TC Res. No. 2002-32aV io -
TOWN OF AVON.
RESOLUTION NO.02-32
SERIES OF 2002
A RESOLUTION AMENDING THE MASTER.DEED RESTRICTION AGREEMENT
FOR LOT C PUD ("Mountain Vista Resort AVON CENTER AT BEAVER CREEK
SUBDIVISION., TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Lot C PUD.Zoning and Development Plan for Mountain Vista Resort,
Avon Center at Beaver Creek Subdivision (hereinafter referred to as" Mountain Vista")
approved by Ordinance 98-21 and Ordinance 00-02 included a requirements for 20
employee deed restricted housing units provided by the property owner, Points of
Colorado, Inc; and
WHEREAS, the Town of Avon has already adopted and entered into a master deed
restriction for the Lot C project on April 24, 2001 through Resolution 01708 as, required
that includes provisions for selling and leasing the 20 employee housing units, and that
constitute covenants running with the real property and are specifically enforceable by the
Town; and
WHEREAS, the Town of Avon may amend the Deed Restriction Agreement to allow
Mountain Valley Developmental Services, Inc., a Colorado non-profit, corporation, to
purchase several of these units for the benefit of persons with developmental disabilities.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the
Deed Restriction Agreement for The Occupancy, Rental, And Resale of Units by the Town
of Avon and Points of Colorado, Inc. is hereby amended with the following provision:
Article 2 entitled Sale and Transfer of Units
2.1 Declarant and all subsequent owners shall restrict the sale and transfer of the Units to
"Qualified Buyers," as defined as follows:
Add subsection (f):
L Mountain Valley Developmental Services, Inc., a Colorado non=profit corporation and a
designated Community Centered Board which assists developmentally disabled persons
in obtaining normal residential surroundings in furtherance of the policy of the. State of
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Colorado as set forth in C.R.S. 30-28-115 (2)(a), is considered. a qualified buyer by the
Town of Avon with the following stipulations:
i. So long as Mountain Valley owns a unit, each unit shall be used and occupied by
developmentally disabled persons receiving services from Mountain Valley,
and/or by one person then employed by Mountain Valley and providing assisted
living services to the developmentally disabled residents. Whenever possible,
such clients shall be employed in Eagle County, and shall work at least 30 hours
per week on an average annual basis. Clients utilizing these units shall also meet
the income qualifications as stated in Article 2, subsection (c).
ADOPTED THIS 11 TH. DAY OF JUNE 2002.
TOWN COUNCIL .
TOWN OF AVON, COLORADO
J Yode ,
)az
M or ATTE T: Pa enny, Town ler
TOWN OF AVON
RESOLUTION NO. 02-32
SERIES OF 2002
A RESOLUTION AMENDING THE MASTER DEED RESTRICTION AGREEMENT
FOR LOT C PUD ("Mountain Vista Resort AVON CENTER AT BEAVER CREED
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Lot C PUD Zoning and Development Plan for Mountain Vista Resort,
,Avon Center at Beaver Creek Subdivision,.(hereinafter referred to as "Mountain Vista")
approved by Ordinance 98-21 and.Ordinance 00-02 included a requirements for 20
employee deed, restricted housing units provided by the property owner, Points of
Colorado, Inc; and
WHEREAS, the Town of Avon has already adopted and entered into,a master deed.
restriction for the Lot C'project on April 24, 2001 through Resolution 01-08 as required
that includes provisions for selling and leasing the 20 employee, housing units, and.that
constitute covenants running with the real property and are specifically enforceable by the
Town; and
WHEREAS, the Town of Avonmay amend the Deed'Restriction Agreement to allow
Mountain Valley Developmental Services, Inc., a Colorado non-profit corporation, to
purchase several of these units for the benefit of persons with developmental disabilities.
N OW,.THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the
Deed Restriction. Agreement For The Occupancy, Rental, And Resale of Units by.the Town
of Avon and Points of Colorado, Inc. is hereby amended with the following provision:
Article 2 entitled Sale and Transfer of Units
2.1 Declarant and all subsequent owners shall restrict the sale and transfer of the Units to
"Qualified Buyers," as defined as follows:
Add subsection (f):
L Mountain Valley Developmental Services, Inc., a Colorado non-profit corporation and a
designated Community Centered Board which assists developmentally disabled persons
in obtaining normal residential surroundings in furtherance of the policy of the State of
Colorado as set forth in C.R.S. 30-28-115 (2)(a), is considered a qualified buyer by the
Town of Avon with the following stipulations:
i. So long as Mountain Valley owns a unit, each unit shall be used and occupied by
developmentally disabled persons receiving services from Mountain Valley,
and/or by one person then employed by Mountain Valley and providing assisted
living services to the developmentally disabled residents. Whenever possible,
such clients shall be employed in Eagle County, and shall work at least 30 hours
per week on an average annual basis. Clients utilizing these units shall also meet
the income qualifications as stated in Article 2, subsection (c).
