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TC Res. No. 1986-06lb ip RESOLUTION NO. 86-6 SERIES OF 1986 A RESOLUTION APPROVING A FINAL PLAT OF SUNCREST TOWNHOMES, PHASE II, A RESUBDIVISION OF LOT 7, BLOCK 1, WILDRIDGE REPLAT NUMBER 2, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Steven F. Wydeveld has submitted a Final Plat for Suncrest Townhomes, Phase II, A Resubdivision of Lot 7, Block 1, Wildridge Replat Number 2, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff and found to be substantially in accord with the Subdivision Regula- tions of the Town of Avon, and generally in accord with the Prelimin- ary Plat approved by Resolution No. 85-18, and is recommended for approval. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado, that this Final Plat is hereby approved by the Town of Avon subject to: 1. The review and approval of the Final Plat by the Town Attorney; and 2. The review and approval of the Townhouse Declarations and related documents by the Town Attorney. ADOPTED AND DATED, this 28th day of January , 1986. TOWN COUNCIL TOWN OF AVON, COLORADO Al an R. Notting a , Mayor LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS P. O. Box 340 PETER COSGRIFF VAIL.COLORADO 81658 JOHN W. DUNN ARTHUR A. ABPLANALP. JR (3031 476-75 52 TIMOTHY H. BERRY ALLEN C. CHRISTENSEN LESLIE J. RANNIGER April 25, 1986 Mr. Bill James Town Manager Town of Avon Post Office Box 975 Avon, Colorado 81620 COSGRIFF, DUNN 6 BERRY P. O. BOX 11 LEADVILLE.COLORAOO 80461 (303) 486-1885 RE: Suncrest Townhomes Phase II Dear Mr. James: After again reviewing the Townhome Declaration, Articles of Incorporation and Bylaws in association with the above project for incorporation of comments previously generated by this office, as well as for a final comprehensive critique, it is our recommendation that approval be granted upon incorporation of the following additional comments: 1. Declaration, Article VIII, Section 1 - a legal description referring to the fact that Units 4, 5, and 6 comprise the remainder of Lot 7 should be referenced here or elsewhere, and the right to annex such area should also'be reserved. See also Declaration, Article IX, Section 4. 2. The project should be referred to consistently throughout. For instance, only "townhomes" and not "townhouses" should refer to the project throughout the Bylaws. Also, the project should be referred to as "Suncrest Townhomes Phase II," and not referred to by variations on that name. 3. Declaration, Article VI, Section 6 - There should be a statement as to who is to choose the third arbitartor, or indeed if there are to be three arbitrators. 4. Bylaws,-Article II, Section 3, Subsection 3.1- Clarify. How many.lots does the Declarant have; how many potential Class B votes are there; etc. PROFESSIONAL CORPORATIONS ARE PETER COSGRIFF, P. C. AND TIMOTHY H. BERRY, P.C. IN LEADVILLE. DUNN S ABPLANALP, P. C. IN VAIL. Mr. Bill James April 25, 1986 Page 2 of 2 5. The typographical errors and'omitted words indicated on the Declaration, Articles and Bylaws should be corrected. Upon incorporation of the above-listed items, we would recommend approval. Sincerely, COSGRIFF, DUNN & ABPLANALP Leslie J. Ranniger LAW OFFICES COSGRI FF, DUN N & ABPLANALP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS P. O. BOX 340 PETER COSGRIFF VAIL,COLORADO 81658 JOHN W. DUNN (303) 476-7552 ARTHUR A.ABPLANALP. JR. TIMOTHY H. BERRY ALLEN C. CHRISTENSEN 17 April 1986 LESLIE J. RANNIGER Mr. Bill James Town Manager Town of Avon Post Office Box 975 Avon, Colorado 81620 Re: Suncrest Townhomes Phase II Dear Bill: ? ~O COSGRIFF, DUNN 6 BERRY P. O. BOX I I LEADVILLE, COLORADO 80461 (303) 486-1885 We have been requested to review on behalf of the Town of Avon the Townhome Declaration, Articles of Incorpo- ration and Bylaws in association with the above project. I would .like to emphasize that this