegal? Where are people supposed to park then? Also, how much of a
shortfall for RTA is there... this survey does not inform.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 5
Sex
Age
Range Party Housing Neighborhood Response
F 45-54 U Own Other
DO NOT VOTE for DRUGS in our community! Do not allow the sales here. Please it is a
problem already in our County. we would need more police, more fire prevention and mental
health. Keep our community clean!!
U 45-54 U Own Other What about forcing employers with more than 25 employees to have to offer employee housing.
M 25-34 O Rent Other I think the RTA is one of the most important things for this town
U 55-64 U Rent Other Spend less!
M 65+U Oth.Town Core No more taxes
M 65+R Own Town Core
Taxes are high enough. The town should figure out how they can be more efficient with the
money they have. Does everyone work as hard as they can?
M 35-44 U Own Town Core Be more responsible with the budget in place. Waste less
M 35-44 U Own Town Core What happened to the guy with the hat and glasses?
M 35-44 U Own Town Core
Yes. Be more Fiscally responsible instead of not being so and passing the irresponsibility on the
tax payer continuously. Private businesses have to do it
M 55-64 U Own Town Core Transit should be funded by users Make it easier for builders to build affordable housing
M 45-54 D Rent Vill. at Avon Rents continually rise so I have no problem voting for tax increases too, especially property taxes.
M 25-34 U Rent Vill. at Avon Need more measurements so that tax increase goes to eagle county school district
M 35-44 U Rent Vill. at Avon Be careful not to tax too much.
M 45-54 U Rent Vill. at Avon Thanks for asking for our input
F 55-64 U Rent Vill. at Avon
Citizens do not need any more taxes & expenses. Elected Public Officials need to be better
stewards of the PEOPLES money instead of constantly raising taxes. We need a safer crossing at
the westbound I-70 on-ramp from Nottingham Rd. before a pedestrian or cyclist gets killed. As a
motorist one is looking to the left for oncoming traffic while merging and are blindsided by
pedestrians/cyclist who come out from behind the trees on the right, assuming full right of way. It
is very dangerous!
U 25-34 U Oth.West Avon I dont believe marijuana should be sold within the town limits.
F 35-44 R Own West Avon Don't tax the locals.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 6
Sex
Age
Range Party Housing Neighborhood Response
M 45-54 R Own West Avon
I support taxes that help make living in/around Avon more affordable to support the population
the local businesses need to offer a great resident and visitor experience. Local residences
support businesses year round through property and sales tax, so I'd prefer to use peak visitation
periods to shore up the difference.
F 45-54 U Own West Avon STOP wasting money. I would get rid of the entire town council if I could. Maybe I will.
F 55-64 U Own West Avon
Maybe if you promise to improve a bridge on W Beaver Creek Blvd so pedestrians don't get
sprayed with slush mg chloride, slip and slide on ice , have to run over the road as there is no
sign of crossing and don't have to jump out of the way when groups of bicikling tourists ride
over, instead of fixing the overwhelmingly useless stage. Maybe than I would vote for increasing.
F 55-64 U Own West Avon
Please spend wisely. Do not spend more on infrastructure now. Do not spend more on
art/statues. Locals need help and places to live.
F 55-64 U Own West Avon Re allocate what you have. Do not increase taxes. You do not spend the money wisely as it it!
F 55-64 U Own West Avon
We are over taxed. It is getting difficult for a citizen keep going and over work to keep going even
when it is time to retire, because you didnt save enough. I know we need a public transportation
that will help the mobility of working force and less use of our cars. I think we need be better in
management of our funds and priorities and reduce costs. As society we can not see only to tax
the citizens, maybe here revenue of services like maybe parking spaces with roof tops with
electric solar panels, for charging station and obtain revenue for it. Or even charge the electric
buses and reduce cost for the transportation.
M 55-64 U Own West Avon Anti tax be responsible with what you have
F 65+U Own West Avon
Would like more info on the marijuana tax or more specific info to allow shops in Avon to do
business.
F 35-44 D Rent West Avon Limit Short Term Rentals, yes to free buses to Vail
M 25-34 U Rent West Avon
You could also consider cutting spending. The shows at Nottingham are nice but definitely eat up
a lot of funding.
M 25-34 D Oth.Wildridge
Sliding Scale for property tax for value and residency: full-time residents and lower value property
exempt, vacation home, and higher value homes (>$1,000,000) taxed
U 65+U Oth.Wildridge This isnt a survey - it is a pro tax campaign item
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 7
Sex
Age
Range Party Housing Neighborhood Response
F 35-44 D Own Wildridge
I STRONGLY OPPOSE retail marijuana in Avon. It sends an unhealthy message to children and
families about health priorities and norms that our community values. Folks who want marijuana
can purchase down the street in EagleVail without it being promoted right in the faces of local
children and teens. The language in the survey question is very tricky- if retail marijuana was
approved in Avon of course a tax would be helpful (and expected, especially to offset health
strategies). Avon voters expressed strong opposition to marijuana sales in town in the past and
you should have separated survey questions on retail marijuana and marijuana sales tax. I
would prefer lodging tax as it wont impact local residents as much in the taxing, yet we would
benefit. Plus I dont think an additional 4% lodging tax would sway guests against staying in Avon.
M 35-44 D Own Wildridge I hope the rta will help residents in wildridge
M 35-44 D Own Wildridge Voters need a better idea of what the regional transportation partnership would provide.
M 35-44 D Own Wildridge
Will there be any bus service to Wildridge and Wildwood? If not, this looks like it could be a tax
on locals for the benefit of tourists depending on the funding source when it reaches the ballot. If
you are going to ask locals for money, there should be a benefit to them by increasing services
that they can use.
F 45-54 D Own Wildridge
Stop looking for more ways to make it much expensive to live in happy valley. Users should pay
for public transportation. The town should make it easier for developers to build apartments that
are more affordable.
F 45-54 D Own Wildridge
Use some of the money to protect more open land that is used for animal habitats, community
members & wildland fire protection (ie:2332 Fox Lsne). Thank you
F 55-64 D Own Wildridge
I will look for more information about RTA and its operation before I would decide how to vote. I
like the idea of RTA. My biggest concern is still workforce housing. I wish I had a good solution.
F 55-64 D Own Wildridge
No no no on any tax increase. Property taxes already increasing dt inflation on homes. On a
fixed income & do not want to be priced out of valley I have spent 40 years in.
F 55-64 D Own Wildridge
Please, no dispensaries in Avon! Eagle-Vail just makes sense. If you assume RTA is used most by
visitors and shift workers, taxing property owners makes zero sense. Taxing groceries makes even
less sense!
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 8
Sex
Age
Range Party Housing Neighborhood Response
M 55-64 D Own Wildridge
Id be more inclined to pay higher taxes if it would provide more free parking so that we could
use RTA more.
M 55-64 D Own Wildridge
Stop profligate spending and ridiculous projects ans theres be more money for regional transit
and social programs. Nottingham Barn? Bandshells? Cmon.
F 65+D Own Wildridge I am very excited about the new pickleball courts!
F 65+D Own Wildridge
Much of the full time residents have no access to the transit service. Residents of Wildridge,
Wildwood, etc need to drive to Avon AND park to use the current transit system.
F 65+D Own Wildridge
Thanks for asking our opinion. A lodging tax to support transit makes sense so workers have a
way to get to work without having to drive and park, visitors can do without their cars, too.
M 65+D Own Wildridge
Your survey is so far from the elections that no information from pro & con is available, so
personal opinions are difficult to make
F 55-64 O Own Wildridge Get off my wallet.
F 55-64 R Own Wildridge
I believe that all tax increases need to be investigated. Taxes keep going up and it is the family
that work here covering all of the increases, and sooner than later, that well is going to dry up.....
there has to be a better way to cover costs than to just keep increasing taxes and to put the
individuals who use the services to pick up the cost.
M 55-64 R Own Wildridge
A best practice for the election is to explicitly state what the RTA would do, benefits, costs, etc.
Tell exactly how money would be spent and what RTA transit will look like. Would any of the
town transit functions fold into this RTA? Are there economis of scale, accounting, maintenance
functions etc. that will become more efficient? Or folded into RTA? Under promise and over
deliver. If it passes let citizens know how you are progressing vs. stateed goals, costs,
functionality etc. Be super transparent. Right now this is an ephemeral RTA, need tons if
substance behind it to go to voters to get it passed.
M 55-64 R Own Wildridge AVON NEEDS TO STOP SPENDING MONEY ON EVERYTHING and work on the roads
M 55-64 R Own Wildridge Focus on fire egress from Wildridge not preserving the mayors family barn!
M 55-64 R Own Wildridge More sales and property taxes will further hammer locals already living on the margin.
M 55-64 R Own Wildridge No more taxes for the locals!
M 55-64 R Own Wildridge Why support transportation that only serves 1/4 of the towns square miles?
F 65+R Own Wildridge Given the economic downturn, you should carefully consider asking residents for more money.
F 65+R Own Wildridge No, but what about considering the wildridge fire house for a teen rec center
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 9
Sex
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Range Party Housing Neighborhood Response
M 65+R Own Wildridge Avon total taxes are already TOO HIGH!!!
M 65+R Own Wildridge Rather than raise taxes, consider cutting city services excluding police and fire.
M 65+R Own Wildridge
With inflation the dollars to the city will increase substantially without a change in the tax
percentage.
M 25-34 U Own Wildridge If the sales tax increase excluded groceries I would be more inclined to vote yes for it
M 25-34 U Own Wildridge The sales tax is already very high
F 35-44 U Own Wildridge
Instead of increasing taxes, allocate the money set aside for the e-bike rebates to people who
purchase an e-bike to the RTA. E-bikes are a luxury good and that rebate only serves a select
number of people that can afford a $2-3k bike at minimum after taxes and shipping. Plus for
many locals working in the Valley it is impractical to use an e-bike to commute to and between
the 2-3 jobs we hold around the Valley just to be able to afford to pay for a roof over our head.
This limitation is particularly evident in the Winter and mud seasons when it would require
purchasing warm clothes and gear for the bike to keep warm and safe in icy conditions. Use of an
e-bike is practical for maybe 6 months out of the year before the mornings are very cold, its
snowy/icy, or evening light is short. Even though RTA only serves a segment of our market, it
serves the segment you should be focusing on because its an actual need for the transportation to
get to work every day and make our Valley a destination resort people want to visit.
F 35-44 U Own Wildridge
What about something for employee housing? Is there something that can be done about the
abhorrent mail service in Avon?
M 35-44 U Own Wildridge
Areas that been declared short term rentals need to remain as potential short term rentals.
Areas(eagle-vail/wildridge/wildwood) need to have a closer eye placed upon them.
F 45-54 U Own Wildridge
I do not support increasing the cost of living (groceries, etc) for residence during a time of high
inflation. Nor do I support increase property taxes to communities that would NOT benefit from
the Regional Transit Authority (aka Wildridge, etc). These community members still need to drive
and park somewhere to access public transportation and the system does not have a good plan
for parking at transit hubs. I feel that the increase in visitors need to pick up the additional costs as
we are continuously pricing out our workforce from this community.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 10
Sex
Age
Range Party Housing Neighborhood Response
M 45-54 U Own Wildridge
I understand the need for funding. However, before increasing taxes, I would like to the Town be
more fiscally responsible with its current expenditures. The Town tends to spend money on
things versus investing in improvements and events which have a long term ROI. For instance,
the Town spends on landscape enhancements which are great, but fails to budget for the proper
maintenance of the landscaping. Any sales tax increase should exempt groceries. I believe
Vail did this recently for housing and look at what they are accomplishing.
M 45-54 U Own Wildridge It would be a better idea to charge per ride or buy a pass for the additional RTA services.
M 45-54 U Own Wildridge Possibly a mix of lodging and mill levy
M 45-54 U Own Wildridge Tax are high enough!
F 55-64 U Own Wildridge
A brief explanation of this unconventional approach to gauge public opinion, included just prior
to the survey, would have been helpful. The marijuana tax question was misleading, th/ anyone
against marijuana sales in Avon would be against a tax. Marijuana sales in a family resort town is
a very bad idea.
F 55-64 U Own Wildridge
I've lived in Avon over 3p. It's upsetting to see neiborhoodz ruined by short term rentals. Hots
are loosing g .oney and these visitors are complexly unaware of the noise level and disregard for
residents who work every day. Enough.
F 55-64 U Own Wildridge This is not the time to raise taxes.
M 55-64 U Own Wildridge
I agree with a county wide bus system. I think it would be much more efficient than three or four
separate bus systems. I don't agree with a rise in property tax to fund it. Most people look at it as
an affordable increase of a few bucks a month on their property tax when the real burden is on
the commercial property owners who pay substantially more in taxes and pass that increase onto
their tenants, forcing tenants to raise prices on their goods and services.
M 55-64 U Own Wildridge Lower my taxes, I'm taxed enough already.
F 65+U Own Wildridge Avon is over taxing now.
M 65+U Own Wildridge
I support the RTA concept. Good reliable transit would support down valley housing options
while decreasing auto usage.
M 65+U Own Wildridge Living in Wildridge makes using public transportation a bit more inconvenient.
