TC Ord. No. 2017-16 Approving a Minor PUD Amendment and Vested Rights Extension for Lots 4-7, Riverfront Village PUD and SubdivisionTOWN OF AVON, COLORADO
ORDINANCE 17-16
AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS AND
APPROVING A MINOR PUD AMENDMENT FOR LOTS 4-7, RIVERFRONT
SUBDIVISION
WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation and
body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, East West Resort Development XIV, L.P., L.L.L.P ("Applicant" and "Owner")
has submitted a Vested Property Rights Application ("Vested Rights Application") to amend the
term of vesting outlined in the Amended and Restated Development Agreement for the Confluence
approved by Ordinance 16-03 ("Development Agreement"), currently set to expire March 14,
2018; and
WHEREAS, the Vested Rights Application amends Section 2.2. of the Development
Agreement to extend the expiration date for an additional three (3) years to then expire March 14,
2021; and
WHEREAS, the Applicant submitted a concurrent Minor PUD Amendment Application
("Minor PUD") to amend the development standards and design guidelines for Lots 4-7 of the
Riverfront Subdivision PUD Development Plan ("Project"); and
WHEREAS, the Vested Rights Application and Minor PUD are being reviewed and processed
concurrently pursuant to Avon Municipal Code §7.16.020(b)(4), Concurrent Review Permitted;
and
WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property
Rights, the Town Council finds the Vested Rights Application eligible for consideration since the
Application was submitted at least six (6) months prior to the expiration of the Vested Property
Rights approved by Ordinance 16-03; and
WHEREAS, the Town Council of the Town of Avon held public hearings on November 14,
2017 and December 12, 2017 after posting notice of such hearings in accordance with the
requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all
comments provided before acting; and
WHEREAS, the Town Council makes the following specific findings as the basis for its
decision as required by Avon Municipal Code §7.16.020(g)(3):
A. The Vested Rights Application meets the review criteria set forth in Avon Municipal
Code §7.16.140(e)(2); specifically:
Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD
December 12, 2017 — SECOND READING Pagel of 4
1) Property values and the real estate market experienced a significant downturn for
several years, commencing locally in early 2009 and continuing for several years
during the initial vested rights period and market conditions for the construction of
new multi -family residential product have improved only recently; and,
2) There have been no changes to the Avon Comprehensive Plan or other community
planning documents that affect the Project as originally approved in 2006;
therefore, the project continues to comply with the Avon Comprehensive Plan and
other community planning documents; and,
3) The Project has provided public amenities through the dedication of land for the
Eagle river path, water rights dedications, river path construction, landscaping
improvements, and employee housing mitigation; and,
4) The extended duration of the vested property rights for an additional three (3) years
is reasonable considering the local, state and national economic recovery and local
market conditions for new construction of residential product.
WHEREAS, the Town Council makes the following specific findings as the basis for its
decision on the Minor PUD as required by Avon Municipal Code §7.16.020(g)(3):
A. The Application meets the eligibility requirements for a Minor PUD Amendment by
not increasing density, increasing the amount of nonresidential land use, or
significantly altering any approved building scale and mass of the development.
B. The PUD Amendment does not change the character of the development and maintains
the intent and integrity of the Riverfront PUD with condominium and multi -family
residential land uses with higher density on east side of Properties and reduced density
moving west.
C. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and
compared to the underlying zoning, the Minor PUD Amendment is not likely to result
in significant adverse impacts upon the natural environment.
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD
December 12, 2017 — SECOND READING Page 2 of 4
AVON, COLORADO, the follow
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. Riverfront Development Agreement Amendment. The Amendment to the
Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is
hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the
Amended and Restated Development Agreement: The Confluence.
Section 3. Riverfront Minor PUD Amendment Approved. The Riverfront Subdivision
PUD Development Plan, attached hereto as Exhibit B, is hereby approved and the Mayor and
Town Clerk are authorized to execution the PUD Plan Amendment.
Section 4. Recording. The Town Clerk shall cause the fully executed Amendment to the
Amended and Restated Development Agreement: The Confluence and the Development
Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be
recorded at the Eagle County Clerk and Recorder's Office.
Section 5. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Section 6. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 8. Safety Clause. The Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD
December 12, 2017 — SECOND READING Page 3 of 4
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on November 14, 2017 and setting such public hearing for December 12, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY_, ATTEST:
ie Fancher, Mayor Debbie Hoppe, o Clerk
ADOPTED ON SECOND AND FINAL READING on December 12, 2017.
BY:
Fancher, Mayor
APPROVED AS TO FORM:
Eric J. Heil, wn Attorney
ATTEST:
Hoppe, T6wh Clerk
OF
:S E A L:
Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD
December 12, 2017 — SECOND READING Page 4 of 4
EXHIBIT A:
AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT The
Confluence
THIS AMENDMENT to the Amended and Restated Development Agreement The
Confluence, dated March 14, 2006, ("Amendment") is made and entered into on December 12,
2017, by and between Points of Colorado, Inc., a Colorado corporation ("Owner") and the Town
of Avon, a Colorado home rule municipal corporation ("Town").
WHEREAS, the Owner applied to the Town for an extension of the vested property rights for
Lot 1, Riverfront Subdivision, which the Avon Town Council approved by Ordinance 17-17 on
December 12, 2017.
NOW, THEREFORE, in consideration of the foregoing and the terms in this Amendment, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner and Town agree as follows:
1. Section 2.2 Term is hereby amended to add the following language,
"Notwithstanding the foregoing, Owner and the Town agree that the Term of this
Agreement and the vested property rights established under this Agreement shall
continue until March 18, 2021 for Lot 1, Riverfront Subdivision."
2. All other terms of the Agreement shall remain the same.
[SIGNATURE PAGES FOLLOW]
Amendment to Amended and Restated Development Agreement: The Confluence
Page 1 of 3
OWNER:
Points of Colorado, Inc., a Colorado corporation
Name:
Title:
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this
2017, by
a
Witness my hand and official seal.
My commission expires:
Notary Public
day of
as of
Amendment to Amended and Restated Development Agreement: The Confluence
Page 2 of 3
IC11V.T/►`i�
TOWN OF AVON, a Colorado home rule municipal corporation
By: Attest:
Wn\nie Fancher, Mayor Debbie Hoppe, To n Clerk S
STATE OF COLORADO )COCri n
) ss: r,
COUNTY OF EAGLE ) n
The foregoing instrument was acknowledged before me on VQ� ,wv�Je✓ �J , 2017, by
Jennie Fancher, as Mayor of the Town of Avon, and Debbie Hoppe, as Town Clerk of the Town
of Avon.
Witness my hand and official seal. BRENDA ELIZABETH TORRES DIAZ
NOTARY PUBLIC
My commission expires: 1 t7 1 (2 1 20?.o STATE OF COLORADO
NOTARY ID 20121234557
My Commission Expires October 12,020
2
Notary Pub 'c
j T ,
Amendment to Amended and Restated Development Agreement: The Confluence
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