review was accomplished solely to assist the Town of Avon and it was not'made for, on behalf.of, nor is it to be relied on by the owner or future purchasers of the property involved, nor any other person or entity other than the Town of Avon. As you have been made aware, this office has from time to time represented the principals in this project, Gregory Kraft and Steven Wydeveld. This representation has been disclosed to you and you have stated that the Town does not perceive there being any problem with our examining the documents on its behalf. In reviewing these documents, I have concluded that the following comments are appropriate: A. TOWNHOUSE DECLARATION 1. The "Declarations of Covenants, Con- ditions, Restrictions, Easements and Party Walls for Suncrest II Town-homes" submitted for review appears to contemplate construction of the first of two buildings involved in the property subsequent to recordation of this Declaration." Notwithstanding this Delcaration, it should be noted the plat refers to "Suncrest Townhomes Phase II". The Declarations, in its heading, refers to "Suncrest II Townhomes" and in its body, refers to "Suncrest II Town- houses". The Articles of Incorporation and Bylaws refer-to "Suncrest II Townhouse Association". PROFESSIONAL CORPORATIONS ARE PETER COSGRIFF, P. C.AND TIMOTHY H. BERRY, P.C. IN LEADVILLE, DUNN 6 ASPLANALP, P. C. IN VAIL. Mr. Bill James 17 April 1986 Page 2 COMMENT: It is recommended that the Town not approve the Declaration; Articles of Incorporation or Bylaws as submitted, rather return these documents and require submittal of'documents and plat with the same project name throughout. 2. It is my understanding that the develop- er wishes to reserve the right to'construct additional units at a site reserved for future development as indicated on the plat. . COMMENT: The Declaration should reserve the right to access-to the properties to accomplish this.- The Declarant should reserve the right to file an amended plat which subdivides a portion of the original plat designated as "future development" which subdivides into not more than 3 additional units and common area. These Declarations should contain a provision that reserves-the right of the Declarant to file an amended plat within five years for future development. If this is not accomplished the parcel shown on the plat for "future development" would then become a part of the common area. 3,. Article VII refers to and purports-to declare easement for "exterior parking spaces beside certain of the units as shown on the plat." COMMENT: The plat does not show or designate any parking spaces appurtenant to any unit. 4. Article VIII, Paragraph 1, refers to an amended plat of Lot 7. COMMENT: We have not been furnished an amended plat of Lot 7 for examination. 5. Article IX,.Paragraph 3, has a word omitted on Line 5. 6. The legal description is incorrect throught the Declaration. Mr. Bill James 17 April 1986 Page 3 B. ARTICLES OF INCORPORATION 1. The Articles of Incorporation appear to contemplate using the name Suncrest II Townhouse Asso- ciation. COMMENT: A check with the Corporations Office of the Secretary of State indicates these Articles have not been filed as of this date. Furthermore, the Town should received some assurance the name is available, as there is a Colorado Nonprofit Corporation called "Suncrest Townhouses Association" which was suspended on September 30, 1985. Also see Comment (A) (1). FURTHER COMMENTS: 2. Article IV of the Articles is a non- sequitur, is extremely vague and should be corrected. 3. As noted above the plat, Articles, Bylaws and Declarations refer alternately to "Townhomes", "Townhouses", "Townhouse", "Phase II", and "Suncrest II". This should be corrected prior to resubmittal using the same project name throughout. 4. The Articles of Incorporation and Bylaws are one document and should be two separate documents. 