M 65+U Own Wildridge
The question on Marijuana conflates two issues - there should be two questions - 1) should
Avon allow the sale of the drug and 2) should it be taxed more than other products if sold in the
town? Thankyou
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 11
Sex
Age
Range Party Housing Neighborhood Response
M 65+U Own Wildridge Too many ballots
M 65+U Own Wildridge
Your history has shown on issues like the barn, that you do not know how to responsibly spend
the money you now collect. I see no reason to allow you to impose any more or increased taxes
of any kind whatsoever
M 25-34 D Rent Wildridge Stop purchasing statues.
M 45-54 D Rent Wildridge
Whichever way you go, thank you for being responsible with the town's tax-based revenue. Be
honest and be fair. Thank you!
F 55-64 D Rent Wildridge
In light of the looming recession, the residents of Avon cant take more tax hits. The price of
everything has increased. Rental costs are off the charts in the valley. I will not support taxes that
will really be felt by local workers and families.
M 25-34 R Rent Wildridge No more taxes.
F 35-44 R Rent Wildridge The transit system is most used by tourists. That should be passed on to them.
F 45-54 D Own Wildwood Be smart
F 25-34 U Own Wildwood
Property tax increases should have exemptions for lower and middle-income permanent
residents and landlords with long-term leases. Tax the living daylights out of the 2nd home
owners but do not make it any more expensive to live here.
F 55-64 U Own Wildwood
Because transit ignores Wildridge/Wildwood I would probably reject any tax increase unless it
includes this large residential area of Avon.
F 55-64 U Own Wildwood
Please remember that Avon is already an expensive place to own or rent as you plan to move
forward.
F 55-64 U Own Wildwood
Yes deed restriction housing. I live in one and this is keeping me in a state of poverty. It needs to
revised
M 65+U Own Wildwood Why do you always need to raise taxes? Why dont you cut spending.
[970] 748-4055 swright@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Scott Wright, Finance Director; Eric Heil, Town Manager
RE: Use Tax on Construction Materials
DATE: April 27, 2022
SUMMARY: This report is a follow-up to last year’s presentations to Council regarding use tax on construction
materials. Last year’s report, which is attached to this report as Attachment C, introduced to Council a
possible means for funding Community Housing projects through the assessment of a use tax on construction
materials. The report also provided an analysis of the various other types of use taxes, including motor vehicle
use tax and consumer use tax. Neither of these were recommended or pursued by staff or Council.
Ultimately Town Council decided to place on the November 2021 ballot a 2% Short -term Rental Tax to be
earmarked for Community Housing and the idea of a use tax on construction materials was requested by
Council to be brought back for discussion in 2022.
This report uses the report from last year as a foundation with a few key revisions. First, since the 2% Short -
term Rental Tax Community housing passed last year, it is staff’s recommendation to no longer earmark the
revenues that would be collected from the proposed use tax. Secondly, staff has addressed the concern of
some Council members regarding the impact to local citizens and is recommending an exemption of the
collection of a use tax on projects requiring a building permit of less than $50,000.
Implementing a use tax on construction materials is a change in tax policy that increases revenues and as
such would be required to be approved by the Town’s electorate in a TABOR election.
Critical dates pursuant to TABOR include the following:
(1) August 9. Last regularly scheduled Town Council meeting to introduce first reading of an
ordinance to refer ballot question and self-execute implementation of use tax upon
approval.
(2) August 23 Last regularly scheduled Town Council meeting in which to adopt a resolution
certifying ballot content to the County Clerk and Recorder.
(3) September 7. Last day to certify the ballot content to the County Clerk and Recorder.
(4) November 8. General Election.
BACKGROUND: A large number of cities and counties in Colorado levy a use tax on building materials
including Eagle, Gypsum, Vail, Steamboat Springs and Grand Junction . The benefits of a use tax on
construction materials include the following:
(1) Generates fairness and simplicity in the imposition of the tax;
(2) Helps to eliminate unfair competition using tax rates as a reason to shop outside of Avon;
(3) Reduces tax liabilities for sub-contractors;
(4) Retains tax dollars in the community where the burden on Town facilities and services is placed;
(5) Eases the administrative burden of collection;
Current Methodology for the Collection of Sales Tax on Building Materials The Town of Avon imposes
a sales tax on building materials. However, the administrative burden of collection is extremely high and very
ineffective. Most of the current collections of sales tax on construction materials is generated and remitted
Page 2 of 3
by located Avon retailers such as Home Depot, and local Eagle County retailers such as Edwards Building
Supply due to the fact that they have established physical nexus with the Town of Avon. For example, when
a purchase is made from Edwards Building Supply and the materials are to be delivered into Avon, the retailer
will collect and remit Avon sales tax.
The administrative burden (and headache for contractors and developers) comes from project whereby the
materials are being purchased from outside of Eagle County or the State of Colorado Sales tax is not typically
collected on these materials by the vendor. In these instances, sales tax would be due to the Town by either
a general contractor or sub-contractor at the time the materials are delivered to the job site. The fact of the
matter is that most of the time tax is not remitted to the Town and Town staff has little or no knowledge of the
transactions taking place in order to follow-up with the contractor. And if staff does have the information, it
is often very difficult to track down out-of-town contractors or to have any sort of leverage to require them to
remit the taxes due.
Construction Materials Use Tax A construction use tax is a form of use tax levied on building materials.
The use tax is collected at the time a building permit is issued. The use tax amount is determined by
multiplying the use tax rate by the cost of the building materials using a predetermined formula. A common
method is to determine that the cost of building materials to be fifty percent (50%) of the total valuation of the
construction project. The builder then provides the building permit to the materials supplier to prove that use
tax has already been paid, and then is exempt from paying a corresponding municipal sales tax in other
locations.
The administrative burden of collection under a use tax methodology is greatly reduced. In addition, the
Town would have the authority when necessary to reconcile the final cost of a project versus the initial value
placed on the project for permit purposes.
FINANCIAL CONSIDERATIONS: Based on the Town’s 10-year average of the total value of building
construction of $32,772,355, a 4% use tax on construction materials would have generated an average of
$655,447 per annum in revenue. It should be noted that because the Town (excluding The Village (at Avon))
has only a few remaining vacant parcels for large potential developments remaining, the level of use tax from
the past ten years might not be an accurate representation of the potential use tax that might be realized in
the future. Redevelopment of East Avon Town Center and other underdeveloped prop erties in the Town core
may provide additional use tax revenues.
Village At Avon (Traer Creek Metro District). The Consolidated Amended and Restated Annexation and
Development Agreement (“CARADA”) specifically contemplates that the Town may, at some point, impose
a use tax. In the event a use tax is imposed, a corresponding “use tax credit” will automatically be applied to
any transaction subject to the use tax. The CARADA also contemplates th at Traer Creek may impose a
building materials fee if the Town imposes a use tax. The CARADA is silent as to whether the building
materials fee must be used for the same purposes as the use tax. The CARADA does provide the Town
must coordinate with Traer Creek regarding the implementation of any use tax, so the To wn will need to
further explore the building materials fee with Traer Creek.
Based on 1,835 remaining residential dwelling units (at 1,500 sq. ft. each) and 470,017 remaining commercial
square footage left to be developed. At $400 per sq. ft. construction cost the total taxable value (50% of total
construction value) is $644,503,400. Therefore the potential use tax revenue generation is estimated to be
in excess of $25 million using a 4% tax rate. Given the existing debt of approximately $75 million and the
Page 3 of 3
remaining Credit PIF Cap of over $21 million, the additional use tax revenues could make a meaningful
reduction in the term of the life of this debt.
SAMPLE BALLOT LANGUAGE: A draft of the use tax ballot question language is included with this
Report as Attachment A. As mentioned above, there is not restriction to use of the revenues generated
from a use tax.
USE TAX CODE: A draft of the proposed Use Tax Code Chapter 3.09 is included with this Report as
Attachment B. An ordinance approving the new Chapter would be presented to Council for first reading
upon adopting a resolution certifying the ballot content to the County Clerk and Recorder.
RECOMMENDATION: We recommend that Council provide direction regarding the possible adoption,
either by resolution or by ordinance, of a construction materials use tax ballot question to be certified to the
Eagle County Clerk and Recorder for inclusion in the November 8, 2022, general election.
Thank you, Scott and Eric
ATTACHMENTS:
Attachment A – Draft - Use Tax Ballot Question
Attachment B – Draft - Use Tax Code Chapter 3.09
Attachment C – 2021 Council Report
SAMPLE USE TAX BALLOT QUESTION
SHALL TOWN OF AVON TAXES BE INCREASED $____ MILLION ($____________)
ANNUALLY IN 2023, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX
ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION
MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT FOR
ANY MUNICIPAL PURPOSE, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS
AND POLICIES AS MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN
ACCORDANCE WITH ORDINANCE NO. 22-____ ADOPTED BY THE TOWN COUNCIL;
AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS
FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A
VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH
WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW.
1
CHAPTER 3.09 – Use Tax on Construction Materials
3.09.010 – Title, Purpose, and Applicability.
(a) This Chapter shall be known and may be cited as “The Town of Avon Use Tax on
Construction and Building Materials.”
(b) The purpose of this Chapter is to raise revenue for municipal purposes and provide a
complementary tax to the Town’s sales tax. The Town Council find that every person
who uses or consumes in the Town any construction and building materials is
exercising a taxable privilege.
(c) Subject only to the exemptions set out at Section 3.09.040, the use tax imposed herein
shall apply to any use or consumption in the Town of construction and building
materials purchased at retail on or after January 1, 2023.
3.09.020 – Definitions
When not otherwise clearly indicated by the context, the following words and phrases, as
used in this chapter, shall have the following meanings:
Building permit means a permit, issued by the Town, allowing the permit holder to
construct, enlarge, repair, move, demolish, or change the occupancy of a building or structure, or
to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical ,
or plumbing system regulated by the adopted building codes of the Town. A building permit shall
not include any permit for demolition or dewatering.
Charitable organization means any entity which has been certified as a nonprofit
organization under Section 501(c)(3) of the Internal Revenue Code.
Construction equipment means any equipment, including mobile machinery and mobile
equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make
improvements to any real property, building, structure, or infrastructure, whether leased or owned.
Construction Materials means tangible personal property which, when combined with
other tangible personal property, loses its identity to become an integral and inseparable part of a
structure or project including public and private improvements. Construction Materials include,
but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement,
concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling
equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar,
oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh,
road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, s tone, stucco, tile,
trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather
stripping, wire netting and screen, water mains and meters, and wood preserver. The above
materials, when used for forms, or other items which do not remain as an integral and inseparable
part of completed structure or project are not construction materials.
2
Construction valuation means the total value of the work, including labor and construction
and building materials, for which a permit is issued, including leased construction equipment,
electrical, gas, mechanical, plumbing equipment and permanent systems, as determined by the
building department or building official.
Consumption means the act or process of consuming, and includes waste, destruction, or
use. Consumption is the normal use of property for the purpose for which it was intended.
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify,
or improve any building, dwelling, structure, infrastructure, or other improvement to real property
for another party pursuant to an agreement. For purposes of this definition, Contractor also
includes subcontractor.
Director means the Director of Finance for the Town or such person’s designee.
Person means any individual, firm, partnership, joint venture, corporation, limited liability
company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or
representative capacity, whether appointed by court or otherwise, or any group or combination
acting as a unit.
Purchase or sale means the acquisition for any consideration by any person of tangible
personal property by way of purchase, lease, or rental, including capital leases, installment and
credit sales, and lease-purchase, rental or grant of a license to use, which consideration may include
money, exchange of property or services, or any other thing of value.
Purchase price means the aggregate value in money of anything or things paid or delivered
or promised to be paid or delivered by a purchaser to a retailer or any person in the consummation
of a retail sale as defined herein, without any deduction therefrom for the cost of the property sold,
cost of materials used, labor or service cost, or any other expense whatsoever, and provided that
when articles of tangible personal property are sold after manufacture or after having been made
to order, the gross value of all materials, labor, service, and profit thereon shall be included in the
purchase price; provided that the purchase price shall not include any direct tax imposed by the
United States government, the state, or this chapter.
Retail Sale or Purchased at Retail means any purchase or sale of tangible personal
property, except a wholesale sale or purchase made for taxable resale.
Taxpayer means any person obligated to collect and/or pay tax under this Code.
Town means the Town of Avon.
Use means the exercise, for any length of time, by any person with the Town of any right,
power or dominion over tangible personal property or services when rented, leased, or purchased
at retail from sources within or with the Town; or tangible personal property used in the
3
performance of a contract in the Town, whether or not owned by the taxpayer. Use also includes
withdrawal of items from inventory for consumption.
Wholesale sales mean a sale to a licensed retailer, jobber, dealer, or other wholesaler for
resale. Sales by wholesalers to consumers, including persons who use or consume construction
and building materials, as defined by this Section, are not wholesale sales. Sales by wholesalers to
non-licensed retailers are not wholesale sales.
Wholesaler means any person selling to retailers, jobbers, dealers, or other wholesalers, for
the purpose of resale and not for storage, use, consumption, or distribution.
3.09.030 – Use tax imposed.
(a) There is hereby imposed and levied in the Town, and shall be collected and paid, a use
tax on the privilege of using or consuming within the Town construction and building
materials of every kind and form purchased or leased inside or outside the Town.