ADOPTED THIS 11 TH DAY OF JUNE 2002.
.n.`'
ATTEST:
Li
Pa envy, Town ler
TOWN COUNCIL
TOWN OF AVON, COLORADO
J y Yode , M or
Memo
TO: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager V-
From: Ruth Borne, Community Development Director
Tambi Katieb, Planner II ,Oe
Data June 5, 2002
Re: Amendment to the Lot C PUD Employee Housing Deed Restriction
Summary
Mountain Valley Developmental Services, Inc ("Mountain Valley") is a Colorado non-profit
corporation and a designated Community Services Board providing services for developmentally
disabled persons of all ages pursuant to the provisions of Article 10.5 of Title 27 of the Colorado
Revised Statutes.
Currently, the Lot C Deed Restriction Agreement ("Agreement") for the 20 units located at
Sheraton Mountain Vista does not-allow for Mountain Valley to be considered as a qualified
buyer. Therefore, we are proposing an amendment to the Agreement to allow Mountain Valley
to purchase these units for the benefit of persons with developmental disabilities.
Jim McKnight of Points of Colorado has consented to this change as evidenced by the attached
correspondence. Mountain Valley is interested in purchasing (3) studio units. The revision to
the Agreement will allow the Town to facilitate providing housing for developmentally disabled
persons.
Recommendation
Staff recommends that you approve Resolution 02-32, amending the Lot C Deed Restriction
Agreement to allow Mountain Valley Developmental Services to purchase several units for the benefit
of program clients.
Town Manager Comments T cane- ✓ - 5 s S °
Attachments:
A - Resolution 02-32
B -Letter from Jim McKnight
C - Overview of Mountain Valley Developmental Services
Memo to Town Counc U, June 11, 2002 Page 1 of 1
Re: Resolution 02 -32, An Amendment W the Master Deed Restriction Agreement for the Lot C PUD
TOWN OF AVON
RESOLUTION NO. 02-32
SERIES OF 2002
A RESOLUTION AMENDING THE MASTER DEED RESTRICTION
AGREEMENT FOR LOT C. PUD ("Mountain Vista Resort AVON
CENTER AT BEAVER CREEK' SUBDIVISION, TOWN OF AVON, EAGLE
C.OUNTY,COLORADO
WHEREAS, the Lot C PUD Zoning and Development Plan for Mountain Vista Resort,
Avon Center at-Beaver Creek Subdivision (hereinafter referred to as `Mountain Vista's
approved by Ordinance 98-21 and Ordinance 00-02 included a requirements for 20
employee deed restricted housing units provided by the property owner, Points of
Colorado, Inc; and
WHEREAS, the Town of Avon has already adopted and entered into a master deed.
restriction for the Lot C project on April 24, 2001 through Resolution 01-08 as required
that includes provisions for selling and leasing the 20 employee housing units, and -that
constitute covenants running with the real property and are specifically enforceable by the
Town; and
WHEREAS, the. Town of Avon may amend the Deed Restriction Agreement to allow
Mountain Valley Developmental. Services, Inc.; a Colorado non-profit corporati on, to
purchase several of these units for the benefit of.persons with developmental disabilities.
NOW, TI3EREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the
Deed Restriction Agreement for The Occupancy, Rental, And Resale of Units by the Town
of Avon and Points of Colorado, Inc. is hereby amended with the following provision:
Article 2 entitled Sale and Transfer of Units
2.1 Declarant and all subsequent owners shall restrict the sale and transfer of the Units to
"Qualified Buyers," as defined as follows:
Add subsection (f):
L Mountain Valley Developmental Services, Inc., a Colorado non-profit corporation and a
designated Community Centered Board which assists developmentally disabled persons
Y
4
in obtaining normal residential surroundings in furtherance of the policy of the State of
Colorado as. set forth in C.R.S. 30-28-115 (2)(a), is considered a qualified buyer by the
Town of Avon with the following stipulations:
i. So long as Mountain Valley owns a unit, each unit shall be used and occupied by
developmentally disabled persons receiving services from Mountain Valley,
and/or by one person then employed by Mountain; Valley and providing assisted
living services to the. developmentally disabled residents. Whenever possible,
such clients shall be employed in Eagle County, and shall work at least 30 hours
per week on an average annual basis. Clients utilizing these units shall also meet
the income qualifications as stated in Article 2, subsection (c).