5. In Article III of the Articles, several references are made to "Condominium Declaration". This project is for townhomes and any reference to condominiums is inappropriate. 6. To ensure tax exempt status, a reference to a specific IRC section needs to be included. C. BYLAWS 1. See above comments. Mr. Bill James 17 April 1986 Page 4 D. PLAT 1. Insurance Company's two recorded docume: project. at Page 418 at Page property and should Comments contained in the Title certificate indicate the existence of ats which may have an impact on the a. The Agreement recorded in Book 418 589 may have some effect on the be examined. b. The Deed of Trust recorded in Book 366 at Page 898 is not subject to the Subordination Agreement and should be made so. 2. The Declaration has the Declarant as Steve Wydeveld. The plat refers to Steven F. Wydeveld. One of these documents needs to be corrected so the Declarant has identical names. 3. The Declaration contemplates ownership in a common area by the purchasers of a townhome unit. There is no designated "common area" on the plat. CONCLUSION Because of the foregoing problems we are unable to recommend approval at this time. Should you have any questions regarding these comments, please do not hesitate to contact me. Very truly yours, COSGRIFF, DUNN & ABPLANALP jn,1~6t e- &W4~ Allen C. Christensen ACC:s cc: Norm Wood PETER COSGRIFF JOHN W. DUNN ARTHUR A. ASPLANALP, JR. TIMOTHY H. BERRY ALLEN C. CHRISTENSEN LESLIE J. RANNIGER LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS P. O. Box 340 VAIL.COLORAOO 81658 (303) 476-7552 11 February 1986 Mr. Bill James Town Manager Town of Avon Post Office Box 975 Avon,, Colorado 81620 Dear Bill: Re: Suncrest Townhomes II COSGRIFF, DUNN 6 BERRY P. O. BOX 11 LEADVILLE. COLORADO 80461 (3031 486-1885 We-have been requested to review on behalf of the Town of Avon the Condominium Declaration, Articles of Incorporation and Bylaws in-association with the above project. I would like to emphasize that this review was accomplished solely to assist the Town of Avon and it was not made for, on behalf of, nor is it to,be relied on by the owner or future purchasers of the property involved, nor any other person or entity other than-the Town of Avon. As you have been made aware, this office has from time to time represented the principals in this project, Gregory Kraft and Steven Wydeveld. This representation has been disclosed to you and you have stated that there is no problem with our examining the documents on behalf of the town. In reviewing these documents, I have concluded that the following comments are appropriate: I. CONDOMINIUM DECLARATION 1. The Condominium Declaration appears to contemplate declaring a'condominium pursuant to the Colorado Condominium. Ownership Act. Notwithstanding this Declara- tion, it should be noted that the project is for con- struction of.townhomes, which are"not_included under the Condominum Ownership Act. It is, therefore, recommended that the town aot-approve.the Condominium Declaration as submitted, rather return it and require submittal of a Townhome Declaration for Suncrest Townhomes Phase I. PROFESSIONAL CORPORATIONS ARE PETER COSGRIFF, P. C.AND TIMOTHY H. BERRY, P.C. IN LEADVILLE, DUNN 6 ASPLANALP, P. C. IN VAIL. Bill James 11 February 1986 Page 2 2. While the "Condominium Declaration" assumes that there would be a division of percentage inter- est based upon a plat, and refers to this plat, there is no such identification submitted to the town. 3. In Paragraph 1 of the Recitals, the legal description is omitted. 4. Throughout the Declaration there are repeated references to "condominium units" and "condominium map". This, of course, should be changed to "townhome declaration" and "townhome map". 