(b) The use tax imposed by this Chapter shall be at the rate of four percent (4%) of the
cost of construction and building materials used or consumed in the Town, including
leased equipment. For purposes of this Chapter, the cost of construction and building
materials is deemed to be fifty percent (50%) of the construction valuation.
(c) Any construction and building material used or consumed on a project which has
received all final development review approvals required by Title 7 of the Avon
Municipal Code on or before December 31, 2022, shall not be subject to the use tax
imposed herein. If any approval expires by its terms after December 31, 2022, such
application for development review shall then be subject to the use tax imposed by
this Chapter.
3.09.040 – Exemptions.
The following are exempt from the use tax imposed by this chapter, provided that the list
of exemptions cannot be increased by implication or similarity and the burden of proof is upon the
taxpayer to establish an exemption:
(a) The use or consumption of construction and building materials the sale of which is
subject to a retail sales tax imposed by the Town;
(b) The use or consumption of construction and building materials purchased for resale
in the Town, either in their original form or as an ingredient of a manufactured or
compounded product, in the regular course of business;
(c) The use or consumption of construction and building materials by the United States
government; by the State, its departments or institutions or political subdivisions
thereof in their governmental capacities only; or by the Town; providing, however,
that no commercial, industrial or other banking institution, organized or chartered by
4
the United States government, any agency or department thereof, or by the State, shall
be considered a governmental institution for the purpose of this exemption;
(d) The use or consumption of construction and building materials by charitable
organizations in the conduct of their regular charitable functions; except that nothing
herein contained shall be deemed to exempt use of construction and building material
or supplies used by a contractor for the construction of an improvement for a
charitable organization;
(e) The use or consumption of construction and building materials by a person engaged
in the business of manufacturing or compounding for sale, profit, or use of any article,
substance, or commodity, which construction and building materials enters into the
processing of or becomes an ingredient or component part of the product or service
which is manufactured, compounded, or furnished, and the container, label, or the
furnished shipping case thereof;
(f) The use or consumption of construction and building materials if a written contract
for the purchase thereof was entered into prior to January 1, 2023;
(g) The use or consumption of construction and building materials required or made
necessary in the performance of any construction contract bid, let, or entered into at
any time prior to January 1, 2023;
(h) The storage of construction and building materials;
(i) A building project, subject to a Town of Avon Building Permit, with a total
construction valuation of fifty thousand dollars ($50,000.00) or less;
(j) The use or consumption of construction and building materials in the Town on which
the use tax imposed by this Chapter has already been paid; and
(k) Any transaction which the Town is prohibited from taxing under applicable law.
3.09.050 – Credit for taxes paid to another taxing authority.
(a) The Town’s use tax shall not apply to the use or consumption of any construction and
building materials the sale or use of which has already been subjected to a legally
imposed sales or use tax of another statutory or home rule town, city, or city and
county equal to or in excess of the use tax imposed herein.
(b) A credit shall be granted against the Town’s use tax in an amount equal to lawful tax
previously paid by the purchaser or user to another taxing authority, provided that the
amount of credit shall not exceed the amount of use tax imposed by this Chapter.
(c) The burden of proof is upon the taxpayer to establish the right to any credit claimed.
5
(d) It is the intent of this Chapter for Town taxes to be paid at the time a building permit
is issued. Once such permit is issued, persons engaged in construction projects in the
Town are considered to be the end users of construction and building materials and
must not pay municipal sales tax to a retailer in another jurisdiction for materials to be
used or consumed in the Town. No refund or credit of another municipality’s tax will
be allowed unless such tax is legally imposed.
3.09.055 – Tax credit for the Village (at Avon).
Notwithstanding any other provisions of this Chapter, there shall be granted to each person
owing tax on use or consumption of building materials within The Village (at Avon) a temporary
tax credit equal to the amount of any Building Materials Use Fee paid by or on behalf of such
person for that same use or consumption. The amount of the credit shall not exceed the amount of
use tax owed. This credit shall expire with the termination of the Building Materials Use Fee as
set out in the Consolidated, Amended and Restated Annexation and Development Agreement for
The Village (at Avon), as recorded with Eagle County on August 1, 2014. Neither the ability of
the Town to grant the temporary tax credit nor termination of the tax credit shall constitute a tax
increase, the imposition of a new tax, or a tax policy change.
3.09.056 - Tax credit for Community Housing.
Notwithstanding any other provision of this Chapter, there may be granted a tax credit to
each person owing tax on the use or consumption of construction and building materials and
fixtures used in a Community Housing project provided that such use tax credit is approved by
Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant
this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the
imposition of a new tax or a tax policy change.
3.09.057 - Temporary tax credit for renewable energy production components.
Notwithstanding any other provision of this Chapter, there shall be granted a temporary
tax credit to each person owing tax on the use or consumption of components used in the
production of electricity, generation of heat or cooling of air, from a renewable energy source,
including but not limited to wind, solar, solar thermal systems, and geothermal energy systems,
provided that this temporary tax credit shall commence on the effective date of this ordinance and
shall continue until December 31, 2024, whereupon this temporary tax credit shall automatically
expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the
temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition
of a new tax or a tax policy change.
3.09.060 – Collection and administration.
(a) The administration of this chapter is hereby vested in the Director, who shall prescribe
forms and promulgate rules and regulations for the proper administration and
enforcement of this chapter. The Director may delegate to any person the power and
authority necessary for the proper administration and enforcement of this chapter.
6
(b) The use tax required by this Chapter shall initially be made by estimate, which
estimated amount must be paid at or prior to the time any permit for building or
construction within the Town is issued. No permit shall be issued by the Town
Building Official, or any other town employee, to any person requesting a permit for
construction within the Town until such estimated use tax has been paid. The tax
estimate shall be made by the Director, working with the Community Development
Department to determine the Construction Valuation.
(c) All use taxes due to the Town must be paid in full before a final building inspection
may take place and a permanent or temporary certificate of occupancy issued. The
Director may determine the amount of use taxes due to the Town before final
inspections occur or certificates of occupancy issue. To assist in this determination,
the Director may request information from the taxpayer, who shall timely provide it,
which information may include proof of actual amounts paid for construction and
building materials used or consumed in the building project.
(d) A person engaged in a construction project in the Town who does not apply for and
have issued a permit or who seeks and obtains prior approval of the Director to remit
use taxes in accordance with this Subsection (d) shall, on or before the twentieth day
of each succeeding month following the start of construction, file a return with the
Director attaching all statements and invoices establishing the price paid for building
and construction materials used in the local project, along with a summary sheet for
materials purchased the previous month, and shall thereupon pay to the Town the full
amount of use tax due for the preceding month or months. Any failure to make such
return and payment of such use tax shall be deemed a violation of this Chapter, which
may, upon conviction, subject the violator to penalties provided.
3.09.070 – Penalty and Interest.
(a) If any person fails, neglects, or refuses to pay the use tax as required by this chapter,
or if any taxpayer fails to remit the proper amount of tax or underpays the tax, then
penalties and interest shall be imposed in accordance with this section.
(b) If a person neglects or refuses to pay any use tax as required by this Chapter within
ten (10) days after the same is due, the Director shall make an estimate, based upon
such information as may be available, of the amount of use tax due for the period for
which the taxpayer is delinquent and shall add thereto a penalty equal to the greater of
fifteen dollars ($15.00) or ten percent (10%) of the amount due and interest at the rate
of one-and-a-half percent (1.5%) per month from the time delinquent payment was
due.
(c) If any part of the deficiency is due to fraud with the intent to evade the tax, there shall
be added a penalty of one hundred percent (100%) of the total amount of the
deficiency, and in such case the whole amount of the tax unpaid, including the
additions, shall become due and payable ten (10) days after written notice and demand
7
by the Director, and an additional three percent (3%) per month on said amount shall
be added from the date payment was due, until paid.
(d) The Director may, for good cause shown, waive any penalty or interest.
3.09.080 – Remedies not exclusive.
In addition to enforcement remedies expressly provided in this chapter, the Town may pursue any
other remedies available at law or in equity.
3.09.090 – Lien.
The tax imposed by this Chapter, together with accrued interest and penalties, shall be a first and
prior lien on any real property into which the construction and building materials were
incorporated.
3.09.100 – Limitation of Action.
Use tax, interest, and penalties shall be assessed, and any action to collect the same shall be
commenced, within three (3) years of the issuance of a final certificate of occupancy for the
improvement on which the use tax was paid. This period of limitation shall not run for any period
of time covered by an audit if written notice of that audit is given to the taxpayer prior to expiration
of the limitation period.
3.09.110 – Refunds.
(a) Upon completion of construction, the taxpayer may apply to the Director for a refund
of overpaid taxes. Such application shall be supported by documentation required by
the Director or as needed to establish actual amounts paid for construction and
building materials used or consumed as part of a building project.
(b) A taxpayer claiming an exemption may pay the use tax under protest. Applications for
refund of such protested tax must be made within sixty (60) days of issuance of the
building permit for which the use tax was paid under protest.
(c) A taxpayer claiming refund for use tax paid by mistake or in error must make that
claim within three (3) years of the final inspection or issuance of a permanent
certificate of occupancy, whichever comes later, for the improvement on which the
use tax was paid.
(d) All claims for refund shall be upon forms prescribed by the Director and made in such
manner as required by the Director. The Director shall promptly review refund claims
and issue a denial in writing, state the reason therefor, or provide the funds requested,
after applying any refund amount against outstanding tax liabilities.
8
(e) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a
written protest, filed within 30 days of the Director’s notice. The protest shall identify
specific grounds for dispute, including any necessary documentation, and shall request
a hearing before the Director. This protest process, and that of any related appeal, shall
be in accordance with Section 29-2-106.1, Colorado Revised Statutes.
(e) The right to refund shall not be assignable.
3.09.120 – Audit.
(a) The Town may audit, or the taxpayer request an audit, within three (3) years from the
issuance of any certificate of occupancy for the improvement on which the use tax
was paid. An audit requested by the taxpayer shall be at the taxpayer’s sole cost.
(b) If the recomputed use tax is less than the amount of use tax paid by the taxpayer, the
difference shall be refunded to the taxpayer within thirty (30) days of the final
determination of the Town. If the recomputed use tax is more than the amount of use
tax paid by the taxpayer, the difference, along with any interest and penalty imposed
by this chapter, shall be due and payable by the taxpayer immediately upon the final
determination of the Town with notice to the taxpayer.
3.09.130 – Book, Records, Reports, and Returns.
(a) Every person liable for any use tax imposed by this chapter shall keep and preserve,
for a period of three (3) years from the date of issuance of a final certificate of
occupancy for the improvement on which the use tax was paid, all books, records,
reports and returns necessary to determine the amount of tax liability. All such books,
records, reports, and returns shall be open for examination at any time by the Director.
(b) Any information gained by taxpayer disclosure or as part of an audit or investigation
shall be entitled to the same level of confidentiality afford to sales tax information, as
set out in Chapter 3.08 of the Avon Municipal Code.
(c) For the purpose of determining the amount of tax due from any taxpayer, the Director
may hold investigations and hearings concerning any matters covered by this Chapter,
and may examine any relevant books, papers, records, or memoranda of any such
person, requiring the attendance of such taxpayer, or any officer or employee of such
taxpayer, or of any person having relevant knowledge, and taking such testimony and
proof as may be necessary to properly ascertain any tax liability. The Director shall
have power to administer oaths to any person in the course of such investigations or
hearings. Production of documents and attendance of witnesses shall be requested by
the Director on his or her own motion or on motion of any party; any request for
production or attendance shall inform persons that compliance is voluntary but that, if
the request is not complied with, the Director may apply to the Municipal Judge for
issuance of a subpoena.
9
(d) The Municipal Judge, upon application of the Director, may compel the attendance of
witnesses, the production of books, papers, records or memoranda, and the giving of
testimony before the Director or any of his or her duly authorized agents, by the
issuance and enforcement of subpoenas, in the same manner as production of evidence
may be compelled before the court.
3.09.140 – Violation and Penalty
(a) It is a violation of this Chapter for any person subject to the use tax levied by this
chapter to submit any false or fraudulent use tax information to the town, to make any
false statement on any document used to calculate taxes due under this chapter, to fail
or refuse to make payment of any taxes due, to evade the payment of any taxes due,
or to aid or abet another in any attempt to evade the payment of any taxes due under
this chapter.
(b) In addition to any other penalty provided in this Chapter, any person who violates any
provision of this Chapter shall be punished in accordance with Section 1.08 of the
Avon Municipal Code.
[970] 748-4055 swright@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Scott Wright, Assistant Town Manager; Paul Wisor,
Town Attorney; Eric Heil, Town Manager
RE: Use Tax on Construction Materials
DATE: July 7, 2021
SUMMARY: This report provides an overview of a potential Use Tax, including draft Ballot Language and
recommendations. Council approved the 2021 Department goals early in the year which included a Finance
Department Goal to present legal and financial analysis of Use Tax.
Finance Department, Goal #12 states, Present Legal and Financial Analysis of Use Tax:
Staff will prepare an overview of sales and use tax as commonly used throughout
Colorado, potential revenues, potential dedication of such revenues for designated
purposes such as capital improvements or community housing, and present that
information to the Finance Committee.
