TC Ord. No. 2012-07 Approving an amendment of the Gandorf PudTOWN OF AVON, COLORADO
ORDINANCE 12 -07
SERIES OF 2012
AN ORDINANCE APPROVING AN AMENDMENT TO THE GANDORF PUD TO
REMOVE THE REQUIREMENT FOR CONTRUCTION OF A PEDESTRIAN PATH
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, the Town of Avon approved a Rezoning from PUD for the Wildridge
Subdivision to PUD for Tract B, Block 1, Wildridge Subdivision, by Ordinance No. 09 -14; and
WHEREAS, Gandorf Tract B LLC (the "Owner ") has submitted an application for a PUD
amendment to remove a condition of approval requiring one deed restricted dwelling unit on -site
and requiring construction of a pedestrian path; and
WHEREAS, the Town Council held public hearings on May 22, 2012 and June 12, 2012
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this ordinance;
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 Amendment to Gandorf PUD The Gandorf PUD Amendment application for
Tract B, Block 1, Wildridge Subdivision is hereby approved as follows:
A. The requirement for construction of a paved path, as outlined in Ordinance 09 -14,
Condition #6, is removed.
Ord 12 -07 Gandorf PUD Amendment 2 "d Reading
June 12, 2012
Page 1 of 3
Section 3 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 4 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5 Safety Clause The Town 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 Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on June
Ord 12 -07 Gandorf PUD Amendment 2 " d Reading
June 12, 2012
Page 2 of 3
12, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on M -
Published by posting
Clerk at least seven days
:S -EA j,
Krish Ferraro, Mayor Pro Tem
, ublic places in Town and posting at the office of the Town
action by the Town Council.
ATTEST: APPROVED AS TOL,
FORM.
Catherine Mythen, Deputy Town Clerk E ' lie' , Torn Attorney
INTRODUCED,
ORDERED PUE
S EA
.OVED, AND PASSED ON SECOND READING, AND
TING on June 12, 2012.
Published by postinM
office of the Town Clerk.
ATTEST:
Rich Carroll, Mayor
least three public places in Town and posting by title at the
Catherine Mythen, Deputy To n Clerk
Ord 12 -07 Gandorf PUD Amendment 2 nd Reading
June 12, 2012
Page 3 of 3
To Honorable Mayor and Town Council
From Jared Barnes, Planner I
Thru Patty McKenny, Acting Town Manager
Eric Heil, Town Attorney .
Date May 17, 2012
Re Second Reading: Ordinance 12 -07, Series 2012: An Ordinance Approving An Amendment
To The Gandorf PUD To Rem ove The Requirement For Construction Of A Pedestrian Path
Update
At the May 22, 2012 meeting the Town Council approved the first reading of Ordinance 12 -07. The
approval included the removal of Section 2.A, which referred to the removal of the deed restriction. At
that meeting the Council discussed the sale prices and per square foot costs of the units sold as well as
the listed prices for the unsold units. The Council also cited concerns that the Deed Restricted unit was
not listed a reasonable price to help encourage the sale.
Staff has researched the sale prices and has provided the following breakdown of units:
Unit A: Is currently listed at $529,000 ($279 per square foot)
Unit B: sold pre- construction, but the sale is not finalized yet therefore a sale price and cost per
square foot is not available.
Unit C: sold pre- construction for $391,000 ($261 per square foot)
Unit D: Is currently listed at $419,000 ($281 per square foot)
As a reminder the Deed Restriction has yet to be executed and recorded. As outlined in Attachment A
(Ordinance 09 -14), specifically condition #8, the Deed Restriction shall be executed and recorded prior to
the issuance of a TCO or CO for the third unit. Currently the applicant has received a CO for two units
(Units B and C) and Staff will not be able to issue any more occupancy until this restriction is imposed on
a specific unit.
After the hearing on May 22, 2012 Town Staff received additional public input, in addition to the letter
passed out during that hearing. A phone call was received expressing concern over the removal of the
deed restriction. Jon Stevenson emailed Town Staff (Attachment D) with concerns over the public
noticing process and lack of public review time as the mail was delivered after the hearing took place. He
also expressed concern about the removal of the deed restriction and was supportive of the removal of
the construction of a sidewalk.
Summary
Gandorf Tract B LLC, the Owner and Applicant, is requesting a Planned Unit Development (PUD)
amendment to remove the requirements for one Deed Restricted Housing Unit and the construction of a
paved path on Tract B, Block 1, Wildridge Subdivision (the Property). The amendment request is in
response to conditions of approval placed on the Property during the Gandorf PUD Amendment approval
in 2009. The application is being processed as a Minor Amendment to a Final PUD.
Attached to this memo are Ordinance No. 09 -14 (Attachment A), Letter of Request from Sean Reynolds,
Gandorf Tract B LLC (Attachment B), and Ordinance No. 12 -07 (Attachment C).
Process
The PUD request is being processed as an Amendment to a Final PUD. Section 7.16.060(h),
Amendments to a Final PUD, Avon Municipal Code (AMC) refers to §7.16.020(g), Minor Amendment, for
determining when a proposed amendment may be treated as a "minor" amendment and processed
administratively. The Director has determined that the requested modifications to the PUD do not result
in an increase in density or a change in the housing mix, and therefore the Minor Amendment process is
applicable. However, the provisions of the Minor Amendment section also allow the Director to refer an
application to the decision- making body responsible for the original approval if the Director determines
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 11
that the amendment may result in a material change to the approved development application. The
requested removal of one deed restricted housing unit is a material change to the approved Gandorf
PUD; therefore, the Gandorf PUD Amendment application is referred to the Town Council for review. A
PUD Amendment requires that all property owners within three - hundred feet (300) be noticed of the
request via a mailing. The mailing was completed on May 4 ", 2012 by Town Staff.
Background
In November, 2009, the Town Council approved Ordinance 09 -14 (Attachment A) approving a PUD
amendment for the Property. The PUD amendment included modifying the previous zoning of Light
Commercial use with four (4) accessory apartment units to four (4) dwelling units. Also included in the
PUD amendment were the following conditions of approval:
1. Tract B shall be limited to four dwelling units in the format of two duplex structures developed
in a townhouse configuration;
2. Two of the dwelling units shall be limited to a maximum residential floor area of 1,500 sq. ft.
and the other two dwelling units shall be limited to a maximum residential floor area of 1,900 sq.
ft. Garage area is excluded from this calculation;
3. Building height on the easternmost duplex shall be limited to 33' and 27' on the westernmost
duplex;
4. Site coverage shall be limited to 25% of the total site area;
5. Landscape area shall have a minimum area of 40% of the total site area;
6. A six foot wide pedestrian access easement as depicted on the plan and a paved path shall
be provided from the edge of pavement on Old Trail Road to the park parcel to the south;
7. An easement as depicted on the plan shall be provided for future community mailboxes; and,
8. The applicant agrees to offer one dwelling unit on the site for sale to full -time residents of the
Town of Avon. This one unit will be offered for sale with a deed restriction ( "Deed Restriction)
restricting its occupancy and resale to full -time residents of the Town of Avon in the form attached
to this ordinance as Exhibit B: Form of Deed Restriction. The Owner of the Tract 8 Block 1
Wildridge Subdivision, Avon, Colorado, shall execute and record the Deed Restriction as a
condition of approval of the Gandorf PUD. The imposition of the Deed Restriction shall be
required as a condition of issuance of a certificate of occupancy or temporary certificate of
occupancy for the earlier of the third dwelling unit or second duplex structure.
Previous PUD Review Criteria
At the time of the PUD approval, the governing code was Title 17, specifically Chapter 17.20.110,
Planned Unit Development. Subsection (h), Design Criteria, AMC, contained some of the PUD review
criteria. The final criteria (12) stated: "That the PUD or amendment to PUD requested provides evidence
of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section
17.28.085." The section reference helped further define "public purposes" by using the following three (3)
criteria.
1. The application demonstrates a public purpose which the current entitlements cannot achieve.
2. Approval of the zoning application provide long -term economic, cultural or social community
benefits that are equal to or greater than potential adverse impacts as a result of the changed
zoning rights.
3. The flexibility afforded in approval of the zoning application will result in better siting of the
development, preserving valued environmental and cultural resources and increasing the amount
of public benefit consistent with the community master plan documents.
As is evidenced throughout each of these separate code sections, the PUD approval requirements used
the terms "public purpose" and "public benefit" to continually state that a PUD was intended to allow for
greater flexibility in zoning in exchange for a tangible public benefit that could not be achieved through the
current zoning. As listed below, the review criteria for reviewing PUD and PUD amendment requests
have changed. Eligibility Criteria #5 requires that a public benefit be provided by the application. While
the language has been modified from the previous zoning code, the intent of the criteria remains the
same.
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 12
Current PUD Review Criteria
Pursuant to Section 7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall use the
following review criteria as the basis for recommendations and decisions on applications to establish a new
PUD or amend an existing PUD:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or
incorporates creative site design such that it achieves the purposes of this Development Code
and represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree /vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and
fire protection, and sewage and waste disposal, as applicable) will be available to serve the
subject property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future
uses on other properties in the vicinity of the subject tract.
Subsection (iii) above refers to §7.16.060(b), Eligibility Criteria, which is included below:
(1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD
approval.
(2) Consistency with Comprehensive Plan. The proposed development shall be consistent
with the Avon Comprehensive Plan.
(3) Consistent with PUD Intent. The proposed development shall be consistent with the
intent and spirit of the PUD purpose statement in §7.16.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not impede the
continued use or development of surrounding properties for uses that are permitted in the
Development Code or planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future
residents and the Town as a whole through the establishment of a PUD, where such benefit
would otherwise be infeasible or unlikely.
(6) Preservation of Site Features. Long -term conservation of natural, historical, architectural,
or other significant features or open space will be achieved, where such features would otherwise
be destroyed or degraded by development as permitted by the underlying zoning district.
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to
comply with all applicable regulations of the Development Code, to adequately serve the needs of
all permitted uses in the PUD projects, and to ensure compatibility between uses and the
surrounding neighborhood.
PUD Approval
During the PUD amendment application in 2009, the Applicant proposed public benefits including: a
sidewalk easement and accompanying sidewalk; a mailbox easement; reduced building heights; reduced
site coverage; increased minimum landscaping; and limitations of unit sizes. Some of the proposed
benefits were limitations on development of the property that fit within the anticipated development plan,
while others were encumbrances placed on the property for the community.
During the PUD amendment review, the PZC discussed a potential deed restriction and ultimately
recommended approval of the PUD Amendment with a condition that one dwelling unit on -site is offered
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 13
for sale to Eagle County Residents or Employees for a 90 -day period after the final design approval. The
condition further discussed that the restriction would carry no income restrictions or appreciation caps,
and if there were no purchasers within the 90 -day period the restriction would be lifted. The PZC
recommendation of approval also included the other proposed benefits as previously discussed.
This recommendation was presented to Town Council, who also discussed the deed restriction and how
the Town could keep at least one unit available for locals. The Council felt that the time period was an
ineffective way to implement the deed restriction as that would allow the developer to hold off a sale for
91 -days after final design approval. In either review, little discussion occurred on the proposed sidewalk
easement and accompanying sidewalk construction. The Town Council ultimately approved Ordinance
09 -14 (Attachment A) with an occupancy -only deed restriction (Exhibit B to Attachment A). The
additional proposed public benefits were included in the approval as well.
Proposed PUD Amendment
The proposed PUD Amendment requests two reliefs from Ordinance 09 -14: (1) Lift the deed restriction
clause from the Property; and, (2) Lift the requirement to construct the sidewalk. The Applicant is not
proposing any alternative benefit for either request and has provided a letter (Attachment B) overviewing
their request.
The applicant has successfully complied with conditions 1 -5, as outlined previously in this report, by
receiving design approval of a development plan on May, 4th 2010. Condition #7 was completed during
the subdivision process. The recorded plat depicts a ten foot (10') wide by twenty -eight foot (28') long
"community mailbox easement" that is dedicated to the Town. Condition #6 was partially completed
during the subdivision process, by platting a "six foot (6) wide pedestrian & access easement ", which was
also dedicated to the Town. The remaining portion of this condition has not been completed and the
Applicant is requesting relief of the requirement. Condition #8 is another non - completed item that the
Applicant is also requesting relief from.
Council should note that the criteria for review PUDs and PUD Amendments has changed with the
adoption of the Avon Development Code in November of 2010, as stated above in this report and
restated below:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree /vegetation preservation; efficient provision of streets, roads, and other
utilities and services; or increased choice of living and housing environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff has provided the Town Council with an Ordinance (Attachment C) approving the PUD amendment
if the Council has determined the requested modifications meet the Review Criteria. Due to the impact of
this decision on the overarching policy implications with deed restricted housing and public benefits, Staff
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 14
is seeking Council's direction. Staff asked for input from the Town Council on these issues and provide
direction that will assist Staff in informing applicants of potential public benefits on future applications.