5. It should be noted that Section 2.1 divides the property into four fee simple estates (attempt- ing to declare four condominium units) and refers to Exhibit A. Upon examination of Exhibit A, the declarant has at= tempted to declare six fee simple estates. 6. It is my understanding that the Developer wishes to reserve the right to construct "Phase II" at a later date. The Declaration should reserve the right to access to the properties to accomplish this. II. ARTICLES OF INCORPORATION 1. The Articles of Incorporation appear to be satisfactory, however, you should ascertain as to whether they have been filed with the Secretary of State and seek proof of a Certificate of Incorporation. III. BYLAWS 1. The Bylaws appear to be satisfactory with the exception that Article 3,.Section 1, states the first annual meeting shall take place beginning with the year 1981. Bill James 11 February 1986. Page 3 IV. CONDOMINIUM MAP 1. Not furnished. We would recommend that you obtain a copy of the Townhome Map for examination. Because of the foregoing problems, we are unable to recommend that you grant approval at this time. Should you have any questions regarding these comments, please do not hesitate to contact me. Very truly.yours, COSGRIFF, DUNN & PLANALP t4( 01q (1len C. Christensen ACC:sb cc: Norm Wood i TOWN OF AVON PLANNING AND ZONING COMMISSION RESOLUTION NO. 86-6 SERIES OF 1986 A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW OFFICE SPACE AND AUTOMOTIVE REPAIR ON LOT 16, BLOCK 1, BENCHMARK AT BEAVER CREEK, AND OFF-SITE PARKING AND OUTSIDE STORAGE ON LOT 17, BLOCK 1, BENCHMARK AT BEAVER CREEK WHEREAS, Colorado Mountain Express has requested a Special Review Use to allow office space and automotive repair on Lot 16, Block 1, Benchmark at Beaver Creek, and off-site parking and outside storage on Lot 17, Block'l., Benchmark at Beaver Creek, both of which are located in the IC (Industrial and Commercial) Zone District;'and WHEREAS, office space, automotive repair, off-site parking and outside storage are allowed in the IC Zone District as Special Review Uses; and WHEREAS, the Planning and Zoning Commission has held a. public hearing and has determined that the proposed use: l.- Otherwise complies with all requirements imposed by the Zoning Code; and 2. Is consistent with the objectives and purposes of. the Zoning Code; and a 3. Is deemed compatible with surrounding land uses and uses in the area. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND'ZONING COMMISSION OF THE TOWN OF AVON, COLORADO, THAT: The Planning and Zoning Commission of the Town of Avon, Colorado, hereby approves and recommends the Town Council of the Town of Avon, Colorado, approve a Special'Review Use to allow Office Space and Automotive Repair for Colorado.Mountain Express on Lot 16, Block 1, Benchmark at Beaver Creek, and Off-Site Parking and Outside Operable Vehicle Storage for Colorado Mountain % Express on Lot 17, Block 1, Benchmark at Beaver Creek, subject to: 1. Construction of site improvements on Lot 17, Block 1, Benchmark at Beaver Creek as approved by the Planning and Zoning Commission; and -2. The recording of a lease, with the Clerk and Recorder of Eagle County, Colorado, for Lot 17, Block 1, Benchmark at Beaver Creek, that is perpetual in nature and runs for the duration of s the proposed use requiring the off-site parking and outside operable vehicle storage. APPROVED. THIS DAY OF L'~';-`'~',!.