Loading...
TC Res. No. 1984-05,boo • FOR CORRECTION PURPOSES ONLY 31° l~ 275231 RESOLUTION # 84-5 JOHNNETTE PHILLIPS EAGLE CTY. RECORDER SERIES OF 1984 'cg 11 2 56 PH '84 WHEREAS, the original developer of the Benchmark at Beaver Creek Subdivision ("Benchmark Subdivision") was granted approval as a Planned _ N Unit Development (P.U.D.) in 1974 by the County of Eagle, Colorado; and V. WHEREAS, said original developer, in order to insure that said V Benchmark Subdivision would be developed in accordance with its Master Plan _ and to insure the quality and character of said Subdivision, did by way of deed impose certain private use restrictions on certain commercial lots t N within said Benchmark Subdivision; and WHEREAS, the above mentioned private use restrictions were imposed by the original developer to provide for the sound planning and o development of said Benchmark Subdivision; and r cn 2C, WHEREAS, at the time the Town of Avon was incorporated, in August of 1978, the Benchmark at Beaver Creek Subdivision was included in said 00 m incorporation and thereafter became subject to said Town's zoning r%3 % 0 rn = regulations; and 0 4c- WHEREAS, due to the growth and the changing needs of the Town of °ac o~ MCA Avon said private use restrictions no longer serve a useful purpose and are, in fact, counterproductive and prohibit the viable economic growth and progress of said Town; and WHEREAS, many commercial landowners affected by said restrictions (including the original developer) are desirous of eliminating said private use restrictions by agreeing among themselves not to enforce said private use restrictions against each other; thereby eliminating any legal impact of said private use restrictions; and WHEREAS, said affected commercial landowners are aware that the Town of Avon has no legal authority or jurisdiction with respect to eliminating said private use restrictions, but said affected commercial landowners believe that strong support from the Town for the elmination of said use restrictions, and an agreement among all affected landowners not to invoke the private use restrictions, would be a positive and beneficial step in advancing the orderly progress and growth of the Town; and WHEREAS, after close review and discussion of the above-described matter and because the Town has expended a great deal of time and money in developing its Master Plan, the elimination of the private use restrictions would be in the best interests of the community as said private use restrictions are no longer relevant and land uses can be controlled by the Town's Zoning Code through the Planning and Zoning Commission and the Town Council; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado, as follows: 1. That without assuming any liability and recognizing that the Town has no legal authority or jurisdiction, the Town recommends, supports and urges that all affected commercial landowners enter into an agreement not to invoke or enforce those certain private use restrictions as more fully described on Exhibit A attached hereto and incorporated herein by this reference; and further, that such an agreement among all affected commercial landowners would appear to be a positive and beneficial step in advancing the orderly progress and growth of the Town in accordance with and in furtherance of its Master Plan. 2. That the elimination of said private use restrictions would appear to provide the Town with more flexibility to implement its Master Plan and to achieve the goals and benefits to the Town of its Master Plan. 3. That this resolution supporting the elimination of those certain use restrictions, as described in the attached Exhibit A, is not intended to in any way effect the RESTATEMENT OF AND FIFTH AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR BENCHMARK AT BEAVER CREEK SUBDIVISION as recorded in Book 337 at Page 366 in the County of Eagle, State of Colorado. 4. That the Town has expended a great deal of time and money in developing its Master Plan and would, therefore, rather see the matters contemplated by the subject private use restrictions be determined through the Town's master planning and zoning process. 