Assuming consensus has not changed since first reading, the recommendation is as follows:
Recommendations
Staff recommends the Town Council approves the second reading of Ordinance 12 -07, as modified to reflect
the condition of approval from the first reading.
Town Manager Comments:
Attachments
A. Approved Council Ordinance No. 09 -14, Approving the Planned Unit Development (PUD) Application
for the Gandorf PUD, Tract B, Block 1, WIIdridge Subdivision
B. Letter from Sean Reynolds outlining the requested PUD Amendment
C. Draft Council Ordinance No. 12 -07
D. Public Input
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 15
Attachment A
TOWN OF AVON, COLORADO
ORDINANCE NO. 09-14
SERIES of 2009
AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION FOR THE GANDORF PUD, TRACT B, BLOCK 1, WILDRIDGE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND SETTING
FORTH DETAILS IN REGARD THERETO
WHEREAS, Dominic Mauriello of Mauriello Planning Group, representing the owner of
Tract B, Block 1, Wildridge Subdivision, has applied for a Planned Unit Development ( "PUD ")
Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code;
WHEREAS, pursuant to the notice required by law, the Planning & Zoning Commission
of the Town of Avon held public hearings on August 4 th and September 1 2009, at which time
the applicant, the Planning and Zoning Commission, and the public were given an opportunity to
express their opinions and present certain information regarding the proposed PUD Amendment
application;
WHEREAS, the Planning & Zoning Commission forwarded a recommendation of
conditional approval of the PUD Amendment Application to the Town Council through
Resolution 09 -13;
WHEREAS, the Town Council has considered and found this application is substantial
compliance with the criteria in Title 17.20.110(h) of the Avon Municipal Code„ or has
determined that not all design criteria may be applicable.
WHEREAS, Ordinance 09 -14 approves and incorporates by reference the PUD
Development Plan attached hereto as Exhibit A: Gandorf PUD Development Plan; and;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
Section 1. Planned Unit Development Amendment The Gandorf PUD Amendment
application for Tract B, Block 1, Wildridge Subdivision is hereby approved subject to the
following conditions:
1. Tract B shall be limited to four dwelling units in the format of two duplex structures
developed in a townhouse configuration;
2. Two of the dwelling units shall be limited to a maximum residential floor area of
1,500 sq. ft. and the other two dwelling units shall be limited to a maximum residential
floor area of 1,900 sq. ft. Garage area is excluded from this calculation;
3. Building height on the easternmost duplex shall be limited to 33' and 27' on the
westernmost duplex;
4. Site coverage shall be limited to 25% of the total site area;
5. Landscape area shall have a minimum area of 40% of the total site area;
6. A six foot wide pedestrian access easement as depicted on the plan and a paved path
shall be provided from the edge of pavement on Old Trail Road to the park parcel to the
south;
7. An easement as depicted on the plan shall be provided for future community
mailboxes; and,
8. The applicant agrees to offer one dwelling unit on the site for sale to full -time
residents of the Town of Avon . This one unit will be offered for sale with a deed
restriction ( "Deed Restriction ") restricting its occupancy and resale to full -time residents
of the Town of Avon in the form attached to this ordinance as Exhibit B: Form of Deed
Restriction. The Owner of the Tract B, Block 1, Wildridge Subdivision, Avon,
Colorado, shall execute and record the Deed Restriction as a condition of approval of the
Gandorf PUD. The imposition of the Deed Restriction shall be required as a condition of
issuance of a certificate of occupancy or temporary certificate of occupancy for the
earlier of the third dwelling unit or second duplex structure.
Section 2. Vested Property Rights The approval of the Gandorf PUD Amendment
application shall not create any vested property rights because the Gandorf PUD does not include
a development agreement and therefore does not meet the definition of a site specific
development plan as set forth in AMC Section 17.14.020.
Section 3. Correction of Errors Town Staff is authorized 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 4. 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.
2
[signature page follows]
INTRODUCED, APPROVED, PASSED ON FIRST RE ADING AND ORDERED
POSTED: the 13 day of October, 2009, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 10 day of November, 2009, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One..f;aketreet, Avon, Colorado.
onald C. Wolfe, Mayor
ATTEST: OLC�RP`�
c
Pa t cI enny, T n erk
INTRODUCED, FINALLY Aj?ROVED, AND P SSED ON SECOND READING, AND
ORDERED POSTED: the d4L- day of 2009.
d
S 1i;
!f (` C..
C '
ofUi onald C. Wolfe, Mayor
ATTEST:
nc
att y c enny, To Jerk
APPROVED AS TO FORM:
o
Eric Heil, Town Attorney
Attachment B
To Whom it may concern:
This letter is in regards to the Gandorf Tract B development that is being constructed
at 2101 Old Trail Road. The owners of the project would like to propose a PUD amendment
for the project. Initially the deed restriction was bought up in a Planning and Zoning
meeting. The intentions of the board were to help "locals," or as they originally worded it
"people who lived or worked in eagle county" to have the option of purchasing a property
before it was available to the public. Initially the board also proposed that there would be a
set amount of time that this restriction would be in place. Their goal was to not hinder the
sale of the project in anyway, and in turn not encumber, not only the builders, but any
person who owned this property in the future.
This restriction was modified and became a deed restriction that is permanent and
has since created many tribulations. So far it has succeeded in pushing away buyers, all of
which have been "locals." It has become a factor that has burdened surrounding residents
who have become concerned about potential effects on their own property. Furthermore it
has put a stigma on the area where there were previously no deed restricted properties.
For this PUD amendment there would be no changes to the building in anyway,
everything would still be in compliance with all codes and regulations adopted by the Town
of Avon. There will be no changes to the environment or any negative affects to any
surrounding property. The only changes would be positives for the community. It would
promote the struggling real estate market in the whole community. It would help to create
a stronger community by promoting another family unit to join the community rather than
promoting another empty home with either, 'for sale' signs draped all over it or a
unmaintained depleting eyesore of a structure. We believe that removing this restriction will
help improve the general welfare of the community. Removing this restriction will not
impede the development or use of any of the surrounding properties. Conversely,
promoting this deed restriction could impede future families from wanting to join this
community. Because this is not anything tangible there is not a material benefit that the
town or community will be able to see. Instead there are many benefits that can potentially
develop with the removal of this restriction. An unintended consequence of this deed
restriction has been a public nuisance to the community which we would like to remedy.
The second part of this letter is in reference to the proposed bike path across the
Gandorf property. In the PUD it is stated that the builder must install a bike path along the
southeast side of the property, in order to provide easier access to the park. The builder has
many concerns about this path. First it would be a public path on private land thus making
the maintenance and upkeep very complicated. The legal ramifications for such a path are
numerous as well. Many Town of Avon employees have expressed concerns over the
proposed path. There are also concerns of an existing electrical pedestal that would create
construction issues. Furthermore there are drainage concerns that the path would cause.
Gandorf LLC is not asking to take the easement away, in the future the dynamics of the
community could change and there could be a potential need for the path. We understand
that and are willing to keep the easement. But currently this path is unnecessary and would
create many problems for the owners of the property and more so for the Town of Avon.
We would like the town to reconsider the installation of this path as a requirement of the
PUD.
Sincerely,
Sean Reynolds
On behalf of: Gandorf Tract B LLC
Attachment C
TOWN OF AVON, COLORADO
ORDINANCE 12 -07
SERIES OF 2012
AN ORDINANCE APPROVING AN AMENDMENT TO THE GANDORF PUD TO
REMOVE THE REQUIREMENT FOR DEED RESTRICTED HOUSING AND
CONTRUCTION OF A PEDESTRIAN PATH
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, the Town of Avon approved a Rezoning from PUD for the Wildridge
Subdivision to PUD for Tract B, Block 1, Wildridge Subdivision, by Ordinance No. 09 -14; and
WHEREAS, Gandorf Tract B LLC (the "Owner ") has submitted an application for a PUD
amendment to remove a condition of approval requiring one deed restricted dwelling unit on -site
and requiring construction of a pedestrian path; and
WHEREAS, the Town Council held public hearings on May 22, 2012 and June 12, 2012
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this ordinance;
Ord 12 -07 Gandorf PUD Amendment 2 "d Reading
June 12, 2012
Page 1 of 3
._. WIN •.
rN
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this ordinance;
Ord 12 -07 Gandorf PUD Amendment 2 "d Reading
June 12, 2012
Page 1 of 3
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 Amendment to Gandorf PUD The Gandorf PUD Amendment application for
Tract B, Block 1, Wildridge Subdivision is hereby approved as follows:
W. —M—MM"IffrIMM
._
00 IM
R-. The requirement for construction of a paved path, as outlined in Ordinance 09 -14,
Condition #6, is removed.
Section 3 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 4 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5 Safety Clause The Town 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 Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
Ord 12 -07 Gandorf PUD Amendment 2 " Reading
June 12, 2012
Page 2 of 3
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on June
12, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on May 22, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on June 12, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -07 Gandorf PUD Amendment 2 ,d Reading
June 12, 2012
Page 3 of 3
Attachment
To Whom It May Concern:
We are the real estate brokers for unit D at 2101 Old Trail Road. We are in favor of
removing the deed restriction placed on unit D, as it has placed a negative effect on the sale of
this home. We have seen the local real estate market picking up and local buyers are taking
advantage of the depressed prices coupled with the record low interest rates. Many potential
buyers have seen unit D, many with a strong interest, but have been driven away based on the
deed restriction placed on this home. Not only does the deed restriction place a stigma on the
property, but it reduces the buyer pool in an already challenging real estate market. No other
property in Wildridge has a deed restriction. Thus, placing a deed restriction on unit D will
perpetually instill a stigma on this home and in return the community of Wildridge.
In addition, placing a deed restriction on unit D of 2101 Old Trail can have a negative impact on
the surrounding residents. In order to sell a unit with such a deed restriction it will take a
significant discount in sales price. This in turn negatively affects the property values of
surrounding properties in Wildridge.
Sincerely, = }
Steve MacDonald
5
Ashley MacDon d
Coldwell Banker Distinctive Properties
286 Bridge Street, Vail, Colorado 81657
970 - 390 -3868 (cell - Ashley)
970 - 390 -0230 (cell- Steve)
Jared Barnes
'rom: Jon Stevenson <jstevo007 @yahoo.com>
Sent: Thursday, May 31, 2012 1:27 PM
To: Jared Barnes
Subject: Re: Notice of Public Hearing
Jared,
Thanks so much for the follow up and additional clarification. I also think the Avon USPS procedures are a
little out of wack. I will read through the web -links you sent. I don't think a sidewalk is necessary since there are
no other sidewalks in Wildridge. The potential release of the deed restriction however may be an issue. Again
thanks for your time and I'll let you know if I have any other questions.
Jon
From: Jared Barnes < ibarnes avon.org
To: Jon Stevenson < istevo0076a yahoo.com
Sent: Thursday, May 31, 2012 11:19 AM
Subject: RE: Notice of Public Hearing
Jon,
I am sorry that the mailing appeared to have issues. I personally delivered the stamped envelopes to the Avon Post Office
on 5/11/12 and placed them in the mail. I am unsure of the Post Office's procedures or why a mailing from the Avon PO
`o another Avon PO Box has to go through Grand Junction. That is baffling.
Anyways, there was a Public Hearing on 5/22/12 for a requested amendment to a PUD for the Gandorf PUD on Tract B,
Block 1, WR (2 101 Old Trail Road). The request was to relive the applicant /owner of the property of the requirement for
an Occupancy -only Deed Restriction and the requirement to construct a sidewalk along Wildridge Road for the length of
the property. The Applicant /Owner of the Property are Buzz Reynolds, Sean Reynolds, and Phil Matsen. As you stated,
Buzz Reynolds is a Town Council member, but he did inform the Council of his conflict of interest and removed himself
from the room during the discussion on this topic.
The Town Council discussed at length the request and ultimately decided that removing the deed restriction was not
appropriate at this moment. They did approve the first reading of an Ordinance (12 -07), but that ordinance was modified
to only contain the removal of the requirement to construct a sidewalk, not the deed restriction. A second reading of the
ordinance will occur at the June 12 Town Council meeting. I believe it is the intent of the applicant and Town Council
to further discuss the deed restriction and move forward with removing the requirement for construction of a sidewalk.
If you would like to watch the Town Council meeting to see what occurred please see the following link:
http://www.publicaccess5.orb /VideoLibrary.cfn
You can quickly access the specific topic, but choosing "Avon Town Council ", then "Avon Town Council 5/22/12 ", then
clicking on the "Chapter" Tab and choosing "Chapter 7: Ordinance 7 ".
You can also review the staff report and associated documents at the following link:
http://eo-avon.eivieplus.com/Arcliive.aWx
Under the "Town Council Packets" drop -down menu choose the "Avon Regular Meeting 5/22/12" document.