• , 1986. Patricia Cuny, Secretary Mic ael S. Blair, Chairman -2- 0 • APPLICATION FOR SPECIAL REVIEW USE The undersigned hereby requests that a SPECIAL REVIEW USE be granted in accordance with the terms of the Town of Avon Municipal Code. In support of this application, the undersigned states: 1. The Special Review Use requested is: Of fice ,Vehicular Maintenance and Outside Vehicular Storage 2. Legal description of property: Lots 16-17, Block 1 Benchmark at Beaver Creek 3. Address of propertY is: 331 Metcalf Road Avon, CO 81620 4. Owner of described property: Empire Savings & Loan 5. Applicant for Special Review Use: Colorado Mountain Express 6. Zoning classification of property: IC 7. Existing iripruvements on property consist of: Commercial Buildings 8. Duration of proposed Special Review Use is: Permanent Temporary X Years ' A 9. There is hereby aLtached a list of the names and addresses of all property owners within 300 feet of the property upon which the Special Use permit is requested, and the renjired notices for mailing and posting. 10. Additional ::onrents: .r I do hereby certify that the above statements are true and correct and the application is signed as an acknowledgement of that fact. I am the owner of the above described property or authorized to act as agent for the owner. Colorado Mountain Express Empire Savings & Loan Applicant Owner P. 0. Box 580, Vail, CO 81658 1654 California, Denver, CO 80202 Address & one Number 476-4227 Address one Number 623-1771 October 6, 1986 October 6, 1986 Dated Dated Agent: Thomas A. Backhus c/o Slifer & Co. APPLICATION FOR SPECIAL REVIEW USE, PAGE 2 s 1 have examined this application and it has been accepted or rejected for the following reasons: Zoning Official Date Filed Fee Paid Hearing Date Received By Dated Date Posted 1/86 0 . 0 NOTICE.OF PUBLIC HEARING TO: Whom It May Concern You are hereby notified pursuant to the provisions of Section 7.20..030.B.1. of the.Avon Municipal Code, that a public hearing on the following matter will be held and considered at the meeting of the Planning and Zoning Commission of the Town of Avon, on October 21, 1986, at 7:30.PM, in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado, at which time and place you are hereby invited to be present and be heard. PROPERTY OWNER: APPLICANT: LEGAL DESCRIPTION OF PROPERTY: ADDRESS OF PROPERTY: Empire S 6 L 1654 California Denver, CO 80202 Colorado Mountain Express P. O.Box Box 580 Vail, CO 81658 Lots 16,17-Block 1 Benchmark at Beaver Creek Subdivision 331 Metcalf Road Avon, CO 81620 REQUESTED CHANGE & PROPOSED USE: Special Review Use for Office, Vehicular Mainten- ance and Outside Vehicular Storage DEADLINE: OTHER: ATTEST: Patricia J. Doy ~E; Town C erk If you wish to be heard on this matter, you may appear personally or by designated agent at the public hearing on October 21, 1986'OR you may file a written statement with the. Town Clerk, Town of Avon, P. O. Box 975, Avon, CO 81620 In order to be-considered by the Planning and Zoning Commission, such written statement must be'received in the Town Offices no later than 4:00 PM, Tues- day, October 21, 1986. Applicant is represented by: Thomas A. Backhus c/o Slifer and Company 230 Bridge Street Vail, CO 81657 Recording Secretary Planning/Zoning Commission POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 9, 1986. PESTER GAS STATION ENTRANCE TO CITY MARKET ENTRANCE TO AVON POST OFFICE MAIN LOBBY, AVON MUNICIPAL COMPLEX /I 17-1 List of Adjacent Property Owners to Whom Notices Were Sent: ./R6bert Warner, Jr. dba-Metcalf Ventures P. O. Box 958 Avon, CO 81620 _-Catherine J. Boyer et al Drawer J Vail, CO 81658 :/Diane J. and George M. Boyer Drawer J Vail, CO 81658 •//Sunroad Group, Ltd. 1450 Frayer Rd., Ste. 714 San Diego, CA 92108 ;Steven McDonald & John Appleby Box 1824 Vail, CO 81658 ;Holy Cross Electric Drawer 250 Glenwood Springs, CO 81601 S & G Partnership c/6 Oscar L. Tang 100 Park Avenue New York, NY 10017 ','Bureau of Land Management 764 Horizon Drive Grand Junction, CO 81501 i Lots 11,12,13 - Block 1 Benchmark at Beaver Creek Lot 14 - Block 1 Benchmark at Beaver Creek Lot 15 - Block 1 Benchmark at Beaver Creek Lots 18,19 - Block 1 Benchmark at Beaver Creek Lot 20 - Block 1 Benchmark at Beaver Creek Lot 10 - Block 1 Benchmark at Beaver Creek Tract A Benchmark at Beaver Creek BLM Land adjacent to Benchmark at Beaver Creek