ADOPTED THIS 11TH DAY OF JUNE 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny, Town Clerk
08/05/02 17:28 _FAX 4072593158
Jun-05-Z00Z 18:60 FrwTOWN OF AVON CO1100JNITY DEVELOPNENT 6709495749
Town of Avon
Community Development
PO Box 975
Avon, CO 81620
Volce 970.748.4030
Fax, - 970.9.49.6149,
FM
T-51T P.001/008 F-055
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To: C t111~~ Froms
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Re: C6l
D Urgent
Q For Review D Please Comment O Please Reply 0 As R6qWested
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RECEIVED
JUN 0 5 2002
J. McKNIGHT
k
OVERvTF,W ON PROGRAM
Mountain Valley Developmental Services was formed in 1973 by a group of parents and
volunteers, and was incorporated as a non-profit in 1975 and designated as a Community
Center Board for the state of Colorado. Mountain Valley has since grown into a
comprehensive organization, which provides a broad array of services to children and
adults with developmental disabilities. Mountain Valley currently provides services
within the following program areas. within Eagle` County:
Case Management and Support services: eligibility determination under the provisions
of CRS 27-.1A.5;.evaluation; the development of the Individualized Plan, case
coordination, and monitoring of.services; transportation services or coordination;
coordination and monitoring of medical and dental needs and care specialized therapies
including physical. therapy, speech therapy, and occupational therapy; resource
coordination to assist,persgns served and.families in accessing other services to which
they may be entitled; assistance with the preservation of legal rights.
Family Support semicrs:.assistanc a in accessing entitlements and resource coordination;
direct financial assistance far fbod,:shelter, and medical care; purchase of respite, after
school and day care; an array of supportive services specifically dcsi,gned to prcvcni out
of home placement of children identified to be at risk of placement.
Early Intervention services: assist families through the mitigation of an array of effects
which could potentially occur as a result of a child's developmental delays; reduce costs
to school districts.
Adult Vocational and Day Activity services: provide persons with disabilities with
opportunities to became productive wage earners; provide persons served with.
opportunities for inclusion. within recreation, social, and civic activities within their home
community; assist persons with disabilities in accessing the full array of supports to
which they may be entitled; assist with, the preservation of legal rights.
Adult Residential services: provide persons with disabilities with skills and supports
which result in opportunities for independent living within their home community and
promote inclusion within the array of life activities available within the community;
provide housing to persons with developmental disabilities within an array of community
integrated residential sites including group homes, host homes, supported living, and
personal crape alternatives; monitor and coordinate the nutritional, medical, and dental
needs of persons served.
Supported Employment: provides the opportunity to work in a variety of integrated
settings, which arc located throughout the community. Individuals served receive training
related to job development of specific skills tieecssary.to fulfill the requirements of the
job. 'ncc job' also provides assistance with the development of appropriate interpersonal
relationships with co-workers, the use of community support systems, the use of public
transportation and/or car pools, and access to recreation and social activities.
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Individualized placements in community settings are obtained and maintained through
intensive on-the-job training and necessary ongoing support services are provided with
the assistance of job coaches.
NEED FOR HOUSING:
It is a high-priority to expand our residential services in the Avon and. Eagle areas. We
would like to purchase additional housing units to Facilitate supported living for more
People. We want to expand services for assistance wiih independent living, leisure and
recreation activities. We are currently sceving seven individuals in our residential:
program. Mountain Valley has approximately 1.0 people on our waiting list for services
that will need housing over. the next 5 years. Employee housing is a continuing concern
for all employers in the valley. One.of our increasing concerns with expansion of services .
in the liaglc area is making sure we have the work force to support the program.
Housing far employe es.as,well as the indi-viduals'we serve would be crybetiefccial to
our success. We are hoping that your project will give 'us the opportunity.
Another issue that our agency is facing is a lawsuit that is ctccrcritly pending. Several
people. on the waiting list arc suing the Statc of Colorado. for services: if the State loses
this lawsuit our agency will be mandated to serve the waiting list individuals in a very .
short period of time.. similar lawsuits have been filed in several other states. Two of
those: have been settled in ravor of the plaintiff.
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