If you would like to provide any additional public input on this topic, you may write a letter or email me back no later
Shan June 6 and it will be included in the Town Council Packet. I will include your current email in the Public Input if
you would like.
If you would like to further discuss the request, or what happened in more detail, please do not hesitate to call me at 970-
748 -4023. I would be happy to answer your questions.
Regards,
Jared Barnes
Planner I
Community Development
Town of Avon
PO Box 975
Avon, CO 81620
970- 748 -4023
From: Jon Stevenson Liailto:jstevo007Ccbyahoo.coml
Sent: Thursday, May 31, 2012 10:51 AM
To: Jared Barnes
Subject: Notice of Public Hearing
Hi Jared,
I received a Notice of Public Hearing from the TOA regarding Tract B, Block 1, Wildridge Subdivision/2101
Old trail Rd. The date of the public hearing was held on 5/22/12 at 5:30 and the notice I received said it
was mailed on 5/11/12. However the post mark on the envelope was dated 5/22/12 in Grand Junction the same
day of the hearing and it's hard to believe it was delivered prior to the meeting (see attached). I find it kind of
concerning that the notice was not received by other local residences in time for the meeting. From what I have
heard is that the property developer has ties to the TOA and maybe trying to get their previous pre - construction
TOA agreement amended in their favor while the local community would be giving up on some of the benefits
from that agreement. Could you please give me an update what decisions were made at the hearing? I'm not
here to raise hell but just trying to get a fair update.
Thanks for your time, Jon Stevenson
To Honorable Mayor and Town Council
From Jared Barnes, Planner I
yJ
Thru Patty McKenny, Acting Town Manager
Eric Heil, Town Attorney
Date May 17, 2012
Re Second Reading: Ordinance 12 -07, Series 2012: An Ordinance Approving An Amendment
To The Gandorf PUD To Remove The Requirement For Construction Of A Pedestrian Path
Update
At the May 22, 2012 meeting the Town Council approved the first reading of Ordinance 12 -07. The
approval included the removal of Section 2.A, which referred to the removal of the deed restriction. At
that meeting the Council discussed the sale prices and per square foot costs of the units sold as well as
the listed prices for the unsold units. The Council also cited concerns that the Deed Restricted unit was
not listed a reasonable price to help encourage the sale.
Staff has researched the sale prices and has provided the following breakdown of units:
Unit A: Is currently listed at $529,000 ($279 per square foot)
Unit B: sold pre- construction, but the sale is not finalized yet therefore a sale price and cost per
square foot is not available.
Unit C: sold pre- construction for $391,000 ($261 per square foot)
Unit D: Is currently listed at $419,000 ($281 per square foot)
As a reminder the Deed Restriction has yet to be executed and recorded. As outlined in Attachment A
(Ordinance 09 -14), specifically condition #8, the Deed Restriction shall be executed and recorded prior to
the issuance of a TCO or CO for the third unit. Currently the applicant has received a CO for two units
(Units B and C) and Staff will not be able to issue any more occupancy until this restriction is imposed on
a specific unit.
After the hearing on May 22, 2012 Town Staff received additional public input, in addition to the letter
passed out during that hearing. A phone call was received expressing concern over the removal of the
deed restriction. Jon Stevenson emailed Town Staff (Attachment D) with concerns over the public
noticing process and lack of public review time as the mail was delivered after the hearing took place. He
also expressed concern about the removal of the deed restriction and was supportive of the removal of
the construction of a sidewalk.
Summary
Gandorf Tract B LLC, the Owner and Applicant, is requesting a Planned Unit Development (PUD)
amendment to remove the requirements for one Deed Restricted Housing Unit and the construction of a
paved path on Tract B, Block 1, Wildridge Subdivision (the Property). The amendment request is in
response to conditions of approval placed on the Property during the Gandorf PUD Amendment approval
in 2009. The application is being processed as a Minor Amendment to a Final PUD.
Attached to this memo are Ordinance No. 09 -14 (Attachment A), Letter of Request from Sean Reynolds,
Gandorf Tract B LLC (Attachment B), and Ordinance No. 12 -07 (Attachment C).
Process
The PUD request is being processed as an Amendment to a Final PUD. Section 7.16.060(h),
Amendments to a Final PUD, Avon Municipal Code (AMC) refers to §7.16.020(g), Minor Amendment, for
determining when a proposed amendment may be treated as a "minor" amendment and processed
administratively. The Director has determined that the requested modifications to the PUD do not result
in an increase in density or a change in the housing mix, and therefore the Minor Amendment process is
applicable. However, the provisions of the Minor Amendment section also allow the Director to refer an
application to the decision- making body responsible for the original approval if the Director determines
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 11
that the amendment may result in a material change to the approved development application. The
requested removal of one deed restricted housing unit is a material change to the approved Gandorf
PUD; therefore, the Gandorf PUD Amendment application is referred to the Town Council for review. A
PUD Amendment requires that all property owners within three - hundred feet (300') be noticed of the
request via a mailing. The mailing was completed on May 4 ", 2012 by Town Staff.
Background
In November, 2009, the Town Council approved Ordinance 09 -14 (Attachment A) approving a PUD
amendment for the Property. The PUD amendment included modifying the previous zoning of Light
Commercial use with four (4) accessory apartment units to four (4) dwelling units. Also included in the
PUD amendment were the following conditions of approval:
1. Tract B shall be limited to four dwelling units in the format of two duplex structures developed
in a townhouse configuration;
2. Two of the dwelling units shall be limited to a maximum residential floor area of 1,500 sq. ft.
and the other two dwelling units shall be limited to a maximum residential floor area of 1,900 sq.
ft. Garage area is excluded from this calculation;
3. Building height on the easternmost duplex shall be limited to 33' and 27' on the westernmost
duplex;
4. Site coverage shall be limited to 25% of the total site area;
5. Landscape area shall have a minimum area of 40% of the total site area;
6. A six foot wide pedestrian access easement as depicted on the plan and a paved path shall
be_provided from the edge of pavement on Old Trail Road to the park parcel to the south:
7. An easement as depicted on the plan shall be provided for future community mailboxes; and,
8. The applicant agrees to offer one dwelling unit on the site for sale to full -time residents of the
Town of Avon. This one unit will be offered for sale with a deed restriction ( "Deed Restriction)
restricting its occupancy and resale to full -time residents of the Town of Avon in the form attached
to this ordinance as Exhibit B: Form of Deed Restriction. The Owner of the Tract B Block 1
Wildridge Subdivision, Avon. Colorado, shall execute and record the Deed Restriction as a
condition of approval of the Gandorf PUD. The imposition of the Deed Restriction shall be
required as a condition of issuance of a certificate of occupancy or temporary certificate of
occupancy for the earlier of the third dwelling unit or second duplex structure.
Previous PUD Review Criteria
At the time of the PUD approval, the governing code was Title 17, specifically Chapter 17.20.110,
Planned Unit Development. Subsection (h), Design Criteria, AMC, contained some of the PUD review
criteria. The final criteria (12) stated: "That the PUD or amendment to PUD requested provides evidence
of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section
17.28.085." The section reference helped further define "public purposes" by using the following three (3)
criteria.
1. The application demonstrates a public purpose which the current entitlements cannot achieve.
2. Approval of the zoning application provide long -term economic, cultural or social community
benefits that are equal to or greater than potential adverse impacts as a result of the changed
zoning rights.
3. The flexibility afforded in approval of the zoning application will result in better siting of the
development, preserving valued environmental and cultural resources and increasing the amount
of public benefit consistent with the community master plan documents.
As is evidenced throughout each of these separate code sections, the PUD approval requirements used
the terms "public purpose" and "public benefit" to continually state that a PUD was intended to allow for
greater flexibility in zoning in exchange for a tangible public benefit that could not be achieved through the
current zoning. As listed below, the review criteria for reviewing PUD and PUD amendment requests
have changed. Eligibility Criteria #5 requires that a public benefit be provided by the application. While
the language has been modified from the previous zoning code, the intent of the criteria remains the
same.
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 12
Current PUD Review Criteria
Pursuant to Section 7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall use the
following review criteria as the basis for recommendations and decisions on applications to establish a new
PUD or amend an existing PUD:
(1) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or
incorporates creative site design such that it achieves the purposes of this Development Code
and represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree /vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and
fire protection, and sewage and waste disposal, as applicable) will be available to serve the
subject property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future
uses on other properties in the vicinity of the subject tract.
Subsection (iii) above refers to §7.16.060(b), Eligibility Criteria, which is included below:
(1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD
approval.
(2) Consistency with Comprehensive Plan. The proposed development shall be consistent
with the Avon Comprehensive Plan.
(3) Consistent with PUD Intent. The proposed development shall be consistent with the
intent and spirit of the PUD purpose statement in §7.16.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not impede the
continued use or development of surrounding properties for uses that are permitted in the
Development Code or planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future
residents and the Town as a whole through the establishment of a PUD, where such benefit
would otherwise be infeasible or unlikely.
(6) Preservation of Site Features. Long -term conservation of natural, historical, architectural,
or other significant features or open space will be achieved, where such features would otherwise
be destroyed or degraded by development as permitted by the underlying zoning district.
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to
comply with all applicable regulations of the Development Code, to adequately serve the needs of
all permitted uses in the PUD projects, and to ensure compatibility between uses and the
surrounding neighborhood.
PUD Approval
During the PUD amendment application in 2009, the Applicant proposed public benefits including: a
sidewalk easement and accompanying sidewalk; a mailbox easement; reduced building heights; reduced
site coverage; increased minimum landscaping; and limitations of unit sizes. Some of the proposed
benefits were limitations on development of the property that fit within the anticipated development plan,
while others were encumbrances placed on the property for the community.
During the PUD amendment review, the PZC discussed a potential deed restriction and ultimately
recommended approval of the PUD Amendment with a condition that one dwelling unit on -site is offered
Town Council Meeting May 22, 2012 — GandorF PUD Amendment: Deed Restricted Housing Page 13
for sale to Eagle County Residents or Employees for a 90 -day period after the final design approval. The
condition further discussed that the restriction would carry no income restrictions or appreciation caps,
and if there were no purchasers within the 90 -day period the restriction would be lifted. The PZC
recommendation of approval also included the other proposed benefits as previously discussed.
This recommendation was presented to Town Council, who also discussed the deed restriction and how
the Town could keep at least one unit available for locals. The Council felt that the time period was an
ineffective way to implement the deed restriction as that would allow the developer to hold off a sale for
91 -days after final design approval. In either review, little discussion occurred on the proposed sidewalk
easement and accompanying sidewalk construction. The Town Council ultimately approved Ordinance
09 -14 (Attachment A) with an occupancy -only deed restriction (Exhibit B to Attachment A). The
additional proposed public benefits were included in the approval as well.
Proposed PUD Amendment
The proposed PUD Amendment requests two reliefs from Ordinance 09 -14: (1) Lift the deed restriction
clause from the Property; and, (2) Lift the requirement to construct the sidewalk. The Applicant is not
proposing any alternative benefit for either request and has provided a letter (Attachment B) overviewing
their request.
The applicant has successfully complied with conditions 1 -5, as outlined previously in this report, by
receiving design approval of a development plan on May, 4th 2010. Condition #7 was completed during
the subdivision process. The recorded plat depicts a ten foot (10') wide by twenty -eight foot (28') long
"community mailbox easement" that is dedicated to the Town. Condition #6 was partially completed
during the subdivision process, by platting a "six foot (6) wide pedestrian & access easement ", which was
also dedicated to the Town. The remaining portion of this condition has not been completed and the
Applicant is requesting relief of the requirement. Condition #8 is another non - completed item that the
Applicant is also requesting relief from.
Council should note that the criteria for review PUDs and PUD Amendments has changed with the
adoption of the Avon Development Code in November of 2010, as stated above in this report and
restated below:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree /vegetation preservation; efficient provision of streets, roads, and other
utilities and services; or increased choice of living and housing environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff has provided the Town Council with an Ordinance (Attachment C) approving the PUD amendment
if the Council has determined the requested modifications meet the Review Criteria. Due to the impact of
this decision on the overarching policy implications with deed restricted housing and public benefits, Staff
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 14
is seeking Council's direction. Staff asked for input from the Town Council on these issues and provide
direction that will assist Staff in informing applicants of potential public benefits on future applications.
Assuming consensus has not changed since first reading, the recommendation is as follows:
Recommendations
Staff recommends the Town Council approves the second reading of Ordinance 12 -07, as modified to reflect
the condition of approval from the first reading.
