The Town of Avon has received a request to consider and support an effort to terminate the Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision, originally adopted in 1974 (“Benchmark Covenants”). The Benchmark Covenants are private covenants adopted with the original Benchmark Subdivision Plat for the Town of Avon in 1974. The Benchmark Covenants apply to all of the original platted area of the Town of Avon, which is basically everything on the valley floor except Eagle Bend, Nottingham Station, River Front, Brookside and the Village (at Avon). The Benchmark Covenants address development matters which are addressed in the Town of Avon’s Development Code, Building Code and Sign Code.
The Town of Avon’s Development Code, sign code, building code and other municipal regulations address the same topic matters in the Benchmark Covenants, but in a more defined, complete and modern manner. The Town’s regulations are more easily updated, are more easily accessible, and are better administered through the Avon Community Development department than the Benchmark Covenants. The Benchmark Protective Covenants require the appointment of a Landowners Committee and a Planning and Architectural Control Committee to adopt regulations, review development and enforce the covenants; however, these committees have not existed or operated for more than 10 years.
The Avon Town Council considered a proposal to terminate the Benchmark Covenants at its October 25, 2016, meeting and decided to delay further consideration until more information can be provided to interested property owners. An informational meeting was held at Avon Town Hall on November 15, 2016, where Eric Heil, Town Attorney, presented a table comparing the Benchmark Protective Covenants to Avon’s current development regulations. The table and additional information are available at the link below.
Benchmark Protective Covenants – Comparison with Avon Regulations
To view the Benchmark Covenants, please click HERE.