1,984-. ADOPTED at a regular meeting the 14th day of February eADavii, Mayor Pro Tem -2- EXHIBIT A PRIVATE USE RESTRICTIONS IMPOSED ON CERTAIN COMMERCIAL LOTS WITHIN THE BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, COLORADO.- a. A grocery store,- whether 'independen't or chain operated, but not including other stores which may offer on an ancillary basis certain' selected items for sale which may also-be sold by'an independent or-chain operated grocery store. b. A gasoline sales•or service station. c. Medical/dental clinic offices, but'--not -including individual medical or dental offices which•may be established within structures not established. primarily for the purposes of containing medical/dental offices. d. A bank: e. A savings and loan institution.- f.. Any automotive industry related sales or.-service business', such as a new'or used car dealership, a junk yard, an auto' repair shop, a new or used auto parts sales store or warehouse, or car wash'. s• n LJ • Ea 0 0 0 i. P ° ° o o « F' oc Cs N o U'1 0, CD 00 o M C ~ ~Z * L9 C N ar ! L) J ^ o N o • -q~ ~ !v VI • sJ a ~ so , ~Q ri 'a ~r~ 0~► C~ N;~7 t CO v W . cD ~ y d4,yaa0 • y ry s f d y~ Ab ~d 3 Q v 2 N kOnr ~ Z a O . ' • W, or t; 1) CID~ z N - . ~Qa _°C 8C Vr t{?~ 1b Zo vm ! c0 Nac #~v~ O N 'co tn~ c' tD d 4 ~ C7 4~ o e CD % CC) t d ? a % C*j t0U aYW N7N3 / r Ln ` = b / . y W / < • cD ~W Y r ' • W _ Q v u J r b co c u c O v < L s N. .d L 0 O 4 'a®®®ed < < L O m cq +N- t+- mQ U .m vm ® N N C Oo c • O O m ® N J J J J N N } N O O V PA L. C ® N L O m cC C L O yCy qCq O O 0 p J J .i 0 L> a: e U ® C C N U t O U Y J J 4 O06 \ J m C C O L y q C C J QOM V C>> C c $ N * 4- c q O m c a C O / L. .9 i >0 c ~y U uu~~ > 0-0 O 1 1 ppc qL I 1 q } yN t gL q J>> • O L7 W Y Q C V1 m 'V > E I G>> V C7 J C E yO~ > tp 1 1 C J N m s 91 4- (4 W _O O C ® } U C < C -0 -0 I ( i- O C U C 1 _N r1 •p ` - `I _L C O U. 9) c ® W m Y U go L O V N t0 •'M2, 1 O C O V L 7 7 ID d fJ J Y r1 O ,Y V ` `D • a'1 L m 0 13 tx q' 64 } y t c tD N G L L m L q ~O E } L E> aD ® N •0 O O f~ 17 -0 t -0 b 1•~ U a> .41 1> ? 1' •d V f} a>-0 W m7 ` O ® i0- U V ID Y 0: m f~1 ~0 m O N Y~► b n = _O 1 I _O I O I N I ^ 1 I n 1 1 tp ® C W W N N® Q t C f t mC }N+. J J +N- -0 +N N N m Y1 O] d 4- N N N b b r m O COO - 0 0 4- c 4- c }N - • ® V® J J •-OI -J O J J_ 0 0 O L O O O O O 4N- 4- p N L J J J H J J J J J J J J J J • ®oQ~®ts ,Vis S,ISIHX3 ~ . - ~ ~ ~ • ov / ~+ad •~q1S z / ~ N - ~ a o • -~c0~J6o v m r ;~~d Imo`- d ~p o N s v V ' . 7 /yep v+ - A. r 1►.0 In C~ N" `v d d~ r 4v ;o AN 62 b y M II A. miti~ n l~d~i v 3~ v rv 3 r'- ~2 Q croil 40AV l~7 1 cu G Q° U-) z co Css U') m cc 0 (D C'J LIS U*) co CA o h `CO ` OD M ? v,? s %i~ d c~ v aa° v re) cr ()VOU lot m d' m < z G 6 ~ 61 ;'J • .r Z r J Ch m r x H w C V O J -0 $ q \ L N Y C C L N} 10 CO, WO a In to 1A c Us ® Y ® C J J J J 4- C N O O L C in c - t- III _j _j N l } C C m N J J q 4- O\ J m C C Im L b Q ® ` $ 16 c v° v C Q 4}} o +Q- vLi m} t~ e d t O • Q q q a>> yC aC In i 4- C Q q m D. X _ Ol q ® J q - V Y 1 1 3 b} L Q Q J>> O O _r Q Q L< ® W- q 0 -0 Q 1 1 pC q Lq _ q O } q O } 4 O 1'1 m 1 1 _C J t/f m Z b 12 < ® C b Y > E 1~ 1p > > U G7 J q L to N O L} U m CJ LU -1d 4D L } W U O C 4- 1. < U-0-0 1 1 } Q C U C< 1 b M 10 qqC 1 L Y C J W O q C (1 C 1 C - 4 y } q C Q O L 7 7 L U m d U O ® W M Y C U Q L q C N V m 10 h^^ L m N W N L L L q Q ~O E 7 } ® C L Q } N U q U •0 1 -0-0 > Y< 1 O-0 V}} a> W m O -it on t~ L E> CO ® b-0 m 0 1~ O O 1 1 O 1 O' N 1 p~ 1~ 1 1 1 1 Lm O} u 'p® ix Y tr b m N 'c co co /p N h b n 2 m- In m 6 a- N N N v` ~ in ~o O C4 m L OR a w 0 m 7 N q C } 4 to . C } } } } }}QbO } }ON C } } C } q } } } } }p } } } }p m Q ® Q W CO N J Co - }O ~ J J J J J J .J J J J J J ►L J J J } J J J J J J J * L ® 13 13 13 MIN 11V11 zISIHXa 9. 