Town Manager Comments:
1
Attachments
A. Approved Council Ordinance No. 09 -14, Approving the Planned Unit Development (PUD) Application
for the Gandorf PUD, Tract B, Block 1, Wildridge Subdivision
B. Letter from Sean Reynolds outlining the requested PUD Amendment
C. Draft Council Ordinance No. 12 -07
D. Public Input
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 15
Attachment A
TOWN OF AVON, COLORADO
ORDINANCE NO. 09-14
SERIES of 2009
AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION FOR THE GANDORF PUD, TRACT B, BLOCK 1, WILDRIDGE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND SETTING
FORTH DETAILS IN REGARD THERETO
WHEREAS, Dominic Mauriello of Mauriello Planning Group, representing the owner of
Tract B, Block 1, Wildridge Subdivision, has applied for a Planned Unit Development ( "PUD ")
Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code;
WHEREAS, pursuant to the notice required by law, the Planning & Zoning Commission
of the Town of Avon held public hearings on August 4 th and September 1s 2009, at which time
the applicant, the Planning and Zoning Commission, and the public were given an opportunity to
express their opinions and present certain information regarding the proposed PUD Amendment
application;
WHEREAS, the Planning & Zoning Commission forwarded a recommendation of
conditional approval of the PUD Amendment Application to the Town Council through
Resolution 09 -13;
WHEREAS, the Town Council has considered and found this application is substantial
compliance with the criteria in Title 17.20.110(h) of the Avon Municipal Code„ or has
determined that not all design criteria may be applicable.
WHEREAS, Ordinance 09 -14 approves and incorporates by reference the PUD
Development Plan attached hereto as Exhibit A: Gandorf PUD Development Plan; and;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
Section 1. Planned Unit Development Amendment The Gandorf PUD Amendment
application for Tract B, Block 1, Wildridge Subdivision is hereby approved subject to the
following conditions:
1. Tract B shall be limited to four dwelling units in the format of two duplex structures
developed in a townhouse configuration;
2. Two of the dwelling units shall be limited to a maximum residential floor area of
1,500 sq. ft. and the other two dwelling units shall be limited to a maximum residential
floor area of 1,900 sq. ft. Garage area is excluded from this calculation;
3. Building height on the easternmost duplex shall be limited to 33' and 27' on the
westernmost duplex;
4. Site coverage shall be limited to 25% of the total site area;
5. Landscape area shall have a minimum area of 40% of the total site area;
6. A six foot wide pedestrian access easement as depicted on the plan and a paved path
shall be provided from the edge of pavement on Old Trail Road to the park parcel to the
south;
7. An easement as depicted on the plan shall be provided for future community
mailboxes; and,
8. The applicant agrees to offer one dwelling unit on the site for sale to full -time
residents of the Town of Avon . This one unit will be offered for sale with a deed
restriction ( "Deed Restriction ") restricting its occupancy and resale to full -time residents
of the Town of Avon in the form attached to this ordinance as Exhibit B: Form of Deed
Restriction. The Owner of the Tract B, Block 1, Wildridge Subdivision, Avon,
Colorado, shall execute and record the Deed Restriction as a condition of approval of the
Gandorf PUD. The imposition of the Deed Restriction shall be required as a condition of
issuance of a certificate of occupancy or temporary certificate of occupancy for the
earlier of the third dwelling unit or second duplex structure.
Section 2. Vested Property Rights The approval of the Gandorf PUD Amendment
application shall not create any vested property rights because the Gandorf PUD does not include
a development agreement and therefore does not meet the definition of a site specific
development plan as set forth in AMC Section 17.14.020.
Section 3. Correction of Errors Town Staff is authorized 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 4. 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.
2
[signature page follows]
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 13 day of October, 2009, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 10 day of November, 2009, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One -Lake *eet, Avon, Colorado.
t �
A L L- R k onald C. Wolfe, Mayor
ATTEST:
c
Pa cI enny, T n erk
INTRODUCED, FINALLY A,JPROVED, AND PASSED ON SECOND READING, AND
ORDERED POSTED: the FINALLY of a1/ 2009.
1i.', !.
' onald C. Wolfe Mayor
ATTEST:
' �Q� C- n
att c enny, To Jerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
3
Attachment B
To Whom it may concern:
This letter is in regards to the Gandorf Tract B development that is being constructed
at 2101 Old Trail Road. The owners of the project would like to propose a PUD amendment
for the project. Initially the deed restriction was bought up in a Planning and Zoning
meeting. The intentions of the board were to help "locals," or as they originally worded it
"people who lived or worked in eagle county" to have the option of purchasing a property
before it was available to the public. Initially the board also proposed that there would be a
set amount of time that this restriction would be in place. Their goal was to not hinder the
sale of the project in anyway, and in turn not encumber, not only the builders, but any
person who owned this property in the future.
This restriction was modified and became a deed restriction that is permanent and
has since created many tribulations. So far it has succeeded in pushing away buyers, all of
which have been "locals." It has become a factor that has burdened surrounding residents
who have become concerned about potential effects on their own property. Furthermore it
has put a stigma on the area where there were previously no deed restricted properties.
For this PUD amendment there would be no changes to the building in anyway,
everything would still be in compliance with all codes and regulations adopted by the Town
of Avon. There will be no changes to the environment or any negative affects to any
surrounding property. The only changes would be positives for the community. It would
promote the struggling real estate market in the whole community. It would help to create
a stronger community by promoting another family unit to join the community rather than
promoting another empty home with either, 'for sale' signs draped all over it or a
unmaintained depleting eyesore of a structure. We believe that removing this restriction will
help improve the general welfare of the community. Removing this restriction will not
impede the development or use of any of the surrounding properties. Conversely,
promoting this deed restriction could impede future families from wanting to join this
community. Because this is not anything tangible there is not a material benefit that the
town or community will be able to see. Instead there are many benefits that can potentially
develop with the removal of this restriction. An unintended consequence of this deed
restriction has been a public nuisance to the community which we would like to remedy.
The second part of this letter is in reference to the proposed bike path across the
Gandorf property. In the PUD it is stated that the builder must install a bike path along the
southeast side of the property, in order to provide easier access to the park. The builder has
many concerns about this path. First it would be a public path on private land thus making
the maintenance and upkeep very complicated. The legal ramifications for such a path are
numerous as well. Many Town of Avon employees have expressed concerns over the
proposed path. There are also concerns of an existing electrical pedestal that would create
construction issues. Furthermore there are drainage concerns that the path would cause.
Gandorf LLC is not asking to take the easement away, in the future the dynamics of the
community could change and there could be a potential need for the path. We understand
that and are willing to keep the easement. But currently this path is unnecessary and would
create many problems for the owners of the property and more so for the Town of Avon.
We would like the town to reconsider the installation of this path as a requirement of the
PUD.
Sincerely,
Sean Reynolds
On behalf of: Gandorf Tract B LLC
Attachment C
TOWN OF AVON, COLORADO
ORDINANCE 12 -07
SERIES OF 2012
AN ORDINANCE APPROVING AN AMENDMENT TO THE GANDORF PUD TO
REMOVE THE REQUIREMENT FOR DEED RESTRICTED HOUSINGAND
CONTRUCTION OF A PEDESTRIAN PATH
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, the Town of Avon approved a Rezoning from PUD for the Wildridge
Subdivision to PUD for Tract B, Block 1, Wildridge Subdivision, by Ordinance No. 09 -14; and
WHEREAS, Gandorf Tract B LLC (the "Owner ") has submitted an application for a PUD
amendment to remove a condition of approval requiring one deed restricted dwelling unit on -site
and requiring construction of a pedestrian path; and
WHEREAS, the Town Council held public hearings on May 22, 2012 and June 12, 2012
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Town Council fords that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this ordinance;
Ord 12 -07 Gandorf PUD Amendment 2 " Reading
June 12, 2012
Page 1 of 3
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 fmdings and determinations of the Town Council.
Section 2 Amendment to Gandorf PUD The Gandorf PUD Amendment application for
Tract B, Block 1, Wildridge Subdivision is hereby approved as follows:
R-. The requirement for construction of a paved path, as outlined in Ordinance 09 -14,
Condition #6, is removed.
Section 3 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 4 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5 Safety Clause The Town 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 Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
Ord 12 -07 Gandorf PUD Amendment 2 nd Reading
June 12, 2012
Page 2 of 3
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on June
12, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on May 22, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on June 12, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -07 Gandorf PUD Amendment 2 nd Reading
June 12, 2012
Page 3 of 3
Attachment
To Whom It May Concern:
We are the real estate brokers for unit D at 2101 Old Trail Road. We are in favor of
removing the deed restriction placed on unit D, as it has placed a negative effect on the sale of
this home. We have seen the local real estate market picking up and local buyers are taking
advantage of the depressed prices coupled with the record low interest rates. Many potential
buyers have seen unit D, many with a strong interest, but have been driven away based on the
deed restriction placed on this home. Not only does the deed restriction place a stigma on the
property, but it reduces the buyer pool in an already challenging real estate market. No other
property in Wildridge has a deed restriction. Thus, placing a deed restriction on unit D will
perpetually instill a stigma on this home and in return the community of Wildridge.
In addition, placing a deed restriction on unit D of 2101 Old Trail can have a negative impact on
the surrounding residents. In order to sell a unit with such a deed restriction it will take a
significant discount in sales price. This in turn negatively affects the property values of
surrounding properties in Wildridge.
Sincerely,
Steve MacDonald
_Vilt� f�
Ashley MacDon d
Coldwell Banker Distinctive Properties
286 Bridge Street, Vail, Colorado 81657
970 - 390 -3868 (cell - Ashley)
970 - 390 -0230 (cell- Steve)
Jared Barnes
'rom: Jon Stevenson <jstevo007 @yahoo.com>
Sent: Thursday, May 31, 2012 1:27 PM
To: Jared Barnes
Subject: Re: Notice of Public Hearing
Jared,
Thanks so much for the follow up and additional clarification. I also think the Avon USPS procedures are a
little out of wack. I will read through the web -links you sent. I don't think a sidewalk is necessary since there are
no other sidewalks in Wildridge. The potential release of the deed restriction however may be an issue. Again
thanks for your time and I'll let you know if I have any other questions.
Jon
From: Jared Barnes < ibarnesCa)_avon.org >
To: Jon Stevenson < istevo007C@ yahoo, corn >
Sent: Thursday, May 31, 2012 11:19 AM
Subject: RE: Notice of Public Hearing
Jon,
I am sorry that the mailing appeared to have issues. I personally delivered the stamped envelopes to the Avon Post Office
on 5/11/12 and placed them in the mail. I am unsure of the Post Office's procedures or why a mailing from the Avon PO
`o another Avon PO Box has to go through Grand Junction. That is baffling.
Anyways, there was a Public Hearing on 5/22/12 for a requested amendment to a PUD for the Gandorf PUD on Tract B,
Block 1, WR (2101 Old Trail Road). The request was to relive the applicant /owner of the property of the requirement for
an Occupancy -only Deed Restriction and the requirement to construct a sidewalk along Wildridge Road for the length of
the property. The Applicant /Owner of the Property are Buzz Reynolds, Sean Reynolds, and Phil Matsen. As you stated,
Buzz Reynolds is a Town Council member, but he did inform the Council of his conflict of interest and removed himself
from the room during the discussion on this topic.
The Town Council discussed at length the request and ultimately decided that removing the deed restriction was not
appropriate at this moment. They did approve the first reading of an Ordinance (12 -07), but that ordinance was modified
to only contain the removal of the requirement to construct a sidewalk, not the deed restriction. A second reading of the
ordinance will occur at the June 12`" Town Council meeting. I believe it is the intent of the applicant and Town Council
to further discuss the deed restriction and move forward with removing the requirement for construction of a sidewalk.
If you would like to watch the Town Council meeting to see what occurred please see the following link:
http://www.publicaccess5.QM/VideoLibrqU.cf
M
You can quickly access the specific topic, but choosing "Avon Town Council ", then "Avon Town Council 5/22/12 ", then
clicking on the "Chapter" Tab and choosing "Chapter /: Ordinance 7 ".
You can also review the staff report and associated documents at the following link:
litip://co-avon.eivieplus.com/Aichive.awx
Under the "Town Council Packets" drop -down menu choose the "Avon Regular Meeting 5/22/12" document.
If you would like to provide any additional public input on this topic, you may write a letter or email me back no later
than June 6 and it will be included in the Town Council Packet. I will include your current email in the Public Input if
you would like.
If you would like to further discuss the request, or what happened in more detail, please do not hesitate to call me at 970-
748 -4023. I would be happy to answer your questions.