The 2018 Town of Avon Community Housing Plan established a goal to secure additional local funds for
housing and to seek opportunities for new funding sources. The Community Housing Plan states on P. 6
under Funding,
A two-step process is envisioned to secure additional local funds for housing. The
first step will be to review current revenue streams and determine if additional
funds can be directed to housing efforts through the annual budgeting process.
This review will begin at the end of 2018. Depending on the outcome of the first
step, the second step will be to seek opportunities for new funding sources, which
could include approaches such as increased linkage fees, regional collaboration,
and/or support for a local ballot initiative.
The purpose of this report is to introduce to Council a possible means for funding Community Housing
projects through the assessment of a use tax on construction materials. This is submitted as a written
report and no formal action by Council is requested at this time. If Council decides that this might be a
favorable way to raise funds for this purpose it must be approved by the Town’s electorate in a TABOR
election, since implementing a use tax is a change in tax policy and increases revenue.
Critical dates pursuant to TABOR include the following:
(1) August 10. Last regularly scheduled Town Council meeting to introduce first reading of an
ordinance to refer ballot question and self-execute implementation of use tax upon
approval.
(2) August 24 Last regularly scheduled Town Council meeting in which to adopt a resolution
certifying ballot content to the County Clerk and Recorder.
(3) September 3. Last day to certify the ballot content to the County Clerk and Recorder.
(4) November 2. Election day.
BACKGROUND: In 2002 a 4% construction use tax was submitted to the Town of Avon electors by the
Avon Town Council. The tax was to be "spent solely for transportation and recreation capital projects and
Page 2 of 4
services and infrastructure related thereto." The ballot question failed to pass by a vote of 379 in favor and
573 against (See Attachment A).
ANALYSIS: Use taxes are levied on the consumption of tangible personal property within a city or county
for which no sales or use tax has been previously paid. A use tax differs from a sales tax in that the
purchaser (as opposed to the retailer) is generally held responsible for paying the use tax. Use taxes are
considered complimentary to a sales tax and are applied in the jurisdiction where the product or materials
are used rather than where purchased. Use taxes are typically assessed at the same rate as the sales tax
that would have been owed and generally the taxability of the goods or services is the same.
The State of Colorado imposes both a sales tax and a use tax. The use tax is imposed as a complement to
Colorado sales tax, and is meant to capture revenue on transactions that are not subject to a sales tax as
well as transactions which are more efficient and effective to impose and collect the use tax rather than the
sales tax. The use tax is imposed for the privilege of storing, using, or consuming tangible personal
property in Colorado. In general, whenever a purchaser acquires tangible personal property without paying
sales tax at the time of the sale, they must pay consumer use tax directly to the Department of Revenue. If
an item is exempt from sales tax, it is generally exempt from use tax as well. The Colorado use tax rate is
2.9%, the same as the sales tax rate in Colorado, and use tax is calculated in the same manner as sales
tax.
There are generally three types of use taxes that may be imposed on purchasers:
(1) A Consumer Use Tax;
(2) A Motor Vehicle Use Tax;
(3) A Construction Use Tax levied on building materials.
Consumer Use Tax. The first type of use tax - a consumer use tax - is defined as a "companion" tax for
purchases made where sales tax is not charged. In Colorado, this companion tax is called a consumer use
tax. Typically, a consumer use tax is imposed on transactions that are subject to sales tax, but tax was not
charged. Usually, this occurs when items are purchased out-of-state, ordered through the mail, over the
Internet, or by phone from another state. It is imposed on the use, storage, or consumption of tangible
personal property in the state. The use tax often applies when a company makes a purchase from an out-
of-state seller that is not required to collect sales tax in the purchaser’s state.
Consumer use taxes are imposed by state and local governments for two reasons — to prevent someone
from evading a sales tax by buying goods or taxable services from a non-taxing state and shipping them
into the state that imposes the sales tax. In addition, the use tax protects retailers located in the state or
municipality because it removes the incentive for consumers to shop outside that locality in order to avoid
paying the sales tax.
On June 21, 2018, the United States Supreme Court ruled in a 5-4 decision in South Dakota v. Wayfair,
Inc., et al, that states can generally require an out-of-state seller to collect and remit sales tax on sales to
in-state consumers even if the seller has no physical presence in the consumer's state. Because of this
decision, we do not consider future lost sales taxes from out-of-state retail sales to be material enough to
consider a consumer use tax ballot question. We do not recommend Council consider a Consumer Use
Tax.
Motor Vehicle Use Tax. In general, motor vehicle sales are subject to all state and local sales taxes that
apply within the jurisdiction where the sale occurred. However, in most jurisdictions, sales are exempt from
Page 3 of 4
the local sales tax if the motor vehicle is registered outside of Town. If the vehicle sale is exempt as
described above, the purchaser must pay applicable use tax imposed by the municipality or county in which
the vehicle is registered. If there is no use tax imposed, then the only tax paid is at the State level. Any
applicable use taxes must be paid to the county clerk prior to titling and registration. From a practical
standpoint, jurisdictions that do not have a motor vehicle use tax are unlikely to have new and used
automobile dealerships because a resident purchasing a vehicle within that jurisdiction would have to pay
sales tax vs. purchasing the vehicle outside of the jurisdiction.
Use taxes on motor vehicles can raise a substantial amount of tax. A Motor Vehicle Use Tax would be a
new tax for Avon residents purchasing a vehicle. We do not recommend Council consider a Consumer
Use Tax.
Construction Materials Use Tax. The Town of Avon currently imposes a sales tax on building materials.
The administrative burden of collection is high and not entirely effective because Avon must collect the
sales tax from vendors of construction materials and not the contractors or property owners. Many of the
construction materials are purchased outside of the Town. In the case of materials purchased outside of
Town and brought into Town by the purchaser (owner, general contractor or sub-contractors), the Town
has lost out on the sales tax for those items because it is paid at the location of the retailer.
In the case of materials purchased outside of Town and then delivered by the retailer to the job site, sales
would not be collected by the retailer and the purchaser should remit the sales tax to the Town. However,
due to the “on-your-honor” methodology, the large number of contractors and companies involved, the
amount of records involved, and determining who is ultimately responsible for the tax (the owner, general
contractor or subs), this methodology is very inefficient.
A construction use tax is a form of use tax levied on building materials. The use tax is collected at the time
a building permit is issued. The use tax amount is determined by multiplying the use tax rate by the cost of
the building materials using a predetermined formula. A common method is to determine that the cost of
building materials to be fifty percent (50%) of the total valuation of the construction project. The builder
then provides the building permit to the materials supplier to prove that use tax has already been paid, and
then is exempt from paying a corresponding municipal sales tax in other locations.
A large number of cities and counties in Colorado levy a use tax on building materials including Eagle,
Gypsum, Vail, Steamboat Springs and Grand Junction. See the comparison tables in the presentation.
The benefits of a use tax on construction materials include the following:
(1) fairness in the imposition of the tax;
(2) elimination of unfair competition using tax rates as a reason to shop outside of Avon;
(3) easing of the administrative burden of collection;
(4) nexus of construction to community housing needs;
FINANCIAL CONSIDERATIONS: Based on the Town’s 10-year average of the total value of building
construction of $32,772,355, a 4% use tax on construction materials would have generated an average of
$655,447 per annum in revenue. It should be noted that because the Town (excluding The Village (at
Avon)) has only a few remaining vacant parcels for large potential developments remaining, the level of use
tax from the past ten years might not be an accurate representation of the potential use tax that might be
realized in the future. Redevelopment of East Avon Town Center and other underdeveloped properties in
the Town core may provide additional use tax revenues.
Page 4 of 4
The timing of the remittance of a use tax versus what was actually collected in sales tax on construction
materials makes it very difficult to compare fiscal years. However, an average of the past seven years
indicates that the Town has actually collected an average of $399,446 per year with 2020 collections at
$537,553 representing almost 6% of total sales tax collections.
Village At Avon (Traer Creek Metro District). The Consolidated Amended and Restated Annexation and
Development Agreement (“CARADA”) specifically contemplates that the Town may, at some point, impose
a use tax. In the event a use tax is imposed, a corresponding “use tax credit” will automatically be applied
to any transaction subject to the use tax. The CARADA also contemplates that Traer Creek may impose a
building materials fee if the Town imposes a use tax. The CARADA is silent as to whether the building
materials fee must be used for the same purposes as the use tax. The CARADA does provide the Town
must coordinate with Traer Creek regarding the implementation of any use tax, so the Town will need to
further explore the building materials fee with Traer Creek.
SAMPLE BALLOT LANGUAGE: Sample ballot language is included with this Report which would dedicate
100% of the revenues of a Use Tax to the Community Housing Fund. The use of these funds is broadly
written to encompass all potential investments and expenditures related to Community Housing.
OPTIONS: As an option to the sample ballot language contained in Attachment B, Council may consider
retaining a portion of the use tax in the General Fund to be used for any legal purpose as a way to offset
the amount of sales tax on construction materials that will no longer be collected in that manner. As
discussed above, that amount in 2020 equates to approximately 6% of gross sales tax revenues or a total
of $537,553.
Another option regarding the use tax on construction materials would include not specifically earmarking
the funds and leave the appropriation of the funds up to the discretion of the Town Council.
RECOMMENDATION: We recommend that Council provide direction regarding the possible adoption,
either by resolution or by ordinance, of a construction materials use tax ballot question to be certified to the
Eagle County Clerk and Recorder for inclusion in the November 2, 2021 general election. Direction should
include addressing the options above.
TOWN MANAGER’S RECOMMENDATION: I recommend that Council consider approving the ballot
question as presented with 100% of the revenues to be dedicated to Community Housing. In my
experience working with ballot questions for new taxes, voters will more likely support a new tax that is
dedicated to a pressing community need. Presenting the Use Tax as a new tax to support Community
Housing is simple and easy for the general public to understand and I expect would resonate with the
community based on the current housing shortage. The Sales Tax on construction materials collected in
2020 amounts to 2.9% of the General Fund operating revenues. Considering the magnitude and scope of
housing as well as the need to generate significant sums to leverage with regional partners and state and
federal grant funds, Council should be striving for annual revenues to be dedicated or allocated towards
Community Housing in the range of $1 million to $2 million.
Thank you, Scott, Paul and Eric
ATTACHMENTS:
Attachment A - Ordinance No. 2002-18
Attachment B - Sample Use Tax Ballot Question
TOWN OF AVON
ORDINANCE NO. 02-18
SERIES OF 2002
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows:
a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX."
b) 43.08.020. Taxable items. A new subpart D. is added to state as follows:
D. Upon the purchase price paid for or the acquisition costs of
construction materials brought within the boundaries of the town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real
property in the town."
c) 43.08.030. Sales tax levy.
i) The title of §3.08.030 is changed to state "Sales and use tax levy."
ii) Section 3.08.030C is repealed and reenacted to state as follow:
The retailer shall add the sales tax imposed hereto to the sale or charge of the
item sold, showing such tax as a separate and distinct item, and, when added,
such tax shall constitute a part of such price or charge, shall be a debt from the
purchaser to the retailer until paid and shall be recoverable at law in the same
manner as other debts."
iii) A new subpart E. is added to state as follows:
E. (1) A use tax of four percent is imposed upon the purchase price paid for
or the acquisition costs of construction materials brought within the
boundaries of the town for the purpose of being used to build, construct,
reconstruct, alter, expand, modify or improve any building, dwelling or other
structure or improvement to real property in the town.
1
ATTACHMENT A
2)(a) Any person who shall build or improve any dwelling or other
structure or improvement to realty within the town, including underground
improvements, and who shall purchase the necessary construction materials
needed therefor from any source inside or outside of the town, shall remit to
the Finance Director prior to the issuance of any building permit for such
improvement full payment of the use tax, to be calculated as provided herein.
The full amount of the use tax shall be due and payable at the time that the
applicable building permit is issued. The estimate of the cost of the
construction materials shall be determined by the Town Building Official in
the manner set forth below, and the amount of the tax shall be subject to
adjustment if the actual cost of the construction materials needed for the
improvement is either less than or greater than the estimate. Upon payment of
the use tax, the Finance Director shall issue the taxpayer a receipt identifying
the property that is the subject of the tax and the building permit number.
b) For the purpose of calculating the amount of the use tax as
provided for herein, the value of the construction materials in the
improvement shall be estimated to be equal to fifty percent of the total value
of the improvement as determined by the Building Official for building permit
purposes. The use tax obligation shall be an amount equal to four percent of
such estimated value of the construction materials.
c) If it is determined by the Finance Director through audit or other
means that the actual cost of the construction materials for the improvement is
greater than the estimate on which the tax was based, and that additional tax is
owing, then the Finance Director shall make a demand to the taxpayer for the
additional use tax owed together with interest calculated pursuant to §
3.08.353; provided, in no case may the Finance Director make a claim for
amounts due more than three years after a certificate of occupancy or final
inspection approval has been issued by the town for the improvement. A
taxpayer's failure to honor the Finance Director's claim for additional tax due,
as set forth in this paragraph, shall constitute a violation of this chapter.
