‘Become part of the town, please’: Avon pushes decision on Traer Creek amendments to a 5th meeting after another extended hearing
Chris Dillmann/Vail Daily
The Avon Town Council, in a fourth public hearing on Tuesday, narrowed in on what it wants to see from the owner of 1,800 acres of town land as it attempts to amend its planned unit development guide.
The council pushed its final decision on the 11 proposed amendments jointly proposed by town staff and developer Traer Creek, LLC, to one more meeting, requesting further work between town staff and the developer on specific amendments.
The council must make a final approval or denial decision at its April 14 meeting.
A brief look at the amendments
The Village (at Avon), which consists of 1,800 acres on the northeast side of Avon, is owned by the developer Traer Creek, LLC. The land was annexed into Avon in 1998 under the planned unit development guide that sets the boundaries under which the Village (at Avon) operates.
Traer Creek and town staff first came before the Town Council in January with the packet of 18 amendments (later discovered to be 19) the two parties had worked on together. Over the course of several detailed public meetings, as a result of council feedback, the amendments were whittled down to 11.
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The amendments packet, which will be added to Traer Creek’s planned unit development guide, is a big document.
“It’s so overwhelming. I can’t even describe how overwhelmed and frustrated I am,” said Avon Mayor Tamra Nottingham Underwood.
Avon’s Planning and Zoning Commission reviewed the application in November and December and recommended it for approval by council.
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Four of the seven members of council have to agree on each amendment for it to be approved.
“I want to remind the Town Council, this is one of the most consequential decisions you will make on behalf of all the residents you represent,” said Kristi Ferraro, former Avon Town Council member, during public comment.
Some amendments were generally easily approved by council, including amendment number three, which proposed the use of a half-acre parcel of land east of Home Depot for the construction of community housing by the town. It was this land that initiated the amendment process, when the town asked Traer Creek if it could use the property for community housing in 2023. “This has now been three years since we started talking to them about wanting to build community housing over there for our workers. They said no … and that’s how we got here,” Underwood said.
Several other amendments, however, led to extensive Town Council debate Tuesday evening. One of these was amendment five, which proposed allowing unlimited short-term rentals in the 40-acre planning area A, on the east side of Traer Creek’s planned unit development, along with limited short-term rentals on planning areas C, D and J, on the west side of the property.
Councilor Lindsay Hardy said she will always be against short-term rentals. “It tilts the entire development potential of properties within our town toward visitor lodging instead of community living,” Hardy said. “One decision now equals long-term consequences later.”
Councilor Chico Thuon disagreed, arguing that short-term rentals bring consistent revenue to the town, and luxury condominiums will not be affordable to locals, anyway.
Four members of council ultimately said they were in favor of the short-term rental requests, with conditions (though final approval is not in place until April 14).
Underwood and Mayor Pro Tem Rich Carroll asked that the Village (at Avon)’s short-term rental overlay reflect the town’s municipal code in language, so that it can change in the future with the municipal code. “You’re either all in with the way we’re doing it, which works very well, or no short-term rentals,” Underwood said. “No special carve outs.”
“This developer does not get to choose what part of the good stuff (Avon municipal code) they get to take with us,” Underwood said. “You want it, we have it, buy in. Become part of the town, please.”
One of the most consequential proposed amendments is number 18, which asks for an extension to Traer Creek’s vested rights on the eastern hillside of the planned unit development from 2039 to 2059. This would give the developer more time to focus on building out the valley floor before digging into the hillside, which will require the construction of several water tanks to serve any properties built there.
“The water is extremely important. We know that. We’ve always known that,” said Town Manager Eric Heil. In the town’s 2012 settlement with the developer, Traer Creek donated its water rights to the town, which dedicated them to the Upper Eagle Regional Water Authority.
As a result, there is already 860 feet of consumptive use of water dedicated to the area — the commitment of an amount of water, rather than amount of units, ensures there will be no overuse — but the water tanks will need to be funded and built.
At previous meetings, Town Council asked the developer to create a nuanced set of action items that it would need to meet before the town would allow for the extension, likely connected to the area’s ability to receive water. Traer Creek presented a series of specific triggers Tuesday, but the council was not satisfied that the plan would work as intended.
“It’s such a nuanced engineering analysis to try to get to that point that I think the language needs to be fairly broad so we can all figure it out later, but preserve our right to be protected,” said Councilor Gary Brooks.
The council directed town staff to work alongside the developer to draft an effective plan for the vested rights triggers that ensure the town is protected and the developer will follow through on its plans. This will be the main focus of the amendments’ final hearing on April 14.
The Avon Town Council will review the requested amendments to Traer Creek’s planned unit development guide for the final time during its April 14 meeting, scheduled for 5 p.m. at Avon Town Hall.