Regards,
Jared Barnes
Planner I
Community Development
Town of Avon
PO Box 975
Avon, CO 81620
970 -748 -4023
From: Jon Stevenson Lmailto:jstevo007(aDy hoo.com]
Sent: Thursday, May 31, 2012 10:51 AM
To: Jared Barnes
Subject: Notice of Public Hearing
Hi Jared,
I received a Notice of Public Hearing from the TOA regarding Tract B, Block 1, Wildridge Subdivision/2101
Old trail Rd. The date of the public hearing was held on 5/22/12 at 5:30 and the notice I received said it
was mailed on 5/11/12. However the post mark on the envelope was dated 5/22/12 in Grand Junction the same
day of the hearing and it's hard to believe it was delivered prior to the meeting (see attached). I find it kind of
concerning that the notice was not received by other local residences in time for the meeting. From what I have
heard is that the property developer has ties to the TOA and maybe trying to get their previous pre - construction
TOA agreement amended in their favor while the local community would be giving up on some of the benefits
from that agreement. Could you please give me an update what decisions were made at the hearing? I'm not
here to raise hell but just trying to get a fair update.
Thanks for your time, Jon Stevenson
To Honorable Mayor and Town Council
From Jared Barnes, Planner I
Thru Patty McKenny, Acting Town Manager
Eric Heil, Town Attorney
Date May 17, 2012
Re Gandorf PUD Amendment Regarding Deed Restricted Housing and Construction of a
Paved Path
Summary
Gandorf Tract B LLC, the Owner and Applicant, is requesting a Planned Unit Development (PUD)
amendment to remove the requirements for one Deed Restricted Housing Unit and the construction of a
paved path on Tract B, Block 1, Wildridge Subdivision (the Property). The amendment request is in
response to conditions of approval placed on the Property during the Gandorf PUD Amendment approval
in 2009. The application is being processed as a Minor Amendment to a Final PUD.
Attached to this memo are Ordinance No. 09 -14 (Attachment A), Letter of Request from Sean Reynolds,
Gandorf Tract B LLC (Attachment B), and Draft Ordinance No. 12 -07 (Attachment C).
Process
The PUD request is being processed as an Amendment to a Final PUD. Section 7.16.060(h),
Amendments to a Final PUD, Avon Municipal Code (AMC) refers to §7.16.020(8), Minor Amendment, for
determining when a proposed amendment may be treated as a "minor" amendment and processed
administratively. The Director has determined that the requested modifications to the PUD do not result
in an increase in density or a change in the housing mix, and therefore the Minor Amendment process is
applicable. However, the provisions of the Minor Amendment section also allow the Director to refer an
application to the decision - making body responsible for the original approval if the Director determines
that the amendment may result in a material change to the approved development application. The
requested removal of one deed restricted housing unit is a material change to the approved Gandorf
PUD; therefore, the Gandorf PUD Amendment application is referred to the Town Council for review. A
PUD Amendment requires that all property owners within three - hundred feet (300') be noticed of the
request via a mailing. The mailing was completed on May 4 2012 by Town Staff.
Background
In November, 2009, the Town Council approved Ordinance 09 -14 (Attachment A) approving a PUD
amendment for the Property. The PUD amendment included modifying the previous zoning of Light
Commercial use with four (4) accessory apartment units to four (4) dwelling units. Also included in the
PUD amendment were the following conditions of approval:
1. Tract B shall be limited to four dwelling units in the format of two duplex structures developed
in a townhouse configuration;
2. Two of the dwelling units shall be limited to a maximum residential floor area of 1,500 sq. ft.
and the other two dwelling units shall be limited to a maximum residential floor area of 1,900 sq.
ft. Garage area is excluded from this calculation;
3. Building height on the easternmost duplex shall be limited to 33' and 27' on the westernmost
duplex;
4. Site coverage shall be limited to 25% of the total site area;
5. Landscape area shall have a minimum area of 40% of the total site area;
6. A six foot wide pedestrian access easement as depicted on the plan and a paved Path shall
be provided from the edge of pavement on Old Trail Road to the park parcel to the south
7. An easement as depicted on the plan shall be provided for future community mailboxes; and,
8. The applicant agrees to offer one dwelling unit on the site for sale to full -time residents of the
Town of Avon. This one unit will be offered for sale with a deed restriction (`Deed Restriction')
restricting its occupancy and resale to full -time residents of the Town of Avon in the form attached
to this ordinance as Exhibit B: Form of Deed Restriction. The Owner of the Tract B Block 1
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 11
Wildridge Subdivision, Avon. Colorado, shall execute and record the Deed Restriction as a
condition of approval of the Gandorf PUD. The imposition of the Deed Restriction shall be
required as a condition of issuance of a certificate of occupancy or temporary certificate of
occupancy for the earlier of the third dwelling unit or second duplex structure.
Previous PUD Review Criteria
At the time of the PUD approval, the governing code was Title 17, specifically Chapter 17.20.110,
Planned Unit Development. Subsection (h), Design Criteria, AMC, contained some of the PUD review
criteria. The final criteria (12) stated: "That the PUD or amendment to PUD requested provides evidence
of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section
17.28.085." The section reference helped further define "public purposes" by using the following three (3)
criteria.
1. The application demonstrates a public purpose which the current entitlements cannot achieve.
2. Approval of the zoning application provide long -term economic, cultural or social community
benefits that are equal to or greater than potential adverse impacts as a result of the changed
zoning rights.
3. The flexibility afforded in approval of the zoning application will result in better siting of the
development, preserving valued environmental and cultural resources and increasing the amount
of public benefit consistent with the community master plan documents.
As is evidenced throughout each of these separate code sections, the PUD approval requirements used
the terms "public purpose" and "public benefit' to continually state that a PUD was intended to allow for
greater flexibility in zoning in exchange for a tangible public benefit that could not be achieved through the
current zoning. As listed below, the review criteria for reviewing PUD and PUD amendment requests
have changed. Eligibility Criteria #5 requires that a public benefit be provided by the application. While
the language has been modified from the previous zoning code, the intent of the criteria remains the
same.
Current PUD Review Criteria
Pursuant to Section 7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall use the
following review criteria as the basis for recommendations and decisions on applications to establish a new
PUD or amend an existing PUD:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or
incorporates creative site design such that it achieves the purposes of this Development Code
and represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree /vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and
fire protection, and sewage and waste disposal, as applicable) will be available to serve the
subject property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will 'be compatible in scale with uses or potential future
uses on other properties in the vicinity of the subject tract.
Subsection (iii) above refers to §7.16.060(b), Eligibility Criteria, which is included below:
(1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD
approval.
Town Council Meeting May 22, 2012 — GandorF PUD Amendment: Deed Restricted Housing Page 12
(2) Consistency with Comprehensive Plan. The proposed development shall be consistent
with the Avon Comprehensive Plan.
(3) Consistent with PUD Intent. The proposed development shall be consistent with the
intent and spirit of the PUD purpose statement in §7.16.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not impede the
continued use or development of surrounding properties for uses that are permitted in the
Development Code or planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future
residents and the Town as a whole through the establishment of a PUD, where such benefit
would otherwise be infeasible or unlikely.
(6) Preservation of Site Features. Long -term conservation of natural, historical, architectural,
or other significant features or open space will be achieved, where such features would otherwise
be destroyed or degraded by development as permitted by the underlying zoning district.
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to
comply with all applicable regulations of the Development Code, to adequately serve the needs of
all permitted uses in the PUD projects, and to ensure compatibility between uses and the
surrounding neighborhood.
PUD Approval
During the PUD amendment application in 2009, the Applicant proposed public benefits including: a
sidewalk easement and accompanying sidewalk; a mailbox easement; reduced building heights; reduced
site coverage; increased minimum landscaping; and limitations of unit sizes. Some of the proposed
benefits were limitations on development of the property that fit within the anticipated development plan,
while others were encumbrances placed on the property for the community.
During the PUD amendment review, the PZC discussed a potential deed restriction and ultimately
recommended approval of the PUD Amendment with a condition that one dwelling unit on -site is offered
for sale to Eagle County Residents or Employees for a 90 -day period after the final design approval. The
condition further discussed that the restriction would carry no income restrictions or appreciation caps,
and if there were no purchasers within the 90 -day period the restriction would be lifted. The PZC
recommendation of approval also included the other proposed benefits as previously discussed.
This recommendation was presented to Town Council, who also discussed the deed restriction and how
the Town could keep at least one unit available for locals. The Council felt that the time period was an
ineffective way to implement the deed restriction as that would allow the developer to hold off a sale for
91 -days after final design approval. In either review, little discussion occurred on the proposed sidewalk
easement and accompanying sidewalk construction. The Town Council ultimately approved Ordinance
09 -14 (Attachment A) with an occupancy -only deed restriction (Exhibit B to Attachment A). The
additional proposed public benefits were included in the approval as well.
Proposed PUD Amendment
The proposed PUD Amendment requests two reliefs from Ordinance 09 -14: (1) Lift the deed restriction
clause from the Property; and, (2) Lift the requirement to construct the sidewalk. The Applicant is not
proposing any alternative benefit for either request and has provided a letter (Attachment B) overviewing
their request.
The applicant has successfully complied with conditions 1-5, as outlined previously in this report, by
receiving design approval of a development plan on May, 4 th 2010. Condition #7 was completed during
the subdivision process. The recorded plat depicts a ten foot (10') wide by twenty -eight foot (28') long
"community mailbox easement" that is dedicated to the Town. Condition #6 was partially completed
during the subdivision process, by platting a "six foot (6') wide pedestrian & access easement ", which was
also dedicated to the Town. The remaining portion of this condition has not been completed and the
Applicant is requesting relief of the requirement. Condition #8 is another non - completed item that the
Applicant is also requesting relief from.
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 13
Council should note that the criteria for review PUDs and PUD Amendments has changed with the
adoption of the Avon Development Code in November of 2010, as stated above in this report and
restated below:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree /vegetation preservation; efficient provision of streets, roads, and other
utilities and services; or increased choice of living and housing environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff has provided the Town Council with an Ordinance (Attachment C) approving the PUD amendment
if the Council has determined the requested modifications meet the Review Criteria. Due to the impact of
this decision on the overarching policy implications with deed restricted housing and public benefits, Staff
is seeking Council's direction. Staff would prefer input from the Town Council on their views of these
issues and provide direction that will assist Staff in informing applicants of potential public benefits on
future applications.
Recommendations
If the Town Council is satisfied with the PUD Amendment request, they should approve the first reading of
Ordinance No: 12 -07 and schedule a second reading for June 12, 2012. If the Town Council is not satisfied
with the PUD Amendment request, then they should move to deny the Gandorf PUD Minor Amendment
Town Manager Comments:
Attachments
A. Approved Council Ordinance No. 09 -14, Approving the Planned Unit Development (PUD) Application
for the Gandorf PUD, Tract B, Block 1, Wildridge Subdivision
B. Letter from Sean Reynolds outlining the requested PUD Amendment
C. Draft Council Ordinance No. 12 -07
Town Council Meeting May 22, 2012 — Gandorf PUD Amendment: Deed Restricted Housing Page 14
Attachment A
ORDINANCE NO.
SERIES of 2009
AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION FOR THE GANDORF PUD, TRACT B, BLOCK 1, WILDRIDGE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND SETTING
FORTH DETAILS IN REGARD THERETO
WHEREAS, Dominic Mauriello of Mauriello Planning Group, representing the owner of
Tract B, Block 1, Wildridge Subdivision, has applied for a Planned Unit Development ( "PUD ")
Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code;
WHEREAS, pursuant to the notice required by law, the Planning & Zoning Commission
of the Town of Avon held public hearings on August 4 th and September 1 2009, at which time
the applicant, the Planning and Zoning Commission, and the public were given an opportunity to
express their opinions and present certain information regarding the proposed PUD Amendment
application;
WHEREAS, the Planning & Zoning Commission forwarded a recommendation of
conditional approval of the PUD Amendment Application to the Town Council through
Resolution 09 -13;
WHEREAS, the Town Council has considered and found this application is substantial
compliance with the criteria in Title 17.20.110(h) of the Avon Municipal Code„ or has
determined that not all design criteria may be applicable.
WHEREAS, Ordinance 09 -14 approves and incorporates by reference the PUD
Development Plan attached hereto as Exhibit A: Gandorf PUD Development Plan; and;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
Section 1. Planned Unit Development Amendment The Gandorf PUD Amendment
application for Tract B. Block 1, Wildridge Subdivision is hereby approved subject to the
following conditions:
1. Tract B shall be limited to four dwelling units in the format of two duplex structures
developed in a townhouse configuration;
2. Two of the dwelling units shall be limited to a maximum residential floor area of
1,500 sq. ft. and the other two dwelling units shall be limited to a maximum residential
floor area of 1,900 sq. ft. Garage area is excluded from this calculation;
3. Building height on the easternmost duplex shall be limited to 33' and 27' on the
westernmost duplex;
4. Site coverage shall be limited to 25% of the total site area;
5. Landscape area shall have a minimum area of 40% of the total site area;
6. A six foot wide pedestrian access easement as depicted on the plan and a paved path
shall be provided from the edge of pavement on Old Trail Road to the park parcel to the
south;
7. An easement as depicted on the plan shall be provided for future community
mailboxes; and,
8. The applicant agrees to offer one dwelling unit on the site for sale to full -time
residents of the Town of Avon . This one unit will be offered for sale with a deed
restriction ( "Deed Restriction ") restricting its occupancy and resale to full -time residents
of the Town of Avon in the form attached to this ordinance as Exhibit B: Form of Deed
Restriction. The Owner of the Tract B, Block 1, Wildridge Subdivision, Avon,
Colorado, shall execute and record the Deed Restriction as a condition of approval of the
Gandorf PUD. The imposition of the Deed Restriction shall be required as a condition of
issuance of a certificate of occupancy or temporary certificate of occupancy for the
earlier of the third dwelling unit or second duplex structure.