3) All use tax funds collected by the Town in accordance with the
provisions of this chapter shall be appropriated and spent solely for
transportation and recreation capital projects and services and infrastructure
related thereto."
d) & 3.08.320. Sales tax - Credit for sales or use taxes previously paid to
another municipality.
i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit
for sales or use taxes previously paid to another municipality."
ii) Section 3.08.320 is repealed and reenacted to state as follow:
2
ATTACHMENT A
For transactions consummated on or after January 1, 1986, the town's sales tax shall
not apply to the sale of tangible property at retail or the furnishing of services if the
transaction was previously subjected to a sales or use tax lawfully imposed on the
purchaser or user by another statutory or home rule municipality equal to or in excess
of that provided for in Section 3.08.030. A credit shall be granted against the town's
lawfully imposed local sales or use tax previously paid by the purchaser or user to the
previous statutory or home rule municipality. The amount of the credit shall not
exceed the town's sales or use tax imposed pursuant to Section 3.08.030."
Section 2. Section 3.08.035 of the Avon Municipal Code is amended as follows:
3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there
shall be granted to each person owing 1) the sales tax on sales consummated within
The Village (at Avon) or 2) the use tax on the purchase price paid or the acquisition
costs of construction materials brought within the boundaries of the Town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real property
within The Village (at Avon) a temporary tax credit against collection of the tax equal
to the amount of any retail sales or use fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit shall shall
be granted subsequent to termination of the collection of the retail sales fees and use
fees terminate pursuant to the Annexation and Development Agreement for The
Village (at Avon). Neither the ability of the Town to grant the temporary tax credit
nor the termination of the credit shall constitute a tax increase, the imposition of a
new tax or a tax policy change."
Section 3. Election and Effective Date.
Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax
increase provided in this ordinance to the qualified electors of the Town for approval at the
regular Town election scheduled for November 5, 2002. If approved by a majority of the
electors voting thereon, this ordinance shall become effective when the Town Clerk or other
designated election official duly files the required certificate of election, or on January 1,
2003, whichever occurs last.
Section 4. Ballot Title and Question.
The ballot title and question submitted to the electors shall be
as follows:
ATTACHMENT A
SHALL TOWN OF AVON TAXES BE INCREASED $1.6
MILLION ($1,600,000) ANNUALLY IN 2003, AND BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A
FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF
USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS, SUCH USE TAX
REVENUES TO BE APPROPRIATED AND SPENT
SOLELY FOR TRANSPORTATION AND RECREATION
CAPITAL PROJECTS AND SERVICES AND
INFRASTRUCTURE RELATED THEREO, ALL IN
ACCORDANCE WITH ORDINANCE NO. 02-18 ADOPTED
BY THE TOWN COUNCIL; AND SHALL THE REVENUES
COLLECTED FROM SUCH TAX AND ANY EARNINGS
FROM THE INVESTMENT OF SUCH REVENUES BE
COLLECTED AND SPENT AS A VOTER APPROVED
REVENUE CHANGE AND AN EXCEPTION TO THE
LIMITS WHICH WOULD OTHERWISE APPLY UNDER
ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this 9th day of July, 2002, and a public hearing on
this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the 27th day of August, 2002, at 5:30 p.m. in the Municipal Building of the
Town of Avon, Colorado.
TOWN OF AVON, COLORADO:
ATT
To Cl rk
yor
4
ATTACHMENT A
INTRODUCED, APPROVED ON SECOND READING, AND ORDERED
PUBLISHED AND POSTED this 27th day of August, 2002.
TOWN OF AVON, COLORADO:
Jyor
ATT
oc-
To Cl rk EARS
APPROVED AS TO FORM:
Town ttorney
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 27TH DAY OF AUGUST
2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 23rd day of August 2002.
TOWN OF AVON, COLORADO
BY: P ! "lc/
Patty Yel envy
Town Cie&
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 23, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 13TH DAY OF AUGUST
2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 6`" day of August, 2002.
TOWN OF AVON, COLORADO
BY: 201 /~c
Pa " cKenn
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 6, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23RD DAY OF JULY 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction
Materials
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 19th day of July, 2002.
TOWN OF AVON, COLORADO
BY: c
Pay c envy
Town erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 19,2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
ORDINANCE NO. 02-18
gad
SERIES OF 2002
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows:
a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX."
b) 43.08.020. Taxable items. A new subpart D. is added to state as follows:
D. Upon the purchase price paid for or the acquisition costs of
construction materials brought within the boundaries of the town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real
property in the town."
c) 43.08.030. Sales tax levy.
i) The title of §3.08.030 is changed to state "Sales and use tax levy."
ii) Section 3.08.030C is repealed and reenacted to state as follow:
The retailer shall add the sales tax imposed hereto to the sale or charge of the
item sold, showing such tax as a separate and distinct item, and, when added,
such tax shall constitute a part of such price or charge, shall be a debt from the
purchaser to the retailer until paid, and shall be recoverable at law in the same
manner as other debts."
iii) A new subpart E. is added to state as follows:
E. (1) A tax of four percent is imposed upon the purchase price paid for or
the acquisition costs of construction materials brought within the boundaries
of the town for the purpose of being used to build, construct, reconstruct, alter,
expand, modify or improve any building, dwelling or other structure or
improvement to real property in the town.
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
2) Any person who shall build or improve any dwelling or other structure
or improvement to realty within the town, including underground
ATTACHMENT A
improvements, and who shall purchase the necessary construction materials
needed therefore from any source inside or outside of the town, shall keep all
invoices and statements regarding such materials from both the general and
subcontractors, along with a summary sheet showing such purchases, and
shall, on or before the tenth day of each succeeding month following the start.
of construction, file a return with the Finance Director, to which he shall
attach such invoices, statements and. summary for the construction materials
purchased the previous month, and . shall thereupon pay to the Finance
Director the full amount of the use tax due thereon for the preceding month or
months. Any failure to preserve such statements and invoices, and to make
such return and payment of such use tax, shall be deemed a violation of this
chapter. The full amount of any use tax due and not paid for construction
materials shall be a lien upon the real property benefited by such
improvements, and the Finance Director is authorized to file a notice of such
lien with the County Clerk and Recorder.
3)(a) Any person who shall build or improve any dwelling or other
structure or improvement to realty within the town, including underground
improvements, and who shall purchase the necessary construction materials
needed therefore from any source inside or outside of the town, may, at such
person's option, remit a deposit to the Finance Director prior to the issuance
of any building permit for such improvement, such deposit to insure and
indemnify the town for the amount of use tax due. The amount of the deposit
shall be based upon an estimate of the use tax to be payable on the
construction materials used for the improvement. Such estimate shall be
made, and such deposit shall be paid, at the time that the applicable building
permit is issued. The estimate of the cost of the construction materials shall
be determined by the Town Building Official, and the estimate shall be
subject to adjustment if the actual cost of the construction materials needed for
the improvement is either. less than or greater than such estimate. If the
taxpayer elects the deposit procedure set forth in this subsection (3), then the
provisions of subsection (2) hereof shall be waived. Upon payment of the
deposit as set forth herein, the Finance Director shall issue the taxpayer a
receipt identifying the property that is the subject of the deposit and the
building permit number.
b) For the purpose of calculating the amount of the deposit as
provided for herein, the value of the construction materials in the
improvement shall be estimated to be equal to fifty percent of the total value
of the improvement as determined by the Building Official for building permit
purposes. The deposit shall be in the amount of four percent of such estimated
value of the construction materials.
c) If it is determined by the Finance Director that the actual cost of
the construction materials for the improvement is.greater than the estimate
therefore, and that the amount of the use tax deposit is not sufficient to
2
ATTACHMENT A
provide for full payment of the use tax, then the Finance Director shall make a
demand to the. taxpayer for the additional use tax owed; provided, in no case
may the Finance Director make a claim for amounts due over and above the
amount of the deposit more than three years after a certificate of occupancy or
final inspection approval has been issued by the town for the improvement. A
taxpayer's failure to honor the Finance Director's claim for additional tax due,
as set forth in this paragraph, shall constitute a violation of this chapter.
d) If it is determined by the Finance Director that the deposit is
sufficient to provide for full payment of the use tax, then the deposit shall be
used to pay the amount of the use tax due. If the Finance Director determines
that the amount of the deposit is in excess of the use tax owned, then he shall
return any excess amount of the deposit to the person who made the deposit
within thirty days of such determination.
4) If a taxpayer purchases construction materials subject to the use tax
imposed herein from a vendor possessing a valid Town of Avon retail sales
tax license, and if he pays the town's sales tax at the time of purchase of such
construction materials, then he shall be entitled to a credit, to the extent of
such sales tax paid, to be applied to the amount of use tax owed.
5) Construction materials subjected at the time of purchase to a sales or use
tax lawfully imposed on the purchaser by another statutory or home rule
municipality in the State of Colorado, if taxed at a rate equal to or greater than
the four percent rate provided for herein, are exempted from the Town of
Avon's use tax. If the rate of the sales or use tax imposed by such other
Colorado statutory or home rule municipality is less than four percent, the
difference between the tax due under this chapter and the tan paid by the
purchaser shall be due to the Town of Avon, and shall be remitted to the
Finance Director.
6) All use tax funds collected by the Town in accordance with the
provisions of this chapter shall be appropriated and spent solely for
transportation and recreation capital projects and services."
d) 4 3.08.320. Sales tax - Credit for sales or use taxes previously paid to
another municipality.
i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit
for sales or use taxes previously paid to another municipality."
ii) Section 3.08.320 is repealed and reenacted to state as follow:
For transactions consummated on or after January 1, 1986, the town's sales tax shall
not apply to the sale of tangible property at retail or the furnishing of services if the
transaction was previously subjected to a sales or use tax lawfully imposed on the
3
ATTACHMENT A
purchaser or user by another statutory or home rule municipality equal to or in excess
of that provided for in Section 3.08.030. A credit shall be granted against the town's
lawfully imposed local sales or use tax previously paid by the purchaser or user to the
previous statutory or home rule municipality. The amount of the credit shall not
exceed the town's sales or use tax imposed pursuant to Section 3.08.030."
Section 2. Election and Effective Date.
Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax
increase provided in this ordinance to the qualified electors of the Town for approval at the
regular Town election scheduled for November 5, 2002. If approved by a majority of the
electors voting thereon, this ordinance shall become effective when the Town Clerk or other
designated election official duly files the required certificate of election, or on January 1,
2003, whichever occurs last.
Section 3. Ballot Title and Question.
The ballot title and question submitted to the electors shall be
as follows:
SHALL TOWN OF AVON TAXES BE INCREASED $1.6
MILLION ($1,600,000) ANNUALLY IN 2003, AND. BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A
FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF
USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS, SUCH USE TAX
REVENUES TO BE APPROPRIATED AND SPENT
SOLELY FOR TRANSPORTATION AND RECREATION
CAPITAL PROJECTS AND SERVICES, ALL IN
ACCORDANCE WITH ORDINANCE NO. 01-08 ADOPTED
BY THE TOWN COUNCIL; AND SHALL THE REVENUES
COLLECTED FROM SUCH TAX AND ANY EARNINGS
FROM THE INVESTMENT OF SUCH REVENUES BE
COLLECTED AND SPENT AS A VOTER APPROVED
REVENUE CHANGE AND AN EXCEPTION TO THE
LIMITS WHICH WOULD OTHERWISE APPLY UNDER
ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
YES
4
ATTACHMENT A
NO
Section 4. Repealer.
If the electors approve this ordinance, then on the effective date specified above, all
ordinances or parts of ordinances in conflict herewith are hereby repealed, but only to the extent
of such inconsistency.
Section 5. Severability.
The provisions of this ordinance. are severable, and invalidity of any part shall not affect the
validity or effectiveness of the rest of this ordinance.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of July, 2002, and a public hearing on
this ordinance shallCaie held at t e regular meeting of the Town Council of the Town of Avon,
Colorado on the a3 day of , 2002, at 5:30 p.m. in the Municipal Building of the
Town of Avon, Colorado,,,-
ATT
7,Cp`p
Town lerk
TOWN OF AVON, COLORADO:
Wor
5
ATTACHMENT A
INTRODUCED, APPROVED ON S COND READING, AND ORDERED
PUBLISHED AND POSTED this-'1 %ay of )t,,L-t , 2002.
Q-T~WN OF AVON, COLORADO:
Wor
ATT T:
o C~
To Cle
APPROVED AS TO FORM:
Town Attorney
6
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23R) DAY OF JULY 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction
Materials
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 19th day o
0 F
TOWN OF AVON, COLORADO
SEA L LBY:
Pa Mc envy
LOOA®® To k
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 19, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Scott Wright, Finance Director
Date: August 9, 2002
Re: Use Tax Ordinance
Summary:
On July 9, Council passed on 1st reading a use tax ordinance that levied a 4% use tax on the use,
storage, or consumption of building materials within the Town of Avon. Subsequent to the 1st reading,
there have been several reviews of the various administrative and collection provisions of the ordinance
that were prompted by the Town's Annexation and Development Agreement with the Village at (Avon)
entities. As a result of these reviews, there are changes to the ordinance for 2nd reading as
summarized below:
Section 3.08.030 E. (2) of the original ordinance regarding collection of the use tax has been
changed to reflect that only projects required to have a building permit would be required to
pay a use tax. This change eliminates the reporting and tax burden on individuals with small
home improvement projects that don't require permits and eliminates any consumer use tax
issues from the ordinance.
Sections 3.08.030 E. (2)(a), (b), and (c) of the original ordinance regarding payment of the tax
at the time a building permit is issued have been changed to reflect that the full payment of the
tax is made, rather than a deposit. This change was necessary to remain consistent with the
concept that the use tax is levied at the time a building permit is issued.