0 0 9, 0 0 DI 0 9 5 4 00000# 02/ 2 1i84 9 February 8, 1984 r The Honorable Town Council Town of Avon P. 0. Bog 975 Avon, Colorado 81620 Re: Private Land Use Restrictions on Certain Commercial Lots within the Town of Avon. Dear Council Members: When the Benchmark at Beaver Creek Subdivision obtained its original approval as a Planned Unit Development (P.U.D.) from Eagle County in 1974, (including certain amendments to the Planned Unit Development prior to this subdivision being included in the incorporation of the Town of Avon in 1978) we believed that certain private land use restrictions were necessary in order to insure that development of our Master Plan would be generally carried out. In other words, we did not want to see automotive related type businesses being developed in the heart of our subdivision, except for full-service gasoline sales and service stations on certain lots. Also, at that time Vail had only one bank and we assumed Avon would have only one bank. Therefore, we decided that private use restrictions would be one way to insure that a banking facility would be developed on Lot 70, as per our Master Plan, which placed the bank in the best location for parking, traffic and customer convenience. These private use restrictions were intended to allow the development of appropriate businesses on the . commercial lots within the Subdivision and were not intended to be protective of those businesses. In other words, we had no intention of creating business monopolies. Since the Benchmark at Beaver Creek Subdivision is a part of the Town of Avon and since the appropriate land uses can be controlled by the Town's Zoning Code through the Town's related governing bodies (i.e. the Planning and Zoning Commission and the Town Council) we believe there is no longer any need for these private use restrictions and, in fact, that they are negative in terms of the Town's future growth. We understand the Town is being approached by certain business people seeking the Town's support and assistance in their effort to eliminate these private use restrictions. In this regard, please be advised that Benchmark has no objection and will consent to the elimination of said private use restrictions to the extent that it has authority to do so. Please understand, however, that we cannot speak for the other land owners within the Benchmark at Beaver Creek Subdivision; therefore, to be absolutely certain of the elimination of said private use restrictions, all of the commercial lot owners in the core area should agree to the elimination and/or agree that they will not attempt to'enforce said private use restrictions. BENChMARk Box 5070. Avon, Colorado 81620 Phone C3031949-5743 0 0 Honorable Town Council Town of Avon Page Two For illustrative purposes, I am enclosing herewith several copies of a 10 map of the commercial area which reflects lots that are purportedly restricted against use as a bank or savings and loan. This map also shows those lots which are not restricted against use for a bank or savings and loan and should help demonstrate that there is no longer any need for these private use restrictions and, in fact, that they are counterproductive in that there is really no good reason why a bank or savings and loan institution should not be able to locate on any of the lots that are restricted against said use. Again, although we understand that the Town does not have the legal authority to eliminate said private use restrictions, we urge the Town to support the efforts of the various business people in the Town who are attempting to eliminate said private use restrictions. Very truly yours, AJW/sjd Benchmark at Beaver Creek, a limited partnership by Benchmark Company, a partnership and sole general partner By: ( X~k% j \'4 A. J. Wells, At orney-in-Fact S 1 Enclosures cc: Planning and Zoning Commission • February 8, 1984 The Honorable Town Council 10 Town of Avon P. 0. Box 975 Avon, Colorado 81620 Re: Private Land Use Restrictions on Commercial Lots in the Town of Avon. Dear Council Members: I am part owner of Lot 56, Block 2, a commercial lot in the Benchmark at Beaver Creek Subdivision in the Town of Avon. In this regard, it has recently come to my attention that there is an attempt to eliminate the private use restrictions placed on another commercial lot in the-Town of Avon. In this regard, I support eliminating all private land use restrictions since they are counterproductive in today's economy and no- longer serve any useful purpose. I have been a land owner in Avon for several years and have found over that period of time that the private use restrictions placed on commercial lots within the Town of Avon have basically created problems for the orderly and logical development and progress of the Town. Over the years I have had the occasion to discuss the problem with the original developer and fellow landowners in the Town. As we all know, Avon as a planned community dates back to 1974 but our community needs have changed considerably since the original developer conceived and planned the . Benchmark at Beaver Creek Subdivision. It appears to me, and virtually everyone I talk to, that the private use restrictions, in one form or another, that were placed on commercial lots in the Benchmark at Beaver Creek Subdivision are no longer relevant and do not serve any positive purpose and in fact are counter productive. A few of the landowners in the Town, including the original developer, have joined together with the idea of seeking an expedious and inexpensive way to eliminate the private use restrictions or at least the effect of these private use restrictions. In order to avoid costly and time-consumming legal mechanics, we believe all of the commercial lot owners in the Benchmark at Beaver Creek Subdivision should agree amongst themselves not to enforce the private use restrictions against each other and this will effectively eliminate any legal impact of these private restrictions. In this regard and on behalf of similarly interested and affected landowners in the Benchmark at Beaver Creek Subdivision, I would like to appear before the Town Council at its work session and public meeting scheduled for Tuesday,,February 14,-1984 to request that the Town approve a resolution urging and support'ing'-the elimination of the use restrictions. We realize the Town does not.have any legal authority,or jurisdiction with respect-to these.use_restrictiotis-since they are private covenants; however, we'believe strong support from the Town for the elimination of the'use restrictions"and an agreement among all affected landowners not to invoke the private use restrictions would be a very positive and beneficial step in advancing the orderly progress and growth of the Town. 0- The Honorable Town' Coun 'il . Town of Avon Page Two } We are not requesting the elimination of the general protective covenants for the Benchmark at Beaver Creek Subdivision. The use restrictions we are referring to are those that deal with the use or non-use of certain commercial lots for a grocery store, whether independent or chain operated . . . ; a gasoline sales or service station; medical/ dental clinic offices . . . ; a bank; a savings and loan institution; any automotive industry related sales or service business, such as a new or used car dealership, a junk yard, an auto repair shop, a new or used auto parts sales store or warehouse, or car wash. Almost all of these private use restrictions were imposed by the original developer on deeds to certain lots for the purpose of adding more control over land use for planning purposes, as per -the original. Planned Unit Development (P.U.D.) originally approved by Eagle County and susequently adopted in substantially the same form by the Town of Avon. In other words, lots in the Town core should not be used for new or used car dealerships, as one example, but the final authority relating to such a 'use, or any other use, can now be placed totally in the hands of the Town Planning and Zoning Commission and Council. We all realize that Avon needs additional sound commercial development if it is to thrive and grow for the benefit of all of its residents, business people and visitors. At the risk of stating the obvious, such growth is also essential to the survival and betterment of the Town. Thank you for your consideration of this request and we look forward to meeting with you in the very near future. Sincerely, avid L. Cole cc: Benchmark at Beaver Creek Planning and Zoning Commission of the Town of Avon