Section 2. Vested Property Rights The approval of the Gandorf PUD Amendment
application shall not create any vested property rights because the Gandorf PUD does not include
a development agreement and therefore does not meet the definition of a site specific
development plan as set forth in AMC Section 17.14.020.
Section 3. Correction of Errors Town Staff is authorized 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 4. 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.
2
[signature page follows]
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 13 day of October, 2009, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 10 day of November, 2009, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One.- LaZ6"Skreet, Avon, Co- torado.
4
f' 1 24 r `v
k �onald C. Wolfe, Mayor
ATTEST:
r C
Patt cI enny, T n erk
INTRODUCED, FINALLY AEI?ROVED, AND P SSED ON
_
ORDERED POSTED: the dl- day of `i�c5�1 r,, 2009.
ATTEST:
c
alerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
SECOND READING, AND
TOWN OF AVON
FULL TIME RESIDENT HOUSING DEED RESTRICTION
NON -PRICE CAPPED
THIS DEED RESTRICTION ( "Deed Restriction ") is made and executed this day
of 2009 by ( "Owner "), whose address is
for the benefit of the Town of Avon, a Colorado home rule municipality
( "Town ").
WHEREAS, as a condition of a planned unit development amendment application submitted
by in 2009 to change the use of Tract
B, Wildridge PUD, ( "Property") to allow two duplex lots for a total of four residential units (two
duplexes) the Town Council of the Town of Avon required that one residential unit be subject to
and encumbered by a Full -Time Resident Housing Deed Restriction and which Property shall be
burdened and restricted by covenants which limit the ownership and use of the residential unit to
full -time residents of the Town of Avon, in accordance with the terms set forth in this Deed
Restriction.
NOW, THEREFORE, for value received, the Owner does hereby declare and impose the
following covenants on the real Property described below, which covenants shall burden and run
with the Property in perpetuity for the benefit of the Town until modified or released by the
Town.
COVENANTS
1. Property. The parcel of real estate described as , according to the
plat thereof recorded at in the office of the Eagle County Clerk and
Recorder, Colorado ( "Property ") is hereby burdened with the covenants set forth in this Deed
Restriction.
2. Definitions. The following definitions shall apply to terms used in the Deed Restriction:
a. Full -Time Resident shall mean a natural person who holds title to the Property and uses
the Property as the primary residence of such person and which primary residence status shall
be determined by the Town which may consider the rules for determining residence for voter
registration purposes in the State of Colorado as set forth in Colorado Revised Statutes § 1 -2-
102, and which primary residence status may be evidenced by voter registration, driver's
license registration, motor vehicle registration, utility bills, federal and state tax returns,
business pursuits, location of employment, residence of children and spouses, sites of personal
property, existence of other residences and the amount of time spent at each residence, and
other information which the Town deems is relevant to the determination of primary residence.
b. Non- Qualified Owner shall mean any person who does not meet the definition of
Qualified Owner including persons who originally qualified as a Qualified Owner but whose
circumstances change and who no longer meet the definition of Qualified Owner.
Page 1 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
C. Owner shall mean the Owner of the Property and may include either a Qualified Owner
or Non - Qualified Owner, as the context requires.
d. Part -Time Resident shall mean a natural person who does not meet the definition of Full
Time Resident.
e. Qualified Owner shall mean a natural person who is a Full -Time Resident of the Town
that possesses an ownership interest in the Property in compliance with the terms and
provisions of this Deed Restriction and whose qualifications to own the Property have been
certified by the Town at the time the Owner takes title to the Property, or shall mean the Town
of Avon, Colorado or its designee.
f. Second Home shall mean the status of the Property when used by any person who has a
primary residence that is other than the Property.
g. Short Term Rental shall mean the rental or lease of the Property for a period of time
that is less than thirty (30) days.
3. Use of the Property. The use of the Property shall be limited to occupancy by a Qualified
Owner, immediate family members of a Qualified Owner, lessees and temporary invitees who do
not provide compensation for temporary residence at the Property. A Qualified Owner may rent
or lease rooms in the Property or may rent all of the Property to a natural person or persons who
meet the definition of Full -Time Resident(s) and is a Qualified Lessee for periods of thirty (30)
days or longer. Occupancy of the Property by a Part-Time Resident shall not be allowed and is
prohibited. Use of the Property as a Second Home or for Short Term Rental shall not be allowed
and is prohibited. Any use of the Property which is not allowed or is prohibited by this Deed
Restriction shall constitute a default and shall be subject to the enforcement provisions and
remedies contained herein.
4. Re -Sale Controls. The Property may not be sold or otherwise transferred to any person
other than a Qualified Owner in accordance with the procedures for prior verification contained
in this Paragraph 4.
a. Owner shall deliver to the Town a written notice of intent to sell the Property which
notice shall include the name(s) of the buyer(s) and all information required to determine
whether the buyer(s) is a Full -Time Resident and would meet the definition of Qualified
Owner.
b. Buyer(s) shall submit an administrative fee in the amount of ONE HUNDRED AND
FIFTY DOLLARS ($150.00) to the Town to pay for the cost of reviewing and rendering
a determination as to whether a prospective Buyer(s) meets the definition of Full -Time
Resident and would meet the definition of Qualified Owner.
C. Once the Town has received complete information concerning the prospective Buyers(s)
and has received the administrative fee, the Town shall review the information and make
Page 2 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
a written determination as to whether the buyer(s) meets the definition of Full -Time
Resident or Qualified Owner within a reasonable time and not to exceed thirty (30) days.
d. The Town may require the Buyer to reimburse the Town for any additional costs that are
incurred in the review and determination of whether a buyer(s) meets the definition of
Full -Time Resident and would meet the definition of Qualified Owner, including but not
limited to legal costs, title review costs, and investigation costs.
e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing
by the Town to be a Full -Time Resident and will be a Qualified Owner.
5. Default by Owner. A default by Owner shall include breach of the covenants set forth in
this Deed Restriction, including without limitation any of the following:
a. Transfer or conveyance of the Property to a person or entity that is not a Qualified
Owner.
b. Acceptance of the Property by a person or entity that is not a Qualified Owner.
C. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to
obtaining certification from the Town that such person is a Qualified Owner.
d. Lease of the Property to a person or entity that is not a Full Time Resident.
e. Lease of the Property to person who is a Full Time Resident prior to obtaining
certification from the Town that such person is a Full Time Resident and Qualified
Lessee.
L Failure to make payments and comply with the terms of any deed of trust placed on the
Property.
g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with
an indebtedness or obligation that exceeds eighty -five (85 %) of the loan to value ratio of
the Property at the time of executing such deed of trust, lien or other encumbrance.
h. Any action by the Owner to encumber the Property in a manner that conflicts with the
terms of this Deed Restriction or renders compliance with the terms of this Deed
Restriction impossible or impractical.
6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town
shall send a written notice of default to the Owner detailing the nature of the default and
providing sixty five (65) days for the Owner to cure such default. The notice shall state that the
Owner may request in writing a hearing before the Town Council of the Town which may be
held no sooner than ten (10) days after the date of mailing the notice of default. If no hearing is
requested in writing and the violation is not cured within sixty -five (65) days of mailing the
notice of default, the Owner shall be deemed to be violation of this Deed Restriction. If a
Page 3 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
hearing is held, the decision of the Town Council of the Town shall be final for the purpose of
determining if a violation has occurred. In the event of any lease to a Part-Time Resident or use
of the Property as a Short Term Rental, any amounts collected or receipt of other things of value
by the Owner or assigns under such leases shall be paid to the Town as a material requirement of
curing the notice of default.
7. Remedies. In the event of non - performance, default or breach of any term of this Deed
Restriction, either party shall have the right to enforce the other party's obligations herein by an
action for any equitable remedy, including injunction or specific performance, as well as pursue
an action to recover damages. In addition, any amount due and owing to the Town shall bear
interest at the rate of one percent (1 %) per month, compounded monthly, until paid in full. The
Town shall be entitled to recover any costs related to enforcement of this Deed Restriction,
including but not limited attorney's fees, court filing costs and county recording costs. In
addition to any other remedy provided by law or equity, the Town may attach a lien for any
amount due to the Town upon the Property and enforce the lien as a general mechanic's lien in
the manner and according to the procedures set forth in Colorado Revised Statutes, Title 38,
Article 22, and the Owner expressly waives any objection to the attachment of a lien or
enforcement as a general mechanic's lien for amounts due to the Town. In the event of a transfer
or conveyance of the Property which violates the terms of this Deed Restrictions and constitutes
a default, both the grantor and grantee shall be jointly and severally liable for any damages and
costs due under this Deed Restriction.
8. Liquidated Damages. The parties acknowledge and agree that in the event of a default by
the Owner, the determination of actual monetary damages would be difficult to ascertain.
Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and
applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that
the Owner is in default of this Deed Restriction and has failed to cure the default. Liquidated
damages shall be in addition to the Town's ability to recover costs as stated in Paragraph 8
above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of
injunction and /or specific performance. In the event of any lease to a Part-Time Resident or use
of the Property as a Short Term Rental, any amounts collected or receipt of other things of value
by the Owner or assigns under such leases shall be paid to the Town as additional liquated
damages above and in addition to the amounts specified above.
9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. In the event of
foreclosure or acceptance of a deed in lieu of foreclosure by the holder of a deed of trust this
Deed Restriction shall be automatically and permanently released and terminated and shall be of
no further force and effect if, and only if, the conditions in this Paragraph 10 are satisfied. In the
event of release and termination of the Deed Restriction, the Town, or its authorized successor,
shall cause to be recorded in the records of the Clerk and Recorder for Eagle County, Colorado, a
full and complete release of this Deed Restriction.
The conditions which must be satisfied prior to the release and termination of the deed restriction
shall be as follows:
Page 4 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
a. The deed of trust, lien or other encumbrance against the Property must have previously
been recorded in the Clerk and Recorder's Office of Eagle County, Colorado.
and,
b. The holder of the deed of trust, lien or other encumbrance has given to the Town notice
of Owner's default of the deed of trust or lien, which includes:
i. The legal description and physical address of the Property;
ii. The Owner's name;
iii. The name, mailing address, e-mail address, phone number and contact person of the
holder of the deed of trust or lien;
iv. A copy of the recorded deed of trust, lien or other instrument creating an
encumbrance on the Property; and,
V. Copies of any and all notices of default, notice of foreclosure or correspondence
between the holder of the deed of trust or lien and the Owner.
and,
C. The deed of trust, lien or other encumbrance placed on the Property did not exceed
eighty -five percent (85 %) of the loan to value ratio of the Property when considered with
all existing deeds of trust, liens or other encumbrances at the time of recording such
document.
and,
d. The Option Period as set forth in Paragraph 11 below has expired without exercise of the
Option to Purchase by the Town or assigns;
or,
e. The Town has exercised the Option to Purchase but failed to close or perform under the
Option to Purchase.
10. Option to Purchase. In the event of default by the Owner which is not cured, or upon
receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of
trust or other encumbrance as provided in Paragraph 10 above (whichever is earlier), the Town
shall have the option to purchase ( "Option to Purchase ") the Property in accordance with the
procedures and terms set forth in this Paragraph 11 as follows:
a. The Town shall have an Option to Purchase for sixty -five (65) days ( "Option Period ")
Page 5 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
b. The Town shall have right of entry onto and into the Property during the Option Period to
inspect the Property.
C. The Town shall have the right to purchase the Property for the amount due to the holders
of any deeds of trust, liens or other encumbrances up to the maximum amount defined in
Paragraph 6.g. above, which amounts shall be paid in order of priority of the holders of
such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall
remain in effect and burden the Property after acquisition by the Town and upon re-
conveyance to a subsequent Qualified Owner.
d. The Town shall have the right to assign the Town's right to purchase the Property to any
Qualified Owner provided that this Deed Restriction shall remain in effect and burden the
Property.
e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special
warranty deed in accordance with Colorado Revised Statute §38 -30 -115 and shall include
the words, "and warrant title against all persons claiming under me."
