TC Resolution 23-17 Waving Sales Tax and Building Permit Fees for the Development of Community Housing at Walking Mountainsn
Avon
COLORADO
RESOLUTION 23-17
WAIVING SALES TAX AND BUILDING
PERMIT FEES FOR THE DEVELOPMENT OF
COMMUNITY HOUSING AT WALKING
MOUNTAINS
WHEREAS, Walking Mountains, with an address of PO Box 2181, Edwards, Colorado 81632
(the "Declarant") owns the real property and improvements now or hereafter situated thereon,
located at 108 Walking Mountains Lane, Avon, Colorado 81620 and legally described as LOT
2A, FILING 3, BUCK CREEK SUBDIVISION, TOWN OF AVON, COUNTY OF EAGLE,
STATE OF COLORADO, and specifically that portion identified as `Bldg.3" (the "Property"); and
WHEREAS, the Avon Town Council adopted Ordinance 19-01 on June 25, 2019, an Ordinance
setting forth a process whereby the Avon Town Council may waive or reduce certain fees related
to the development of Community Housing projects; and
WHEREAS, Declarant intends to construct residential dwelling units for Community Housing
("Community Housing Project") which meets the requirements of the Avon Municipal Code
and the requirements of the Community Housing Deed Restriction attached to this Resolution
as Exhibit A ("Deed Restriction"); and
WHEREAS, Declarant submitted a written request on July 27, 2023 explaining the proposal to
construct a six bedroom residential building for educators, interns and fellows, along with a
request to waive applicable fees and taxes ("Waiver") for its Community Housing Project; and
WHEREAS, in exchange for the Waiver, Declarant has agreed to execute the Deed Restriction,
which Deed Restriction provides the Community Housing units to be constructed shall only be
utilized for Eagle County Employees, as defined; and
WHEREAS, the Avon Town Council finds that the construction of the Community Housing
Project will promote and support, benefit, and enhance the Avon community by providing
housing in the vicinity of a regional job center in the IC zone district; and,
WHEREAS, the Avon Town Council finds that the promotion and support through the waiver
of real estate transfer tax, sales tax on construction materials and fixtures delivered to the
Community Housing Project, and waiver of development application and building code fees
will promote the health, safety and general welfare of the Avon community.
Resolution 23-17 Tax and Fee Waiver for WMSC
August 8, 2023
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby approves the request for the Waiver and execution of the Deed Restriction as
follows:
1. The Town Council hereby finds the Waiver is necessary to promote Community Housing
that will meet the current and projected housing needs for the Avon community.
2. The Town Council hereby finds the public as a whole will benefit from the Community
Housing Project.
3. The Town hereby grants a waiver of sales tax applicable to the Community Housing Project,
which waiver shall only apply to the purchase of construction materials and fixtures
delivered to the Community Housing Project.
4. Declarant shall provide records, receipts and documentation to the Town of the construction
materials purchased and shall maintain such records as is required by the Chapter 3.12 Sales
Tax of the Avon Municipal Code.
5. The Waiver provided herein shall only become effective upon execution of the Deed
Restriction by Declarant and the Town and the recording of the Deed Restriction in the
Eagle County Clerk and Recorder's Office.
6. The Waiver of Building Permit and development review fees are granted in full.
7. This Waiver is conditioned upon development of the Property exclusively for Community
Housing.
ADOPTED August 8,
us
Mayor
the AVON TOWN COUNCIL
Resolution 23-17 Tax and Fee Waiver for WMSC
August 8, 2023
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Attest: