Regular Meeting 1/27/2026

Updated 3 days ago

The council meets twice monthly, on the second and fourth Tuesdays of the month.

The Avon Town Council is the policy-making legislative body for the town. It consists of seven elected members and a mayor elected by the council. The council meets twice monthly, on the second and fourth Tuesdays of the month.

Chapters

Call to Order (00:00:00)
The Avon Town Council meeting is called to order.

The meeting is officially started by the chairperson or mayor, marking the beginning of the session.
Roll Call (00:00:09)
Roll call is taken, and all council members are present.

Each council member announces their presence to confirm attendance at the meeting.
Approval of Agenda (00:00:26)
The agenda for the meeting is reviewed and approved unanimously.

The council reviews the proposed agenda for the meeting, asks for any changes, and then votes to approve it.
Disclosure of Conflicts of Interest (00:00:46)
Council members disclose any potential conflicts of interest.

Members are asked to disclose any conflicts of interest or ex parte communications related to agenda items.
Public Comment (00:01:25)
The public is invited to comment on topics not on the agenda.

A period is provided for public comments on non-agenda items, emphasizing that comments should be directed to the council.
Consent Agenda (00:03:09)
The consent agenda is reviewed and approved with amendments.

The consent agenda, including amended minutes, is presented and unanimously approved by the council.
Public Hearing - Village at Avon PUD Amendment (00:03:59)
A public hearing is held for the Village at Avon PUD Amendment and vested rights extension.

The council reopens the public hearing for the continued first reading of the Village at Avon PUD Amendment and vested rights extension, with presentations from staff and co-applicants.
Discussion - PUD Amendments by Planning Area (00:07:11)
Detailed discussion of PUD amendments by planning area, including community housing, height, and density changes.

The council discusses proposed PUD amendments for various planning areas, including changes to community housing regulations, building heights, and density allowances. Presentations are given to clarify these amendments.
Special Review Use (SRU) Appeals Process (00:32:06)
The process for appealing a special review use decision was discussed, including how a Town Council member can file an appeal by sending an email to the town clerk.

The meeting covered the appeals process for special review use decisions. It was explained that when a planning commission approves a special review use, a notice is sent to the council. If any council member wants to appeal the decision, they can do so by sending an email to the town clerk. This was confirmed and agreed upon by the participants.
PUD Amendment Review Criteria (00:33:09)
The criteria for reviewing PUD amendments were outlined, including public benefit, health and safety, compliance with the comprehensive plan, and environmental impact.

The presentation outlined the criteria for reviewing amendments to Planned Unit Developments (PUDs). The criteria include whether the amendment confers a substantial public benefit, incorporates creative site design, increases living and housing choices, addresses health, safety, and welfare, complies with the comprehensive plan, has adequate facilities and services, avoids significant adverse environmental impacts, and is compatible with surrounding properties.
Vested Rights Extension Discussion (00:35:00)
The requirements and considerations for extending vested rights beyond three years were discussed, including economic factors and legislative actions.

The meeting discussed the criteria for extending vested rights for developments beyond the standard three years. Factors to consider include the size and phasing of the development, economic cycles, public amenities and benefits, financial impacts, and legislative actions. The applicant must provide appropriate reasons for the extension request, and the council must ensure their decision is not arbitrary.
Density and Development Flexibility (00:46:00)
The flexibility of shifting density within planning areas was discussed, clarifying that density can be moved within a planning area but not between different areas.

The discussion focused on the ability to shift development density within the village at Avon. It was clarified that density can be moved within a specific planning area but not transferred between different planning areas, such as from area A to area C. The implications of administrative reviews and existing density limits were also covered.
Affordable Housing Obligations (01:00:00)
The developer's obligations and past contributions to affordable housing were discussed, including land contributions and the lack of current legal requirements.

The meeting covered the developer's obligations regarding affordable housing within the village at Avon. It was noted that the developer has contributed land for projects like Buffalo Ridge, fulfilling their obligations. The discussion highlighted that current vested rights do not require the developer to build housing but to provide land for it. The challenges and requirements for building affordable housing, including public subsidies, were also discussed.
Discussion on Housing Projects (01:09:19)
Discussion on housing projects and site configurations including podium parking and residential unit planning.

The council discussed various aspects of housing projects, focusing on the constraints and possibilities given the site configurations. They considered the possibility of podium parking on the ground floor with residential units above, mainly two-bedroom units due to demand. The discussion also touched on the potential use of a gas main easement for parking and the need for thoughtful design to maximize space and meet housing needs.
Discussion on Setbacks and Design Considerations (01:19:22)
Council discussed setbacks, parking configurations, and design considerations related to housing projects.

The discussion focused on the potential for building closer to the front yard setback to maximize space for housing. The council also considered parking configurations and the impact of setbacks on design. There was a mention of the need to potentially reduce the setback to allow more building space and accommodate housing demand.
Discussion on Lighting Regulations (01:25:06)
Council discussed dark sky lighting regulations and potential amendments for interior lights in housing projects.

The council discussed the town's dark sky lighting regulations, noting that updates are being considered to address issues with bright interior lights in parking structures and stairwells. They emphasized the importance of shielding lights to reduce nuisance to neighboring properties. The council is considering formalizing these updates in the town's lighting regulations.
Discussion on Building Heights and Views (01:34:10)
Discussion on building heights, view impacts, and potential height restrictions for housing projects.

The council discussed the potential impacts of building heights on views from neighboring properties. They considered the possibility of setting story limitations or using special review processes to allow for taller building heights if necessary. The discussion aimed to balance development needs with community concerns about view corridors.
Discussion on Short Term Rentals (01:40:00)
Council discussed short term rental policies for new housing developments, considering licensing and economic impacts.

The discussion focused on the policies regarding short term rentals in new housing developments. The council considered the impact of allowing a certain percentage of units to be used as short term rentals and the licensing process for these rentals. They also discussed the economic impacts and the allocation of tax revenue from short term rentals towards community housing funds.
Short-Term Rentals Discussion (01:42:52)
Discussion on the number of units for short-term rentals and their regulation in different planning areas.

The council discussed the number of units available for short-term rentals and their regulation within various planning areas, specifically in the context of the PUD guide and Avon municipal code. There was clarification on where short-term rentals are allowed and the parking requirements associated with them.
Kensington Development Phase Discussion (01:46:22)
Discussion on the Kensington development, addressing phase one subdivision and short-term rental regulations.

The meeting addressed whether Kensington development phase one was subdivided into separate lots and included a discussion on short-term rental regulations, particularly regarding the need for offsite parking requirements.
Engineered Grade for Building Height Measurement (01:48:55)
Clarification of existing and engineered grade to establish a baseline for building height measurements in planning area A.

The council discussed the need to clarify existing and engineered grades to establish a baseline for measuring building heights, focusing on areas between railroad tracks. The discussion highlighted the importance of documenting engineered grades to prevent artificial topography changes.
Elimination of Minimum and Maximum Residential and Commercial Ratios (01:54:10)
Proposal to eliminate required residential and commercial ratios in planning areas A, F, G, and H.

The council considered a proposal to eliminate the required minimum and maximum residential and commercial ratios in specific planning areas. The rationale was to accommodate the current economic climate, favor residential and accommodation uses, and simplify measurement and enforcement.
Planning Area A Building Height Increase (02:01:04)
Proposal to increase building heights in planning area A to allow more creative roof forms.

The council discussed a proposal to increase the building height limit in planning area A to allow for more creative architectural designs, such as varied roof forms. The Planning Commission recommended this increase as a use by right, noting minimal impact on surrounding areas.
Planning Area C Building Height and Story Limits (02:12:01)
Proposal to increase building heights in planning area C to allow more architectural flexibility while maintaining story limits.