Sections 3.08.030 E. (4) and (5) have been eliminated as duplicative with existing sections of
the existing sales tax code and unnecessary due to the changes above.
Section 3.08.030 E. (3) has been changed to add language allowing the use tax funds to be
used for infrastructure related to transportation and recreation.
Section 3.08.035 has been added to grant a credit against the use tax fee collected by the
Village at (Avon) for permitted projects occurring within the Village.
Page 1
ATTACHMENT A
Town Manager Comments:
Attachments:
Ordinance No. 02-18 - Black Line Version
0 Page 2
ATTACHMENT A
ORDINANCE NO. 02-18
SERIES OF 2002
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
NOW, THH FORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows:
a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX."
b) 43.08.020. Taxable items. A new subpart D. is added to state as follows:
D. Upon the purchase price paid for or the acquisition costs of
construction materials brought within the boundaries of the town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real
property in the town."
c) 43.08.030. Sales tax lees.
i) The title of §3.08.030 is changed to state "Sales and use tax levy."
ii) Section 3.08.030C is repealed and reenacted to state as follow:
The retailer shall add the sales tax imposed hereto to the sale or charge of the
item sold, showing such tax as a separate and distinct item, and, when added,
such tax shall constitute a part of such price or charge, shall be a debt from the
purchaser to the retailer until paid and shall be recoverable at law in the same
manner as other debts."
iii) A new subpart E. is added to state as follows:
E. (1) A use tax of four percent is imposed upon the purchase price paid for
or the acquisition costs of construction materials brought within the
boundaries of the town for the purpose of being used to build, construct,
reconstruct, alter, expand, modify or improve any building, dwelling or other
structure or improvement to real property in the town.
ATTACHMENT A
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7
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2)(a) Any person who shall build or improve any dwelling or other
structure or improvement to realty within the town, including underground
improvements, and who shall purchase the necessary construction materials
needed therefore from any source inside or outside of the town, may, a4 sueh
p , shall remit a depesit to the Finance Director prior to the
issuance of any building permit for such improvement full payment of the use
tax, to be calculated as provided herein ,
the tew f - the ° nt of use tax a--° The full amount of the depesit use tax
shall be due and navable base' ueea an estimate of the use tam to be ~
paid, be made, and sueh depesit shall be at the time that the applicable
building permit is issued. The estimate of the cost of the construction
materials shall be determined by the Town Building Official in the manner set
forth below, and the °e amount of the tax shall be subject to adjustment
if the actual cost of the construction materials needed for the improvement is
either less than or greater than seeh the estimate. if the taxpa~,er- eleets
depesit pr-eeedufe set feAh in this s-74-4b- Se e t i An (3), then the pmvisiefls 0
subseetien (2) her-eef shall be waived-. Upon payment of the use tax depesit-as
t f fth h, the Finance Director shall issue the taxpayer a receipt
identifying the property that is the subject of the depesit tax and the building
permit number.
b) For the purpose of calculating the amount of the depesit use tax as
provided for herein, the value of the construction materials in the
improvement shall be estimated to be equal to fifty percent of the total value
of the improvement as determined by the Building Official for building permit
purposes. The depesit use tax obligation shall berme an amount of equal to
four percent of such estimated value of the construction materials.
2
ATTACHMENT A
t
c) If it is determined by the Finance Director through audit or other
means that the actual cost of the construction materials for the improvement is
greater than the estimate on which the tax was based tie, and that
additional tax is owing then nt of the use tax depe,it ; net suf- ei°nt t„
P=ovide f r- full payment of the • ° to*, then the Finance Director shall make a
demand to the taxpayer for the additional use tax owed together with interest
calculated pursuant to & 3.08.353; provided, in no case may the Finance
Director make a claim for amounts due over and above the amount of the
deposit more than three years after a certificate of occupancy or final
inspection approval has been issued by the town for the improvement. A
taxpayer's failure to honor the Finance Director's claim for additional tax due,
as set forth in this paragraph, shall constitute a violation of this chapter.
d) if it is determined b the Fi Di t A .th t th dyeereeer
ns.Ffinient to i tde file ot~'full ao th
a epoe
1.1°nit ..1. 11thri:r-ciiczacy use en
used -te the-amount ef the-use-ta if th Fide
e
Di t d tpyexunanee
that the n nt ofthe .7e se tnvesit is in xeess ofth
r-es er e er es
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nTftn.,4 1,asu~e titcS t t ttbilthr..i
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th
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ee o esveresaa
ti f h chtthfxense~r pays oi~ne s aax e-me-pttm ase o su
eenstmetien materSAn[GI ls, then j.,he shall be entitled te-a er-edit, to-LYYl7 extente
su.eh nnl°n tn„ p i.af t o ben pl ied to theamount o f use tnv e e
straetien m5) G-bjet alateri t th ti f t
tax-lawfWl im osed
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3) All use tax funds collected by the Town in accordance with the
provisions of this chapter shall be appropriated and spent solely for
transportation and recreation capital projects and services and infrastructure
related thereto."
d) § 3.08.320. Sales tax - Credit for sales or use taxes previously paid to
another municipality.
i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit
for sales or use taxes previously paid to another municipality."
3
ATTACHMENT A
ii) Section 3.08.320 is repealed and reenacted to state as follow:
For transactions consummated on or after January 1, 1986, the town's sales tax shall
not apply to the sale of tangible property at retail or the furnishing of services if the
transaction was previously subjected to a sales or use tax lawfully imposed on the
purchaser or user by another statutory or home rule municipality equal to or in excess
of that provided for in Section 3.08.030. A credit shall be granted against the town's
lawfully imposed local sales or use tax previously paid by the purchaser or user to the
previous statutory or home rule municipality. The amount of the credit shall not
exceed the town's sales or use tax imposed pursuant to Section 3.08.030."
Section 2. Section 3.08.035 of the Avon Municipal Code is amended as follows:
3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there
shall be granted to each person owing 1) the sales tax on sales consummated within
The Village (at Avon) or 2) the use tax on the purchase price paid or the acquisition
costs of construction materials brought within the boundaries of the Town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real property
within The Village (at Avon) a temporary tax credit against collection of the tax equal
to the amount of any retail sales or use fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit shall shall
be granted subsequent to termination of the collection of the retail sales fees and use
fees terminate pursuant to the Annexation and Development Agreement for. The
Village (at Avon). Neither the ability of the Town to grant the temporary tax credit
nor the termination of the credit shall constitute a tax increase, the imposition of a
new tax or a tax policy change_" .
4
ATTACHMENT A
Section 2 3. Election and Effective Date.
Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax
increase provided in this ordinance to the qualified electors of the Town for approval at the
regular Town election scheduled for November 5, 2002. If approved by a majority of the
electors voting thereon, this ordinance shall become effective when the Town Clerk or other
designated election official duly files the required certificate of election, or on January 1,
2003, whichever occurs last.
Section -3 4. Ballot Title and Question.
The ballot title and question submitted to the electors shall be
as follows:
SHALL TOWN OF AVON TAXES BE INCREASED $1.6
MILLION ($1,600,000) ANNUALLY IN 2003, AND BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A
FOUR PERCENT (4%) USE. TAX ON THE PRIVILEGE OF
USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS, SUCH USE TAX
REVENUES TO BE APPROPRIATED AND SPENT
SOLELY FOR TRANSPORTATION AND RECREATION
CAPITAL PROJECTS AND SERVICES AND
INFRASTRUCTURE RELATED THEREO, ALL IN
ACCORDANCE WITH ORDINANCE NO. 01 08 02-18
ADOPTED BY THE TOWN COUNCIL; AND SHALL THE
REVENUES COLLECTED FROM SUCH TAX AND ANY
EARNINGS FROM THE INVESTMENT OF SUCH
REVENUES BE COLLECTED AND SPENT AS A VOTER
APPROVED REVENUE CHANGE AND AN EXCEPTION
TO THE LIMITS WHICH WOULD OTHERWISE .APPLY
UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
5
ATTACHMENT A
if the-eleeter-s fie-this -ewee, then en the-effies4ive date spesified abeve, all
er,dinamees or- aAs of ` r-di anew in ` enfl et herewith are hereby eale a but enAy to the °40..4
The provisions of tMs " -difial}se-ar~aei bleu and invalidity of an pap shall not a ff `.t thee
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this 9th day of July, 2002, and a public hearing on
this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the 23rd day of July, 2002, at 5:30 p.m. in the Municipal Building of the Town
of Avon, Colorado.
TOWN OF AVON, COLORADO:
Mayor
ATTEST:
Town Clerk
6
ATTACHMENT A
INTRODUCED, APPROVED ON SECOND READING, AND ORDERED
PUBLISHED AND POSTED this _ day of , 2002.
TOWN OF AVON, COLORADO:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
7
ATTACHMENT A
SAMPLE USE TAX BALLOT QUESTION
SHALL TOWN OF AVON TAXES BE INCREASED $____ MILLION ($____________)
ANNUALLY IN 2022, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX
ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION
MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY
FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING THE
ACQUISITION OF LAND FOR HOUSING, CONSTRUCTION OF HOUSING, EXTENSION
OF PUBLIC INFRASTRUCTURE TO SERVE HOUSING DEVELOPMENT, PURCHASE OF
DEED RESTRICTIONS, DOWNPAYMENT ASSISTANCE PROGRAMS, AND
PARTNERSHIP WITH PUBLIC AND PRIVATE ENTITIES TO DEVELOP COMMUNITY
HOUSING, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS AND POLICIES AS
MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN ACCORDANCE WITH
ORDINANCE NO. 21-____ ADOPTED BY THE TOWN COUNCIL; AND SHALL THE
REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER
APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD
OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW.
ATTACHMENT B
Use Tax Presentation
May 10, 2022
Purpose of Report
●Revisit Possible Use Tax Ballot Question
●Present Revisions to Previous Year’s Report
●Answer Questions and Receive Direction
Use Tax Presentation | July 13, 2021
Background
PREVIOUS INITIATIVES
●In 2002 a 4% Construction Use Tax Submitted
to TOA Voters
●Ballot Language Earmarked the Tax to be
“spent solely for transportation and recreation
capital projects and services and infrastructure
related thereto”
●Question Failed To Pass with 379 In Favor and
573 Against.
Use Tax Presentation | July 13, 2021
Construction Use Tax
•Use Tax Would Be Collected at Time of Building
Permit
•Tax Based on Predetermined Formula. Common
Method to Use 50% of Construction Value
•Builder Exempt from Paying Further Sales Taxes
on Materials Related to the Permit
•$50,000 exemption on small building permits
•Avon is the Only Jurisdiction in Eagle County
Without a Construction Use Tax
Use Tax Presentation | July 13, 2021
Sales Tax | Use Tax percentages in Eagle County
Use Tax Presentation | July 13, 2021
4% | 0%
This map shows “% Sales Tax | % Use Tax” for each Town.
Town of Avon is the odd town in Eagle County with no use tax.
Eagle
4% | 4%
Minturn
4% | 4%
Vail
4% | 4%
Red Cliff
3% | 3%
Gypsum
4% | 3%
Sales Tax | Use Tax percentages
Use Tax Presentation | July 13, 2021
Town Sales Tax (city) Use Tax
Crested Butte 4.00% 4.50%1/4.00%2
Steamboat Springs 4.50% 4.50%12
Rifle 4.25% 4.25%12
Eagle 4.00% 4.00%1
Fraser 4.00% 4.00%12
Grand Lake 4.00% 4.00%12
Grandby 4.00% 4.00%12
Minturn 4.00% 4.00%1
Vail 4.00% 4.00%1
Parachute 3.75% 3.75%1
Glenwood Springs 3.70% 3.70%12
Carbondale 3.50% 3.50%12
Grand Junction 2.75% 3.25%12
Fruita 3.00% 3.00%12
Gypsum 4.00% 3.00%1
Mount Crested Butte 5.00% 3.00%1
Red Cliff 3.00% 3.00%1
Silt 3.00% 3.00%12
Alma 3.00% 2.00%2
De Beque 2.00% 2.00%1
Hayden 4.00% 2.00%1
New Castle 3.50% 2.00%1
Yampa 2.00% 2.00%12
Aspen 2.40% 0.00%
Avon 4.00% 0.00%
Blue River 2.50% 0.00%
1 Construction Materials
2 Motor Vehicles / Trailers
Breckenridge 2.50% 0.00%
Buena Vista 2.50% 0.00%
Collbran 2.00% 0.00%
Como 1.00% 0.00%
Dillon 2.50% 0.00%
Fairplay 4.00% 0.00%
Frisco 2.00% 0.00%
Gunnison 1.00% 0.00%
Hartsel 1.00% 0.00%
Hot Sulphur Springs 4.00% 0.00%
Keystone 0.75% 0.00%
Kremmling 4.00% 0.00%
Marble 2.00% 0.00%
Montezuma 2.00% 0.00%
Oak Creek 3.00% 0.00%
Palisade 2.00% 0.00%
Pitkin 3.00% 0.00%
Poncha Springs 2.00% 0.00%
Salida 3.00% 0.00%
Silverthorne 2.00% 0.00%
Snowmass Village 3.50% 0.00%
Winter Park 5.00% 0.00%
Construction Use Tax
•Advantages of a Construction Use Tax
•Provides fairness and simplicity in the imposition of the tax
•Eliminates tax rates as a reason to purchase building materials outside of Avon
•Reduces tax liabilities for sub-contractors
•Retains tax dollars in the community where the burden on Town facilities and services is placed
•Eases the administrative burden of collection;
Use Tax Presentation | July 13, 2021
Construction Use Tax
•Use Tax Statistics
$32,772,355 –Ten-year Average of Total Building Construction Value
Based on Above, 4% Use Tax Would Generate $610,603 Per Annum
•Sales Tax Statistics
$399,446 -Seven-year Average of Actual Sales Taxes Collected
$537,553 Actual 2020 Sales Tax Collections, or 5.8% of Total
Use Tax Presentation | July 13, 2021
Traer Creek
•Imposition of Use Tax on building materials shall be automatically applied to any sale within
The Village (at Avon) through increase in the Credit PIF.
•The Credit PIF increase shall be proportionate to the Use Tax.
•Purchases made within The Village (at Avon) shall receive a tax credit against the Town’s
Use Tax in the amount equal to an any increase in the Credit PIF resulting from an imposition
of the Use Tax.
•The Town may amend its Municipal Code to reflect the automatic tax credit for use tax, but
such an amendment shall not be required to implement the Tax Credit.
•Prior to adopting any such use tax, the Town shall coordinate with Traer Creek regarding the
implementation the Use Tax/Credit PIF/Tax Credit.
•Increase in the Credit PIF shall not be taxable by the Town.
Use Tax Presentation | July 13, 2021
Traer Creek –Section 6.4(v) pf CARDA
Sample Ballot Question
SAMPLE BALLOT QUESTION
SHALL TOWN OF AVON TAXES BE INCREASED $____MILLION ($____________)ANNUALLY IN 2022,AND BY WHATEVER
ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER,BY THE IMPOSITION OF A FOUR PERCENT (4%)USE TAX
ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS,SUCH USE TAX REVENUES
TO BE APPROPRIATED AND SPENT FOR ANY MUNICIPAL PURPOSE,IN ACCORDANCE WITH SUCH TERMS,CONDITIONS AND
POLICIES AS MAY BE ADOPTED BY THE AVON TOWN COUNCIL,ALL IN ACCORDANCE WITH ORDINANCE NO. 21-____
ADOPTED BY THE TOWN COUNCIL;AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM
THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN
EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X,SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW.
Use Tax Presentation | July 13, 2021
Ballot Question Timeline
•Requires voter authorization under TABOR.
•Fair Campaign Practices Act limits Town’s ability promote ballot
question after ballot title is fixed
Use Tax Presentation | July 13, 2021
Aug 9 Aug 23 Nov 8Sept 7
Election DayLast day for Town
to certify the ballot
content
Last regularly
scheduled Council
Meeting to adopt
Resolution
Last day to introduce
Ordinance to refer
ballot question and
self-execute
implementation
Thank You
Use Tax Presentation | May 10, 2022
Scott Wright
Finance Director
swright@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Jena Skinner, Senior Planner
RE: Hidden Valley Estates Record of Decision
SUB23001 Subdivision Preliminary Plan & Plat
Development Bonus Request
DATE: June 9, 2022
SUMMARY: This report reflects the attached Record of Decision for case SUB23001 Hidden Valley
Estates. This Record of Decision captures the both the findings the Town Council (“Council”) made at the
May 23rd, 2023 hearing for Hidden Valley Estates (Tract Y) Community Housing Project, and importantly
captures the “new” Development Bonus request outcome, which are captured through a Record of
Decision.
Thanks, Jena
Record of Decision: SUB23001 Page 1 of 2
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARINGS: May 23, 2023 (Town Council)
May 16, 2023 (PZC)
TYPE OF APPLICATION: Subdivision Preliminary Plan and Final Plat; Development Bonus
PROPERTY LOCATIONS: 0382 Metcalf Road; Mountainstar Filing 3, Tract Y
Hidden Valley Estates Community Housing Project
FILE NUMBER: SUB23001
APPLICANT: Steven MacDonald (now Hidden Valley Development, LLC)
represented by Bobby Ladd, RAL Architects
This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c):
DECISION: SUB23001: Approved With Conditions
Development Bonus Request: Approved
FINDINGS:
1. SUBDIVISION PRELIMINARY PLAN CRITERIA: § 7.16.070(e), Preliminary Plan:
The application was reviewed in conformance with § 7.16.070(e), Preliminary Plan and this
application is found to be generally consistent with the criteria of this Section.
2. SUBDIVISION FINAL PLAT CRITERIA: § 7.16.070(f), Final Plat:
The application was reviewed in conformance with § 7.16.070(f), Final Plat and this application is
found to be generally consistent with the criteria of this Section.
3. GENERAL PROCEDURES & REQUIREMENTS CRITERIA: § 7.16.010(f)(1), Review Criteria:
The applications were reviewed in conformance with § 7.16.010(f)(1), and these applications are
found to be consistent with the criteria of this Section.
4. DEVELOPMENT BONUS CRITERIA § 7.16.170(a) Review Criteria
The applications were reviewed in conformance with § 7.16.170(a), and this application is found to
be generally consistent with the criteria of this Section.
CONDITIONS (SUB23001):
1. Engineering documents addressing site access, installation of utilities, drainage structures,
snow storage improvements, debris flow structures, and floodplain analysis, shall be required
and approved to the satisfaction of the Director of Public Works prior to the issuance of the
initial construction permit (e.g., grading or building permit).
2. Utility Verification and or any agreements with the ERWSD or Upper Eagle Regional Water
Authority are required prior to the recording of the Final Plat.
3. Community Housing Deed Restrictions as set forth in the Development Agreement are
required to be finalized prior to the recording of the Final Plat and in place prior to closing on
any unit.
Record of Decision: SUB23001 Page 2 of 2
4. All deed restrictions are subject to approval and annual compliance review by the Town of
Avon, unless enacted by an outside housing authority.
5. The executed Final Plat and the Declarations and Covenants must be reviewed and approved
by Staff (e.g., Town Attorney) prior to recording.
6. Site Improvement Agreement and revised Development Agreement shall be finalized prior to
recording the Final Plat.
7. The Final Plat must be fully executed prior to the issuance of the initial construction permit
(e.g., grading or building permit).
8. The Applicants shall participate in any studies or similar in conjunction with the Town of Avon
concerning future pedestrian or public transportation improvements, relative to this project
location.
9. ILCs are required for all structures as required by the Avon Municipal Code Section 15.10.060.
DEVELOPMENT BONUS REQUEST: Approval for the proposed external/master perimeter lot setbacks as
well as internal lot setbacks, as requested in the application.
APPROVED JUNE 13, 2023 by the AVON TOWN COUNCIL
By: Attest:
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
AVON REGULAR MEETING MINUTES
TUESDAY MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and using zoom.us. Mayor Amy
Phillips called the May 23, 2023 Council regular meeting to order at 5:11 p.m. A roll call was taken, and
present were Councilors Chico Thuon, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro
Tem Tamra Underwood. Councilor RJ Andrade joined the meeting at 5:51 p.m. Councilor Rich Carroll was
absent. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager
Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva,
Police Chief Greg Daly, Community Development Director Matt Pielsticker, Recreation Director Michael
Labagh, Finance Director Scott Wright and incoming Finance Director Paul Redmond, Cultural Arts and
Special Events Manager Danita Dempsey, Public Works Director Eva Wilson, Public Operations Manager
Gary Padilla, Senior Planner Jena Skinner, and Master Gardener Jessie Sipkovsky.
2. APPROVAL OF AGENDA
Video Start Time: 00:11:55
Mayor Phillips initiated the meeting with the Agenda approval process and requested that two items be
added after public comment and before business item 5.1. The first was a proclamation for years of
service for Joye Gelo, Town of Avon Payroll Administrator. The second was the viewing of the Avon 2022
Year in Review video. With no further discussion, Councilor Thuon presented a motion to approve the
Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 5-0 vote of those
present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:12:52
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:13:02
Mayor Phillips explained that public comment can be made by participating in the meeting in person,
via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment section
is intended for items not listed in the Agenda, and participation by members of the public is limited to
3 minutes. She asked if there was any public comment from those present in the room or on Zoom.
Krista Keiser, resident of Eagle Vail, took the podium to thank Councilor Andrade for his vote against the
flying of the Pride Flag. She referenced a Vail Daily article that covered Council’s vote over the Pride
Flag. She stated disappointment to those Councilors present over the 6-1 vote that she believes doesn’t
represent the Valley and noted it is a good reminder that every vote counts and Council races are
important. She said she is a frequent shopper and diner in Avon, and she finds it difficult to see the Pride
Flag as a representation of her so she will try very hard not to spend her money in Avon when during its
display. She closed her remarks offering a prayer for elected officials to vote differently next year.
Kelly Ricca, resident Eagle Vail, took the podium and read excerpts of a text she attributed to Gays
Against Groomers. Highlights from those excerpts included that years ago Pride was about LGBTQ
people stepping out to show the world they are normal people deserving of equality and marriage
AVON REGULAR MEETING MINUTES
TUESDAY MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
2
rights, but as the years have gone by, the celebration has morphed from one of love and equality to a
raunchy display of overt sexuality and debauchery. She continued to highlight excerpts which included
concern that children are being brought to parades where grown adults are selling sex toys,
inappropriately dressed, and displaying inappropriate behavior. She cautioned that it is not
empowerment and sex positivity, and it is the destruction of innocence. She noted appalment at half-
naked performers taking money from young children like strippers, as kids are being taught how to pole
dance while they are indoctrinated and sexualized in the name of LGBTQ acceptance. She closed
remarks stating that the phenomenon of Pride is on a dark road to legal pedophilia. She then thanked
Councilor Andrade for his vote against displaying the Pride Flag.
Julie Morahan, resident of Eagle, took the podium to thank Councilor Andrade and state the Pride Flag
is political and divisive.
Laurie Diversey, resident of Eagle, took the podium and thanked Councilor Andrade for his
commonsense vote since she believes the Pride Flag is divisive and unfair. She noted it would be nice to
see a heterosexual flag occasionally but is happy to just stick to the American Flag, the Colorado Flag
and the Avon Flag.
Pat Hite, resident from Gypsum, took the podium and thanked Councilor Andrade for voting against the
Pride Flag, noting it shows his great courage and character as a man, to stand up for what he believes
in when the odds are against him.
No other public comment was made in person nor on Zoom.
5. AMENDED BUSINESS ITEMS
5.1. Proclamation for Joye Gelo, Town of Avon Payroll Administrator, for her years of service.
Video Start Time: 00:23:25
Mayor Phillips read a Proclamation for years of service for Joye Gelo, Town of Avon Payroll
Administrator. Mayor Pro Tem Underwood made a motion to approve the Proclamation. Councilor
Hardy seconded the motion. It was approved with a 5-0 vote of those present.
5.2. Viewing of the Avon 2022 Year in Review Video
Video Start Time: 00:27:45
Mayor Phillips directed staff to project the Avon 2022 Year in Review Video for Council. Deputy Town
Manager delivered a brief presentation on the origin of the video, thanking those involved.
6. BUSINESS ITEMS
6.1. Resolution 23-09 Approving USDA Composting Grant Application (Sustainability Coordinator Charlotte
Lin and Deputy Town Manager Patty McKenny)
Video Start Time: 00:31:43
Deputy Town Manager Patty McKenny delivered a presentation related to the USDA Composting Grant
Application. Councilor Stanley asked where compost goes after it is picked up, and Sustainability
Coordinator Sarah Smith Hymes joined the podium to explain composting destination and opportunities
to contract composting in Avon while highlighting climate action impacts.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
3
There was no public comment in person nor on Zoom. Councilor Hardy made a motion to approve the
Proclamation. Councilor Stanley seconded the motion. It was approved with a 5-0 vote of those present.
6.2. Work Session: Water Service SFE Assignments and Future Development (Town Manager Eric Heil and
Planning Director Matt Pielsticker)
Video Start Time: 00:41:22
Town Manager Eric Heil delivered a presentation on Water Service SFE Assignments and Future
Development, accompanied by Planning Director Matt Pielsticker. Heil noted that Steve Coyer and Sarah
Smith-Hymes are both present in the room and Eagle River Water and Sanitation District Board Member
and could also be valuable resources for the work session. Discussion included that land use and future
developments should match water availability, with a comprehensive view on sustainable growth and
with priority for community housing. It also included the value of moving away from water fees based
on the SFE multipliers, and the value of use data to understand baseline measures and areas where
water conservation can be achieved. Mayor Pro Tem Underwood suggested to staff that the Town begin
exploring how best to institutionalize the principle that housing, and water should go together and
requested policy that community housing receive priority access to water allocations.
At 5:51 p.m., Councilor Andrade joined the Council Meeting for its remainder.
After deliberations concluded, Councilors unanimously directed Town Manager Eric Heil to proceed on
Item #1 and request additional SFEs service guarantees and an amendment to the water lease
agreement with the Authority in order to serve two housing projects in the Village (at Avon), and Item
#2 to review Avon’s existing estimates of SFEs to serve current zoning and explore potential policies that
may allocate or prioritize a portion of the remaining available SFEs to Community Housing.