L Normal and customary closing costs shall be shared equally between the Owner and
Town or Town's assigns. The Town or assigns shall be responsible, at its cost, for any
and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be
prorated based upon taxes for the calendar year immediately preceding closing.
g. If the Town or assigns do not exercise the Option to Purchase during the Option Period,
then the holder of a deed of trust shall be entitled to a release and termination of this
Deed of Trust in accordance with Paragraph 10 above. In the event that Town's Option
to Purchase arises from a default by Owner and not a notice of foreclosure or notice of
default submitted by the holder of a deed of trust to the Town, then the Town may
unilaterally extend the Option Period until such time as Town, or assigns, exercise the
Option to Purchase or the Owner cures any and all defaults.
11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and
effect, shall run with and burden the land, and shall constitute a condition of the subdivision and
land use approval which shall survive and sale of the Property through a tax lien sale process.
12. General Provisions.
a. Severability. If any term, provision, covenant or condition of this Deed Restriction is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Deed Restriction shall continue and remain in full force and
effect.
b. Counting Days. If the final day of any notice, default or other event falls on a Saturday,
Sunday or legal holiday recognized by the State of Colorado, then the final day shall be
deemed to be the next day which is not a Saturday, Sunday or legal holiday.
Page 6 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction
shall be effective unless provided in writing. No waiver of any term or provision of this
Deed Restriction in any instance shall constitute a waiver of such provision in any other
instance. The Town Council may provide a waiver along with any conditions of the
waiver with regard to any of the terms and provisions in this Deed Restriction where
unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a
default and such waiver, with conditions if any, supports the purpose and intention of this
Deed Restriction.
d. Amendment. This Deed Restriction may only be amended in writing by the mutual
agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office
of Eagle County, Colorado.
e. Recording. The Owner shall record this Deed Restriction in the Property Records of
Eagle County, Colorado and the original executed and record documents must be
returned to the Town.
f. Assignment. The Town may assign this Deed Restriction and all rights and obligations,
without consent of the Owner, to any other public entity, non - profit corporation or other
entity which is organized and exists for the purpose to provide and promote affordable
housing for full time residents.
g. No Third Party Beneficiaries. Nothing contained in this Deed Restriction is intended to
or shall create a contractual relationship with, cause of action in favor of, or claim for
relief for, any third parry.
It. Choice of Law. This Deed Restriction shall be governed and construed in accordance
with the laws of the State of Colorado. Venue for any legal action arising from this Deed
Restriction shall be in Eagle County, Colorado.
i. Successors. Except as otherwise provided herein, the provisions and covenanted
contained herein shall inure to and be binding upon the heirs, successors and assigns of
the parties. The covenants shall be a burden upon and run with the Property for the
benefit of the Town or the Town's assigns, who may enforce the covenants and compel
compliance therewith through the initiation of judicial proceedings for, but not limited to,
specific performance, injunctive relief, reversion, eviction and damages.
j. Section Headings. Paragraph or section headings within this Deed Restriction are
inserted solely for convenience of reference and are not intended to and shall not govern,
limit or aid in the construction of any terms or provisions contained herein.
k. Gender and Number. Whenever the context so requires in this Deed Restriction, the
neuter gender shall include any or all genders and vice versa and the use of the singular
shall include the plural and vice versa.
Page 7 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
I. Notice. Any notice, consent or approval, which is required to be given hereunder, shall
be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing
by certified mail with return receipt requested; sending by overnight delivery with a
nationally recognized courier service that delivers to the physical address of the intended
recipient; or, by hand - delivering to the intended recipient. Notices shall be provided to
the Town of Avon at P.O. Box 975, One Lake Street, Avon, CO 81620. Notices shall be
provided to Owner at the address provided by the Eagle County Assessor's office or may
be hand - delivered to any occupant at the Property who is over eighteen (18) years of age.
[signature page follows]
Page 8 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day
and the year first written above.
OWNER:
[print name]
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
by
My commission expires:
2009,
Notary Public
TOWN OF AVON, CO:
Attest:
Town Clerk
, Mayor
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed before me this day of , 2009, by , as Mayor,
and , as Town Clerk of the Town of Avon, a Colorado home rule municipal
corporation.
My commission expires:
Notary Public
Page 9 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
November 17, 2009
Attachment -8
To Whom it may concern:
This letter is in regards to the Gandorf Tract B development that is being constructed
at 2101 Old Trail Road. The owners of the project would like to propose a PUD amendment
for the project. Initially the deed restriction was bought up in a Planning and Zoning
meeting. The intentions of the board were to help "locals," or as they originally worded it
"people who lived or worked in eagle county" to have the option of purchasing a property
before it was available to the public. Initially the board also proposed that there would be a
set amount of time that this restriction would be in place. Their goal was to not hinder the
sale of the project in anyway, and in turn not encumber, not only the builders, but any
person who owned this property in the future.
This restriction was modified and became a deed restriction that is permanent and
has since created many tribulations. So far it has succeeded in pushing away buyers, all of
which have been "locals." It has become a factor that has burdened surrounding residents
who have become concerned about potential effects on their own property. Furthermore it
has put a stigma on the area where there were previously no deed restricted properties.
For this PUD amendment there would be no changes to the building in anyway,
everything would still be in compliance with all codes and regulations adopted by the Town
of Avon. There will be no changes to the environment or any negative affects to any
surrounding property. The only changes would be positives for the community. It would
promote the struggling real estate market in the whole community. It would help to create
a stronger community by promoting another family unit to join the community rather than
promoting another empty home with either, 'for sale' signs draped all over it or a
unmaintained depleting eyesore of a structure. We believe that removing this restriction will
help improve the general welfare of the community. Removing this restriction will not
impede the development or use of any of the surrounding properties. Conversely,
promoting this deed restriction could impede future families from wanting to join this
community. Because this is not anything tangible there is not a material benefit that the
town or community will be able to see. Instead there are many benefits that can potentially
develop with the removal of this restriction. An unintended consequence of this deed
restriction has been a public nuisance to the community which we would like to remedy.
The second part of this letter is in reference to the proposed bike path across the
Gandorf property. In the PUD it is stated that the builder must install a bike path along the
southeast side of the property, in order to provide easier access to the park. The builder has
many concerns about this path. First it would be a public path on private land thus making
the maintenance and upkeep very complicated. The legal ramifications for such a path are
numerous as well. Many Town of Avon employees have expressed concerns over the
proposed path. There are also concerns of an existing electrical pedestal that would create
construction issues. Furthermore there are drainage concerns that the path would cause.
Gandorf LLC is not asking to take the easement away, in the future the dynamics of the
community could change and there could be a potential need for the path. We understand
that and are willing to keep the easement. But currently this path is unnecessary and would
create many problems for the owners of the property and more so for the Town of Avon.
We would like the town to reconsider the installation of this path as a requirement of the
PUD.
Sincerely,
Sean Reynolds
On behalf of: Gandorf Tract B LLC
Attachment C
TOWN OF AVON, COLORADO
ORDINANCE 12 -07
SERIES OF 2012
AN ORDINANCE APPROVING AN AMENDMENT TO THE GANDORF PUD TO
REMOVE THE REQUIREMENT FOR DEED RESTRICTED HOUSING AND
CONTRUCTION OF A PEDESTRIAN PATH
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, the Town of Avon approved a Rezoning from PUD for the Wildridge
Subdivision to PUD for Tract B, Block 1, Wildridge Subdivision, by Ordinance No. 09 -14; and
WHEREAS, Gandorf Tract B LLC (the "Owner ") has submitted an application for a PUD
amendment to remove a condition of approval requiring one deed restricted dwelling unit on -site
and requiring construction of a pedestrian path; and
WHEREAS, the Town Council held public hearings on May 22, 2012 and June 12, 2012
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, pursuant to Section 7.16.060(h), Amendments to a Final PUD, and Section
7.16.060(e)(4), Review Criteria, Avon Municipal Code, the Town Council has considered the
applicable review criteria and has determined that removal of the condition for one deed
restricted dwelling unit and removal of construction of a pedestrian path will allow for sale of the
residential unit on a free market basis, that the property was already approved as a PUD and
therefore meets the PUD eligibility requirements, that the development and sale of free market
duplex units for this property is consistent with the Avon Comprehensive Plan and compatible
with the scale and future uses of other properties in the vicinity, that adequate utilities are
sufficient to serve the property, and that the PUD Amendment will not result in any significant
impacts to other properties in the vicinity of the tract ; and
WHEREAS, the Town Council fmds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this ordinance;
Ord 12 -07 Gandorf PUD Amendment
May 17, 2012
Page 1 of 3
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 Amendment to Gandorf PUD The Gnadorf PUD Amendment application for
Tract B, Block 1, Wildridge Subdivision is hereby approved as follows:
A. The requirement for providing and on -site Deed Restricted unit, as outlined in Ordinance
09 -14 condition #8, is removed; and,
B. The requirement for construction of a paved path, as outlined in Ordinance 09 -14,
Condition #6, is removed.
Section 3 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 4 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5 Safety Clause The Town 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 Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
Ord 12 -07 Gandorf PUD Amendment
May 17, 2012
Page 2 of 3
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on June
12, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on May 22, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on June 12, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -07 Gandorf PUD Amendment
May 17, 2012
Page 3 of 3
EAGLE COUNTY, CO 201 15833
TEAK J SIMONTON
P9s= 9 04= 13:06PM �1 8�67r201
REC: 651.00 DOC: 9
TOWN OF AVON
FULL TIME RESIDENT HOUSING DEED RESTRICTION
NON -PRICE CAPPED
THIS DEED RESTRICTION ( "Deed Restriction ") is made and executed this 13 day of
June, 2012 by Gandorf Tract B LLC ( "Owner "), whose address is PO Box 738, Avon, CO
81620, for the benefit of the Town of Avon, a Colorado home rule municipality ( "Town ").
WHEREAS, as a condition of a planned unit development amendment application submitted
by Gandorf Tract B LLC in June, 2009 to change the use of Tract B, Wildridge PUD,
( "Property") to allow two duplex lots for a total of four residential units (two duplexes) the Town
Council of the Town of Avon required that one residential unit be subject to and encumbered by
a Full -Time Resident Housing Deed Restriction and which Property shall be burdened and
restricted by covenants which limit the ownership and use of the residential unit to full -time
residents of the Town of Avon, in accordance with the terms set forth in this Deed Restriction.
NOW, THEREFORE, for value received, the Owner does hereby declare and impose the
following covenants on the real Property described below, which covenants shall burden and run
with the Property in perpetuity for the benefit of the Town until modified or released by the
Town.
COVENANTS
1. Property. The parcel of real estate described as 2101 Old Trail Road Unit D (Lot D,
Gandorf Townhomes), according to the plat thereof recorded as Reception #201206947 in the
office of the Eagle County Clerk and Recorder, Colorado ( "Property ") is hereby burdened with
the covenants set forth in this Deed Restriction.
2. Definitions. The following definitions shall apply to terms used in the Deed Restriction:
a. Full-Time Resident shall mean a natural person who holds title to the Property and uses
the Property as the primary residence of such person and which primary residence status shall
be determined by the Town which may consider the rules for determining residence for voter
registration purposes in the State of Colorado as set forth in Colorado Revised Statutes §1 -2-
102, and which primary residence status may be evidenced by voter registration, driver's
license registration, motor vehicle registration, utility bills, federal and state tax returns,
business pursuits, location of employment, residence of children and spouses, situs of personal
property, existence of other residences and the amount of time spent at each residence, and
other information which the Town deems is relevant to the determination of primary residence.
b. Non - Qualified Owner shall mean any person who does not meet the definition of
Qualified Owner including persons who originally qualified as a Qualified Owner but whose
circumstances change and who no longer meet the definition of Qualified Owner.
Page 1 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
June 13, 2012
C. Owner shall mean the Owner of the Property and may include either a Qualified Owner
or Non - Qualified Owner, as the context requires.
d. Part-Time Resident shall mean a natural person who does not meet the definition of Full
Time Resident.
e. Qualified Owner shall mean a natural person who is a Full -Time Resident of the Town
that possesses an ownership interest in the Property in compliance with the terms and
provisions of this Deed Restriction and whose qualifications to own the Property have been
certified by the Town at the time the Owner takes title to the Property, or shall mean the Town
of Avon, Colorado or its designee.
f. Second Home shall mean the status of the Property when used by any person who has a
primary residence that is other than the Property.
g. Short Term Rental shall mean the rental or lease of the Property for a period of time
that is less than thirty (30) days.
3. Use of the Property. The use of the Property shall be limited to occupancy by a Qualified
Owner, immediate family members of a Qualified Owner, lessees and temporary invitees who do
not provide compensation for temporary residence at the Property. A Qualified Owner may rent
or lease rooms in the Property or may rent all of the Property to a natural person or persons who
meet the definition of Full -Time Resident(s) and is a Qualified Lessee for periods of thirty (30)
days or longer. Occupancy of the Property by a Part-Time Resident shall not be allowed and is
prohibited. Use of the Property as a Second Home or for Short Term Rental shall not be allowed
and is prohibited. Any use of the Property which is not allowed or is prohibited by this Deed
Restriction shall constitute a default and shall be subject to the enforcement provisions and
remedies contained herein.