The council discussed increasing the building height limit in planning area C to allow for more architectural flexibility, such as varied roof forms. The proposal included maintaining story limits to ensure compatibility with surrounding areas and prevent overly tall structures.
Discussion on Crescent Hill Road Development (02:18:55)
Discussion about Crescent Hill Road being built as a public road, while associated development will have private drives.

The meeting discussed the construction of Crescent Hill Road as a public road that will be maintained by the town. However, any development on the north side of the road, particularly in planting area C, will consist of private developments with private drive accesses. The conversation included questions about ensuring the road remains private until an official development proposal is made.
Public Comment by Marcus Lindholm (02:20:18)
Marcus Lindholm comments on shielding future housing with a berm in the planning area.

Marcus Lindholm raised a point about a berm being built in the planning area to shield future housing developments. The berm is intended to provide a buffer and shield for the housing on a bench that the meeting had been discussing.
Questions on Planning Area C and D (02:21:22)
Questions were raised about site planning and density increases in planning areas C and D.

The meeting addressed questions regarding the lack of advanced site planning for parcel C. There were comments about needing a site plan to better understand the development. Additionally, questions about the proposed density increase in planning area D were raised, along with a discussion on building height increases.
Building Height and Special Review Use (02:22:39)
Discussion on building height increases and whether they require special review use approval.

The discussion focused on the proposed increase in building heights in certain zones. There was clarification on whether these increases would be approved as a special review use (SRU) or by right. The planning and zoning department suggested that such increases might require special review.
Front Setback Reduction Discussion (02:24:27)
Discussion on reasons for reducing front setbacks, including traffic and urban design considerations.

The meeting covered reasons for reducing front setbacks, which include facilitating better traffic patterns and urban design. The setback reduction helps with site planning, especially for uses like childcare facilities, by allowing buildings to be closer to the road while keeping parking at the back.
Fire Code and Water Infrastructure Discussion (02:32:52)
Discussion on fire code compliance, water infrastructure, and the implications for development planning.

The meeting examined the relationship between fire code requirements, particularly regarding single access roads and internal sprinkling, and the development of water infrastructure. The compliance with the International Fire Code and the necessity of having adequate water pressure and storage for future development were discussed.
Water Infrastructure and Development Planning (02:40:10)
Discussion on water infrastructure needs for future development, including new water tanks and pressure zones.

The conversation focused on the need for new water infrastructure to support future developments, particularly in elevated areas. The discussion included potential designs for water systems, the necessity for a new water tank, and how this infrastructure would serve future developments like East Avon Preserve.
Vested Rights and Development Financing (02:46:00)
Discussion on extending vested rights for certain planning areas and the financial implications for development.

The meeting discussed the rationale for extending vested rights in certain planning areas. The conversation addressed how vested rights can facilitate development financing by providing certainty to lenders and investors, allowing for lower rate loans and better financial planning.
Discussion on Metro District Financing and Development Plans (02:54:24)
Detailed discussion about the metro district's financing through municipal bonds, property tax revenues, and development plans for various planning areas.

The meeting covered the metro district's collaboration with other parties for financing, focusing on the valley floor area. The financing involves issuing municipal bonds, which are paid off by the metro district's property tax revenues. The discussion included timelines for development and planning efforts for areas A, D, and KRM. There was also mention of vested rights and previous development in the region.
Public Finance and Infrastructure Projects (03:03:54)
Discussion on public finance mechanisms for future infrastructure projects like a second water tank.

The conversation focused on the practicality of using public finance, such as through the Tra Creek Metro District, for infrastructure projects. It was noted that financing a water tank involves a holistic approach, including roads and sewer lines.
Clarification on Applicant Requests and Vested Rights (03:04:07)
Clarification on what the applicants are requesting regarding vested rights and development plans.

The discussion clarified the applicants' requests related to vested rights, with examples given from past developments such as the riverfront development and the challenges faced. The concept of vested rights was explained in the context of the Colorado legislative framework.
Public Comments (03:16:48)
Public comments were made in opposition to the proposed amendments, emphasizing concerns over density, developer trust, and community impact.

Various residents expressed strong opposition to the village at Avon PD amendment, citing concerns over increased density, height, and broken promises by developers. They argued that the amendments would not benefit the community and urged the council to reject them.
Developer Perspective on Community Impact (03:26:00)
Developer shared the positive community impact of previous projects and supported the balanced approach of development.

A developer shared insights on how developments have positively impacted the community, providing housing for professionals and contributing to local growth. The developer praised the town's development staff and advocated for considering the benefits developments bring.
Closing Comments and Public Hearing Continuation (03:28:39)
Closing comments were made, and the public hearing was continued to the next meeting.

The meeting concluded with final comments from residents and a continuation of the public hearing to allow for further discussion and input. Residents expressed concerns about the future once vested rights expire and sought clarity on the implications.
Public Comments on Proposed Developments (03:30:12)
Various residents express concerns about height, density, and impact of proposed community housing developments near existing neighborhoods.

Several residents, including Mike Barr and Monica Borsch Barr, expressed concerns regarding the proposed community housing site adjacent to Eagle Bend Drive. They highlighted issues with the increased height and density, which they believe would significantly impact privacy, property value, and quality of life due to noise and light pollution. They urged the council to reconsider the proposal and seek alternatives that do not sacrifice existing neighborhood character.
Public Hearing Continuation and Council Deliberations (03:36:00)
The council discusses the public comments and deliberates on the proposed community housing developments, considering height, density, and compatibility with existing neighborhoods.

Following the public comments, the council members began their discussion regarding the proposed community housing developments CH1 and CH2. They considered various aspects such as the height and density of the proposed buildings and their compatibility with the existing neighborhoods. Council members expressed differing opinions on the suitability of the height and density for CH1, with some suggesting a preference for educational use or lower density. There was general support for CH2, considering its location and lesser impact on residential areas.
Discussion on Development Code and Bonuses (04:05:14)
Discussion on the purpose of the development code and the use of development bonuses for innovative design in Avon.

The council discusses the purposes of the development code, emphasizing the importance of development bonuses as a modern discretionary tool to encourage innovative and fantastic design and development in Avon, specifically mentioning the village at Avon.
Short-Term Rental Comments (04:06:01)
Council members discuss short-term rentals in various planning areas, advocating for a mix of full and limited rental options.

Council members, including Kevin and others, discuss the continuation of short-term rentals in Avon, advocating for full short-term rentals in planning area A and limited short-term rentals in areas C, D, and J. The discussion highlights the economic benefits and the need to balance short-term and long-term housing needs.
Engineer Grade for Building Height (04:14:22)
Discussion on establishing a baseline for building height using engineer grade rather than existing ground.

Gary explains the rationale for using engineer grade tied to road grades as the baseline for building height rather than the existing ground. The council discusses the implications of this decision, particularly in areas with steep topography.
Eliminate Required Residential/Commercial Ratios (04:18:09)
Debate on removing residential and commercial ratio requirements for certain parcels.

The council discusses the proposal to eliminate the required minimum and maximum residential and commercial ratios on parcels A, F, G, and H. Concerns are raised about maintaining commercial development to generate revenue, while some view it as a housekeeping issue.
Increase Building Height on Planning Area A (04:22:22)
Consideration of increasing building height from the southern boundary of planning area A.

The council debates increasing building height in planning area A, with considerations for architectural integrity and character. They discuss whether it should be allowed by right or require special review use.
Increase Building Height on Northern Zone of Parcel A (04:29:09)
Discussion on allowing increased building height for residential use via special review use process.

The council considers a request to increase the building height on the northern zone of parcel A for residential use through a special review process. Members express concerns about the potential impact and request visualizations to better understand the proposal.
Increase Building Height on Planning Area C (04:41:17)
Request to increase building height or allow six stories via special review use for planning area C.

The request is to increase building height on planning area C to allow for six stories through a special review use process. The council debates the merits and potential downsides, with some members advocating for flexibility within existing rights.
Discussion on Building Height Increase (04:42:31)
Debate on criteria for height increase, lacking justification for town benefit. Concerns about negative neighborhood impacts and need for visual models.

Participants debated the criteria for allowing an increase in building height, expressing concerns about whether the proposals met the town's benefit criteria. They lacked sufficient evidence of benefits and worried about negative impacts on neighboring properties. There was a call for visual models to better understand the potential changes.
Massing Model and View Corridor Evaluation (04:43:00)
Request for computer-generated models of current and proposed building heights. Concerns about view corridors and aesthetics of developments.

The discussion focused on the need for computer-generated models that display current and proposed building heights. There was concern about how new buildings could block existing view corridors, with suggestions to visualize the impact before making decisions. Participants emphasized the importance of understanding the aesthetic impact of developments.
Criteria for Density Increase Proposal (04:44:11)
Concerns about density increase from eight dwelling units per acre without proper site plan. Questions on planning area densities and impact mitigation.

Concerns were raised about a proposal to increase density to eight dwelling units per acre without a corresponding site plan or understanding of the planning area's capacity. Participants questioned the rationale behind the density figures and the lack of plans to mitigate potential impacts of higher density on the community.
Discussion on Fire Safety and Single Access Roads (05:01:54)
Debate on adherence to international fire code and need for secondary access roads for fire safety. Concerns about life safety with single access.

There was a robust discussion regarding fire safety codes, particularly the need for secondary access roads to comply with international fire safety standards. Participants expressed concerns about the life safety risks associated with single access roads and the importance of adopting fire codes to ensure resident safety.
Vested Rights Extension Criteria Evaluation (05:15:15)
Evaluation of criteria for extending vested rights. Concerns about economic cycles, completion within extension, and market conditions.

During the evaluation of extending vested rights, participants discussed the criteria including reasonable completion within the proposed extension period, economic cycles, and market conditions. Concerns were expressed about the lack of assurance that the project could be completed even with extended rights and the adequacy of the economic reasons provided.
Discussion on Vested Property Rights (05:18:02)
The council discussed the implications of extending vested property rights and the impact on development plans.

The discussion focused on the concerns regarding extending vested property rights for certain areas, particularly planning area K. Council members expressed concern about the lack of site-specific development plans and the potential limitations on Avon's ability to manage development. Several members were opposed to extending vested rights due to the lack of progress and benefits to the community. Suggestions were made about performance vesting and the need for community benefits if rights were to be extended.
Public Hearing on Gray Water Prohibition Ordinance (05:33:01)
The council held a public hearing on the prohibition of gray water use in the town, aligning with state legislation.

Eva Wilson presented the second and final reading of the ordinance regulating gray water use in response to recent state law changes. The ordinance aims to ensure local control and public protection by prohibiting gray water use and treatment works within the town. The state set the standard but did not specify compliance enforcement, prompting this ordinance. The council discussed and approved the ordinance after closing the public comment section with no comments received.
Committee Reports (05:37:00)
Council members provided updates on recent committee meetings, including transit and water authority sessions.

Rich reported on the recent core transit meeting, discussing the complexity of creating bus schedules and the current fare recovery rate. Another update was given on the Upper Eagle Regional Water Authority meeting, where the importance of snowpack and water supply was discussed, with assurances given that it is too soon to worry about shortages.
Executive Session Announcement (05:39:51)
Announcement of an upcoming executive session to discuss real estate and legal matters, with no decisions to be made.

The council moved to retire into an executive session for the purposes of discussing real estate acquisition for community housing and receiving legal advice on law enforcement protocols. It was noted for the public record that no decisions would be made during this session.

Town of Avon (16 Videos)

Updated 3 days ago

This playlist includes Avon-related videos, including town council meetings, candidate forums, community meetings and more.