6.3. Public Hearing: Resolution 23-10 Tract Y Subdivision Review and Approval (Planning Director Matt
Pielsticker)
Video Start Time: 01:13:50
Senior Planner Jena Skinner delivered a presentation on the proposal to approve Resolution 23-10 on
behalf of Planning Director Matt Pielsticker. Mayor Phillips highlighted that this is the only public hearing
to be had in the approval process of the Resolution. Deliberations from Councilors included the
assurance that all 53 units that are part of the project will be part of deed restricted housing, as
documented in the Development Agreement, the Public Improvement Agreement, in individualized
covenants for each unit, in the plat and zoning restrictions. Additional topics covered included concerns
on flooding and the 100-year flood standard, drainage, the feasibility of expanding or modifying the
Metcalf ditch, snow accumulation and snow plowing, and use of the conservation easement.
Bobby Ladd, project architect took the podium in representation of Hidden Valley Development, LLC to
answer additional questions from Council and gave a brief historical review of this Development. Mayor
Phillips asked Town staff to explore the addition of pedestrian friendly access to a new bus stop.
Consensus among Councilors indicated support to move forward with the Development. As part of the
public hearing, Mayor Phillips asked for public comment and there was no public comment made in
person nor on Zoom.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
4
Mayor Pro Tem Underwood noted some inconsistencies between the conditions for the development
included in the memo (page 40 of the packet) and in the Resolution (page 143 of the packet), and asked
for the following amendments to the conditions of Resolution 23-10:
1. Engineering approval for the site access, installation of utilities, snow storage plan, flood plain
analysis, debris flow and drainage structures shall be required prior to the issuance of a building permit.
6. PIA Site Improvement Agreement and final Development Agreement shall be finalized prior to
recording the Final Plat.
9. ILCs are required for all structures as required by the Avon Municipal Code Section 15.10.060.
With no further discussion, Mayor Pro Tem Underwood presented a motion to approve Resolution 23-
10, as amended. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those
present.
6.4. Work Session: Review of Trees on Avon Road (Public Works Director Eva Wilson and Master Gardener
Jessie Sipkovsky)
Video Start Time: 02:48:46
Public Operations Manager Gary Padilla delivered a presentation related to the review of trees on Avon
Road on behalf of Town Arborist Joe Gilles. Master Gardener Jessie Sipkovsky delivered a presentation
on the demonstration garden to be deployed at the front of the municipal building, outside the western
facing windows of the Council Chambers.
Deliberations included the pros and cons of using service berries, which feed small animals and do not
attract bears, as well as limited use of Hollyhocks which can become invasive. Additionally, they included
the use of trees to hang holiday lights, suggestions from Councilor Thuon to improve holiday light
esthetics at roundabouts, and a strategy to deal with beaver kill and beavers on the river. Padilla added
that CPW and he are exploring alternatives to relocate the beavers. Mayor Pro Tem Underwood
reminded staff that the electrical transformer at the entrance to the municipal building is unsightly and
was advised that the Town is exploring strategies to get it painted by a local artist. Deliberations also
covered the topic of a $60k award of a grant that will cover 75% of the cost of the demonstration
gardens to be installed in spring of 2024.
6.5. Resolution 23-11 approving the Easement Agreement for Westgate Plaza (Public Works Director Eva
Wilson)
Video Start Time: 03:12:05
Public Works Director Eva Wilson delivered a presentation on Resolution 23-11 for the approval of the
Easement Agreement for Westgate Plaza. Deliberations included the process of inventorying
improvements in the GIS system where Wilson added that GIS data already contains approximately 75%
of drainage assets.
No public comment was made in person nor on Zoom.
After deliberations, Councilor Thuon moved to approve Resolution 23-11. Councilor Stanley seconded
the motion. It was approved with a 6-0 vote of those present.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
5
6. MINUTES
6.1. Approval of May 09, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
Video Start Time: 03:16:40
With no discussion or correction, Councilor Stanley moved to approve the Minutes from May 09,
2023, as presented. Councilor Thuon seconded the motion. They were approved with a 6-0 vote of
those present.
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission May 16 Abstract (Planner 1+ Max Morgan)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. Year in Review Video (Marketing & Communications Manager Elizabeth Wood)
7.4. Food Truck Program Update (Special Events Coordinator Chelsea Van Winkle)
7.5. CC4CA Policy Update (Sustainability Coordinator Sarah Smith Hymes)
7.6. Construction Activity Report (Development Coordinator Emily Block)
7.7. Draft May 3rd Finance Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
7.8. Draft May 16th Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy
Carmichael)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:17:10
Councilor Thuon challenged his fellow Councilors and Town Staff to come up and see the beautiful
views of Wildridge and reminded those present that Wildridge is actually part of Avon’s
community, but its little park is not on par with other parks in Town. He asked that there be
strategic planning on how to improve that park going forward and hoped this remark will ignite
conversation between Public Works Director Eva Wilson and himself on the matter. He then
cautioned that Old Trail Road has excessive speeding of vehicles travelling 40-50 MPH on a small
road, and he worries there will be a deadly statistic. He asked for speed humps and writing tickets.
He mentioned stop signs that existed on that road under Police Chief Bob Ticer that were taken
down. Deliberations included his worry that fellow councilors and the Town Manager don’t go visit
that park, which Mayor Pro Tem Underwood and Councilor Andrade mentioned they do.
Councilor Stanley thanked those public commentators who joined the start of the meeting to voice
their concerns over the display of the Pride Flag. She highlighted that people should attend public
meetings and that she was saddened that they were not present during the deliberations regarding
the Pride Flag. She added that in 2024 she will be asking for Saint P atrick’s flag to be flown on Saint
Patrick’s Day.
Mayor Phillips mentioned that the Council Retreat scheduled for June 20 did not yet have a topic.
With no o bjections from her fellow Councilors, that retreat was cancelled. She then referenced
the Employer’s Council Report that her fellow Councilors will receive on the Town Manager’s
performance and 360 evaluations. Mayor Pro Tem Underwood asked that Council be presented
with a packet containing the previous year’s Town Manager evaluation materials along with these
years, to facilitate their review during the June 6 executive session to be held for that purpose.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 23, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
6
Councilor Hardy asked General Government Manager Ineke de Jong to remind Council and the
public about the Town Clean Up and Sustainability Fair to take place at 1 Lake Street on
Wednesday, M ay 24, 4:30-7:30 p.m.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 08:24 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy.
The most accurate records of the meeting are the audio of the meeting, which is housed in the Town
Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
RJ Andrade
Lindsay Hardy
Ruth Stanley
Chico Thuon
Page 1 of 2
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT
TUESDAY, JUNE 6, 2023
100 MIKAELA WAY – AVON COUNCIL CHAMBERS
1. CALL TO ORDER AND ROLL CALL
ACTION: THE MEETING WAS CALLED TO ORDER BY PZC CHAIRPERSON ANTHONY SEKINGER AT 5:01 PM.
A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE BRAD CHRISTIANSON, BILL GLANER,
ANTHONY SEKINGER, AND OLIVIA COOK. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, DIRECTOR MATT
PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, AND PLANNER 1+ MAX MORGAN.
COMMISSIONER SCHAEFER WAS NOT PRESENT AT THE TIME OF ROLLCALL BUT JOINED THE COMMISSION AT 5:04PM.
COMMISSIONER HYATT WAS NOT PRESENT. THIS WAS THE FIRST PZC MEETING FOLLOWING THE RESIGNATION OF
COMMISSIONER RYAN WOLFFE
2. APPROVAL OF AGENDA
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE MEETING AGENDA . COMMISSIONER SCHAEFER
SECONDED THE MOTION , AND THE MOTION WAS PASSED 5-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
ACTION: T HERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED.
4. PUBLIC HEARING
4.1. AVON DOWNTOWN DEVELOPMENT AUTHORITY PLAN (TOWN MANAGER ERIC HEIL )
PUBLIC COMMENT: NONE
ACTION: COMMISSIONER GLANER MOTIONED TO RECOMMEND THE PLAN TO FORM A DOWNTOWN DEVELOPMENT
AUTHORITY (“DDA”) WITH A CONDITION FOR MORE INFORMATION ON THE IMPACT OF TAX ALLOCATION RELATED TO
THE DDA.
COMMISSIONER COOK REQUESTED THAT THE CONDITION INCLUDE THE DEVELOPMENT AND APPLICATI ON OF A
COMMUNITY HOUSING PLAN AS A MEANS TO TARGET AREAS FOR FUTURE PLANNING AND DEVELOPMENT .
COMMISSIONER SCHAEFER REQUESTED THAT THE CONDITION INCLUDE THE ASSESSMENT OF THE SCOPE OF IMPACT
ON TOWN OF AVON FINANCES AS IT RELATES TO THE DDA, SECONDED THE MOTION, AND THE MOTION PASSED WITH
A 5-0 VOTE .
5. REFERRAL
ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE THE CONSENT AGENDA . THE MOTION WAS SECONDED BY
COMMISSIONER GLANER, AND ALL WERE IN FAVOR. T HE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE.
6. CONSENT AGENDA
6.1. MAY 16, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES
6.2. RECORD OF DECISION HIDDEN VALLEY ESTATES - TRACT Y
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE CONSENT AGENDA . COMMISSIONER SCHAEFER
SECONDED THE MOTION , AND THE MOTION WAS PASSED 5-0.
Page 2 of 2
7. FUTURE MEETINGS
7.1. J UNE 20, 2023
7.2. J ULY 5, 2023 (WEDNESDAY )
8. ADJOURN
THE MEETING WAS ADJOURNED AT 6:28 PM.
THIS MEETING ABSTRACT IS ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE
COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY.
THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE
OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
RESPECTFULLY,
MAX MORGAN
[(970) 748-4049] [gdaly@avon.org]
TO: Honorable Mayor Amy Phillips and Avon Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police Department Disposition on Forfeited Properties for
2022 (Report Only)
DATE: June 13, 2023
SUMMARY:
In accordance with Avon Town Resolution 2000-12, “Section 4. The committee shall, each year, submit a
written report to the Town Council concerning forfeited moneys or property received during the year and an
accounting of how such monies were expended during the year.”
The forfeited monies in the Forfeiture Account can only be used for law enforcement training or equipment
expenditures only. These monies accrue from adjudicated criminal cases or through civil forfeiture
processes.
The opening balance for 2022 was $187.94. There were no receipts or expenditure in 2022.
The closing balance for 2022 was $187.94.
Respectfully Submitted,
Greg Daly
Chief of Police
# # #
970-748-4083 clin@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Charlotte Lin, Sustainability Coordinator
RE: 2023 Recycle Colorado Award for Outstanding Outreach
DATE: June 1, 2023
SUMMARY: On Monday, May 22, the Town of Avon received an “Outstanding Outreach” award from
Recycle Colorado in recognition of its recycling education program, Recycle Together, for the recycling
ordinance that will come into effect on November 1st, 2023.
BACKGROUND: Every year, Recycle Colorado seeks nominations for their Annual Recycling &
Composting Awards. These prestigious awards recognize governmental entities, individuals, companies,
media and organizations for their excellence in recycling and composting. The Outstanding Outreach
Award is given to an individual, media outlet, educational institution (college, university, public/private
school, school district, etc.), municipal entity (city, county, or state government) or nonprofit organization
that in the last year has worked to promote recycling, composting or waste reduction in Colorado. This
could be through a community outreach program or a high -impact story that was covered in the media.
OUTCOME: The Town of Avon’s Recycle Together education campaign was nominated by Walking
Mountains Science Center for the Outstanding Outreach award. The Town of Avon stands out as being the
only mountain town amongst the award winners. While staff is greatly encouraged by this recognition, we
recognize that we will continue the outreach and education efforts both for this year’s November 1 st
recycling ordinance compliance deadline and beyond.
Thank you, Charlotte
(970) 748-4087 ewood@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Elizabeth Wood, Communications Manager
RE: 2022 Website Analytics
DATE: May 30, 2023
SUMMARY: The Town of Avon website (Avon.org) is hosted by Civic Plus, creator of web-based software
for local governments. The software offers easily accessible data through Google Analytics, which can be
synthesized for any time period to understand website user behavior.
In an effort to help Council understand popular pages and searches on the website, below is an overview of
website analytics from January 1, 2022 – December 31, 2022. During that time period, there were 497,999
unique pageviews to our website. A unique pageview represents the number of users visiting a specific
page. During that time period, July 3, 2022 was the most popular day to visit our website, with 10,799
pageviews on our website on that day.
The below chart shows the top-ten most popular pages on our website.
Page Number of Unique Views
Avon.org (Homepage) 64,841
Recreation 33,648
Aquatics 17,894
Salute 15,536
Mobility 15,056
AvonLIVE! 15,024
CASE 14,168
Jobs 12,232
Harry A. Nottingham Park 10,307
Calendar 8,978
Rec Center General Info 8,764
The top search terms during 2022 were as follows:
1. Pickleball (227)
2. Jobs (148)
3. Bus (138)
4. Parking (97)
5. Short Term Rentals (72)
6. Avon Rec Center Anniversary Punch Card Sale (48)
7. Gym (48)
8. Rec Center (47)
9. Events (39)
10. Membership (39)
Thank you, Liz