4. Re -Sale Controls. The Property may not be sold or otherwise transferred to any person
other than a Qualified Owner in accordance with the procedures for prior verification contained
in this Paragraph 4.
a. Owner shall deliver to the Town a written notice of intent to sell the Property which
notice shall include the name(s) of the buyer(s) and all information required to determine
whether the buyer(s) is a Full -Time Resident and would meet the definition of Qualified
Owner.
b. Buyer(s) shall submit an administrative fee in the amount of ONE HUNDRED AND
FIFTY DOLLARS ($150.00) to the Town to pay for the cost of reviewing and rendering
a determination as to whether a prospective Buyer(s) meets the definition of Full -Time
Resident and would meet the definition of Qualified Owner.
C. Once the Town has received complete information concerning the prospective Buyers(s)
and has received the administrative fee, the Town shall review the information and make
Page 2 of 9
Town of Avon — Full-Time Resident Housing Deed Restriction
June 13, 2012
a written determination as to whether the buyer(s) meets the definition of Full -Time
Resident or Qualified Owner within a reasonable time and not to exceed thirty (30) days.
d. The Town may require the Buyer to reimburse the Town for any additional costs that are
incurred in the review and determination of whether a buyer(s) meets the definition of
Full -Time Resident and would meet the definition of Qualified Owner, including but not
limited to legal costs, title review costs, and investigation costs.
e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing
by the Town to be a Full -Time Resident and will be a Qualified Owner.
5. Default by Owner. A default by Owner shall include breach of the covenants set forth in
this Deed Restriction, including without limitation any of the following:
a. Transfer or conveyance of the Property to a person or entity that is not a Qualified
Owner.
b. Acceptance of the Property by a person or entity that is not a Qualified Owner.
C. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to
obtaining certification from the Town that such person is a Qualified Owner.
d. Lease of the Property to a person or entity that is not a Full Time Resident.
e. Lease of the Property to person who is a Full Time Resident prior to obtaining
certification from the Town that such person is a Full Time Resident and Qualified
Lessee.
L Failure to make payments and comply with the terms of any deed of trust placed on the
Property.
g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with
an indebtedness or obligation that exceeds eighty-five (85 %) of the loan to value ratio of
the Property at the time of executing such deed of trust, lien or other encumbrance.
h. Any action by the Owner to encumber the Property in a manner that conflicts with the
terms of this Deed Restriction or renders compliance with the terms of this Deed
Restriction impossible or impractical.
6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town
shall send a written notice of default to the Owner detailing the nature of the default and
providing sixty five (65) days for the Owner to cure such default. The notice shall state that the
Owner may request in writing a hearing before the Town Council of the Town which may be
held no sooner than ten (10) days after the date of mailing the notice of default. If no hearing is
requested in writing and the violation is not cured within sixty-five (65) days of mailing the
notice of default, the Owner shall be deemed to be violation of this Deed Restriction. If a
Page 3 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
June 13, 2012
hearing is held, the decision of the Town Council of the Town shall be final for the purpose of
determining if a violation has occurred. In the event of any lease to a Part-Time Resident or use
of the Property as a Short Term Rental, any amounts collected or receipt of other things of value
by the Owner or assigns under such leases shall be paid to the Town as a material requirement of
curing the notice of default.
7. Remedies. In the event of non - performance, default or breach of any term of this Deed
Restriction, either parry shall have the right to enforce the other party's obligations herein by an
action for any equitable remedy, including injunction or specific performance, as well as pursue
an action to recover damages. In addition, any amount due and owing to the Town shall bear
interest at the rate of one percent (1%) per month, compounded monthly, until paid in full. The
Town shall be entitled to recover any costs related to enforcement of this Deed Restriction,
including but not limited attorney's fees, court filing costs and county recording costs. In
addition to any other remedy provided by law or equity, the Town may attach a lien for any
amount due to the Town upon the Property and enforce the lien as a general mechanic's lien in
the manner and according to the procedures set forth in Colorado Revised Statutes, Title 38,
Article 22, and the Owner expressly waives any objection to the attachment of a lien or
enforcement as a general mechanic's lien for amounts due to the Town. In the event of a transfer
or conveyance of the Property which violates the terms of this Deed Restrictions and constitutes
a default, both the grantor and grantee shall be jointly and severally liable for any damages and
costs due under this Deed Restriction.
8. Liquidated Damages. The parties acknowledge and agree that in the event of a default by
the Owner, the determination of actual monetary damages would be difficult to ascertain.
Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and
applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that
the Owner is in default of this Deed Restriction and has failed to cure the default. Liquidated
damages shall be in addition to the Town's ability to recover costs as stated in Paragraph 8
above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of
injunction and/or specific performance. In the event of any lease to a Part-Time Resident or use
of the Property as a Short Term Rental, any amounts collected or receipt of other things of value
by the Owner or assigns under such leases shall be paid to the Town as additional liquated
damages above and in addition to the amounts specified above.
9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. In the event of
foreclosure or acceptance of a deed in lieu of foreclosure by the holder of a deed of trust this
Deed Restriction shall be automatically and permanently released and terminated and shall be of
no further force and effect if, and only if, the conditions in this Paragraph 10 are satisfied. In the
event of release and termination of the Deed Restriction, the Town, or its authorized successor,
shall cause to be recorded in the records of the Clerk and Recorder for Eagle County, Colorado, a
full and complete release of this Deed Restriction.
The conditions which must be satisfied prior to the release and termination of the deed restriction
shall be as follows:
Page 4 of 9
Town of Avon — Full-Time Resident Housing Deed Restriction
June 13, 2012
a. The deed of trust, lien or other encumbrance against the Property must have previously
been recorded in the Clerk and Recorder's Office of Eagle County, Colorado.
and,
b. The holder of the deed of trust, lien or other encumbrance has given to the Town notice
of Owner's default of the deed of trust or lien, which includes:
L The legal description and physical address of the Property;
ii. The Owner's name;
iii. The name, mailing address, e-mail address, phone number and contact person of the
holder of the deed of trust or lien;
iv. A copy of the recorded deed of trust, lien or other instrument creating an
encumbrance on the Property; and,
V. Copies of any and all notices of default, notice of foreclosure or correspondence
between the holder of the deed of trust or lien and the Owner.
and,
C. The deed of trust, lien or other encumbrance placed on the Property did not exceed
eighty -five percent (85 %) of the loan to value ratio of the Property when considered with
all existing deeds of trust, liens or other encumbrances at the time of recording such
document.
and,
d. The Option Period as set forth in Paragraph 11 below has expired without exercise of the
Option to Purchase by the Town or assigns;
or,
e. The Town has exercised the Option to Purchase but failed to close or perform under the
Option to Purchase.
10. Option to Purchase. In the event of default by the Owner which is not cured, or upon
receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of
trust or other encumbrance as provided in Paragraph 10 above (whichever is earlier), the Town
shall have the option to purchase ( "Option to Purchase ") the Property in accordance with the
procedures and terms set forth in this Paragraph 11 as follows:
a. The Town shall have an Option to Purchase for sixty -five (65) days ( "Option Period ")
Page 5 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
June 13, 2012
b. The Town shall have right of entry onto and into the Property during the Option Period to
inspect the Property.
C. The Town shall have the right to purchase the Property for the amount due to the holders
of any deeds of trust, liens or other encumbrances up to the maximum amount defined in
Paragraph 6.g. above, which amounts shall be paid in order of priority of the holders of
such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall
remain in effect and burden the Property after acquisition by the Town and upon re-
conveyance to a subsequent Qualified Owner.
d. The Town shall have the right to assign the Town's right to purchase the Property to any
Qualified Owner provided that this Deed Restriction shall remain in effect and burden the
Property.
e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special
warranty deed in accordance with Colorado Revised Statute §38 -30 -115 and shall include
the words, "and warrant title against all persons claiming under me."
L Normal and customary closing costs shall be shared equally between the Owner and
Town or Town's assigns. The Town or assigns shall be responsible, at its cost, for any
and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be
prorated based upon taxes for the calendar year immediately preceding closing.
g. If the Town or assigns do not exercise the Option to Purchase during the Option Period,
then the holder of a deed of trust shall be entitled to a release and termination of this
Deed of Trust in accordance with Paragraph 10 above. In the event that Town's Option
to Purchase arises from a default by Owner and not a notice of foreclosure or notice of
default submitted by the holder of a deed of trust to the Town, then the Town may
unilaterally extend the Option Period until such time as Town, or assigns, exercise the
Option to Purchase or the Owner cures any and all defaults.
11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and
effect, shall run with and burden the land, and shall constitute a condition of the subdivision and
land use approval which shall survive and sale of the Property through a tax lien sale process.
12. General Provisions.
a. Severability. If any term, provision, covenant or condition of this Deed Restriction is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Deed Restriction shall continue and remain in full force and
effect.
b. Counting Days. If the final day of any notice, default or other event falls on a Saturday,
Sunday or legal holiday recognized by the State of Colorado, then the final day shall be
deemed to be the next day which is not a Saturday, Sunday or legal holiday.
Page 6 of 9
Town of Avon — Full-Time Resident Housing Deed Restriction
June 13, 2012
C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction
shall be effective unless provided in writing. No waiver of any term or provision of this
Deed Restriction in any instance shall constitute a waiver of such provision in any other
instance. The Town Council may provide a waiver along with any conditions of the
waiver with regard to any of the terms and provisions in this Deed Restriction where
unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a
default and such waiver, with conditions if any, supports the purpose and intention of this
Deed Restriction.
d. Amendment. This Deed Restriction may only be amended in writing by the mutual
agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office
of Eagle County, Colorado.
e. Recording. The Owner shall record this Deed Restriction in the Property Records of
Eagle County, Colorado and the original executed and record documents must be
returned to the Town.
L Assignment. The Town may assign this Deed Restriction and all rights and obligations,
without consent of the Owner, to any other public entity, non -profit corporation or other
entity which is organized and exists for the purpose to provide and promote affordable
housing for full time residents.
g. No Third Party Beneficiaries. Nothing contained in this Deed Restriction is intended to
or shall create a contractual relationship with, cause of action in favor of, or claim for
relief for, any third party.
h. Choice of Law. This Deed Restriction shall be governed and construed in accordance
with the laws of the State of Colorado. Venue for any legal action arising from this Deed
Restriction shall be in Eagle County, Colorado.
i. Successors. Except as otherwise provided herein, the provisions and covenanted
contained herein shall inure to and be binding upon the heirs, successors and assigns of
the parties. The covenants shall be a burden upon and run with the Property for the
benefit of the Town or the Town's assigns, who may enforce the covenants and compel
compliance therewith through the initiation of judicial proceedings for, but not limited to,
specific performance, injunctive relief, reversion, eviction and damages.
j. Section Headings. Paragraph or section headings within this Deed Restriction are
inserted solely for convenience of reference and are not intended to and shall not govern,
limit or aid in the construction of any terms or provisions contained herein.
k. Gender and Number. Whenever the context so requires in this Deed Restriction, the
neuter gender shall include any or all genders and vice versa and the use of the singular
shall include the plural and vice versa.
Page 7 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
June 13, 2012
1. Notice. Any notice, consent or approval, which is required to be given hereunder, shall
be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing
by certified mail with return receipt requested; sending by overnight delivery with a
nationally recognized courier service that delivers to the physical address of the intended
recipient; or, by hand - delivering to the intended recipient. Notices shall be provided to
the Town of Avon at P.O. Box 975, One Lake Street, Avon, CO 81620. Notices shall be
provided to Owner at the address provided by the Eagle County Assessor's office or may
be hand - delivered to any occupant at the Property who is over eighteen (18) years of age.
[signature page follows]
Page 8 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
June 13, 2012
IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day
and the year first written above.
OWNER: C`
[print name]
STATE OF COLORADO )
) ss.
COUNTY OF )
The faregoipg instru wa acknowledged before me thiFA21 day of 4� , 288 ' 1 �—
by %C 1.. . . 0.
My co ;ori "ex Tres:
' p
x
ublic
T`UWN Q t�yO1V, CO:
By: =
Mayor
STATE OF COLORADO }
) ss.
COUNTY OF EAGLE )
Attest: (! A-Q vVII2� M A Lw—
, Deputy Tbwn Clerk
2nt a r
Subscribed before me this (3 da jI. Q — _ by AICPI as ayor,
an Gi 1 ;gas wn of the Town of Avon, a Colorado home rule municipal
co oration.
My
r;" a--,, -/,!) �'
ot blic
* dME*t061 vM#
Page 9 of 9
Town of Avon — Full -Time Resident Housing Deed Restriction
June 13, 2012